Acceptance of Terms of Usage

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the Sure Copy.com websites (the “site”) as well as the provision and sale of products and services by Sure Copy  and/or its affiliates, as the context may require (“Sure Copy.” “we,” “us,” or “our”). By accessing or using the Site and its related software tools, applications or any other Sure Copy service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site is on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

Every offer of a Sure Copy product and/or service on our Site as well as every transaction that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Sure Copy has not specifically rejected them.

Sure Copy may, from time to time, make changes to this Site and to these Terms of Use without prior notice. We ask that review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting us. However, if you withdraw your consent to receive our communications electronically, you agree to be bound by any changes posted on our website.

Terms of Sale

To place an order online, you must have a Sure Copy account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. Sure Copy has the right to refuse any request made by you and/or to close your Sure Copy account in the event of any significant or fundamental breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Sure Copy is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (hereinafter “Content”). This Site and Content are the copyrighted property of Sure Copy or the copyrighted property of parties from whom Sure Copy has obtained the license to use such property. All rights in this Site and its Content are reserved worldwide and use of the Website and Content is permitted only as expressly allowed in these Terms of Use. Sure Copy reserves the right to change or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You, the Customer, or Sure Copy remain the property of Sure Copy and its licensors.

The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Sure Copy reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Sure Copy customers may use the design tools to create logos that have similar or identical combinations of these elements and Sure Copy does not guarantee that your logo will not have similarities to logos designed and used by other parties. Sure Copy provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an lawyer regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content and to create an account for the sole purpose of preparing layouts and designs and ordering products or services solely through Sure Copy (the “Products”). No other use of any portion of the Content is authorised or permitted. Obtaining Products from Sure Copy does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Sure Copy.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Sure Copy reserves the right, in Sure Copy’s sole discretion, to refuse to accept any content provided by you to Sure Copy or to process any order at any time and for any reason. Sure Copy also may terminate its service to and/or the accounts of customers found to be using Sure Copy to engage in reprehensive activities or otherwise violating these Terms of Use. You agree that Sure Copy shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Sure Copy to produce the Products on your behalf. You grant Sure Copy the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Sure Copy to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

When you create an account during registration, you are able to personalize products and save these designs for future use or ordering. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

INDEMNIFICATION

You agree that you shall indemnify Sure Copy and all parties from whom Sure Copy has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Sure Copy or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Sure Copy to do so. If those consumer guarantees apply to you, and Sure Copy cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Sure Copy: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Sure Copy to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Sure Copy’s Satisfaction Guarantee is good for 21 days following your receipt of your purchased goods and services. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Sure Copy´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to placing your order. Sure Copy does not proof documents created by its customers prior to processing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURE COPY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SURE COPY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SURE COPY OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SURE COPY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Sure Copy in connection with the operation or content of this Site shall be provided by the submitter and received by Sure Copy on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Sure Copy. By submitting any such information to Sure Copy, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Sure Copy shall be free to use such information on an unrestricted basis.

Privacy

Sure Copy has set out in its Cookies and Privacy Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Cookies and Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

Miscellaneous

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision herein is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is Sure Copy, a limited company organised under the laws of British Columbia, Canada. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the Canada. All other matters relating to your access to or use of this Site shall be governed by and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable in that Province without giving effect to any choice or conflict of law provision, principle, or rule (whether of the Province of British Columbia or any other jurisdiction). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and does not apply to this Agreement. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in the Province of British Columbia. You agree to submit to the jurisdiction of courts sitting in the Province of British Columbia and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Sure Copy that a court sitting in the Province of British Columbia is an inconvenient forum for such legal action or proceeding.