TERMS AND CONDITIONS OF OUR WEBSITE
UPDATED: APR 17, 2013
Set out below are the terms and conditions applicable to all sales BY Graffixpro Studio (GPS) of all software products and services. By accessing, browsing using this Site and/or submitting your order on this Site, you are agreeing to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not submit an order on this Site.
Ownership of Materials and Use Restrictions
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Materials") by PULSE or its subsidiaries and affiliates. Except as provided herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PULSE. You also may not, without the permission of PULSE try to "mirror" any Materials contained on this Site on any other server. Any other use of the Materials on this Site including reproduction, including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of PULSE, is strictly prohibited.
"PULSE" shall mean Pulse Microsystems Ltd and their affiliates, subsidiaries and designees as deemed appropriate by Pulse Microsystems Ltd.
“GPS” Shall mean Graffixpro Studio, a brand of Brother International Corporation.
"Software" shall mean the Graffixpro Studio software included on and downloaded from this Site.
"Site" shall mean the Graffixpro Studio website.
SOFTWARE AND PRODUCTS
Any software that is available on this Site ("Software") is the copyrighted work of PULSE. Use of the Software is governed by the end user license agreement (“License Agreement”) which accompanies or is included with the software. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless the License Agreement permits such reproduction or redistribution. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law.
CONDITIONS OF SALES
- Price: The purchaser agrees to pay GPS the invoice amount as per the amount stated in the on-line store.
- Returns: Unless otherwise specified in the on-line store, there is no return or exchange on software once the purchaser has downloaded the product. Upon special authorization, GPS may allow return of products within seven days of invoice date. GPS reserves the right to apply a 15% restocking charge for products returned within 30 days of the invoice date. Original invoice are required for any return. GPS reserves the right to refuse any return after 30 days from the invoice date.
- Prices charged or quoted do not include HST, GST, Provincial Sales Tax, State Sales Tax, Used Tax, Customs duties or levy charged or imposed on merchandise by any federal, provincial or municipal authority. Federal, Provincial and Municipal Taxes, where applicable, will be added to the price quoted where applicable.
TERMS OF PAYMENT
Terms: All products shall remain the property of GPS until fully paid. All prices quoted and all payments shall be made in US dollars unless otherwise specified. All payments are due in accordance with terms set out on the invoice.
If a legal action or any proceeding or demand brought or made by GPS for the collection of any purchase price or the sums payable to GPS by the purchaser or because of the breach of any other terms or conditions herein contained on the part of the purchaser to be kept or performed, the purchaser shall pay to GPS all expenses, incurred therein, including all solicitors’ fees in respect thereof on a solicitor and client basis.
- Limitation: Notwithstanding any other provision herein or any applicable statutory provision, PULSE shall not be liable to the purchaser or to any end user for special or consequential damages for loss of use arising directly or indirectly from any breach of contract, fundamental or otherwise including, without limitation, loss of computer time, loss of profit, loss of revenue, failure to realize expected savings or other commercial or economic losses of any kind and in no event shall the liability of PULSE exceed the unit price of the defective product or the product subject to the late delivery.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTY OR CONDITIONS EXPRESSED
IMPLIED OR STATUTORY AND PULSE EXPRESSLY DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY
EXCLUDES CERTIFICATION OR THE LIKE FOR EQUIPMENT PERFORMANCE, USE OR
DESIGN WITH RESPECT TO ANY EQUIPMENT PERFORMANCE. USE OR DESIGN WITH
RESPECT TO ANY STANDARD, REGULATION OR THE LIKE AND TO THE EXTENT
INDEPENDENTLY APPROVED IN WRITING BY AN OFFICER OF PULSE AND EXTENDS ONLY
TO THE PURCHASER OR TO A CUSTOMER PURCHASING FROM THE PURCHASER). PULSE SPECIFICALLY
DOES NOT WARRANT THAT THE PRODUCT SOLD BY PULSE WILL MEET ALL OF THE
PURCHASER’S AND/OR END USER’S REQUIREMENTS OR WILL OPERATE IN ALL OF THE
COMBINATIONS WHICH MAY BE SELECTED FOR USE BY THE PURCHASER AND/OR END
USER’S OR THAT THE USE OF THE PRODUCTS SOLD BY PULSE WILL BE ERROR FREE OR
FREE FROM DEFECTS.
- Errors on the Site: PULSE attempts to be as accurate as possible on the Site. However, PULSE does not warrant that Image descriptions or other content on the Site is accurate, complete, reliable, current and/or error-free. PULSE reserves the right to revoke any stated offer, cancel any order and correct errors, inaccuracies or omissions on the Site at any time even after an order has been submitted and whether or not the order has been confirmed and/or your credit card charged. In the event that your credit card has already been charged and your order is cancelled, PULSE will refund the amount of the charge to the original pay type.
- Force Majeure: PULSE shall not be liable for loss or damage or delay due to causes beyond its control including but not limited to, acts of God, acts of the purchaser, fire, lockouts or other labour disruptions, floods epidemics civil or military restrictions, embargoes, car shortages, wrecks, delays and transportation or inability to obtain necessary labour. In the event of any such delay, the delivery shall be extended for a period equal to the time lost by the reason of delay.
- Severability: Invalidity of any provision of this agreement shall not affect the validity of any other provision hereof and any such invalid provision shall be severed herefrom.
- NON-WAIVER: No failure by PULSE to exercise any right accruing to it under any contract of sales entered into with the purchaser shall operate as a waiver thereof nor preclude the exercise of any other right and privilege by PULSE.
- Entire Agreement: There are no other terms or conditions applicable to the purchase and sale of PULSE products other than those contained in the sales policy.
- Governing Laws: All contracts for the sale of PULSE products shall be governed in construed according to the laws of the Province of Ontario, Canada; and the parties irrevocably adhere to the jurisdiction of the courts of the Province of Ontario, Canada.
Notice: Any notice required or contemplated hereunder shall be in writing and shall be delivered personally or sent by fax or other form of telecommunications or by prepaid mail.
To the attention of: Customer Care
Pulse Microsystems Ltd.
6711 Mississauga Road, Suite 300
Mississauga, ON. Canada. L5N 2W3
Fax number: +1 (905) 821-7331
Update of Terms and Conditions