Order Materials: Terms and Conditions
Posted July 11, 2018
Please note: Orders placed by law enforcement agencies within Canada may be subject to different terms and conditions as agreed to between the Canadian Centre and the law enforcement agency.
In consideration of the Materials (defined below) provided to you by the Canadian Centre for Child Protection Inc. pursuant to these Terms and Conditions, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you accept and agree to the following:
- “Canadian Centre” means the Canadian Centre for Child Protection Inc.
- “Electronic Materials” means all electronic materials, including all downloadable materials and all licensed materials, available for order pursuant to these Terms and Conditions.
- “Materials” includes, without limitation, all Print Materials, puppets, and Electronic Materials available for order pursuant to these Terms and Conditions.
- “Order” means a request to purchase Materials pursuant to these Terms and Conditions and any related transaction.
- “Order Confirmation” means a confirmation sent by email from the Canadian Centre to you after an Order has been placed.
- “Print Materials” includes, without limitation, any books, posters, safety sheets, brochures or other printed materials ordered pursuant to these Terms and Conditions.
- “Purchase Confirmation” means a formal document submitted by you to place an order.
- “Website” means our online ordering system accessible at https://www.protectchildren.ca/app/en/order.
Effective Date and Term
Your agreement to these Terms and Conditions is effective on the date you submit your Order if your Order is submitted by you through our Website, or on the date you are sent an Order Confirmation if your Order is submitted over the phone or by fax. If you submitted your Order over the phone or by fax, and you did not receive an Order Confirmation, a packing slip with these Terms and Conditions will be included with your shipment and your agreement to these Terms and Conditions is effective upon your acceptance of the Materials. The Terms and Conditions will govern all issues related to your purchase of and/or license to the Materials and can only be amended or terminated in accordance with the provisions herein.
Descriptions of Materials and Availability
Descriptions of Materials are included as a courtesy, and there is no warranty that the Materials ordered will be exactly as depicted or described. If the Materials are not as described, your sole remedy is to return the item for refund as set out in sections 12 and 13. All Orders are subject to availability.
Product Use Information — All Materials
Most of the Materials featured on this website are intended for use solely by either educators (administrators, teachers, resource staff), child-serving organizations and/or law enforcement in Canada, and certain Materials are intended for use by parents. When an Order is placed, you will be required to identify the nature of your organization to help ensure yours is a group for which the Materials are intended. Please note that not all Materials are eligible for shipping, download or license outside Canada. If you reside outside of Canada, please contact us via email (firstname.lastname@example.org) for more information about how to order. We reserve the right to reject any Order.
Product Use Information — Puppets
Puppets are intended and manufactured for classroom use only. Puppets are not intended for residential use or with children under the age of three (3). Puppets will not ordinarily be shipped to any jurisdiction outside Canada.
Product Use Information — Electronic Materials
Electronic Materials are subject to terms and conditions set out at the end of these Terms and Conditions and any End User License Agreement or other form of separate license agreement that accompanies the Electronic Material and governs your use of it.
Prices listed are in Canadian currency, are subject to change at any time without notice and do not include shipping costs or any applicable taxes or duties. Upon submitting your Order, applicable taxes will be calculated, and you are responsible for paying such taxes. Sales taxes are based on the shipping address submitted at the time of Order. International Orders may have additional taxes or duties that are not known at the time of Order which you will be responsible for upon delivery.
We accept American Express, MasterCard or Visa as online payment. You may also select from the “Purchase Order” or “Invoice my Organization” options.
- Costs and Payment. You are responsible for the cost of shipping. Unless you request expedited shipping, the Canadian Centre will choose the method of shipping that is most appropriate considering the size and timing of your Order. If you pay by credit card at the time of submitting an Order through our Website, shipping costs will be as quoted. For all other forms of payment, the shipping costs that appear during the online ordering process or that may be provided over the phone are estimates only and may be adjusted in accordance with this section. In general, actual shipping costs are lower than quoted, but the Canadian Centre cannot guarantee that actual shipping costs will not be higher than quoted.
Expedited Shipping Option. For Website Orders, requests for expedited shipping must be made in the “Special Instructions” box. For other orders, requests can be communicated pursuant to section 21(f) (Notice). Please note that expedited shipping is not available for Orders placed through our Website and paid for by credit card at the time of ordering; if you order in this manner and require expedited shipping, you must use the “Invoice My Organization” option.
When making a request for expedited shipping, please indicate your requested deadline for delivery. If you are making your request other than in “Special Instructions,” please also indicate the name of the individual or organization that placed the Order and the date the Order was placed. The Canadian Centre will make reasonable attempts to facilitate expedited shipping when requested. Please note that you are responsible for paying all shipping costs, including the full cost required to ship by an expedited method.
- Risk of Loss and Title. The risk of loss and title to Materials pass to you upon delivery by the Canadian Centre to the carrier shipping the Materials.
- Delivery of Electronic Materials. For Electronic Materials provided on a removable media storage device (e.g., CDs, DVDs), the shipping will in accordance with sections 10(a) and 10(b). For Electronic Materials available for download or access via a Canadian Centre website, a valid email address is required. You will receive an email from the Canadian Centre within 24 hours of your purchase. The email will provide you with more information and an expected timeline for delivery of your Electronic Materials. You may be required to create an account with Canadian Centre and/or agree to separate terms and conditions prior to accessing the Electronic Materials. If you purchased Electronic Materials more than 24 hours ago and have not received an email, please send an email to email@example.com or call 1-800-532-9135. Assistance is available Monday–Friday, 9:00am–5:00pm Central Time. Response times may vary depending on employee availability.
Cancellation or Change
- By the Canadian Centre. The Canadian Centre reserves the right to cancel or change all or any portion of your Order for any reason before the Materials comprising your Order are delivered to the carrier for shipping. If Canadian Centre cancels or changes your Order, you will be notified of the cancellation or change pursuant to section 21(f) (Notice). The price of your Order will be adjusted accordingly, and any payments you have made in excess of the adjusted amount will be refunded.
- By the Customer. Cancellations or changes will be honoured at the discretion of the Canadian Centre. Cancellation or change requests must be made within 48 hours or before the items are delivered to the carrier for shipping, whichever is earlier. To cancel or change your Order, you must send notification pursuant to section 21(f) (Notice). The notification must include the name of the individual or organization that placed the Order, the date the Order was placed and the reason you wish to cancel or change your Order. If you cancel or change your Order and the Canadian Centre agrees, the price of your Order will be adjusted accordingly. Any payments you have made in excess of the adjusted amount will be refunded, less any costs incurred by the Canadian Centre to process your Order to the date of cancellation.
Refunds — Print Materials and Puppets
You must notify us in advance that you would like to return or exchange Print Materials or puppets. Notification may be sent to firstname.lastname@example.org, or you may call the Canadian Centre and we will confirm your request by email. Requests for refund or exchange must include:
- the name of the individual or organization on the invoice;
- a complete list of the items you wish to return or exchange; and,
- the reason you wish to return or exchange the items.
Returns are processed for refund only if the item(s) is/are returned unused, undamaged and in re-salable condition within thirty (30) days of delivery. We reserve the right to verify the condition of the returned item before issuing a refund. Refunds will be made in the same form of payment originally used for the purchase within a reasonable amount of time. Exchanges may be permitted subject to our discretion. Shipping costs are not refunded. You are responsible for return shipping costs.
Refunds — Electronic Materials
Refunds for Electronic Materials are at the sole discretion of the Canadian Centre.
- your name, email, billing address (including your organization), shipping address (including your organization), and phone number are collected and used for the purpose of processing your Order, contacting you about questions pertaining to your Order and responding to inquiries about your Order;
- shipping address information (including your name and your organization) is disclosed to the chosen shipping company for the purposes of delivering your Order;
- your city, province and the name of your organization may be used in the aggregate to help us understand and improve the reach of our Materials and how they are being used;
- credit card information is collected, used and disclosed for the purpose of processing payment of your Order;
- contact and credit card information may be disclosed to a collection agency in the event your payment is rejected and suitable arrangements are not made to rectify the problem within 10 days; and,
- phone numbers may be used for the purpose of obtaining feedback, facilitating your use of the Materials, understanding the requirements of those who use our Materials and promoting awareness of new or complementary Materials.
If you choose to subscribe to one of our mailing lists, your name, email address and sector information will be used to provide you with the electronic communications that you agreed to receive.
By placing your Order, you are agreeing to the foregoing collection, use and disclosure.
Canadian Centre for Child Protection Inc.
615 Academy Road, Winnipeg, Manitoba R3N 0E7
You may also submit your question by contacting us through the Contact Us page accessible from https://www.protectchildren.ca/app/en/privacy_contact.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN SECTIONS 15, 16 AND 17 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ALL MATERIALS ARE SUPPLIED “AS IS” AND EXCEPT FOR THIS LIMITED PRODUCT WARRANTY, THE CANADIAN CENTRE MAKES NO WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION OF ANY KIND RESPECTING ANY MATERIALS OR ANY PRODUCT OR SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; OR NON-INFRINGEMENT; AND ANY SUCH WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION IS EXCLUDED. IN ADDITION, THE CANADIAN CENTRE DOES NOT WARRANT THAT ELECTRONIC MATERIALS ARE OR WILL BE ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT ELECTRONIC MATERIALS, ITS SERVERS, OR ANY EMAILS IT SENDS OR MAY SEND ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. THE CANADIAN CENTRE’S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REFUND AS STATED IN SECTIONS 12 AND 13.
LIMITATION OF LIABILITY
THE CANADIAN CENTRE SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM:
- THE USE OF ANY MATERIALS OR CONTENTS THEREOF, OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES;
- ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; OR,
- ANY GENERAL, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS WHATSOEVER ARISING OUT OF (I) ANY MATERIALS OR ANY PRODUCT OR SERVICE; (II) THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED IN ANY MATERIALS OR ANY PRODUCT OR SERVICE; (III) ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR INCORRECTNESS OF ANY INFORMATION CONTAINED IN ANY MATERIALS OR ANY PRODUCT OR SERVICE; AND (IV) ANY DELAY IN PROCESSING OR SHIPPING YOUR ORDER.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE LOSS, DAMAGE, OR CLAIM HAS BEEN CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENCE OF THE CANADIAN CENTRE, WHETHER FORESEEABLE OR UNFORESEEABLE.
YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD THE CANADIAN CENTRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, COSTS (INCLUDING REASONABLE ATTORNEY FEES AND OTHER REASONABLE EXPENSES) ARISING FROM, OR IN CONNECTION WITH: (A) ANY NEGLIGENT ACT OR OMISSION ON YOUR BEHALF; (B) ANY THIRD PARTY LIBEL, OBSCENITY, INVASION OF CIVIL RIGHTS, INVASION OF THE RIGHTS OF PUBLICITY OR PRIVACY, PATENT, TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT CLAIM THAT IS RELATED TO YOUR PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT; OR (C) YOUR BREACH OF THESE TERMS AND CONDITIONS, USE OF THIS WEBSITE IN AN UNAUTHORIZED MANNER, OR YOUR USE OF THE MATERIALS ORDERED OR ANY PRODUCT OR SERVICE PROVIDED IN AN UNAUTHORIZED MANNER. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.
The Canadian Centre retains sole ownership of the names, marks and logos featured on its Materials, and of the goodwill and reputation symbolized thereby. Such marks may not be used in any way without the express written consent of an authorized officer of the Canadian Centre.
Content of all Materials is copyright of Canadian Centre for Child Protection Inc. All rights reserved. All Materials are subject to copyright and other restrictions noted thereon and no copying or distribution is permitted. Notwithstanding the foregoing, limited reproduction rights may be permitted with certain Materials — see copyright notice on individual Materials for details (generally found in the inside front cover).
Amending Terms and Conditions
The Canadian Centre reserves the right to change the Terms and Conditions at any time by making the revised Terms and Conditions available on this Website. You are responsible for reviewing the applicable Terms and Conditions each time you place an Order. The applicable terms for any Website Order shall be the terms posted on the Website as of the date you submit your Order. The applicable terms for any Order placed by fax or phone shall be the terms provided to you in your Order Confirmation, or if you did not receive an Order Confirmation, the applicable terms shall be included on the packing slip provided to you when you receive the Materials comprising your Order.
- Governing Law. All Orders are governed by the laws of the Province of Manitoba and the laws of Canada applicable herein, and the parties hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Manitoba and all courts competent to hear appeals therefrom.
- Severability. If any provision or term of these Terms and Conditions is held by a court of competent jurisdiction to be illegal or unenforceable, all of the other terms and provisions hereof will remain in full force and effect, except that if the provision or term held to be illegal or unenforceable is section 9 (Payment), section 15 (Limited Warranty), section 16 (Limitation of Liability) or section 17 (Indemnity), then the Canadian Centre will have the right, upon such a holding, to declare these Terms and Conditions invalid in whole or in part.
- Waiver. No term or condition may be waived by the Canadian Centre without express written consent. No consent or waiver shall be effective unless made in writing by an authorized officer of the Canadian Centre.
- Force Majeure. If the Canadian Centre fails to meet any of its obligations in relation to your Order, and such failure shall be caused, or materially contributed to, by force majeure, such failure shall be deemed not to be a breach of these Terms and Conditions, and the time for the performance of such obligation shall be extended as necessary. For the purpose of these Terms and Conditions, “force majeure” shall mean any acts of God, war, terrorism, natural calamities, third party strikes or other labour stoppages or disturbances, civil commotions or disruptions, riots, epidemics, acts of government or any competent authority having jurisdiction, inability to obtain materials due to causes or delays of subcontractors or suppliers in furnishing materials, or any other legitimate cause beyond the reasonable control of the Canadian Centre. Nothing in this section limits or restricts the applicability of the law governing frustration of contracts.
- Enurement. These Terms and Conditions enure to the benefit of and are binding on the parties and their respective successors.
Notice. Communications to the Canadian Centre required or permitted pursuant to these Terms and Conditions shall be made by the method specified in the section requiring or permitting the communication, if such a method is provided. Where no method is specified, any communication to the Canadian Centre provided, required, or permitted pursuant to these Terms and Conditions shall be sufficiently given if by email or facsimile, and addressed and sent as follows:Attention: Manager, Finance and Administration
If the section requiring or the permitting the communication states that the communication may occur over the phone, the communication may be made to 204-945-5735.
Any communication to you provided, required, or permitted pursuant to these Terms and Conditions shall be sufficiently given if sent to the contact information submitted with your Order.
- Assignment. You shall not directly or indirectly assign your rights and obligations under these Terms and Conditions except with the prior written consent of an authorized officer of the Canadian Centre.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and the Canadian Centre. These Terms and Conditions supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, between you and the Canadian Centre in respect of your Order. Purchase Confirmations may be honoured at the sole and absolute discretion of the Canadian Centre to the extent the terms therein do not conflict with these Terms and Conditions.
- Interpretation. The headings inserted in these Terms and Conditions are for convenience of reference only and, in no way, define, limit or enlarge the scope or meaning of any of the terms and conditions contained herein.
Product Use Information — Electronic Materials
- System Requirements. You are responsible for ensuring that the computer or other electronic system on which the Electronic Materials will be used satisfies the hardware, operating system and software requirements associated with the Electronic Materials. These requirements may be posted on the page where the Electronic Materials are made available or communicated to you in some other manner.
- Licenses. For Electronic Materials that are not subject to a separate license agreement, the Canadian Centre hereby grants you a limited, non-exclusive license and right to use the Electronic Materials subject to any restrictions set forth in these Terms and Conditions and to any other restrictions accompanying the Electronic Materials or communicated to you at the time of license or access to the Electronic Materials. For Electronic Materials that are accompanied by a separate license agreement, your license grant is contained within and subject to your agreement to that separate license agreement, as well as any additional restrictions conveyed to you prior to or at the time that access to the Electronic Materials is provided. If your purchase will result in you having the ability to provide multiple users with access to the Electronic Materials, each user will be subject to the license terms for the Electronic Materials that they agree to, and additional details about the number of users and who is permitted to receive access may be conveyed to you prior to access to the Electronic Materials being provided. To the extent that any term within a separate license agreement conflicts with any terms of these Terms and Conditions, these Terms and Conditions shall govern your purchase of the Electronic Material and the separate license agreement shall govern your use of the Electronic Material.
- Limit on Reproduction, Storage and Transmission. Electronic Materials may not be copied, stored in a retrieval system, transmitted or distributed in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, in whole or in part, without the prior written permission of an authorized officer of the Canadian Centre, as permitted by section 19 (Copyright) of these Terms and Conditions, or as permitted in a separate license agreement governing your use of the Electronic Materials.
- Ownership. All title, ownership rights, and intellectual property rights in and to the Electronic Materials and any and all thereof (including copyright) are owned by the Canadian Centre and you acquire no rights to same.
- Other Restrictions. Whether Electronic Materials are made available through the Canadian Centre’s servers or the servers of an external service provider, you must not violate or abuse, or adversely affect or impact, the security or integrity of any system, network or computer involved in the transmission process. Prohibited activities include, but are not limited to: unauthorized access; interception; intentional interference; generating unacceptable levels of traffic on the network of the Canadian Centre or the network of the external service provider hosting the content; monitoring; and crawling.
Responsibilities of End User. An end user of Electronic Materials:
- must not in whole or in part: copy, photocopy, reproduce, sublicense, translate, or remove any proprietary or copyright notices from the Electronic Materials, any printed or copied versions of the Electronic Materials, or allow others to do so without the prior consent in writing of the Canadian Centre or as permitted by section 19 (Copyright);
- that are accessible by username and password, must not provide the password to any other person, nor permit any other person to use the username or password to access the Electronic Materials;
- must not use a false email address or username, impersonate any person or entity, or otherwise mislead as to identity;
- must not use the Electronic Materials in any way that may cause any person reasonably to infer, or may otherwise convey the impression, that you are authorized to bind the Canadian Centre or act on its behalf;
must not do any of the following:
- sell, grant a security interest in, or transfer the Electronic Materials or any reproductions of all or any part of the Electronic Materials to other parties in any way, nor rent, lease, or license all or any part of the Electronic Materials to others;
- make copies of all or any part of the Electronic Materials, or distribute such materials, except as permitted by section 19 (Copyright);
- if you have purchased Electronic Materials on behalf of an organization, use all or any part of the Electronic Materials to benefit another organization unless permitted by a separate license agreement; or,
- exploit the Electronic Materials or any parts of the Electronic Materials for any commercial purpose, or use or reproduce all or any part of the Electronic Materials to generate revenue for any person.
- Technical Support. Questions about access to or use of Electronic Materials may submitted to the Canadian Centre by phone at 1-800-532-9135 between 9:00am and 5:00pm Central Time on Monday – Friday, or by email to email@example.com. Actual response times may vary depending on the availability of the Canadian Centre’s technical resources and the complexity of the issue. Nothing in this section abrogates from the limited warranty in section 15 of these Terms and Conditions.