Coaster Designer

Web Site Terms and Conditions of Use

TERMS

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright.

DISCLAIMER

The materials on Canada Coaster and/or Coaster Designer's web site are provided "as is". Canada Coaster and/or Coaster Designer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Canada Coaster and/or Coaster Designer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

LIMITATIONS

In no event shall Canada Coaster and/or Coaster Designer or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Canada Coaster and/or Coaster Designer's Internet site, even if Canada Coaster and/or Coaster Designer or a Canada Coaster and/or Coaster Designer authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

REVISIONS AND ERRATA

The materials appearing on Canada Coaster and/or Coaster Designer's web site could include technical, typographical, or photographic errors. Canada Coaster and/or Coaster Designer does not warrant that any of the materials on its web site are accurate, complete, or current. Canada Coaster and/or Coaster Designer may make changes to the materials contained on its web site at any time without notice. Canada Coaster and/or Coaster Designer does not, however, make any commitment to update the materials.

LINKS

Canada Coaster and/or Coaster Designer has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Canada Coaster and/or Coaster Designer of the site. Use of any such linked web site is at the user's own risk.

SITE TERMS OF USE MODIFICATIONS

Canada Coaster and/or Coaster Designer may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

GOVERNING LAW

Any claim relating to Canada Coaster and/or Coaster Designer's web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.

IN GENERAL

Access to and use of this Website and the products and services including but not limited to the Coaster Designer made available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to withdraw or amend the Services on this Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or entire Website.

This Website may contain links to other websites, which are not operated by Canada Coaster and/or Coaster Designer (the "Linked Sites"). Canada Coaster and/or Coaster Designer has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using Canada Coaster and/or Coaster Designer, you consent to the processing described therein and warrant that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Canada Coaster and/or Coaster Designer will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Canada Coaster and/or Coaster Designer and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Canada Coaster and/or Coaster Designer and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Canada Coaster and/or Coaster Designer or its licensors.

TRADEMARKS

All trademarks, service marks, logos and trade names used in the site are trademarks or registered trademarks of Canada Coaster. No license or consent is granted to you to use Canada Coaster and/or Coaster Designer marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Canada Coaster and/or Coaster Designer.

TERMS OF SALE

By placing an order through the Canada Coaster Website(s) and/or Coaster Designer you are offering to purchase a product on and subject to the following terms and conditions. Orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the continental United States and Canada and subject to any delays resulting from postal or third party shipping delays or force majeure for which we will not be responsible.

In order to contract with Canada Coaster and/or Coaster Designer you must be of legal age and possess a valid credit or debit card issued by a bank. Canada Coaster and/or Coaster Designer retain the right to refuse any request made by you. Once your order is accepted we will inform you by. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such change without prior notice.

  1. OUR CONTRACTS

    1. When you place an order using Coaster Designer, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not necessarily constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
    2. When you place an order for Value Pack and High-Volume directly through Canada Coaster are subject to Terms and Conditions as outlined in the Proof Approval Form. Proof Approval Forms are emailed.

      Timeframe: Standard turn orders have an approximate ship date of 15 business days from proof approval. Delays beyond our control will not result in credits. Please note turnaround time begins calculating upon receipt of properly completed and signed approval form.

      Guarantee: When guaranteed; orders will be ready to ship on or before 3pm (x) number of days following receipt of properly completed and signed approval form.[(x) represents the number of days in the selected service level guarantee] Approval forms received after noon EST, will be deemed to be received the following business day. Should your order not be ready to ship by the guaranteed time, there will be no charge to you for producing your order. Simply pay the shipping costs once your order is ready to ship if you still wish to receive your order. Shipping costs will not be guaranteed. It will be your option to take delivery of the order. We reserve the right to revoke the guarantee for up to 1 business day following receipt of the approval form.

      Overs/Unders: We adhere to print industry standards of +/- 10% over/under runs, overs billable.

      Color: Electronic proofs are provided for content proofing only. Colors may vary from screen to screen and printer to printer. Due to this and the nature of the coaster material, there may be color variations from the electronic proof and the actual printed coaster which will not result in credits or discounts. PMS/Spot colors are available at an additional cost for more accurate color matching.

      Color Matching: When color match is critical, please send us a color sample for us to match against. In some cases an additional fee may apply. You will be notified in such cases before we manufacture your order.

      We ship: Our standard shipping method is UPS Ground unless you give us authorization to ship using expedited/overnight service. The shipping method is determined by your in hands date, location of your destination, time frame and cost factors. If Freight charges are not specified on your order, we will bill your freight post-shipment which may show up as a separate charge on your credit card. If shipping via freight, shipping is charged at prevailing freight rates by carrier.

      You ship: We will ship with a preferred carrier of your choice on your account if requested (please provide your 3rd party billing account number and appropriate paperwork, otherwise a $15 fee will be charged per shipping location). Be advised that in this case, once the shipment leaves our shipping dock, the ownership of goods passes to the customer. Should your order be lost/damaged while shipping on your account, we will do everything in our power to assist. Major carriers have policies related to these situations that you can investigate prior to placing your order. If shipment is going to a US destination, please arrange customs brokerage and commercial invoices and include with paperwork.

      Damaged/Shorted Items: Before your order ships, we inspect each order multiple times for print quality and appearance, die cutting/finish, and count. In the event of a shortage, we must be notified immediately. Shortages or factory errors will be replaced or a credit will be issued within 30 days following the initial delivery. Claims for damaged or lost shipments must be filed with the freight carrier. We assume no liability for merchandise lost, damaged or delayed by the freight carrier.

      Returned/Refused Items: Custom imprinted items are not returnable or refundable for credit unless there is a factory error. We must be notified immediately if a shipment is refused or returned for any reason. No unauthorized return shipment will be accepted. Customer will be invoiced for freight charges incurred for unauthorized return shipments.

      Copyrights: Customer assumes full responsibility for any claims and/or litigation resulting from alleged infringements of patents, trademarks or copyrighted works.

  2. PRICING AND AVAILABILITY

    Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods prior to delivery, you will receive a full refund.

  3. PAYMENT

    Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited and/or charged once the order has been accepted.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Canada Coaster and/or Coaster Designer and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Canada Coaster and/or Coaster Designer's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

UNAUTHORIZED USE OF THE WEBSITE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.

You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

THIRD PARTY SERVICES

From time to time, Canada Coaster and/or Coaster Designer may use services provided by persons or entities other than us ("Third Party" or "Third Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third Party site, you do so at your own risk. Any link or hyperlink from our website to a Third Party website does not imply sponsorship, affiliation or endorsement of the content on that Third Party website or the operator or operations of that site. Any concerns regarding the content and/or availability of hyperlinks, which are not controlled by Canada Coaster, should be directed to the Third Party that controls the content of the hyperlink.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Canada Coaster and/or Coaster Designer and you should not rely on the existence of such a connection or affiliation. Any trademarks/names/images featured on this Website are owned by the respective owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Canada Coaster and/or Coaster Designer.

INDEMNITY

You agree to indemnify, defend and hold harmless Canada Coaster, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

VARIATION

Canada Coaster and/or Coaster Designer shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Basic Principles. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Basic Principles.

CHANGES TO THIS AGREEMENT

Canada Coaster and/or Coaster Designer reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Website and/or any portion thereof, and/or your account, at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Website.>

MODIFICATION/TERMINATION OF WEBSITE

In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Canada Coaster and/or Coaster Designer shall not be liable to you or any third-party for any termination of your access.

VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to info@coasterfactory.com. Please state the reasons for your concern. Upon receiving such a report of a possible violation, Canada Coaster in its sole discretion may investigate the matter and take such action as Canada Coaster determines to be appropriate.

UPDATES TO TERMS OF USE

Terms of Use updated December 2013.

By using the Canada Coaster site and/or Coaster Designer, you agree to this Privacy Policy including the Terms and Conditions of Use. Your continued use of the Service constitutes your agreement to this Privacy Policy and any updates. We may occasionally update this Privacy Policy and Terms in our sole discretion.