- Use of Website
This website is owned and operated by Off the Clock Studio Inc. It is intended for your personal use and information provided you are a resident of Canada. Throughout the site, the terms “we”, “us” and “our” refer to Off the Clock Studio Inc. Your use of this website is subject to the following terms and conditions (“Terms”) and all applicable laws.
By visiting our site or purchasing something from us, you agree to be bound by these Terms. If you do not agree to all the Terms, then do not use our website. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the website or such material.
- Accuracy of Information
The information, material, product specifications or prices on this website are subject to change at any time without notice. We do not represent or warrant that information, material products or prices on this website are up-to-date, accurate, error-free or complete. We will make reasonable efforts to accurately display product specifications. However, the actual colour visible by you on your computer monitor will depend on your computer system. We cannot guarantee that your computer system will accurately display such colours. Our including products on this website at a particular time does not imply or warrant that these products will be available at any time.
- Copyright and Trademarks
Material on this website is owned or otherwise provided by Off the Clock Studio Inc. We do not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this site is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties. Material on this website may not be copied, reproduced, republished, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without our prior written consent. Trademarks, logos and service marks displayed on this website are registered or unregistered marks of us or others and the property of their respective owners. These marks may not be used without the owner's prior written permission. Nothing in this website is to be interpreted as conferring a right to use the marks or the material protected by the Copyright Act.
- Information Transmitted
- Username and Password
Certain services and related features made available on this website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process. You also agree to promptly update such information as necessary to ensure it is kept accurate and complete. You are responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on this website. You are also responsible for all activities that occur under such password or account. You agree to notify us of any unauthorized use of your password or account. We reserve the right to cancel or suspend your account registration or subscription at our discretion without any notice or liability to you. We (including our directors, officers and employees) shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind arising out of, or in connection with, you failing to comply with this term.
- Orders and Shipping
Products displayed on this website may be unavailable, may have different specifications than those displayed on the website, or may be available at a price that is different than the price displayed on the website. We reserve the right, without prior notice, to limit the order quantity of any product or to refuse to sell to any customer for any reason whatsoever. We may require you to verify information prior to us accepting an order.
Pricing errors may occur on the website or at our studio. We reserve the right to cancel orders containing pricing errors with no further obligations inclusive of online order confirmation and shipping notification from us.
We accept Paypal, payments via the Square, Interac e-transfers and Off the Clock Studio gift cards for payment of purchases made through the website or in studio. Given that we use third-party payment platforms, we do not receive your complete banking information and so do not store it.
Advertisements on the website are invitations for you to make offers to purchase products and services on the website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only once it has left our studio - picked up by you or someone you name on your behalf or to be delivered to you or shipped to a location in Canada.
We may monitor access to this website and other activities in relation to such access. We may intervene to ensure the respect of these Terms, but we make no representation and give no warranty as to said monitoring. By using and accessing this website, you consent to said monitoring should we proceed therewith and to any eventual intervention.
- Third-Party Links & Dealings
We may provide links and references to other websites as a convenience only. We have not reviewed and do not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links. We do not assume any responsibility for any other such websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of this website, except if we expressly allow you to in writing.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
- User Comments, Feedback And Other Submissions
At our request, you may send certain specific submissions (for example, contest entries). Without a request from us, you may send feedback, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise. Collectively, these submissions are “comments”. You grant us a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to copy, edit, publish, distribute, translate and otherwise use in any medium, now known or later developed, your comments and any derivative thereof. In addition, you warrant that you have waived your moral rights in any such comments. We have no obligation to maintain comments in confidence or to respond to comments. We have no obligation to compensate you for any comments.
We may monitor, edit or remove comments posted to the website that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Cancellations and refunds are governed by our Cancellation Policy.
- Personal Information
- Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or territorial regulations, rules or laws;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the website.
- Exclusion of Warranties
We do not guarantee, represent or warrant that your use of our website or any information, products or services contained thereon will be uninterrupted, timely, secure or error-free. All information, products, services and materials on this website are provided to you “as is” without warranties of any kind. We disclaim all warranties and conditions, written or oral, statutory, express or implied, including without limitation, warranties and conditions or merchantability or fitness for a particular purpose or non-infringement of intellectual property rights.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non-permitted exclusions may not apply to you.
- Limitation of Liability
Off the Clock Studio Inc., its directors, officers, employees and agents will not be liable towards you or a third-party for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, including without limitation for breach of contract, strict liability, contract or extra-contractual liability, tort (including negligence) or any other legal or equitable liability theory, arising out of or in connection with this website, its contents, or the use thereof or access thereto.
Should you have any problems with the items or products that you purchase on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such items or products, in accordance with the manufacturer’s warranty. To the extent that the jurisdiction to which you are subject does not allow any part of such exclusion or limitation of liability, such part does not apply.
You agree to indemnify, defend and hold harmless Off the Clock Studio Inc. and its directors, officers, employees, contractors, licensors, service providers, subcontractors, suppliers, interns and agents from all liability, claims, suits originating from a third-party and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with you failing to respect these Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including this one, or access to any website by anyone using your computer system with your permission and on your behalf.
- Using your Computer or the Internet
You are entirely responsible for all damage caused to your computer system by:
- the connection, configuration and compatibility of the different components of your computer system;
- the use of all material originating from any website whatsoever;
- access to any website;
- the download of any data, software or viruses.
Off the Clock Studio Inc., its directors, officers, employees and agents assume no liability whatsoever for the illegal access to your computer system by hackers, nor for the quality, reliability, compatibility or speed of services provided by any Internet service providers.
Communications via the Internet are susceptible to interception, loss or modification. You should not transit personal information to us by email, unless you have taken measures to ensure the security of the communication. You agree that we, our directors, officers, employees and agents assume no liability whatsoever towards you or a third-party for any injury or damages suffered in relation to an email sent to us or by us on your request. You fully assume the risks associated with such a communication.
We do not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.
- Damages to Others
You agree not to introduce in or through this website any information or material which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information that may, for instance, constitute libel, slander, defamation or an obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
- Responsibility for Minors
In cases where you have authorized a minor to use this website or any of its services, you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor's access to and use of the website or its services; and
- the consequences of any misuse by the minor.
You acknowledge that some of the areas of this website may contain material that is inappropriate for minors.
We reserve the right, without notice to you, to suspend, cancel or terminate your account, or your use of or access to this website or any of its services, if we believe you have violated any of these Terms. You further agree that we are not liable to you or any other person as a result of any such suspension or termination. If you are dissatisfied with this website, any of this website’s services, any of these Terms, or any other of our policies, guidelines or practices, your sole and exclusive remedy is to discontinue using this website or its services.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Governing Law
This website is controlled and operated by us from Alberta, Canada. These Terms shall be governed by the laws applicable in the Province of Alberta and applicable federal laws of Canada, without reference to principles of conflict of laws. Any dispute arising from, connected with, or relating to this website, these Terms or any related matter must be resolved before the Courts of the Province of Alberta sitting in the City of Edmonton, Alberta, Canada. You hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
This website is controlled and operated by us from Alberta, Canada. We make no representation that the material on the website is appropriate or available for use in other locations. Those who choose to access this website from other locations may do so on their own initiative and are responsible for compliance with local laws, if and to the extent said local laws are applicable.
- Other Terms and Conditions
- This agreement is personal to you. You may not assign your rights or obligations to anyone.
- All rights not expressly granted in these Terms are reserved to us. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent or trademark or other intellectual property right of us or any other person or entity.
- Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
- These Terms apply while you are accessing this website and remain in effect thereafter, subject to any change in terms. In the event this website is no longer accessible to you, the provisions set out in sections 3 (Copyright and Trademarks), 13 (Exclusion of Warranties), 14 (Limitation of Liability) and 15 (Indemnification) of these Terms shall survive thereafter.
- These Terms constitute the entire agreement between us and you pertaining to your use of this website, its services and content. Such agreement supersedes any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and us with respect to the subject matter hereof.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Questions about the Terms should be sent to us at email@example.com.
Last Updated: January 2021