Terms & Conditions

1. Acceptance of Terms.
U-design social stationery & gifts ("U-design") provides its products and services to you through the www.u-design.ca web site (the "Site") subject to the following terms and conditions (the "Terms"), which Site may be updated, modified or deleted by U-design from time to time without notice to you. If you do not agree to be bound by the Terms, do not use or access the Site. The Terms shall govern all sales by U-design to you and are to be read together with the applicable U-design quotes and/or invoices, the U-design warranty and the U-design privacy policy.

2. Prices.
The prices shown on the Site do not include shipping, handling and applicable taxes unless expressly provided. All prices are quoted in Canadian dollars, are valid in Canada only and are subject to change without notice. U-design reserves the right to modify at any time and without notice, the product prices, quantities and specifications as offered on the Site. All sales are final.

3. Products.
U-design reserves the right, at any time and from time to time, to revise its product list and/or discontinue products without prior notice. You agree that U-design shall not be liable to you or to any third party for any modification, suspension or discontinuance of products and/or services.

4. Disclaimer of Warranties, Representations and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    4.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. U-DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

  •  4.2 U-DESIGN MAKES NO WARRANTY THAT:
    • THE SITE WILL MEET YOUR REQUIREMENTS;
    • THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
    • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
    • ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;

    • 4.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;

    4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM U-DESIGN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

5. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT U-DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF U-DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(v) THE IMPOSSIBILITY TO OBTAIN THE PRODUCTS OR SERVICES ORDERED DURING THE USE OF THE SITE; OR
(vi) ANY OTHER MATTER RELATING TO THE SITE.

6. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.

7. U-design Privacy Policy.
Customer data and certain other information that you provided to U-design are subject to our Privacy Policy. For more information, see our full Privacy Policy.

8. International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

9. Linked Sites.
U-design’s Site may provide, or third parties may provide, links to other web sites or resources. Because U-design has no control over such sites and resources, you acknowledge and agree that U-design is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that U-design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Exports.
You acknowledge that the products sold hereunder are subject to the export control laws and regulations of Canada and the United States, and you agree to comply with such laws and regulations.

11. Trademarks.
"U-design", the stylized "U" and other U-design logos, products and service names are trademarks of U-design (the "U-design Marks"). Without U-design's prior permission, you agree not to display or use in any manner, the U-design Marks. The corporate and existing product and service names used and mentioned on the Site may also constitute U-design Marks.

12. Entire Agreement.
You agree that the Terms and any document incorporated by reference or referred to herein constitute the entire agreement between you and U-design and that the Terms supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and U-design. In the event of a conflict between the Terms and those of a sale invoice, the terms and conditions stipulated in the invoice shall prevail.

13. Waiver.
The failure of U-design to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

14. Severability.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

15. Headings.
The section titles in the Terms are for convenience only and have no legal or contractual effect.

16. Force Majeure.
U-design shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

17. Laws.
The Terms shall be governed in accordance with the laws of the Province of Quebec, Canada, excluding its conflict of laws provisions. You and U-design agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada.