Terms of Sale
Terms of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, www.filmwraps.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.
1. Definitions and Interpretation
1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Contract”||means a contract for the purchase and sale of Services, as explained in Clause 7;|
|“Order”||means your order for the Services;|
|“Paid Content”||means the digital content sold by Us through Our Site;|
|“Subscription”||means a subscription to Our Site providing access to Paid Content;|
|“Subscription Confirmation”||means our acceptance and confirmation of your purchase of a Subscription;|
|“Subscription ID”||means the reference number for your Subscription; and|
2. Information About Us
Our Site, www.filmwraps.com, is owned and operated by North 1 Technologies Inc, a company incorporated in Canada, whose registered address is 11198 42 Street SE, Calgary, AB T2C 0J9.
3. Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
Consumers may only purchase Services through Our Site if they are at least 16 years of age.
5. Nature of the relationship
These Terms of Sale, together with any other terms referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
6. Services, Subscriptions, Paid Content, Pricing and Availability
- We offer could-based software solutions in respect of vehicle paint protection films. Our database constantly gets updated with new patterns and innovative solutions. All software and technical solutions are available online so you can produce the paint protection film the way you want.
- We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
- We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications may not be provided on Our Site.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed.
- The monthly fee will reflect the subscription package that you have signed up to and the previous months' plot fees. All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).
- In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 15 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract.
- Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
7. Orders – How Contracts Are Formed
- Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
- By paying for the Paid Content on our Website, you agree to an instant download of the Service that is being sold. Accordingly, you will not have a general right to refund. Please see clause 10, which sets out the manner in which you are able to claim a Refund.
- Once a payment has been made, a Subscription Confirmation will be sent and it shall contain the following information:
- Your Subscription ID;
- Confirmation of the Subscription ordered including full details of the main characteristics of those Services;
- Fully itemized pricing for the Services ordered including, where appropriate, taxes and other additional charges;
- Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your right to change your mind and cancel with a refund upon accessing the Paid Content as detailed below in Clause 10.
- One the payment has been processed the Service will be instantly downloadable from Our Website.
- If you change your Order, We will confirm all agreed changes.
- We may cancel your Order at any time before We begin providing the Services in the following circumstances:
- The required personnel and/or required materials necessary for the provision of the Services are not available; or
- An event outside of Our control continues for more than 14 days (please refer to Clause 16 for events outside of Our control).
- Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation.
- As at 1st June 2021, the subscription and plot fees are as follows:
- North America - package one: $39.95 per month; and $2.00 / per plot
- North America - package two: $59.95 per month; and $1.50 / per plot
- Australia/Asia/Europe - package one: $39.95 per month; and $0.26 / per SQF
- Australia/Asia/Europe - package two: $59.95 per month; and $0.18 / per SQF
- We accept the following methods of payment on Our Site:
- American Express
- If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. If you do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
- If you believe that We have charged you an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
9. Provision of Paid Content
- Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
- When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your right to cancel if you change your mind (the “cooling-off period”). Please see Clause 10 for more information.
- In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
- To fix technical problems or to make necessary minor technical changes;
- To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
- To make more significant changes to the Paid Content.
- If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
- We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 14 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
- Any refunds under this Clause 9 will be issued in the form of 'Miscut' credits to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs
10. Cancellations by You
- You may cancel the Subscription at any time by giving us notice via email, telephone or online chat.
- After you send a cancellation request, your right to use the Paid Content will immediately cease. You must delete any backups or extra copies of the Software as soon as the termination takes effect.
- The download process of the Software will be available as soon as you make the payment. So, please make sure you understand your legal rights before you download or stream Paid Content.
- Therefore, please make sure you understand what you will get as part of your order before you make the payment.
- Please read these terms and all the information in the course details before placing an order. In you are not sure what to expect, please email email@example.com before placing an order. You will not be able to cancel once the order has been placed.
11. Our Right to Cancel
- We may cancel the Services after We have begun providing them due to an event outside of Our control, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.
- In addition, in limited instances, we may Cancel your subscription and the availability of Paid content, without prior notice or liability, for any reason whatsoever, including, if you breach these Terms.
12. Problems with the Paid Content and Refunds
- We always use reasonable endeavors to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via firstname.lastname@example.org.
- Refunds for digital products or ‘plots’ are given in the form of 'Miscut' credits to your account. To obtain Miscut credits, you must to complete the 'Miscut Request Form’ and submit to email@example.com along with an explanation of error(s). Once your claim has been approved, usually within seven days of the original submission, we will grant you the Miscut credits. We recommend contacting us for assistance if you experience any issues.
- As set out in Clauses 7 and 9 above, given the instantaneous nature of Paid Content, there will no Refund on the monthly Subscription fee.
13. Our Liability
- We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
- Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of legal duty, or otherwise, shall be 50% of the total sums paid by you under the contract in question.
- When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
- The licence granted to you under sub-Clause 14.1 is subject to the following usage restrictions and/or permissions:
- You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public.
- You must agree to be bound by Our End User Licence Agreement. You will be prompted to read and agree to the Licence Agreement before you are able to use the Paid Content.
15. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
- If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- If the event outside of Our control continues for more than 30 days, We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which We inform you of the cancellation;
- If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
16. Communication and Contact Details
- If you wish to contact Us with general questions or complaints, you may contact Us by the following means
- By emailing firstname.lastname@example.org;
- By online chat on www.filmwraps.com;
- By telephoning +1 888 569 9727.
17. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavors to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- By email, addressed at email@example.com;
18. How We Use Your Personal Information (Data Protection)
19. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
- If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements
20. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Alberta, Canada.
OUR KITS, YOUR FILM
Our cloud-based platform means you can access your account from anywhere with an internet connection, giving you the ultimate flexibility to quote or prepare for the jobs ahead.
We are always pushing boundaries with technology by offering a solution nobody has done before, a cloud-based solution for your everyday needs.
Each pattern is handcrafted, personally tested and fitted multiple times with different films on every vehicle to ensure the perfect fit and maximum coverage.