Terms & Conditions
Please read these Terms and Conditions carefully. These Terms and Conditions govern your access and use of the Pac & Go websites and mobile sites (collectively, the "Site") as well as the provision and sale of Products and services by Pac & Go and/or its affiliates and/or fulfillment providers, as the context may require ("Pac & Go" "7956797 Canada Inc.", "we", "us", or "our"). By accessing or using this Site and its related software tools, applications or any other Pac & Go service, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms and Conditions on its behalf and to bind such business, organization, or entity to these Terms and Conditions. Every offer of a Pac & Go product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Pac & Go has not specifically rejected them.
Pac & Go reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care.
1. Copyright Materials
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of 7956797 Canada Inc., and/or its subsidiaries (referred to herein as "Pac & Go") or the copyrighted property of parties from whom Pac & Go has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms and Conditions. Pac & Go reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Pac & Go remain the property of Pac & Go.
You are granted permission to access and use this Site and its Content. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. You agree to use this Site in a responsible manner that is in full compliance with these Terms and Conditions and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, threatening, harmful, obscene, malicious or otherwise objectionable. Pac & Go reserves the right, in Pac & Go ’s sole discretion, to refuse to accept any content provided by you to Pac & Go or to process any order at any time and for any reason. Pac & Go also may terminate its service to and/or the customers found to be using Pac & Go to engage in undesirable activities or otherwise violating these Terms and Conditions. You agree that Pac & Go shall have no liability of any kind to you or to any third party arising from such refusal or termination.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products (referred to herein as "Products"). You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Pac & Go to produce the Products on your behalf.
You grant Pac & Go the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Pac & Go to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
2. Creative Services
These Terms and Conditions establish the terms under which Pac & Go performs design and other creative services projects (collectively, "Creative Services"). By directly or indirectly requesting a Creative Services project from Pac & Go, you agree to be bound by these Terms and Conditions. Please read them, including the general Pac & Go Terms and Conditions and other Terms and Conditions and Terms and Conditions incorporated herein, carefully. Pac & Go reserves the right to make changes to these Terms and Conditions and to the products and services offered by Pac & Go Creative Services at any time without prior notice. You should review these Terms and Conditions, and the incorporated Pac & Go Terms and Conditions, each time you access the Creative Services.
If you upload, email, link (directly or indirectly) or otherwise refer Pac & Go to any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that Pac & Go’s provision of Creative Services will not infringe any trademark, copyright, or other right of any other party.
The designs and/or written copy (collectively, "Designs") prepared by Pac & Go for you as part of your Creative Services project may have similarities to Designs prepared by Pac & Go for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by Pac & Go , and Pac & Go reserves the right to use the same or similar Design or elements thereof in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to Pac & Go by you, all rights in all Creative Services work products, including without limitation both final Designs and all interim and draft Designs, are retained by Pac & Go.
Pac & Go reserves the right, in Pac & Go’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Pac & Go shall have no liability of any kind to you or to any third party arising from such refusal or termination. Pac & Go reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.
Creative Services will begin within 1-5 business days after payment is made and it is nonrefundable. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Pac & Go with any changes, updates, or enhancements to the project you are requesting starting from date of sale.
Pac & Go disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the use of the Designs and any information available on or related to such Designs, and the delay or inability to use the Pac & Go site or any information, in each case even if Pac & Go has been advised of the possibility of such damages.
Pac & Go provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any such Design is legally available for your use and does not infringe the rights of another party.
3. Transfer of Title
4. Indemnification or Liability
You agree that you shall indemnify Pac & Go and all parties from whom Pac & Go has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Pac & Go or incorporated into Products. As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand.
THE SERVICES AND THE WORK PRODUCT ARE SOLD “AS IS.”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAC & GO OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PAC & GO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PAC & GO OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PAC & GO BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
5. Disclaimer of Warranty
THE SITE, ITS PRODUCTS AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview the designs carefully and correct any mistakes. Pac & Go does not proof documents created by its customers prior to processing.
This physical printed sample should be used to inspect and approve layout, dimensions, spelling, and listed colour values. These are not indicative of the actual print quality on manufactured products. The physical printed sample(s) is/are not considered colour-accurate since monitors and printers can widely vary. Approving the physical printed sample is an act of acknowledgement and a binding agreement. The signed off physical printed sample will be your approval to begin the production of Products. There will be no refund nor exchange of Products and Services sold by Pac & Go.
6. Disclaimer of Delivery Times & Shipments
Pac & Go uses a network of freight partners (collectively, "Carrier") to import, ship, and deliver Items to their destination.
Delivery details for the shipment of ordered items (referred to herein as "Shipment") are provided when available. Estimated delivery dates are provided by the Carrier upon the time of Shipment. All delivery times are estimates only, and Pac & Go is not responsible for any delayed projects and/or impact to customer’s business due to a late project and/or printing.
Lead times and estimated delivery dates are determined by product specifications and the Manufacturer selected. Estimation of lead time begins from the point of order acceptance by Pac & Go and may differ from the listed values in the Pac & Go Product Catalogue.
We may provide you an estimated delivery window at the time you place an order. Your order may be subject to delays that are outside of our control that may alter the estimated delivery date. Pac & Go will not be responsible for any financial consequences for delays, but will make every reasonable effort to mitigate delays, manage issue resolution with the Manufacturer and the Carrier to provide solutions.
Orders can only be submitted through this Site. Once Pac & Go has accepted an order it becomes a binding agreement between both parties.
Prior to the acceptance of an order, Pac & Go may review and reject any order for any reason, including if there are issues with specifications. Customers will have the opportunity to resubmit an order once corrections have been made.
At the time of order placement, unless otherwise specified Pac & Go may reference a to-be-determined tax and/or freight cost that will be included on a future invoice. These costs are estimates only and are subject to change once the final costs are determined. Customers are required to pay all actual taxes and freight costs directly from the Carrier that are included on invoices.
8. Discontinuation Policy
Pac & Go reserves the right, in Pac & Go’s sole discretion, to discontinue products and services. Pac & Go is not responsible for any impact to customer’s business due to the discontinuation of products and services. You agree that Pac & Go shall have no liability of any kind to you or to any third party arising from such discontinuation.
9. Exchange And Refund Policy
No Exchange of products and services. Order made within 12 hours of purchase, can be refunded with an admin surcharge of C$125 and must be paid fully prior to the changes. Requests for Refund made after 12 hours of purchase will not be refunded. A company credit with the equivalent amount will be offered and must be used within 1 year from purchasing date. This credit can be used at both Pac & Go. and Arc & Co. Design Collective products and services. The company credit cannot be used with any promotions. Pac & Go disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the Exchange And Refund Policy hereby listed.
10. Changes and/or Cancelation Policy
Order made within 12 hours of purchase, can be changed and canceled with an admin surcharge of C$125 and must be paid fully prior to the changes or cancelation. Requests for Cancellation or Changes made after 12 hours of purchase will not be refunded. A company credit with the equivalent amount will be offered and must be used within 1 year from purchasing date. This credit can be used at both Pac & Go. and Arc & Co. Design Collective products and services. The company credit cannot be used with any promotions. Pac & Go disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the Changes Or Cancelation Policy hereby listed.
11. Pricing Changes
Pac & Go reserves the right, in Pac & Go’s sole discretion, to perform price changes of products and services without giving any prior notice . Pac & Go disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages.
12. Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is 7956797 Canada Inc., a limited company organized under the laws of Ontario, Canada. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Canada. All other matters relating to your access to or use of this Site shall be governed by and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada applicable in that Province/Territory without giving effect to any choice or conflict of law provision, principle, or rule (whether of the Province of Ontario or any other jurisdiction). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and Ontario's International Sales Convention Act do not apply to this Agreement. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in the Province of Ontario,. You agree to submit to the jurisdiction of courts sitting in the Province of Ontario and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Pac & Go that a court sitting in the Province of Ontario is an inconvenient forum for such legal action or proceeding.
13. Force Majeure
Pac & Go is not responsible to you for anything that Pac & Go may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.