Effective Date: june 29, 2024

Welcome to GlowMark. These Terms and Conditions govern your use of our website www.glowmark.ca and our fabric label design application. By accessing or using the Site or App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not access the Site or use the App.

1. Use of the Site and App

Eligibility

  • You must be at least 18 years old to use the Site and App. By using the Site and App, you represent and warrant that you have the legal capacity to enter into a binding agreement.

Account Registration

  • To access certain features of the Site and App, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.

Account Security

  • You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2. User Content

Uploaded Content

  • By uploading images and designs to the App, you represent and warrant that you own or have the necessary rights to the content and that the content does not violate any third-party rights or applicable laws.

License to Use

  • You grant GlowMark a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your uploaded content solely for the purpose of providing our services to you.

Prohibited Content

  • You agree not to upload any content that is unlawful, defamatory, obscene, pornographic, or otherwise objectionable. We reserve the right to remove any content that violates these Terms or that we deem inappropriate at our sole discretion.

3. Orders and Payments

Pricing

  • All prices displayed on the Site are subject to change without notice. Prices for products will be as stated on the Site at the time of your order.

Order Acceptance

  • We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or errors in your order.

Payment Terms

  • Payment must be received by us before our acceptance of an order. We accept various forms of payment as indicated on the Site.

Shipping

  • Shipping terms will be provided at the time of order. Risk of loss and title for items purchased from us pass to you upon our delivery to the carrier.

4. Intellectual Property

Ownership

  • The Site, App, and all content and materials included therein, including but not limited to text, graphics, logos, images, and software, are the property of GlowMark or its licensors and are protected by applicable intellectual property laws.

Limited License

  • We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and App for your personal use. You may not use the Site or App for any commercial purposes without our express written consent.

5. Prohibited Activities

You agree not to:

  • Use the Site or App for any unlawful purpose.
  • Engage in any activity that interferes with or disrupts the Site or App.
  • Attempt to gain unauthorized access to any portion of the Site or App or any other accounts, computer systems, or networks connected to the Site or App.
  • Use any automated means, such as robots or scripts, to access the Site or App for any purpose without our express written permission.

6. Disclaimers and Limitation of Liability

Disclaimers

  • The Site and App are provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the operation or availability of the Site or App or the information, content, materials, or products included therein.

Limitation of Liability

  • To the fullest extent permitted by law, GlowMark shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or App, even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless GlowMark, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or App.

8. Governing Law and Dispute Resolution

Governing Law

  • These Terms and your use of the Site and App shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

Dispute Resolution

  • Any disputes arising out of or relating to these Terms or the Site or App shall be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the rules of the Canadian Arbitration Association.

9. Changes to These Terms

We may update these Terms from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Terms on the Site. You are advised to review these Terms periodically for any changes. Your continued use of the Site and App following the posting of the revised Terms means that you accept and agree to the changes.

10. Contact Us

If you have any questions or comments about these Terms, please contact us at:

support@glowmark.ca