Terms of Use – Privacy Policy

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

Welcome to the Scraperscapes Inc. website Terms and Conditions for use. These Terms and Conditions apply to the use of this website at www.scraperscapes.com and scraperscapes.ca. By accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions.

Using this website indicates that you accept these Terms and Conditions regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The scraperscapes.com and scraperscapes.ca websites are operated by:
Scraperscapes Inc, a company registered in Ontario, Canada. Our office is located in Toronto, Ontario.

Our contact details are as follows:

Scraperscapes Inc.
3-733 Avenue Rd.
Toronto, ON
M5P 2J9
Canada

General Email: info@scraperscapes.com
Telephone number: 416-688-8389

1. INTRODUCTION

1.1
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2
Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3
We may refuse to accept an order:

• where goods are not available;
• where we cannot obtain authorisation for your payment;
• if there has been a pricing or product description error; or
• if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1
All product are subject to applicable Provincial and Canadian taxes.

3.2
Where we charge separately for packing, shipping and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4. SHIPPING AND RETURNS POLICY

4.1
Under normal circumstances, Scraperscapes will aim to but cannot guarantee to get your parcel to your U.S. or Canadian address, within fourteen business days from the first business day after your order has been placed.

4.2
Upon receipt of your image, you have seven (7) days to decide whether to keep the work or return the image in its original condition and packaging for a refund. Within the (7) days you must contact us and request an Return Merchandise Authorization Form. The costs of returning goods to us shall be borne by you.

• Seven (7) days to contact us about your intent to return the work.
• Three (3) days from the day you contacted us to ship out the work.

4.3
All products for return are to be shipped out by the buyer within three (3) days after confirming with us that the work will be returned.

4.3
If the artwork has been damaged through shipping please keep all packaging and refer to our damaged goods policy found on our website(s) returns policy page.

4.4
If you experience any problems at all regarding your order please email us at returns@scraperscapes.com and we will be happy to help.

4.5
Upon receipt of the returned goods we will give you a full refund of the amount paid.

4.6
Your rights to return the goods to us as referred to in clause 4.2 will not apply in the following circumstances:

• in the event that the product has been damaged
• if you do not contact us by email of your intent to return the item with (7) days of receipt of the product
• if you do not ship the work within 3 days of notifying us, you will NOT be eligible for a refund
• you fail to acquire a Return Goods Authorization number

The provisions of this clause 4.6 do not affect your statutory rights.

5. LICENCE

5.1
You are permitted to print and download extracts from this Website for your own use on the following basis:

• no documents or related graphics on this Website are modified in any way;
• no graphics on this Website are used separately from accompanying text; and any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Scraperscapes Inc. and its owner. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.3
Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4
Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1
Other than personally identifiable information, which is covered under the PRIVACY POLICY, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2
You are prohibited from posting or transmitting to or from this Website any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• for which you have not obtained all necessary licences and/or approvals;
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Canada or any other country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3
You may not misuse the Website (including, without limitation, by hacking).

7.4
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2
You may not create any links to this Website.

8.3
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. DISCLAIMER

9.1
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

9.2
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

10. LIABILITY

10.1
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

10.2
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

10.3
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

11. GOVERNING LAW AND JURISDICTION

11.1
These terms and conditions shall be governed by and construed in accordance with Canadian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Canadian courts.

11.2
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside Canada and the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside Canada and the United States, you do so at your own risk and you are responsible for compliance with local laws.

12. MISCELLANEOUS

12.1
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

12.2
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

12.3
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Scraperscapes Inc. Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from “Scraperscapes.com and Scraperscapes.ca”.

Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

• Communicate with you;
• Screen our orders for potential risk or fraud; and
• When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

• Facebook: https://www.facebook.com/settings/?tab=ads
• Google: https://www.google.com/settings/ads/anonymous
• Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors

The Site is not intended for individuals under the age of 18.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at service@scraperscapes.com or by mail using the details provided below:

Scraperscapes Inc.
3-733 Avenue Rd
Toronto, ON
M5P 2J9
Canada