Terms of Service

Last Updated: November 15, 2020

PLEASE READ THESE Terms of Service (ALSO REFERRED TO HEREIN AS "AGREEMENT") CAREFULLY BEFORE USING THE The Design Freak WEBSITE. These Terms of Service are a binding contract that governs use of the The Design Freak website, limits liability of The Design Freak, 12337215 CANADA INC. and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.

Each time you access or use the The Design Freak website, you acknowledge that you have read, understood, and agree to be bound by the most current version of these Terms of Service. If you do not agree with these Terms of Service, you may not access or use the The Design Freak website.

1. Your Acceptance of these Terms of Service

These Terms of Service are a legal agreement between you and 12337215 CANADA INC. ("The Design Freak") regarding your access to and use of the The Design Freak website located at www.thedesignfreak.ca and all content, information, products, and services available on or through the website (collectively, the "Website"). The Website is the property of The Design Freak and 12337215 CANADA INC.

Each time you access or use the The Design Freak Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Service. If you do not agree with these Terms of Service, you may not access or use any aspect of the Website.

These Terms of Service are in addition to any other agreement you may have with The Design Freak, including an agreement for your purchase of The Design Freak products or services.

2. Changes to these Terms of Service

The Design Freak may in its discretion change these Terms of Service at any time, without any prior notice to you, by posting the changed Terms of Service on the Website. The changed Terms of Service are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Service and review any changes since the last version. By using the Website after these Terms of Service have been changed, you signify your acceptance and agreement to the changed Terms of Service. You may not change, supplement or amend these Terms of Service in any manner.

3. Permissible Users

You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.

You may not use the Website if you breach these Terms of Service, if your permission to use the Website has been suspended or terminated by The Design Freak, or if these Terms of Service as they apply to you have been terminated.

4. Permissible Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Service and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of The Design Freak.

You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by The Design Freak in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Service.

5. Ownership of Website and Content

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by The Design Freak and its licensors, and are protected by Canadian copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.

6. Your Information

You will ensure that all information you provide to The Design Freak, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. The Design Freak will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, The Design Freak or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.

7. Communications

You authorize The Design Freak to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.

Communications you send to The Design Freak are not effective unless and until they are processed by the responsible The Design Freak representative. The Design Freak may refuse to process any communications sent to The Design Freak, or may reverse the processing of any communications sent to The Design Freak, at any time in The Design Freak’s discretion, and without any notice or liability to you or any other person, including if The Design Freak believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

8. Personal Information Privacy

The Design Freak collects personal information and non-personal information from users of the Website. The Design Freak’s Privacy Policy is available online: www.thedesignfreak.ca/privacy-policy.

9. Misprints and Errors, Product Availability and Prices

The Design Freak endeavors to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. The Design Freak cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and does not warrant that the content of the Website (including product descriptions and photographs) is accurate or complete.

The Design Freak reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit services available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.

10. Accounts and Codes

To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively "Codes") accepted by The Design Freak. Accounts and Codes are personal, and may not be shared.

You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes; unless you are representing party of a business using our services and have the permissions to do so. You will immediately notify The Design Freak’s Customer Care by telephone 1-888 407-2399 or e-mail to info@thedesignfreak.ca if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. The Design Freak will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The Design Freak is not under any obligation to verify the actual identity or authority of any person using your account or Codes. The Design Freak may act upon any communication that is given through your account or by using your Codes.

Codes do not restrict access by The Design Freak to password-protected information. Codes may not prevent unauthorized access to data or other information. The Design Freak may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.

The Design Freak may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if The Design Freak is not satisfied with the proof.

11. Feedback/Submissions

You agree that you will not submit to The Design Freak any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to The Design Freak (collectively "Submissions") are deemed to be non-confidential, you automatically grant to The Design Freak and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favor of The Design Freak and its successors, assigns, and licensees any and all moral rights in the Submissions.

12. Linked Sites

For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from The Design Freak, and The Design Freak does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against The Design Freak arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

13. Disclaimers

THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY The Design Freak TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.

The Design Freak DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.

14. Liability Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL 12337215 CANADA INC. ("THE DESIGN FREAK") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE Terms of Service 12337215 CANADA INC. ("THE DESIGN FREAK") IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL 12337215 CANADA INC. ("THE DESIGN FREAK")’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY THE DESIGN FREAK OR ANY PERSON FOR WHOM THE DESIGN FREAK IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR THE DESIGN FREAK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnity

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS 12337215 CANADA INC. ("THE DESIGN FREAK") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, "CLAIMS/PROCEEDINGS/LIABILITIES") DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF SERVICE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF 12337215 CANADA INC. ("THE DESIGN FREAK"), OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF 12337215 CANADA INC. ("THE DESIGN FREAK"), WITHOUT THE DESIGN FREAK’S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN THE DESIGN FREAK’S DISCRETION. NOTWITHSTANDING THE FOREGOING, 12337215 CANADA INC. ("THE DESIGN FREAK") RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

IN THESE TERMS OF SERVICE, "12337215 CANADA INC" MEANS THE DESIGN FREAK AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

16. Changes/Termination

Notwithstanding any other provision of these Terms of Service, The Design Freak may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.

The Design Freak may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.

These Terms of Service as they apply to you are effective unless and until terminated. You may terminate these Terms of Service by permanently ceasing to use the Website and giving written notice of termination to The Design Freak’s Customer Support. The Design Freak may terminate these Terms of Service at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Service will survive termination. Sections 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, and 18 of these Terms of Service will survive termination and continue to apply and be binding upon you and The Design Freak.

17. Governing Law

These Terms of Service and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

18. Other Matters

You and The Design Freak are non-exclusive, independent contracting parties, and nothing in these Terms of Service or done pursuant to these Terms of Service will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and The Design Freak. Upon request by The Design Freak, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Service. No consent or waiver by The Design Freak to or of any breach of these Terms of Service by you will be effective unless in writing and signed by The Design Freak or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Service, The Design Freak’s rights and remedies under these Terms of Service are cumulative and not exhaustive or exclusive of any other rights or remedies to which The Design Freak may be lawfully entitled under these Terms of Service or at law, and The Design Freak will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Service will ensure to the benefit of and be binding upon you and The Design Freak and your respective successors and permitted assigns. If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Service and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Service would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Service or your rights, duties and obligations under these Terms of Service without The Design Freak’s express prior written consent, which consent may be withheld in The Design Freak’s discretion. The Design Freak may, without your consent, assign these Terms of Service or any of The Design Freak’s rights, duties, or obligations under these Terms of Service.

These Terms of Service and the Other Terms and Conditions together set forth the entire agreement between you and The Design Freak regarding the subject matter of these Terms of Service and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Service and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and The Design Freak regarding the subject matter of these Terms of Service and the Other Terms and Conditions other than as expressly set forth in these Terms of Service and the Other Terms and Conditions.

You and The Design Freak have each expressly requested and required that these Terms of Service and the Other Terms and Conditions be drawn up in the English language.

All rights not expressly granted by these Terms of Service are reserved by The Design Freak.

19. Contact

If you have any questions or comments regarding these Terms of Service, please contact The Design Freak’s Customer Service by mail at info@thedesignfreak.ca
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