iPlex.ca Conditions of Use

Welcome to www.iPlex.ca. iPlex.ca, and/or its affiliates ("iPlex.ca") provide Web site features and other products and services to you when you visit or shop at iPlex.ca, use iPlex.ca products or services, use iPlex.ca applications for mobile, or use software provided by iPlex.ca in connection with any of the foregoing (collectively, "iPlex.ca Services"). iPlex.ca provides the iPlex.ca Services subject to the following conditions.


By using iPlex.ca Services, you agree to these conditions. Please read them carefully.


We offer a wide range of iPlex.ca Services, and sometimes additional terms may apply. When you use an iPlex.ca Service, you will also be subject to the guidelines, terms and agreements applicable to that iPlex.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. We offer a wide range of iPlex.ca Services, and sometimes additional terms may apply. When you use an iPlex.ca Service (for example, Your Profile, Gift Cards, iPlex.ca Video, Your Media Library, iPlex.ca devices, or iPlex.ca applications), you will also be subject to the guidelines, terms and agreements applicable to that iPlex.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.


PRIVACY

Please review our Privacy Notice, which also governs your use of the iPlex.ca Services, to understand our practices.


ELECTRONIC COMMUNICATIONS

When you use any iPlex.ca Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other iPlex.ca Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included in or made available through any iPlex.ca Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of iPlex.ca or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any iPlex.ca Service is the exclusive property of iPlex.ca and protected by Canadian and international copyright laws.


TRADEMARKS

Click here to see a non-exhaustive list of iPlex.ca trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any iPlex.ca Service are trademarks or trade dress of iPlex.ca, or its affiliates, in the United States and other countries. iPlex.ca.'s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not iPlex.ca's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iPlex.ca.com or its affiliates. All other trademarks not owned by iPlex.ca. or its affiliates that appear in any iPlex.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iPlex.ca.com or its affiliates.


PATENTS

One or more patents owned by iPlex.ca apply to the iPlex.ca Services and to the features and services accessible via the iPlex.ca Services. Portions of the iPlex.ca Services operate under licence of one or more patents. Click here to see a non-exhaustive list of applicable iPlex.ca patents and applicable licenced patents.


LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, iPlex.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the iPlex.ca Services. This licence does not include any resale or commercial use of any iPlex.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any iPlex.ca Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by iPlex.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No iPlex.ca Service, nor any part of any iPlex.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of iPlex.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iPlex.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing iPlex.ca's name or trademarks without the express written consent of iPlex.ca. You may not misuse the iPlex.ca Services. You may use the iPlex.ca Services only as permitted by law. The licences granted by iPlex.ca terminate if you do not comply with these Conditions of Use or any Service Terms.


YOUR ACCOUNT

You may need your own iPlex.ca account to use certain iPlex.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. iPlex.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the iPlex.ca Services only with involvement of a parent or guardian. iPlex.ca reserves the right to refuse service, terminate accounts, terminate your rights to use iPlex.ca Services, remove or edit content, or cancel orders in its sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. iPlex.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.


If you do post content or submit material, and unless we indicate otherwise, you grant iPlex.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant iPlex.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iPlex.ca for all claims resulting from content you supply. iPlex.ca has the right but not the obligation to monitor and edit or remove any activity or content. iPlex.ca takes no responsibility and assumes no liability for any content posted by you or any third party.


INTELLECTUAL PROPERTY COMPLAINTS

iPlex.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


RISK OF LOSS

Risk of loss and title for items purchased from iPlex.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.


RETURNS, REFUNDS AND TITLE

iPlex.ca does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, iPlex.ca does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund. Details about the restocking fees and partial refunds can be found on our Refunds help page. For more information about our returns and refunds in general, please see our Online Returns Centre.


PRODUCT DESCRIPTIONS

iPlex.ca attempts to be as accurate as possible. However, iPlex.ca does not warrant that product descriptions or other content of any iPlex.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by iPlex.ca itself is not as described, your sole remedy is to return it in unused condition.


PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on iPlex.ca and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on iPlex.ca.


With respect to items sold by iPlex.ca, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by iPlex.ca is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.


We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.


APP PERMISSIONS

When you use apps created by iPlex.ca, such as the iPlex.ca App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.


SANCTIONS AND EXPORT POLICY

You may not use any iPlex.ca Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using iPlex.ca Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including iPlex.ca Software), technology, and services.


OTHER BUSINESSES

Parties other than iPlex.ca operate stores, provide services or software, or sell product lines through the iPlex.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from iPlex.ca. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). iPlex.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


THE AMAZON.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON.CA SERVICES IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON.CA DOES NOT WARRANT THAT THE AMAZON.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON.CA SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


DISPUTES

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any iPlex.ca Service, or to any products or services sold or distributed by iPlex.ca or through iPlex.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.


There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.


To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, iPlex.ca will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.


We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


APPLICABLE LAW

(Not applicable to Quebec consumers) By using any iPlex.ca Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and iPlex.ca.


For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and iPlex.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).


Please review our other policies, such as our pricing policy, posted on the iPlex.ca site. These policies also govern your use of iPlex.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.