TERMS OF SERVICE

Last updated: April, 7 2023

Please read the following Terms of use (the “Terms”) before using the website available at kasemedesign.ca (the “Website”) or purchasing something from us on our online store (the “Store”) (collectively the “Services”). By accessing, using and purchasing on our Services you are bound by these Terms as set forth by Conception KaseMe inc. (collectively, “KaseMe”, “us”, “our” or “we”), as well as our Privacy Policy. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

The Services are only available to users who can legally conclude contracts, as provided by the applicable laws. By using the Services, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract. The Services are not available to persons under thirteen (13) years of age. By using, accessing or purchasing on the Services, you represent and warrant that if you are between thirteen (13) years old and the age of legal majority in your country of residence, you only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In any case, you also represent and warrant that you are not prohibited from using the Services under applicable laws.

If you choose not to agree with these Terms or the Privacy Policy, you must refrain from using the Services.

We reserve the right, at our sole discretion, to change or amend these Terms or any part of these Terms at any time and without notice, meaning any new features or tools which are added to the current Services shall also be subject to the Terms. The amended Terms will be effective at the publishing time and will apply to your use of the Services from that point forward. You can review the most current version of the Terms of Service at any time on this page.

Our Store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. USE OF THE SERVICES
   • The Services allow you to purchase products on our Store via Shopify, including but not limited to cell phone cases, computer skins, and other accessories.
   • Access and Use. You are allowed to access and use the Services for your personal and non-commercial use solely and to consult the various information and content available thereof.
   • You shall not i) use the Services for purposes other than in accordance with these Terms, ii) copy, distribute, or disclose any part of the Services in any medium, including by any automated or non-automated web scraping tool or technique, iii) use any automated system, including "robots," "spiders," and "offline readers", to access the Services, iv) transmit, via the Services, spam or other unsolicited content, v) attempt to interfere with the servers running the Services, compromise their system’s integrity or security, or decipher any transmissions to or from them, vi) take any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Services infrastructure, vii) upload invalid data, viruses, worms, or other malware through the Services, viii) collect, extract or harvest, or attempt to, any personally identifiable information from the Services, ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, x) interfere with the proper working of the Services, xi) access any content on the Services through any technology or means other than those provided or authorized by the Services, xii) bypass the measures that KaseMe may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or the content therein, xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Services, or xiv) otherwise use the Services in contravention with applicable law.
   • Investigations and Prosecutions. KaseMe reserves the right to investigate any breach of these Terms and to take appropriate remedies to the fullest extent permitted by law. You acknowledge that KaseMe has the right to ensure compliance with these Terms, applicable laws, orders and requirements of a court or governmental body. In case of violation of these Terms, KaseMe shall have the right, at any time and without notice, to disable your access or use to the Services.
   • Data encryption. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2. INTELLECTUAL PROPERTY
   • All trademarks (including words, expressions and logos) used by KaseMe for the purposes of distinguishing its own goods or services from those of others, are owned by KaseMe. Trademarks of KaseMe may not be used, reproduced or replicated, in whole or in part, without the prior written permission of KaseMe.
   • All original works reproduced or published on the Services are protected by copyright. The owner of the copyright in each work reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
   • Other Rights. The Services may also be protected by industrial designs or patents. KaseMe reserves all rights to the Services not expressly granted. You agree not to engage in the use, copying, or distribution of any content of the Services other than than as authorized.
   • Feedback. KaseMe is free to use, take advantage of, disclose, publish, withhold or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Services or any other KaseMe product or service ("Feedback"), without compensation or attribution to you or to any person responsible for this Feedback.
3. USER CONTENT
   • Ownership of Content. You retain ownership of any image, text, graphics, photos, information or other material ("Content") that you upload to the Services.
   • Content License. By submitting Content on the Services, you grant KaseMe a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up and transferable license, to do anything that, under applicable law, only the copyright owner would otherwise be entitled to do in order to provide and improve the services on the Services, whether for commercial or non-commercial purposes, subject to KaseMe’s Privacy Policy.
   • Responsibility for the Content. You hereby agree and accept that you are solely responsible for any Content that you submit to the Services. You acknowledge and agree that KaseMe will not review the Content you upload. Without creating any obligation whatsoever for KaseMe, at all times when you submit Content, you agree not to upload any file that may be considered, at KaseMe's sole discretion, to be (i) illegal, (ii) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or otherwise discriminatory), (iii) vulgar, obscene, or malicious, and (iv) disclosing personal or confidential information of others. Accordingly, you represent and warrant that (i) you are either the sole and exclusive owner of the Content submitted to the Services, or that you have all rights, licenses, permissions, consents, and releases to grant Kaseme rights in such Content, and (ii) neither the Content nor your publication, transmission or submission of Content, nor KaseMe's use of your Content violates or will violate the rights of any third party, including intellectual property rights and publicity rights, or any Canadian or foreign law or regulation.
   • Personal information. For information on how KaseMe may collect, use and disclose personal information, please see KaseMe's Privacy Policy.
   • Content Provided by Other Users. Through the Services, you may use and/or access Content provided by other users. KaseMe cannot guarantee that such Content will be free of any material or information that you may find objectionable. KaseMe disclaims all liability related to your access to any Content.
   • In the event that you find that any Content violates any of the provisions of this Section 3, KaseMe invites you to file a complaint, which will be treated confidentially, by writing to . KaseMe will evaluate the merits of the complaint as soon as possible and may, at its sole discretion, decide whether or not to take action against such Content.
4. REWARD MEMBERSHIP
   • Account Creation. The participation in our reward membership requires the creation of a user account and profile. If you create an account, you must complete the registration process by providing current, complete, and accurate information as prompted by the registration form. You will also choose a unique and safe password. You may only create one account. Should you create multiple accounts, they will be immediately deactivated.
   • Responsibility for Account. You are solely responsible for maintaining the confidentiality of your password and account-related information. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify KaseMe immediately of any unauthorized use of your account or any other security breach.
   • Account Security. Although we are using reasonable security measures to protect your personal information, we cannot assure that unauthorized third parties will never be able to breach the Services’ security measures or make improper use of your personal information. Therefore, you acknowledge that you are providing your personal information at your own risk.
   • Liability for Account Misuse. We will not to be held liable for any loss, including the loss of data associated with your account, that you may incur as a result of someone else using your password or account, either with or without your consent. You could be held liable for losses incurred by KaseMe or another party resulting from someone other than you using your account or password.
   • Use of Other Accounts. You may not use anyone else's account at any time, unless with the permission of the account holder as her or his duly authorised mandatary.
   • Account Discontinuation. You may terminate or cancel your account on the Services for any reason, at your sole discretion and without notice.
   • Reward earning. By creating an account, you will be entitled to earn points and redeem them for exclusive discounts. For more information on our reward program, please see KaseMe’s Rewards section.
5. ELECTRONIC COMMUNICATIONS

When you provide KaseMe with your email address through the Services, you expressly agree that KaseMe will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you (i) to keep you informed of the status of your purchase (ii) to conduct surveys or verifications concerning the Services, in particular regarding its functionalities, its usability, and your appreciation of it (iii) to share with you information and news about KaseMe, or (iv) for any other reason relating to the Services or users’ security.

1. PAYMENT
   • Purchase of products. In order to purchase a product from the Services, you will need to provide KaseMe with payment method information. You must ensure that all the information you provide is accurate and up to date, failing which we, or our payment partner(s), reserve the right not to proceed with your purchase at our sole discretion. KaseMe reserves the right, in its sole and absolute discretion, to change the authorized methods of payment at any time, including, without limitation, bank account payment options and/or other acceptable payment methods.

KaseMe uses third party vendors ("Third Parties"), including Shopify, to process your payment. Payment processing will be subject to the terms of use and privacy policies of those Third Parties. In other words, in order to use our Services, you will need to agree to be bound by the terms of use of such Third Parties.

• Delivery of products. KaseMe will send the products ordered to the address provided on the Services; there will be no discount on the price due to the conditions of this delivery. For more information on shipping, please see KaseMe’s FAQ.

1. CONDITIONS OF REFUND AND EXCHANGE
   • Refund. All of our products are final sale. No refunds are offered by KaseMe on Services or products obtained.
   • KaseMe reserves the right, at its discretion, to exchange a model or design within 30 days of purchase if the product has not been used. This does not apply to personalized cases or chargers, which are not exchangeable or refundable. To exchange a product, please write us at info@kasemedesign.com. For more information, please see KaseMe’s Refund and Exchange Policy.
2. PRODUCTS AND SERVICES
   • Changes to Services and prices. The prices of our Services are subject to change without notice. KaseMe reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. KaseMe shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
   • Limitations and interruption. Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
     We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store. We cannot guarantee that your computer monitor's display of any color will be accurate. KaseMe reserves the right, but not the obligation, to limit sales of its products or Services to any person, geographic area or jurisdiction. KaseMe may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services offered by KaseMe. All product descriptions or product prices are subject to change at any time without notice, at KaseMe's sole discretion. KaseMe reserves the right to discontinue the sale of any product at any time. KaseMe may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, credit card, or orders using the same billing or shipping address.
   • KaseMe does not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected. You understand that the products provided as part of the Services will reproduce the files that you uploaded.

1. HYPERLINKS

The Services may contain hyperlinks to external Internet sites that remove you from the Services (the "External Sites"). You acknowledge and agree that KaseMe is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by KaseMe of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Services, you expressly release KaseMe from any liability arising from your use of any External Site.

1. NO WARRANTY

The Services are provided to you “as is” and “as available” without any warranties of any kind. To the fullest extent permitted by applicable law, KaseMe disclaims all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. KaseMe may update the Services without notice. Although KaseMe does everything in its power to ensure that the information presented on the Services is complete and accurate, KaseMe cannot guarantee that such information is free of errors, omissions and inaccuracies. KaseMe makes no warranty regarding the quality of any content consulted or obtained through the Services.

1. LIMITATION OF LIABILITY

You acknowledge and agree that you assume all risk arising from your access to or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, in no event shall KaseMe, its affiliates, directors, employees, agents, licensors or successors and assigns be liable for damages of any kind, including, but not limited to, (i) any damages caused in connection with the use of the Services, or (ii) loss of use, loss of profits or loss of data, whether in proceedings in contract or tort, or otherwise, arising directly or indirectly out of the use or performance of the Services, including any damage caused by or resulting from a user's reliance on any information obtained by the Services, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in performance

1. INDEMNISATION

By using the Services, you agree to defend, indemnify and hold harmless KaseMe and its officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, or your violation of these Terms or the rights of third parties. KaseMe may assume the exclusive defense and control of any matter for which you have agreed to indemnify KaseMe and you agree to assist and cooperate with KaseMe in the defense or settlement of any such matters.

1. TERMINATION
   • Termination by KaseMe. KaseMe may terminate or suspend your access to or use of the Services immediately, without notice or liability, for any reason, including breach of these Terms.
   • Termination by you. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.
   • Effect of Termination. Upon termination of your access or right to use the Services, your right to use or access the Services will immediately cease.
   • Survival of provisions. The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination, including the intellectual property provisions, absence of warranty, limitation of liability and indemnification. Termination of your access to and use of the Services does not relieve you of any obligations prior to termination and does not limit any liability you may have to KaseMe or any third party.
2. LITIGE
   • Complaint procedure. For any dispute arising out of or related to this agreement, you agree, in the first instance, to contact KaseMe to attempt to resolve the dispute informally. If KaseMe has not been able to resolve the dispute with you informally, each party agrees to resolve the dispute by first seeking mediation, in accordance with the provisions of Articles 605 et seq. of the Code of Civil Procedure of Quebec, unless mediation (i) is not initiated by either party within ten (10) days after the expiration of the time period specified in a notice of default sent by one party to the other, or (ii) has not reached an amicable settlement after twenty (20) days from the commencement of the mediation and thereafter, if the mediation has not resulted in an amicable settlement, binding arbitration, in Quebec City, Canada, unless you and KaseMe agree otherwise in accordance with the provisions of Articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable law prohibits referral to arbitration or restricts a consumer's right to appear in court.
   • Class action. Except in circumstances where applicable law prohibits restrictions on a Party's right to bring a class action, all claims must be brought by the Parties on their own behalf, and not as a claimant or class member, in any representative proceeding or in a class action and, unless the Parties agree otherwise, an arbitrator may not combine the claims of more than one person.
   • Nothing in this Section prevents the parties from obtaining interim relief or a safeguard order, such as an injunction or other equitable relief, from a court of competent jurisdiction before or during the arbitration proceedings.
3. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law provisions. Your conduct may also be subject to other local, national or state laws.

1. GENERAL
   • Entire Agreement. These Terms and the Privacy Policy supersede any prior agreements between you and KaseMe and constitute the entire agreement between you and KaseMe.
   • You cannot assign or transfer these Terms or any rights or obligations thereto.
   • KaseMes's failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right, remedy, power, or privilege. To be valid, a waiver must be in writing and must be signed by KaseMe. A written waiver of any default shall not be construed as a waiver of any other default or failure of the same nature that may occur in the future.
   • Invalidity or Unenforceability. In the event that one or many provisions of these Terms is declared invalid or unenforceable or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms. These Terms will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms. 

    

2. CUSTOM PHONE CASE DESIGNER POLICY
   

By utilizing our custom design tool to create a personalized phone case, you acknowledge and consent to the following terms:

1. Intellectual Property Rights: When uploading images, logos, text, or designs through our custom tool, it is imperative that you confirm these elements do not infringe upon the intellectual property rights of any third party. You affirm that you possess the legal right or necessary permissions to utilize and reproduce any content submitted.
2. Copyright Compliance: You bear the sole responsibility of ensuring that your custom design adheres to all copyright laws. Our company explicitly disclaims any liability for copyright infringements arising from the unauthorized or copyrighted materials used in your custom design.
3. Indemnification: You agree to indemnify and hold our company harmless from any claims, losses, or damages arising in connection with copyright infringement related to your custom design.
4. Monitoring and Removal: We retain the right to monitor and review custom designs for compliance with these terms. At our discretion, we may refuse to produce or sell any custom phone case that we believe might infringe upon the intellectual property rights of others.
5. Reporting Copyright Infringements: If you suspect that your intellectual property rights have been violated by a custom design, we encourage you to promptly contact us with pertinent details.
6. Modification of Terms: We reserve the right to modify or update these terms at any time. It is your responsibility to review and comprehend the current terms before utilizing our custom design tool.

By engaging with our custom design tool, you expressly agree to abide by these terms. Non-compliance may result in the refusal of service and legal action.

1. CONTACT US

KaseMe appreciates your comments, questions, and feedback, which may be sent to info@kasemedesign.com.