Last update: June 1, 2009
Welcome to KwikPix.ca! KwikPix.ca provides its members with a fun, safe and easy way to print your photographs. Kwikpix.ca is pleased to offer this web site and its related services for your personal use. However, before you enter the KwikPix.ca site you must agree to the following terms and conditions regarding the use of our service and our privacy policy.
The User – The conditions and restrictions hereafter set forth apply to the use that you and the persons that you represent (hereafter collectively: “the User” or “You”) make of our digital photo processing and printing service (hereafter called “Kwikpix.ca”). Whether you register as a Member of Kwikpix.ca or simply order from Kwikpix.ca as a Guest, these terms and conditions apply to you as a User. As a User, you signify that you can form legally binding contracts under applicable law where you reside.
The Agreement – By checking the “I accept” box, the User convenes and agrees irrevocably to comply to this Terms of service and Privacy Policy Agreement, without restrictions. In doing so, the User states and warrants having the right and authority to use the Kwikpix.ca service.
Member Accounts – A Member is a User who signs up for a Kwikpix.ca account. If not of adult age, a User must be at least 13 years old and authorized to open an account by a parent or legal guardian.
An account is a record of personal information and preferences, current projects and past orders. Among other advantages, Members may resume previously saved projects and reorder products. Members may also benefit from unique offers and promotions.
Access to member accounts is restricted by password. Only the Member and persons authorized by Kwikpix.ca may access password-protected materials.
You are responsible for choosing a secure password (it should not be obvious or easy to guess) and for keeping it confidential. Should you lose your password, we will not send it back to you since this would be very unsecure. Instead we will provide a link allowing you to enter a new password.
Terms of Membership - Membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information including your name and correct email address. When you become a Member, you must provide KwikPix.ca with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as purchasing photo merchandise, including reprints and enlargements, through the Service at least once every 365 days. If you cease Active Participation for any reason, KwikPix.ca may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.
Guests – A Guest is a User who chooses to order products without becoming a registered member of Kwikpix.ca. Guests must provide a valid email address, as well as delivery and payment information to process their order. Guest email addresses will be kept on record indefinitely for customer service purposes, and also to ensure that one-time special offers and promotions are only available once to each Guest. Delivery and payment information will be deleted as soon as it is no longer required for processing, delivery or customer service. Past orders from Guests may remain on archived logs, but they will not be accessible from the Kwikpix.ca website or used in any way to contact a Guest.
Jurisdiction – The Agreement is to be interpreted and governed by the law applicable in the Province of Ontario, and any litigation arising therefrom is of the exclusive jurisdiction of the Courts sitting in the judicial district of Toronto.
Contact – Any inquiry related to this Agreement or other legal matter regarding Kwikpix.ca must be addressed to:
100 King Street West, 3900
1 First Canadian Place
Toronto, Ontario M5X 1B2
Canada
Limitation of Use – Kwikpix.ca is offered in all Canadian Provinces and Territories except Quebec. The exclusion of Quebec stems from binding contractual agreements previously entered by our manufacturing suppliers, and cannot be rescinded at this time. No prejudice is meant or implied in any way.
Kwikpix.ca is meant for personal use only.
Confidentiality – Using Kwikpix.ca implies transmitting to us digital data representing your pictures, personal and payment information (hereafter the “Data”). We undertake to use the Data for the sole purpose of the Kwikpix.ca service, and we have put in place systems to insure the confidentiality and the accessibility of the Data only to those persons required for the processing of your order. For instance, we encrypt all the Data transmitted on the Internet between your computer and our servers, including your pictures, with 128-bit SSL encryption or better.
Still, we cannot guarantee the infallibility of those systems and we make here no representation in that respect. You may require by email that your Data be erased from our data banks.
Suppliers and Third Parties – Kwikpix.ca partners with several suppliers to fulfill orders, such as photo labs, book printers, payment services and delivery services. These companies will only have access to Data that is directly pertinent to their roles in the order fulfillment process. Authorized representatives of these companies may contact you for troubleshooting or other customer service purposes, but not for promotional or other reasons. Your point of contact is always Kwikpix.ca.
Our website may contain links to other sites and content not created or managed by Kwikpix.ca. We take no responsibility in the factual accuracy or quality of this content, although we do strive to provide useful links and content. We retain sole discretion in removing links to content which we deem inappropriate, with no warning or justification.
Content of Your Pictures – You are forbidden to transfer to Kwikpix.ca any picture or other content in violation of:
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Intellectual Property (including Copyrights, Trade Marks, Patents, Industrial Designs, Know How and Trade Secrets)
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Criminal Law (notably in the areas of pornography, obscenity, violence and hate)
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The Rights and liberties of the Person
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The laws governing the protection of confidential information and privacy.
These restrictions do not constitute and may not be interpreted as an undertaking from our part with respect to the application of the laws in those matters, although we reserve the right to take action. We refuse that Kwikpix.ca be used in any manner for the purpose of or in the course of the perpetration of an infraction in these matters; and if that should happen, we decline any responsibility and we reserve our rights and recourses, including the denunciation to the competent authorities, without prior notice.
Our Intellectual Property – Kwikpix.ca uses proprietary content such as logos, trademarks, software, texts and pictures created for the Kwikpix.ca service. All the information and materials downloaded from the Kwikpix.ca web servers, unless explicitly noted, belongs to Kwikpix.ca. You may not use, copy, reproduce or distribute any of this content without prior written consent from Kwikpix.ca.
Limitation of Liability – You agree that any damage incurred through the use of Kwikpix.ca, whether from negligence from our part or on the part of our suppliers, will be limited to an amount equal to the purchase price of the order placed online, payable cash or by way of a credit towards a next order, subject that You make a demand in that respect within thirty (30) days following the delivery of your photo product.
In order to reduce or avoid altogether the loss of Data and resulting damages, it falls on You to make backup copies on your computer hard drive or on an independent backup media which You must store in a safe place. We also encourage You to keep backup copies after taking possession of the printed copies.
Non responsibility – Because of the fragility and the vulnerability at times of computerized systems and of the Internet network, You understand and accept that we and our suppliers cannot make any representation and give any guarantee with respect to the compatibility of computers, software and of the Internet network, their uninterrupted operation or without errors, “computer viruses, Trojan horses or worms”, or the loss or violation of your Data.
If You have doubts or require explanations on either conditions or restrictions here above, it is your responsibility to consult with your legal advisor who is solely authorized to advise You on these matters. If You do not accept to be bound by either conditions or restrictions here above, or have remaining doubts after taking advice from the appropriate advisor, we enjoin You not to use Kwikpix.ca. It is fundamental that You affirm a free and informed consent and that you have the right and the authority to be bound accordingly.
