Last Updated: October 1, 2015
This Website is provided by Lifetouch Canada Inc. (“Lifetouch,” “we” or “us”). The mailing address for Lifetouch Canada is 1395 Inkster Boulevard, Winnipeg MB R2X 1P6. Lifetouch is a trusted provider of photographic products and services to schools and families throughout Canada.
These Terms May Change
We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content accessible from the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties or that violates any applicable federal, state, local or international law, rules or regulations. You agree not to provide any information through the Website that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You further agree not to attempt to access any Secured Features or User Content (defined below) that is not intended for you.
The Website is not intended for use by children under the age of 13. Use of the Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Lifetouch and without any liability whatsoever, Lifetouch at any time and without notice may terminate or restrict your access to any component of the Website.
User Accounts and Security
We may restrict access to some parts or features of this Website to users with registered accounts or other access credentials (the “Secured Features”). To access the Secured Features, you may be asked to provide certain information. You are responsible for the security and privacy of any account credentials you establish, such as your username and password, if applicable. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Lifetouch representative. Lifetouch recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Lifetouch, and may be cancelled or suspended at any time by Lifetouch without any notice or liability to you or any other person. Lifetouch is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Lifetouch of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
You acknowledge that that no website or system (including this Website) is completely secure or free of risk. If you supply any personal or other information through this Website, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information.
If you make a purchase, order custom products, schedule an appointment or otherwise transact with us through this Website, such transactions are also governed by the policies, terms and conditions, if any, specific to the product or service that are communicated to you before confirming the transaction, for example terms made part of an e-commerce checkout process or limitations stated in promotional materials. We use Secure Socket Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions.
Please review these terms before making any transaction through this Website.
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST. All sizes quoted are approximate.
Lifetouch reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Lifetouch believes that customer conduct violates applicable law or is harmful to the interests of Lifetouch or any third parties.
Lifetouch and its corporate affiliates operate throughout Canada and the United States, and we may transfer your personal information to Lifetouch Companies located in the United States or process your personal information in the United States. As a result, your personal information may be subject to the laws of that jurisdiction, which may be different from Canadian laws. Lifetouch requires all parties responsible for processing or storing personal information to protect it, regardless of where it is stored, in accordance with the applicable laws of Canada and Lifetouch policies.
Lifetouch logo and marks
The Lifetouch logo and trademarks may be used only on the Lifetouch Website and by permitted users who have signed agreements with Lifetouch.
Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this site may not be reproduced in any way. All images created by Lifetouch are the property of Lifetouch and its corporate affiliates, and may only be used with permission.
All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively “Content”), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lifetouch, one of its corporate affiliates or by third parties who have licensed their materials to Lifetouch or one of its subsidiaries. The entire Content of the Website is copyrighted as a collective work under Canadian and international copyright laws, and Lifetouch owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Except as otherwise provided in a written agreement from Lifetouch or one of its subsidiaries, the Content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Lifetouch reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Lifetouch.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us (other than User Content, defined below) shall be and remain the exclusive property of Lifetouch Your submission of any such Comments shall constitute an assignment to Lifetouch of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lifetouch will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS WEBSITE IS OPERATED BY LIFETOUCH ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LIFETOUCH AND ITS CORPORATE AFFILIATES (COLLECTIVELY, THE “LIFETOUCH BUSINESSES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIFETOUCH BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE LIFETOUCH BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. THE LIFETOUCH BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY THIRD PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. THE LIFETOUCH BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES SHALL THE LIFETOUCH BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY LIFETOUCH BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE LIFETOUCH BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless the Lifetouch Businesses from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) your User Content (b) use or misuse of the Website by you or any other person who accesses the Website using your account, or (c) any violation of these Terms.
Governing Law and Jurisdiction
- Waiver; Severability. No waiver of any provision or breach of these Terms shall be effective unless made in writing, or shall be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or shall be severable from these Terms.
- Correction of Errors and Inaccuracies. The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
- Questions or Comments. If you have any questions or comments related to these Terms or this Website, please contact us through any means described in the “Contact Us” features of this Website or by writing to Lifetouch Canada Inc., 1395 Inkster Boulevard, Winnipeg MB R2X 1P6, attention: Corporate Communications.
- It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Copyright 2015 Lifetouch Canada Inc. All rights reserved.