Terms of Use
Contest Official Rules and Regulations (the “Official Rules”)
The “Quantum Canvas Contest” (the “Contest”) is open to all Canadian residents (excluding Quebec residents) who have reached the legal age of majority in their respective territory or province. The Contest is governed by Canadian, provincial, and municipal law. The Contest is sponsored and administered by Quantum Canvas Inc. (the “Sponsor”). The Contest is not open and void where prohibited by law.
Each Contest will have additional details posted to the Quantum Canvas Inc. Facebook Group (the “Contest Post”).
1. PROMOTION PERIOD
The Contest commences at 7 AM (MST) and will end at 7 PM (MST) on determined date stated on the Contest Post (the "Contest Period”). The sole determinant of time for the purposes of this Contest, including receipt of a valid entry, will be the Sponsor.
2. ELIGIBILITY
To enter and be eligible to win the Prize a person must be, at the time of entry into the Contest: (a) an individual legal resident of Canada (excluding the Province of Quebec), (b) located in Canada (excluding the Province of Quebec); and (c) be of the age of majority in their province or territory of residence. Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, its funders, partners, and provincial representatives, affiliated companies or agents, their respective advertising or promotional agencies, and prize suppliers (collectively, the “Contest Entities”) are not eligible to enter the Contest. For these Official Rules, "immediate family" means mother, father, sister, brother, son, daughter or spouse, including common law spouse, regardless of where they reside. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole and absolute discretion to disqualify any entrant, should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. All Entries must be submitted by the individual entrant and not by another person on the entrant’s behalf.
3. CONDITIONS OF ENTRY
By entering the Contest, entrants:
(i) agree to be bound by these Official Rules including all eligibility requirements;
(ii) agree to be bound by the Sponsor’s Privacy Policy (the “Privacy Policy”), available at https://www.quantumcanvas.ca/privacy-policy; and
(iii) agree to be bound by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules will be disqualified.
4. HOW TO ENTER
NO PURCHASE IS NECESSARY. To obtain an entry without completing an Eligible Purchase, a participant may send a free request, in writing, to 431B 41st Avenue NE PMB 2, Calgary, AB T2E 2N4, Attn: Quantum Canvas Inc. (“Free Entry Request”). The Free Entry Request must meet the following criteria:
(i) include the entrants first name, last name and email address;
(ii) clearly identifies a request for (1) entry into the Contest;
(iii) written on plain white paper;
(iv) mailed (in an envelope with sufficient Canadian Postage) to 431B 41st Avenue NE PMB 2, Calgary, AB T2E 2N4, and be received by the Sponsor within the Contest Period; and
(v) Each envelope containing a Free Entry Request can only contain a request for a maximum of (1) Free Entry per draw.
vi) Each free request must include 5 hand-drawn pieces of art drawn by you, as well as a handwritten essay on lined paper front and back detailing your favorite type of art.
The Sponsor is not responsible in any way for a Free Entry Request that is lost, damaged, stolen or that is failed to be delivered for any reason within the Contest Period, in the event of the occurrence of any of the foregoing circumstances, the Free Entry Request will be null and void.
Once all eligible products have been sold out for the promotional giveaway. The sponsor will make the sole decision on a cutoff time to submit entries. If there are any entries that not have been properly confirmed, the spot (s) with its corresponding number will be open and available to be purchased by any member. The spot number must be called in order to receive the spot at the said cutoff time. Any number selected before the cutoff time will be disqualified. Open spot numbers will be assigned in a first come first serve basis directly correlating to the order received by Facebook Inc. Spot numbers cannot be pre-called before the said cutoff time. Spot numbers must be called regardless of the style of giveaway for reopening of eligible spots. If the style of the giveaway is an “IN” style giveaway, the open spot numbers must still be called in numeric value. To further add to this, you cannot say IN to receive unconfirmed spot entries when they have become available. For giveaways that involve prizes of substantial value. The sponsor will allow up to 24 hours for the entrant to confirm their entries. For smaller value giveaways, the sponsor will set a predetermined cutoff period as soon as all eligible products have been filled. The sponsor is the sole determiner of the cutoff periods and contest run periods. A period of less than 24 hours for cutoff times will be applied for certain giveaways and the sponsor reserves this right. That being said, the sponsor will give ample amount of time and will notify entrants to submit their confirmation in a reasonable time frame.
Upon receipt of the Free Entry Request, and upon the Sponsor’s review and approval of the Free Entry Request (as determined in the sole discretion of the Sponsor), the Sponsor will send an email confirmation to the party named in the Free Entry Request that confirms they have been entered into the Contest (the “Free Entry”).
During the Contest Period, if any participant in the Contest purchases any one of the items listed in the Short Form Contest Rules (the “Eligible Products”), they will receive one (1) entry into the Contest per purchase (the “Paid Entry”), subject to the Entry Limit in Section 5.
Any entry form that is submitted that is not filled out completely may be disqualified at the sole and absolute discretion of the Sponsor. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including without limitation, any decisions regarding the eligibility/disqualification of entries.
For further clarity, there will be no differences between a Paid Entry and Free Entry in terms of chances to win, availability of prizes, or any other mechanism relating to the Contest other than the method in which the entry is granted.
Free Entries and Paid Entries will be referred to, collectively, as Entries or, individually, as an Entry.
5. LIMIT OF NUMBER OF ENTRIES
A person or organization may only request one (1) Free Entry per Free Entry Request and will only receive (1) Paid Entry per purchase of any one of the Eligible Products. There may be a limit of total Paid Entries depending on the availability of Eligible Products during the Contest Period, said limit will be stated on the Contest Post (the “Entry Limit”). All information provided by participants must be truthful, complete, accurate and in no way misleading. Any person who is found to have entered the Contest after the Contest Period or exceeded the Entry Limit will be disqualified (at the Sponsor’s sole discretion). The Sponsor reserves the right, in their sole discretion, to disqualify any entrant who at any stage, supplies untruthful, incomplete, inaccurate, or misleading information. Proof of transmission (screenshots or captures etc.) does not constitute proof of delivery. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries, all of which shall be void. All Entries become the property of the Sponsor upon receipt and none will be returned. Entries are subject to verification and will be declared invalid if they are forged, falsified, altered, or tampered with in any way.
6. PRIZE AND APPROXIMATE RETAIL VALUE
At the end of the Contest Period, the Sponsor will collect all legitimate Entries. The draw date is to take place within 24 hours after the Contest Period ends (the “Draw Date”) in Calgary, Alberta. The maximum number of prizes available to be won will be stated on the Contest Post. One eligible entrant will be selected by random draw (a “Draw”) from among all eligible Entries submitted and received during the Contest Period in accordance with these Official Rules and not otherwise disqualified by the Sponsor. The odds of winning depend on the number of eligible entries submitted and received during the Contest Period in accordance with these Official Rules.
The prizes will be described in detail and the retail value of each prize will be provided on the Contest Post (collectively, the “Prize”).
The following terms and conditions apply to the Prize:
(i) Prizes must be accepted as awarded without substitution (unless substitution is accepted at the sole discretion of the Sponsor) and are not transferable, assignable or convertible to cash;
(ii) In the event the Sponsor is unable to award the Prize or a component of the Prize as described for any reason, the Sponsor reserves the right to substitute the Prize or a component with another prize of equal or greater value, without liability;
(iii) The Prize is provided “as is” without further warranty, representation, condition, or guarantee, express or implied, of any kind. The Sponsor do not make any representation nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Sponsor should the Prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor if the Prize or a component thereof does not prove satisfactory, either in whole or in part;
(iv) Any difference between the actual value of a Prize and the Retail Value as described on the contest post will not be awarded; and
(v) The Prize may not be exactly as shown in promotional materials.
7. METHOD OF RANDOM DRAW
All eligible Entries received during the Contest Period will be assigned a corresponding number (individually the “Entrant Number”, and collectively for all eligible Entries the “Entrant Numbers”).
On the Draw Date, the following process will take place to determine the winner of the Prize:
(i) The Entrant Numbers will be entered into a randomizer (https://www.random.org/);
(ii) Two six-sided die will be rolled once, the total value on the two die which are rolled will be the amount of times that the Entrant Numbers are randomized (the “Random Sorting”);
(iii) The Random Sorting will then take place and will result in a list of Entries from 1 up to the total number of Entries (the “Final List”); and
(iv) The winner will be the Entrant Number which is listed first in the list of all Entrant Numbers after the Random Sorting has been completed (the “Unconfirmed Contest Winner”).
(this process is collectively, the “Draw Process”).
The Draw Process will be livestreamed on the Quantum Canvas Facebook Page via Facebook Live on the Draw Date.
8. WINNER NOTIFICATION
On the Draw Date, the Sponsor or their designated representative will make three (3) attempts to contact the Unconfirmed Contest Winner by email or Facebook Messenger (using the information provided at the time of entry) within the forty-eight (48) hours immediately following the Draw. If the Contest Winner cannot be contacted as indicated above within forty-eight (48) hours from the Draw Date; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize).
9. WINNER CONFIRMATION
BEFORE BEING DECLARED THE CONFIRMED CONTEST WINNER, the Unconfirmed Contest Winner will be required to:
(i) correctly answer a 3-step mathematical skill-testing question without mechanical or other aid (the “Skill-Testing Question”); and
(ii) sign and return the Sponsor’s Declaration of Compliance and Release of Liability Form (the “Form”) within seventy-two (72) hours of the Draw Date.
Once the Unconfirmed Contest Winner fulfills the requirements set out in section 9(i) and 9(ii), they will become the Confirmed Contest Winner. Within twenty-four (24) hours of becoming the Confirmed Contest Winner, the Sponsor will contact the Confirmed Contest Winner via email or Facebook Messenger to coordinate either: the Confirmed Contest Winner visiting the Sponsors’ office at 431B 41st Avenue NE
PMB 2 Calgary, AB T2E 2N4 to pick up the Prize; or shipping the Prize to the Confirmed Contest Winner. See Contest Short Form Rules for further details.
If the Unconfirmed Contest Winner:
(i) fails to correctly answer the Skill-Testing Question;
(ii) fails to return the properly executed Form within the specified time in section 9(ii);
(iii) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason;
(iv) is determined to be in violation of these Rules (all as determined by the Sponsor in their sole and absolute discretion); and/or
(v) fails to verify his or her identity as the entrant to the sole satisfaction of the Sponsor,
(vi) If the successful entrant is required to pickup at said location; they have a minimum of 30 days to collect their prize unless otherwise organized with either the sponsor or sponsors affilation contact.
then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize).
If the Unconfirmed Contest Winner or Confirmed Contest Winner is disqualified at any time prior to receiving the Prize, then the second name on the Final List will become the new Unconfirmed Contest Winner and the Prize awarding process in Section 8 and Section 9 will start again. This process will continue down the Final List until either an entrant receives the Prize, or there are no remaining entrants available on the Final List, whichever comes first.
10. GENERAL
The Sponsors and the Contest Entities do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of Entries information; (ii) updating the contact information listed on any of the Entries; (ii) Entries which fail to comply with the Official Rules; (iii) any loss, damage, or claims caused by the Prize or the Contest itself. Entry material/data that has been tampered with or altered are void.
The Sponsor reserves the right at any time, in its sole discretion, to administer an alternate or additional test of skill, in addition to the Skill-Testing Question as it deems appropriate based on the circumstances, to address discrimination or disability issues and/or to comply with applicable law. The first submission of an answer to the Skill-Testing Question will be the Unconfirmed Contest Winner’s final submission unless otherwise determined by the Sponsor, in their sole discretion.
The Sponsor assumes no responsibility for any failure or technical issue of the Website or of Facebook during the Contest Period. The Sponsor reserves the right to extend the Contest Period for any reason that is outside the control of the Sponsor, including but not limited to: technical issues or investigations into fraudulent entries.
The Sponsor reserves the right to modify or suspend the Contest due to any virus, glitch, site maintenance, tampering, unauthorized intervention, fraud, misrepresentation or any other cause that is beyond the reasonable control of the Sponsor that impacts the security or ability of the Sponsor to properly administer the Contest.
Entrants who choose to participate via a compatible mobile device are solely responsible for standard data use and service rates that apply, which vary according to the applicable mobile device package and mobile service provider (please contact your mobile service provider for details before participating in this Contest using a compatible mobile device).
The Sponsor is in no way associated with Facebook, Inc. or any of its affiliates or subsidiaries and the Contest is not endorsed, administered or associated with Facebook, Inc. or any of its affiliates or subsidiaries in any way.
11. MISCELLANEOUS
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor and or the Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law.
12. TERMINATION
The Sponsor reserves the right to terminate or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering, the Sponsor reserves the right to cancel the Contest and conduct the draws from all previously eligible entries received by the date of cancellation.
13. INCONSISTENCY
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: The Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
14. CONSENT TO USE PERSONAL INFORMATION
When you voluntarily choose to register to participate in the Contest, personal information which may include, but is not limited to e-mail address, first name, last name, city, province, postal code, and phone number (collectively "Registrant Information"), will be collected from you by the Sponsor. By submitting your Entry, you are automatically entering this Contest and consent and agree to the Sponsor collection and use of the Registrant Information to administer this Contest and in accordance with the Sponsor’s Privacy Policy.
Quantum Canvas Inc.
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Privacy Policy
Privacy Policy – Quantum Canvas Inc.
2021
Quantum Canvas Inc. (the “Corporation”) is committed to safeguarding the personal information entrusted to it by the users (“You” or the “User”) of our online website, services and promotional contests (collectively, the “Products”). This privacy policy (the “Policy”) is designed to prevent unauthorized use of Users’ personal information and is prepared in accordance with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Alberta’s Personal Information Protection Act (“PIPA”). At all times, the Corporation will balance the need to maintain the Users’ personal privacy with the need to collect, use, store and disclose personal information for legitimate business purposes.
This Policy applies to all Products that are now offered or may be offered from time to time. Unless otherwise stated, when new Products are introduced or current Products are amended, they will be subject to this Policy. This Policy may be updated from time to time. By continuing to use the Products for any purpose, it is understood that the User consents to the collection, use, storage and disclosure of their personal information in accordance with this Policy and that the User is greater of: (i) eighteen (18) years of age; or (ii) the age of majority in the jurisdiction in which they reside.
Personal Information Collected and How it is Used
Privacy legislation defines personal information as any information about an identifiable individual. When the User uses the Products, certain personal information is collected to identify, contact, and provide support to the User. Personal information which may be collected at the time of making a purchase using the Products includes, but is not limited to, the User’s: name, address, postal code, telephone number, email address, birth date, and credit card information.
Other miscellaneous information which may be collected at the time of using the Products includes Facebook Usernames, public Facebook profile information, and any information submitted to the Corporation when creating an account on any of the Products. You agree that the information You provide to the Corporation relating to any account creation or purchase on the Products is accurate, true and not fraudulent in anyway.
You are responsible for information which is associated with your account on the Products and the Corporation is not responsible for lost passwords or other User error relating to the use of the Products.
Information may also be collected directly from the device used to access the Products, including:
· Internet Protocol (IP) address of computer/phone accessing the Products;
· The types of operating systems and web browsers being used to access;
· The Internet Service Provider (ISP) that is used by the Users;
· Date and time information;
· Pages visited, length of stay on pages and webpage interaction information;
· Information searches; and
· Mobile device ID and manufacturer.
The information collected from the Users’ devices may be obtained using the following techniques:
· “Cookies” are data tiles that are placed on the Users’ devices or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
· “Log Files” track actions occurring on the Products, and collect data including the Users’ IP address, browser type, ISP, referring/exit pages, and date/time stamps.
· “Web beacons”, “tags”, and “Pixels” are electronic files used to record information about how Users use the Products.
Additionally, when a User makes a request or purchase through the Products, the Corporation may collect certain personal information including: the User’s name, billing address, payment information, and bank information. Information collected at the time of a request or financial information collected at the time the account is made are collected and used to fulfill the request, manage and maintain the request, screen the request for potential fraud and, when in line with preferences the User has shared with the Corporation, provide the User with information or advertising relating to the Products. As further outlined below, personal information may be stored with third parties and information obtained at the time of request may be transmitted to third party payment processing entities to process the request transaction. Personal information collected directly from the User’s device is generally used by the Corporation to optimize the Products for future visits and provide the User with additional features, improved functionality, and a better User experience.
The Corporation currently uses Stripe, Inc. (“Stripe”) as a third-party payment processor for the Products. When You make a purchase with the Corporation, You are also subject to Stripe’s various privacy policies and terms of use.
The Corporation currently uses Squarespace, Inc. (“Squarespace”) to host their online website. When You access the Corporation’s website, You are also subject to Squarespace’s various privacy policies and terms of use.
The Corporation may share your information with any companies affiliated with the Corporation, with third parties, including Stripe and Squarespace, who provide services to the Corporation or to You, or with other third parties for legitimate business purposes (including, but not limited to: password retrievals, marketing/promotions, shipping or returns, account settings, and shopping cart information) or as required to comply with legal obligations.
Consent to Collection
Upon a User creating an account with the Products or otherwise submitting their personal information to the Corporation, the User consents to the collection, use, storage and disclosure of their personal information in accordance with the terms of this Policy. If the Corporation wishes to use or disclose the User’s personal information for any purpose not set out in this Policy, the Corporation may ask for additional consent. The Users may withdraw any consent at any time by contacting the Corporation at: quantumcanvas6@gmail.com, unless withdrawal of such consent would frustrate the performance of a legal obligation on the part of the Corporation.
Protection of Personal Information
Security for all personal information is extremely important to the Corporation. The Corporation has implemented technical, administrative and physical security measures to protect the personal information of the Users from unauthorized access and improper use. The Corporation also protects the Users’ personal information offline. Security measures are regularly reviewed and updated when required.
Data Retention
The Corporation will retain the Users’ personal information for as long as it is reasonably required to achieve the purposes for which the information was obtained, as further detailed elsewhere in this Policy. When the Corporation determines that the information is no longer reasonably required for its business or legal purposes the Corporation will destroy the records containing the Users’ personal information or render the personal information non-identifying so that it can no longer be used to identify an individual.
Notification of Security Breaches
Should the Corporation become aware of any data breaches where there exists a real risk of significant harm to the individual whose information has been compromised, the Corporation will, as required by law, notify the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act, together with any impacted individuals, as soon as feasible after the breach, so that steps may be taken to reduce any potential harm.
Access to Information
Subject to the exceptions set out in PIPA, each User has a right to access their own personal information that has been collected and is under the Corporation’s control and to request a correction for any incorrect information. The User may make a request to access or correct their personal information by contacting the Corporation at the email address set out below. The User should provide sufficient information in their request to allow the Corporation to identify the information that is being requested and the reason why it has been requested.
General Information
If a User is unsure of the meaning of any part of this Policy or has any questions or complaints regarding this Policy, the User may contact the Corporation at: quantumcanvas6@gmail.com.
Refund Policy
Items that are won from Quantum Canvas Inc. or purchased through this website will have 30 days from time of purchase or from winning the item to return it. The item must be unused and returned in its original box/packaging with receipt. Quantum Canvas Inc. will not be accountable for shipping costs for returned items. Items will only be accepted for defective items or if item is in non-working order. Items will not be exchanged for cash or credit, they will only be exchanged for a replacement item granted it is deemed to be defective or in non working order. Please message one of the Admins of the page via Facebook messenger to start your refund. Thanks for playing on Relics
TERMS OF USE
PLEASE READ THE ENTIRETY OF DOCUMENT CAREFULLY
These Terms of Use (“Terms”) are an agreement between Quantum Canvas Inc. and their affiliates (collectively, “We”, or “Us”, or the “Corporation”) and you (“You” or “Your”). Read these Terms carefully as these Terms shall govern Your use of QuantumCanvas.ca, and any other media form, social media platform (including the Quantum Canvas Inc. Facebook Group), media channel, mobile website or mobile application related, linked, or otherwise connected thereto and the content, information and services provided through them (collectively, the “Sites”). Your use of the Sites constitutes Your agreement to follow and be bound by these Terms. If You do not agree to these Terms, do not use the Sites.
The Corporation may immediately, at its sole and unfettered discretion, terminate or modify these Terms and cease any access to the Sites at any time and for any reason. Notice and explanation are not required by the Corporation.
Use of the Sites
The Sites include but are not limited to an online retail store that sells various products and clothing, and facilitates promotional contests sponsored by the Corporation. The Corporation reserves the right to refuse or cancel any order or attempted purchase made by You through the Sites. The Corporation may also limit the amount or quantity of items purchased and may add or remove any items for sale at any time, in the Corporations sole discretion.
You agree not to copy the Sites, reverse engineer or break into any of the Sites. You undertake to not use the Sites for any illegal activities, including but not limited to, infringing or violating the rights of any other party. You agree to not exploit the Sites in any unauthorized way whatsoever.
We have made every effort to ensure that any items or services sold through the Sites are displayed as accurately as possible, but the Corporation cannot guarantee any items or services purchased by You through the Sites will be exactly as it is shown on the Sites.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, the Corporation has no obligation to update any information on our Sites. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Sites. You agree to be bound by these Terms in relation to any modification, price change, suspension, or discontinuance of the Sites.
The Corporation cannot guarantee the Sites will be available at all times, the Sites may experience hardware, software, hosting or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. The Corporation reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to You. You agree that the Corporation has no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Sites during any downtime or discontinuance of the Sites. Nothing in these Terms will be construed to obligate the Corporation to maintain and support the Sites or to supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the Sites that contains typographical errors, inaccuracies, or omissions (collectively, “Errors”) that may relate to the Sites, including descriptions, pricing, availability, and various other information. We reserve the right to correct any Errors and to change or update the information on the Sites at any time, without prior notice.
The Corporation further reserves the right to refuse a purchase or attempted purchase through the Sites if the Corporation determines, in their sole discretion, that the purchase was any in anyway impacted or modified by any Errors.
Intellectual Property Rights
Unless otherwise indicated, the Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada and the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided through the Sites “as is” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use the Sites, You are granted the limited license to access and use the Sites and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Sites, Content and the Marks.
Privacy
We care about data privacy and security. By agreeing to these Terms of Use, You acknowledge and agree to the Corporation’s Privacy Policy found here https://www.quantumcanvas.ca/privacy-policy. By using the Sites, You agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Sites are hosted in either Canada or the United States. If You access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada or the United States, then through Your continued use of the Sites, You are transferring Your data to Canada or the United States, and You expressly consent to have Your data transferred to and processed in Canada or the United States.
User Generated Contributions
The Corporation may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Sites and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby agree, represent and warrant that:
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites, and other users of the Sites to use Your Contributions in any manner contemplated by the Sites and these Terms;
c) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Sites and these Terms of Use;
d) Your Contributions are not false, inaccurate, or misleading;
e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us, in our absolute discretion);
g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
i) Your Contributions do not violate any applicable law, regulation, or rule;
j) Your Contributions do not violate the privacy or publicity rights of any third party;
k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
l) Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Sites, and criminal or civil remedies.
Contests, Sweepstakes and Promotions
Any contests or other promotions (collectively, "Promotions") made available by the Corporation and/or through the Sites may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
LIMITATION OF LIABILITY AND INDEMNITY
ANY ITEMS OR SERVICES SOLD THROUGH THE SITES ARE SOLD TO YOU ON AN “AS IS” BASIS. THE CORPORATION SPECIFICALLY DENIES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, OR IMPLIED, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CORPORATION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. THE CORPORATION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. ANY AND ALL RISKS ARISING OUT OF THE YOUR USE OF THE SITES, IS THE SOLE RESPONSIBILITY OF YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING SOFTWARE OR COMPUTER DAMAGE) RELATED TO OR IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITES OR USE OF ITEMS OR SERVICES PURCHASED THROUGH THE SITES, REGARDLESS OF WHETHER THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (“Losses”).
THE CORPORATION DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES, SOFTWARE GLITCHES OR OTHER HARMFUL COMPONENTS.
THE USE OF THE SITES MAY INVOLVE RISKS, DANGERS AND HAZARDS TO BOTH PERSON AND PROPERTY AND THE YOU HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, HOWSOEVER CAUSED. THE CORPORATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING TO YOU, YOUR PROPERTY OR TO ANY THIRD PARTY FOR ANY LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, AND CAUSES OF ACTIONS, COSTS AND EXPENSES (“CLAIMS”).
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF THE CORPORATION FOR ANY REASON AND UPON ANY CLAIM SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL MONIES PAID BY YOU TO THE CORPORATION FOR THE SPECIFIC USE OF THE SITES OR PURCHASE THROUGH THE SITES THAT RELATE TO THE CLAIMS OR LOSSES.
YOU HEREBY COVENANT AND AGREE TO INDEMNIFY AND SAVE HARMLESS THE CORPORATION, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, LOSSES, DAMAGES AND LIABILITIES, INCLUDING SOLICITORS’ FEES AND DISBURSEMENTS ON A SOLICITOR AND OWN CLIENT FULL-INDEMNITY BASIS, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE USE AND OPERATION OF THE SITES AND/OR THE ITEMS OR SERVICES PURCHASED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
ANY INJURY, DISABILITY OR DEATH OCCASIONED TO OR SUFFERED BY ANY PERSON, INCLUDING DAMAGE TO ANY PROPERTY ARISING FROM THE USE OF THE SITES OR THE USE OF ANY ITEMS OR SERVICES SOLD THROUGH THE SITES; AND
ANY DAMAGE OF ANY KIND OR NATURE WHATSOEVER OR HOWSOEVER ARISING TO THE PRODUCT IN CONNECTION WITH YOUR ACTIONS, INCLUDING ANY DAMAGE CAUSED BY OR CONTRIBUTED TO BY YOUR NEGLIGENCE.
Third-Party Websites and Content
The Sites may contain (or You may be sent via the Sites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and the Corporation is not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Corporation.
If You decide to leave the Sites and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware that the Third-Party Content is not governed by these Terms and is not subject to our Privacy Policy. You must review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content or websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third-Party Websites will be through other websites (and not as part of the Sites) and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You acknowledge and agree that the Corporation does not endorse the products or services offered on Third-Party Websites and covenant and agree to indemnify and hold us harmless from any harm caused by Your purchase or use of such products or services, including, without limitation, any Losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Dispute Resolution
To the extent permitted by the applicable law, in the event of any Losses, dispute, Claim, action or controversy that arises out of, or in connection with the Sites or these Terms (the “Dispute”), the parties (being the Corporation and You) agree to the following dispute resolution process: the party asserting the Dispute shall first try and settle the dispute through good faith negotiations with the other party by first providing notice to the other party by registered mail detailing the facts and any dollar value assigned to the Dispute (the “Notice of Dispute”). The party receiving the Notice of Dispute will then have 30 days in which to respond or settle the dispute. The Notice of Dispute shall be sent to:
(1) to the Corporation at: 431B 41st Avenue NE
PMB 2, Calgary, AB T2E 2N4
(2) to You at: Your last-used billing address used in relation to the Sites.
All information exchanged during this dispute resolution process or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by applicable law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
If the Dispute cannot be settled to the satisfaction of both parties within 30 days after the Dispute Notice is received, then the following arbitration process will apply.
The Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Alberta), which shall be triggered upon written notice by any party to the others based upon the following:
a) the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties, or in the event of failure to agree within ten (10) days following delivery of the written notice to arbitrate, any party may apply to a judge of the Court of Queen's Bench of Alberta to appoint an arbitrator. The arbitrator selected by the parties, or appointed pursuant to this section must be qualified by education and training and have such technical expertise, if any, as may be necessary or appropriate having regard to the matter in dispute;
b) the parties consent to the arbitration being conducted in Edmonton, Alberta;
c) where reasonably practicable, the parties shall endeavor to have the arbitrator convene a hearing within 30 days of being selected or appointed (at which hearing the parties shall present such evidence and witnesses as they may choose, with or without counsel), and to complete the arbitration and render an award within 60 days of such selection or appointment, unless the parties have agreed in writing to different time periods;
d) the arbitrator shall be mandated to conduct the arbitration in a cost-effective manner and on an expedited basis, so far as the subject matter of the dispute and a proper hearing and resolution will permit;
e) each party shall be responsible for its own costs incurred in conducting the arbitration, with the costs associated with the arbitrator and other costs of the arbitration shared equally between Owner and Contractor. Notwithstanding the foregoing, the arbitrator shall have the discretion to allocate all or any of the foregoing costs in a different manner;
f) except as expressly provided in this Agreement, any decision by the arbitrator shall be final and binding upon the parties, may be filed in any court of competent jurisdiction, and may be enforced by either party as a final judgment of such court as permitted by the governing law in the jurisdiction in which enforcement is sought;
g) all Disputes referred to arbitration (including without limitation any statute of limitations, conflict of laws rules, tort claims and interest claims) shall be governed by the substantive law of Alberta and the federal laws of Canada applicable therein;
h) the parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their counsel, and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise; and
i) if a separate Dispute subject to arbitration under this section arises and is pending concurrently with a related Dispute which is subject to arbitration, the parties consent to the consolidation of such arbitration proceedings before one arbitrator if such consolidation of proceedings is feasible.
To the maximum extent permitted by law, both You and the Corporation agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Amendments to the Terms
Access and use of the Sites by You shall be considered continuous agreement by You to be contractually bound and to act in accordance with these Terms, Policies and any amendments thereto. To the extent of any conflict between the Terms and any other agreements between the Corporation and You, the Terms contained herein shall prevail. The Corporation may, from time to time, implement or amend policies for specific Sites (the “Policies”) and such Policies are deemed to be a part of these Terms and binding upon You. The Corporation may, from time to time, amend these Terms and such amendments shall take effect and be binding upon the You from the date and time such amendments are made available to the You through the Sites.
GENERAL TERMS
Governing Law
These Terms and Your use of the Sites are governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and to be entirely performed within the Province of Alberta, without regard to its conflict of law principles.
Waiver
No provision of these Terms shall be deemed to be waived unless such waiver is in writing. Any waiver of any default committed by either You or the Corporation in the observance or the performance of any part of these Terms shall not extend to or be taken in any manner to affect any other default.
Entire Agreement
These Terms constitute the entire agreement between You and the Corporation concerning Your use of the Sites.
Unenforceable Terms
If any term, covenant or condition of these Terms or the application thereof to any party or circumstance shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of these Terms shall not be affected thereby and each remaining term, covenant and condition of these Terms shall be valid and shall be enforceable to the fullest extent permitted by applicable laws.
Contact us
For all inquiries regarding the Sites or to receive further information regarding use of the Site, please contact us at:
Quantum Canvas Inc.
quantumcanvas6@gmail.com
The “Quantum Canvas Contest” (the “Contest”) is open to all Canadian residents (excluding Quebec residents) who have reached the legal age of majority in their respective territory or province. The Contest is governed by Canadian, provincial, and municipal law. The Contest is sponsored and administered by Quantum Canvas Inc. (the “Sponsor”). The Contest is not open and void where prohibited by law.
Each Contest will have additional details posted to the Quantum Canvas Inc. Facebook Group (the “Contest Post”).
1. PROMOTION PERIOD
The Contest commences at 7 AM (MST) and will end at 7 PM (MST) on determined date stated on the Contest Post (the "Contest Period”). The sole determinant of time for the purposes of this Contest, including receipt of a valid entry, will be the Sponsor.
2. ELIGIBILITY
To enter and be eligible to win the Prize a person must be, at the time of entry into the Contest: (a) an individual legal resident of Canada (excluding the Province of Quebec), (b) located in Canada (excluding the Province of Quebec); and (c) be of the age of majority in their province or territory of residence. Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, its funders, partners, and provincial representatives, affiliated companies or agents, their respective advertising or promotional agencies, and prize suppliers (collectively, the “Contest Entities”) are not eligible to enter the Contest. For these Official Rules, "immediate family" means mother, father, sister, brother, son, daughter or spouse, including common law spouse, regardless of where they reside. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole and absolute discretion to disqualify any entrant, should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. All Entries must be submitted by the individual entrant and not by another person on the entrant’s behalf.
3. CONDITIONS OF ENTRY
By entering the Contest, entrants:
(i) agree to be bound by these Official Rules including all eligibility requirements;
(ii) agree to be bound by the Sponsor’s Privacy Policy (the “Privacy Policy”), available at https://www.quantumcanvas.ca/privacy-policy; and
(iii) agree to be bound by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules will be disqualified.
4. HOW TO ENTER
NO PURCHASE IS NECESSARY. To obtain an entry without completing an Eligible Purchase, a participant may send a free request, in writing, to 431B 41st Avenue NE PMB 2, Calgary, AB T2E 2N4, Attn: Quantum Canvas Inc. (“Free Entry Request”). The Free Entry Request must meet the following criteria:
(i) include the entrants first name, last name and email address;
(ii) clearly identifies a request for (1) entry into the Contest;
(iii) written on plain white paper;
(iv) mailed (in an envelope with sufficient Canadian Postage) to 431B 41st Avenue NE PMB 2, Calgary, AB T2E 2N4, and be received by the Sponsor within the Contest Period; and
(v) Each envelope containing a Free Entry Request can only contain a request for a maximum of (1) Free Entry per draw.
vi) Each free request must include 5 hand-drawn pieces of art drawn by you, as well as a handwritten essay on lined paper front and back detailing your favorite type of art.
The Sponsor is not responsible in any way for a Free Entry Request that is lost, damaged, stolen or that is failed to be delivered for any reason within the Contest Period, in the event of the occurrence of any of the foregoing circumstances, the Free Entry Request will be null and void.
Once all eligible products have been sold out for the promotional giveaway. The sponsor will make the sole decision on a cutoff time to submit entries. If there are any entries that not have been properly confirmed, the spot (s) with its corresponding number will be open and available to be purchased by any member. The spot number must be called in order to receive the spot at the said cutoff time. Any number selected before the cutoff time will be disqualified. Open spot numbers will be assigned in a first come first serve basis directly correlating to the order received by Facebook Inc. Spot numbers cannot be pre-called before the said cutoff time. Spot numbers must be called regardless of the style of giveaway for reopening of eligible spots. If the style of the giveaway is an “IN” style giveaway, the open spot numbers must still be called in numeric value. To further add to this, you cannot say IN to receive unconfirmed spot entries when they have become available. For giveaways that involve prizes of substantial value. The sponsor will allow up to 24 hours for the entrant to confirm their entries. For smaller value giveaways, the sponsor will set a predetermined cutoff period as soon as all eligible products have been filled. The sponsor is the sole determiner of the cutoff periods and contest run periods. A period of less than 24 hours for cutoff times will be applied for certain giveaways and the sponsor reserves this right. That being said, the sponsor will give ample amount of time and will notify entrants to submit their confirmation in a reasonable time frame.
Upon receipt of the Free Entry Request, and upon the Sponsor’s review and approval of the Free Entry Request (as determined in the sole discretion of the Sponsor), the Sponsor will send an email confirmation to the party named in the Free Entry Request that confirms they have been entered into the Contest (the “Free Entry”).
During the Contest Period, if any participant in the Contest purchases any one of the items listed in the Short Form Contest Rules (the “Eligible Products”), they will receive one (1) entry into the Contest per purchase (the “Paid Entry”), subject to the Entry Limit in Section 5.
Any entry form that is submitted that is not filled out completely may be disqualified at the sole and absolute discretion of the Sponsor. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including without limitation, any decisions regarding the eligibility/disqualification of entries.
For further clarity, there will be no differences between a Paid Entry and Free Entry in terms of chances to win, availability of prizes, or any other mechanism relating to the Contest other than the method in which the entry is granted.
Free Entries and Paid Entries will be referred to, collectively, as Entries or, individually, as an Entry.
5. LIMIT OF NUMBER OF ENTRIES
A person or organization may only request one (1) Free Entry per Free Entry Request and will only receive (1) Paid Entry per purchase of any one of the Eligible Products. There may be a limit of total Paid Entries depending on the availability of Eligible Products during the Contest Period, said limit will be stated on the Contest Post (the “Entry Limit”). All information provided by participants must be truthful, complete, accurate and in no way misleading. Any person who is found to have entered the Contest after the Contest Period or exceeded the Entry Limit will be disqualified (at the Sponsor’s sole discretion). The Sponsor reserves the right, in their sole discretion, to disqualify any entrant who at any stage, supplies untruthful, incomplete, inaccurate, or misleading information. Proof of transmission (screenshots or captures etc.) does not constitute proof of delivery. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries, all of which shall be void. All Entries become the property of the Sponsor upon receipt and none will be returned. Entries are subject to verification and will be declared invalid if they are forged, falsified, altered, or tampered with in any way.
6. PRIZE AND APPROXIMATE RETAIL VALUE
At the end of the Contest Period, the Sponsor will collect all legitimate Entries. The draw date is to take place within 24 hours after the Contest Period ends (the “Draw Date”) in Calgary, Alberta. The maximum number of prizes available to be won will be stated on the Contest Post. One eligible entrant will be selected by random draw (a “Draw”) from among all eligible Entries submitted and received during the Contest Period in accordance with these Official Rules and not otherwise disqualified by the Sponsor. The odds of winning depend on the number of eligible entries submitted and received during the Contest Period in accordance with these Official Rules.
The prizes will be described in detail and the retail value of each prize will be provided on the Contest Post (collectively, the “Prize”).
The following terms and conditions apply to the Prize:
(i) Prizes must be accepted as awarded without substitution (unless substitution is accepted at the sole discretion of the Sponsor) and are not transferable, assignable or convertible to cash;
(ii) In the event the Sponsor is unable to award the Prize or a component of the Prize as described for any reason, the Sponsor reserves the right to substitute the Prize or a component with another prize of equal or greater value, without liability;
(iii) The Prize is provided “as is” without further warranty, representation, condition, or guarantee, express or implied, of any kind. The Sponsor do not make any representation nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Sponsor should the Prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor if the Prize or a component thereof does not prove satisfactory, either in whole or in part;
(iv) Any difference between the actual value of a Prize and the Retail Value as described on the contest post will not be awarded; and
(v) The Prize may not be exactly as shown in promotional materials.
7. METHOD OF RANDOM DRAW
All eligible Entries received during the Contest Period will be assigned a corresponding number (individually the “Entrant Number”, and collectively for all eligible Entries the “Entrant Numbers”).
On the Draw Date, the following process will take place to determine the winner of the Prize:
(i) The Entrant Numbers will be entered into a randomizer (https://www.random.org/);
(ii) Two six-sided die will be rolled once, the total value on the two die which are rolled will be the amount of times that the Entrant Numbers are randomized (the “Random Sorting”);
(iii) The Random Sorting will then take place and will result in a list of Entries from 1 up to the total number of Entries (the “Final List”); and
(iv) The winner will be the Entrant Number which is listed first in the list of all Entrant Numbers after the Random Sorting has been completed (the “Unconfirmed Contest Winner”).
(this process is collectively, the “Draw Process”).
The Draw Process will be livestreamed on the Quantum Canvas Facebook Page via Facebook Live on the Draw Date.
8. WINNER NOTIFICATION
On the Draw Date, the Sponsor or their designated representative will make three (3) attempts to contact the Unconfirmed Contest Winner by email or Facebook Messenger (using the information provided at the time of entry) within the forty-eight (48) hours immediately following the Draw. If the Contest Winner cannot be contacted as indicated above within forty-eight (48) hours from the Draw Date; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize).
9. WINNER CONFIRMATION
BEFORE BEING DECLARED THE CONFIRMED CONTEST WINNER, the Unconfirmed Contest Winner will be required to:
(i) correctly answer a 3-step mathematical skill-testing question without mechanical or other aid (the “Skill-Testing Question”); and
(ii) sign and return the Sponsor’s Declaration of Compliance and Release of Liability Form (the “Form”) within seventy-two (72) hours of the Draw Date.
Once the Unconfirmed Contest Winner fulfills the requirements set out in section 9(i) and 9(ii), they will become the Confirmed Contest Winner. Within twenty-four (24) hours of becoming the Confirmed Contest Winner, the Sponsor will contact the Confirmed Contest Winner via email or Facebook Messenger to coordinate either: the Confirmed Contest Winner visiting the Sponsors’ office at 431B 41st Avenue NE
PMB 2 Calgary, AB T2E 2N4 to pick up the Prize; or shipping the Prize to the Confirmed Contest Winner. See Contest Short Form Rules for further details.
If the Unconfirmed Contest Winner:
(i) fails to correctly answer the Skill-Testing Question;
(ii) fails to return the properly executed Form within the specified time in section 9(ii);
(iii) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason;
(iv) is determined to be in violation of these Rules (all as determined by the Sponsor in their sole and absolute discretion); and/or
(v) fails to verify his or her identity as the entrant to the sole satisfaction of the Sponsor,
(vi) If the successful entrant is required to pickup at said location; they have a minimum of 30 days to collect their prize unless otherwise organized with either the sponsor or sponsors affilation contact.
then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize).
If the Unconfirmed Contest Winner or Confirmed Contest Winner is disqualified at any time prior to receiving the Prize, then the second name on the Final List will become the new Unconfirmed Contest Winner and the Prize awarding process in Section 8 and Section 9 will start again. This process will continue down the Final List until either an entrant receives the Prize, or there are no remaining entrants available on the Final List, whichever comes first.
10. GENERAL
The Sponsors and the Contest Entities do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of Entries information; (ii) updating the contact information listed on any of the Entries; (ii) Entries which fail to comply with the Official Rules; (iii) any loss, damage, or claims caused by the Prize or the Contest itself. Entry material/data that has been tampered with or altered are void.
The Sponsor reserves the right at any time, in its sole discretion, to administer an alternate or additional test of skill, in addition to the Skill-Testing Question as it deems appropriate based on the circumstances, to address discrimination or disability issues and/or to comply with applicable law. The first submission of an answer to the Skill-Testing Question will be the Unconfirmed Contest Winner’s final submission unless otherwise determined by the Sponsor, in their sole discretion.
The Sponsor assumes no responsibility for any failure or technical issue of the Website or of Facebook during the Contest Period. The Sponsor reserves the right to extend the Contest Period for any reason that is outside the control of the Sponsor, including but not limited to: technical issues or investigations into fraudulent entries.
The Sponsor reserves the right to modify or suspend the Contest due to any virus, glitch, site maintenance, tampering, unauthorized intervention, fraud, misrepresentation or any other cause that is beyond the reasonable control of the Sponsor that impacts the security or ability of the Sponsor to properly administer the Contest.
Entrants who choose to participate via a compatible mobile device are solely responsible for standard data use and service rates that apply, which vary according to the applicable mobile device package and mobile service provider (please contact your mobile service provider for details before participating in this Contest using a compatible mobile device).
The Sponsor is in no way associated with Facebook, Inc. or any of its affiliates or subsidiaries and the Contest is not endorsed, administered or associated with Facebook, Inc. or any of its affiliates or subsidiaries in any way.
11. MISCELLANEOUS
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor and or the Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law.
12. TERMINATION
The Sponsor reserves the right to terminate or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering, the Sponsor reserves the right to cancel the Contest and conduct the draws from all previously eligible entries received by the date of cancellation.
13. INCONSISTENCY
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: The Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
14. CONSENT TO USE PERSONAL INFORMATION
When you voluntarily choose to register to participate in the Contest, personal information which may include, but is not limited to e-mail address, first name, last name, city, province, postal code, and phone number (collectively "Registrant Information"), will be collected from you by the Sponsor. By submitting your Entry, you are automatically entering this Contest and consent and agree to the Sponsor collection and use of the Registrant Information to administer this Contest and in accordance with the Sponsor’s Privacy Policy.
Quantum Canvas Inc.
Copyright © 2024 Quantum Canvas Inc.
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Privacy Policy
Privacy Policy – Quantum Canvas Inc.
2021
Quantum Canvas Inc. (the “Corporation”) is committed to safeguarding the personal information entrusted to it by the users (“You” or the “User”) of our online website, services and promotional contests (collectively, the “Products”). This privacy policy (the “Policy”) is designed to prevent unauthorized use of Users’ personal information and is prepared in accordance with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Alberta’s Personal Information Protection Act (“PIPA”). At all times, the Corporation will balance the need to maintain the Users’ personal privacy with the need to collect, use, store and disclose personal information for legitimate business purposes.
This Policy applies to all Products that are now offered or may be offered from time to time. Unless otherwise stated, when new Products are introduced or current Products are amended, they will be subject to this Policy. This Policy may be updated from time to time. By continuing to use the Products for any purpose, it is understood that the User consents to the collection, use, storage and disclosure of their personal information in accordance with this Policy and that the User is greater of: (i) eighteen (18) years of age; or (ii) the age of majority in the jurisdiction in which they reside.
Personal Information Collected and How it is Used
Privacy legislation defines personal information as any information about an identifiable individual. When the User uses the Products, certain personal information is collected to identify, contact, and provide support to the User. Personal information which may be collected at the time of making a purchase using the Products includes, but is not limited to, the User’s: name, address, postal code, telephone number, email address, birth date, and credit card information.
Other miscellaneous information which may be collected at the time of using the Products includes Facebook Usernames, public Facebook profile information, and any information submitted to the Corporation when creating an account on any of the Products. You agree that the information You provide to the Corporation relating to any account creation or purchase on the Products is accurate, true and not fraudulent in anyway.
You are responsible for information which is associated with your account on the Products and the Corporation is not responsible for lost passwords or other User error relating to the use of the Products.
Information may also be collected directly from the device used to access the Products, including:
· Internet Protocol (IP) address of computer/phone accessing the Products;
· The types of operating systems and web browsers being used to access;
· The Internet Service Provider (ISP) that is used by the Users;
· Date and time information;
· Pages visited, length of stay on pages and webpage interaction information;
· Information searches; and
· Mobile device ID and manufacturer.
The information collected from the Users’ devices may be obtained using the following techniques:
· “Cookies” are data tiles that are placed on the Users’ devices or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
· “Log Files” track actions occurring on the Products, and collect data including the Users’ IP address, browser type, ISP, referring/exit pages, and date/time stamps.
· “Web beacons”, “tags”, and “Pixels” are electronic files used to record information about how Users use the Products.
Additionally, when a User makes a request or purchase through the Products, the Corporation may collect certain personal information including: the User’s name, billing address, payment information, and bank information. Information collected at the time of a request or financial information collected at the time the account is made are collected and used to fulfill the request, manage and maintain the request, screen the request for potential fraud and, when in line with preferences the User has shared with the Corporation, provide the User with information or advertising relating to the Products. As further outlined below, personal information may be stored with third parties and information obtained at the time of request may be transmitted to third party payment processing entities to process the request transaction. Personal information collected directly from the User’s device is generally used by the Corporation to optimize the Products for future visits and provide the User with additional features, improved functionality, and a better User experience.
The Corporation currently uses Stripe, Inc. (“Stripe”) as a third-party payment processor for the Products. When You make a purchase with the Corporation, You are also subject to Stripe’s various privacy policies and terms of use.
The Corporation currently uses Squarespace, Inc. (“Squarespace”) to host their online website. When You access the Corporation’s website, You are also subject to Squarespace’s various privacy policies and terms of use.
The Corporation may share your information with any companies affiliated with the Corporation, with third parties, including Stripe and Squarespace, who provide services to the Corporation or to You, or with other third parties for legitimate business purposes (including, but not limited to: password retrievals, marketing/promotions, shipping or returns, account settings, and shopping cart information) or as required to comply with legal obligations.
Consent to Collection
Upon a User creating an account with the Products or otherwise submitting their personal information to the Corporation, the User consents to the collection, use, storage and disclosure of their personal information in accordance with the terms of this Policy. If the Corporation wishes to use or disclose the User’s personal information for any purpose not set out in this Policy, the Corporation may ask for additional consent. The Users may withdraw any consent at any time by contacting the Corporation at: quantumcanvas6@gmail.com, unless withdrawal of such consent would frustrate the performance of a legal obligation on the part of the Corporation.
Protection of Personal Information
Security for all personal information is extremely important to the Corporation. The Corporation has implemented technical, administrative and physical security measures to protect the personal information of the Users from unauthorized access and improper use. The Corporation also protects the Users’ personal information offline. Security measures are regularly reviewed and updated when required.
Data Retention
The Corporation will retain the Users’ personal information for as long as it is reasonably required to achieve the purposes for which the information was obtained, as further detailed elsewhere in this Policy. When the Corporation determines that the information is no longer reasonably required for its business or legal purposes the Corporation will destroy the records containing the Users’ personal information or render the personal information non-identifying so that it can no longer be used to identify an individual.
Notification of Security Breaches
Should the Corporation become aware of any data breaches where there exists a real risk of significant harm to the individual whose information has been compromised, the Corporation will, as required by law, notify the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act, together with any impacted individuals, as soon as feasible after the breach, so that steps may be taken to reduce any potential harm.
Access to Information
Subject to the exceptions set out in PIPA, each User has a right to access their own personal information that has been collected and is under the Corporation’s control and to request a correction for any incorrect information. The User may make a request to access or correct their personal information by contacting the Corporation at the email address set out below. The User should provide sufficient information in their request to allow the Corporation to identify the information that is being requested and the reason why it has been requested.
General Information
If a User is unsure of the meaning of any part of this Policy or has any questions or complaints regarding this Policy, the User may contact the Corporation at: quantumcanvas6@gmail.com.
Refund Policy
Items that are won from Quantum Canvas Inc. or purchased through this website will have 30 days from time of purchase or from winning the item to return it. The item must be unused and returned in its original box/packaging with receipt. Quantum Canvas Inc. will not be accountable for shipping costs for returned items. Items will only be accepted for defective items or if item is in non-working order. Items will not be exchanged for cash or credit, they will only be exchanged for a replacement item granted it is deemed to be defective or in non working order. Please message one of the Admins of the page via Facebook messenger to start your refund. Thanks for playing on Relics
TERMS OF USE
PLEASE READ THE ENTIRETY OF DOCUMENT CAREFULLY
These Terms of Use (“Terms”) are an agreement between Quantum Canvas Inc. and their affiliates (collectively, “We”, or “Us”, or the “Corporation”) and you (“You” or “Your”). Read these Terms carefully as these Terms shall govern Your use of QuantumCanvas.ca, and any other media form, social media platform (including the Quantum Canvas Inc. Facebook Group), media channel, mobile website or mobile application related, linked, or otherwise connected thereto and the content, information and services provided through them (collectively, the “Sites”). Your use of the Sites constitutes Your agreement to follow and be bound by these Terms. If You do not agree to these Terms, do not use the Sites.
The Corporation may immediately, at its sole and unfettered discretion, terminate or modify these Terms and cease any access to the Sites at any time and for any reason. Notice and explanation are not required by the Corporation.
Use of the Sites
The Sites include but are not limited to an online retail store that sells various products and clothing, and facilitates promotional contests sponsored by the Corporation. The Corporation reserves the right to refuse or cancel any order or attempted purchase made by You through the Sites. The Corporation may also limit the amount or quantity of items purchased and may add or remove any items for sale at any time, in the Corporations sole discretion.
You agree not to copy the Sites, reverse engineer or break into any of the Sites. You undertake to not use the Sites for any illegal activities, including but not limited to, infringing or violating the rights of any other party. You agree to not exploit the Sites in any unauthorized way whatsoever.
We have made every effort to ensure that any items or services sold through the Sites are displayed as accurately as possible, but the Corporation cannot guarantee any items or services purchased by You through the Sites will be exactly as it is shown on the Sites.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, the Corporation has no obligation to update any information on our Sites. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Sites. You agree to be bound by these Terms in relation to any modification, price change, suspension, or discontinuance of the Sites.
The Corporation cannot guarantee the Sites will be available at all times, the Sites may experience hardware, software, hosting or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. The Corporation reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to You. You agree that the Corporation has no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Sites during any downtime or discontinuance of the Sites. Nothing in these Terms will be construed to obligate the Corporation to maintain and support the Sites or to supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the Sites that contains typographical errors, inaccuracies, or omissions (collectively, “Errors”) that may relate to the Sites, including descriptions, pricing, availability, and various other information. We reserve the right to correct any Errors and to change or update the information on the Sites at any time, without prior notice.
The Corporation further reserves the right to refuse a purchase or attempted purchase through the Sites if the Corporation determines, in their sole discretion, that the purchase was any in anyway impacted or modified by any Errors.
Intellectual Property Rights
Unless otherwise indicated, the Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada and the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided through the Sites “as is” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use the Sites, You are granted the limited license to access and use the Sites and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Sites, Content and the Marks.
Privacy
We care about data privacy and security. By agreeing to these Terms of Use, You acknowledge and agree to the Corporation’s Privacy Policy found here https://www.quantumcanvas.ca/privacy-policy. By using the Sites, You agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Sites are hosted in either Canada or the United States. If You access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada or the United States, then through Your continued use of the Sites, You are transferring Your data to Canada or the United States, and You expressly consent to have Your data transferred to and processed in Canada or the United States.
User Generated Contributions
The Corporation may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Sites and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby agree, represent and warrant that:
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites, and other users of the Sites to use Your Contributions in any manner contemplated by the Sites and these Terms;
c) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Sites and these Terms of Use;
d) Your Contributions are not false, inaccurate, or misleading;
e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us, in our absolute discretion);
g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
i) Your Contributions do not violate any applicable law, regulation, or rule;
j) Your Contributions do not violate the privacy or publicity rights of any third party;
k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
l) Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Sites, and criminal or civil remedies.
Contests, Sweepstakes and Promotions
Any contests or other promotions (collectively, "Promotions") made available by the Corporation and/or through the Sites may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
LIMITATION OF LIABILITY AND INDEMNITY
ANY ITEMS OR SERVICES SOLD THROUGH THE SITES ARE SOLD TO YOU ON AN “AS IS” BASIS. THE CORPORATION SPECIFICALLY DENIES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, OR IMPLIED, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CORPORATION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. THE CORPORATION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. ANY AND ALL RISKS ARISING OUT OF THE YOUR USE OF THE SITES, IS THE SOLE RESPONSIBILITY OF YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING SOFTWARE OR COMPUTER DAMAGE) RELATED TO OR IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITES OR USE OF ITEMS OR SERVICES PURCHASED THROUGH THE SITES, REGARDLESS OF WHETHER THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (“Losses”).
THE CORPORATION DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES, SOFTWARE GLITCHES OR OTHER HARMFUL COMPONENTS.
THE USE OF THE SITES MAY INVOLVE RISKS, DANGERS AND HAZARDS TO BOTH PERSON AND PROPERTY AND THE YOU HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, HOWSOEVER CAUSED. THE CORPORATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING TO YOU, YOUR PROPERTY OR TO ANY THIRD PARTY FOR ANY LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, AND CAUSES OF ACTIONS, COSTS AND EXPENSES (“CLAIMS”).
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF THE CORPORATION FOR ANY REASON AND UPON ANY CLAIM SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL MONIES PAID BY YOU TO THE CORPORATION FOR THE SPECIFIC USE OF THE SITES OR PURCHASE THROUGH THE SITES THAT RELATE TO THE CLAIMS OR LOSSES.
YOU HEREBY COVENANT AND AGREE TO INDEMNIFY AND SAVE HARMLESS THE CORPORATION, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, LOSSES, DAMAGES AND LIABILITIES, INCLUDING SOLICITORS’ FEES AND DISBURSEMENTS ON A SOLICITOR AND OWN CLIENT FULL-INDEMNITY BASIS, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE USE AND OPERATION OF THE SITES AND/OR THE ITEMS OR SERVICES PURCHASED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
ANY INJURY, DISABILITY OR DEATH OCCASIONED TO OR SUFFERED BY ANY PERSON, INCLUDING DAMAGE TO ANY PROPERTY ARISING FROM THE USE OF THE SITES OR THE USE OF ANY ITEMS OR SERVICES SOLD THROUGH THE SITES; AND
ANY DAMAGE OF ANY KIND OR NATURE WHATSOEVER OR HOWSOEVER ARISING TO THE PRODUCT IN CONNECTION WITH YOUR ACTIONS, INCLUDING ANY DAMAGE CAUSED BY OR CONTRIBUTED TO BY YOUR NEGLIGENCE.
Third-Party Websites and Content
The Sites may contain (or You may be sent via the Sites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and the Corporation is not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Corporation.
If You decide to leave the Sites and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware that the Third-Party Content is not governed by these Terms and is not subject to our Privacy Policy. You must review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content or websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third-Party Websites will be through other websites (and not as part of the Sites) and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You acknowledge and agree that the Corporation does not endorse the products or services offered on Third-Party Websites and covenant and agree to indemnify and hold us harmless from any harm caused by Your purchase or use of such products or services, including, without limitation, any Losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Dispute Resolution
To the extent permitted by the applicable law, in the event of any Losses, dispute, Claim, action or controversy that arises out of, or in connection with the Sites or these Terms (the “Dispute”), the parties (being the Corporation and You) agree to the following dispute resolution process: the party asserting the Dispute shall first try and settle the dispute through good faith negotiations with the other party by first providing notice to the other party by registered mail detailing the facts and any dollar value assigned to the Dispute (the “Notice of Dispute”). The party receiving the Notice of Dispute will then have 30 days in which to respond or settle the dispute. The Notice of Dispute shall be sent to:
(1) to the Corporation at: 431B 41st Avenue NE
PMB 2, Calgary, AB T2E 2N4
(2) to You at: Your last-used billing address used in relation to the Sites.
All information exchanged during this dispute resolution process or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by applicable law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
If the Dispute cannot be settled to the satisfaction of both parties within 30 days after the Dispute Notice is received, then the following arbitration process will apply.
The Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Alberta), which shall be triggered upon written notice by any party to the others based upon the following:
a) the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties, or in the event of failure to agree within ten (10) days following delivery of the written notice to arbitrate, any party may apply to a judge of the Court of Queen's Bench of Alberta to appoint an arbitrator. The arbitrator selected by the parties, or appointed pursuant to this section must be qualified by education and training and have such technical expertise, if any, as may be necessary or appropriate having regard to the matter in dispute;
b) the parties consent to the arbitration being conducted in Edmonton, Alberta;
c) where reasonably practicable, the parties shall endeavor to have the arbitrator convene a hearing within 30 days of being selected or appointed (at which hearing the parties shall present such evidence and witnesses as they may choose, with or without counsel), and to complete the arbitration and render an award within 60 days of such selection or appointment, unless the parties have agreed in writing to different time periods;
d) the arbitrator shall be mandated to conduct the arbitration in a cost-effective manner and on an expedited basis, so far as the subject matter of the dispute and a proper hearing and resolution will permit;
e) each party shall be responsible for its own costs incurred in conducting the arbitration, with the costs associated with the arbitrator and other costs of the arbitration shared equally between Owner and Contractor. Notwithstanding the foregoing, the arbitrator shall have the discretion to allocate all or any of the foregoing costs in a different manner;
f) except as expressly provided in this Agreement, any decision by the arbitrator shall be final and binding upon the parties, may be filed in any court of competent jurisdiction, and may be enforced by either party as a final judgment of such court as permitted by the governing law in the jurisdiction in which enforcement is sought;
g) all Disputes referred to arbitration (including without limitation any statute of limitations, conflict of laws rules, tort claims and interest claims) shall be governed by the substantive law of Alberta and the federal laws of Canada applicable therein;
h) the parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their counsel, and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise; and
i) if a separate Dispute subject to arbitration under this section arises and is pending concurrently with a related Dispute which is subject to arbitration, the parties consent to the consolidation of such arbitration proceedings before one arbitrator if such consolidation of proceedings is feasible.
To the maximum extent permitted by law, both You and the Corporation agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Amendments to the Terms
Access and use of the Sites by You shall be considered continuous agreement by You to be contractually bound and to act in accordance with these Terms, Policies and any amendments thereto. To the extent of any conflict between the Terms and any other agreements between the Corporation and You, the Terms contained herein shall prevail. The Corporation may, from time to time, implement or amend policies for specific Sites (the “Policies”) and such Policies are deemed to be a part of these Terms and binding upon You. The Corporation may, from time to time, amend these Terms and such amendments shall take effect and be binding upon the You from the date and time such amendments are made available to the You through the Sites.
GENERAL TERMS
Governing Law
These Terms and Your use of the Sites are governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and to be entirely performed within the Province of Alberta, without regard to its conflict of law principles.
Waiver
No provision of these Terms shall be deemed to be waived unless such waiver is in writing. Any waiver of any default committed by either You or the Corporation in the observance or the performance of any part of these Terms shall not extend to or be taken in any manner to affect any other default.
Entire Agreement
These Terms constitute the entire agreement between You and the Corporation concerning Your use of the Sites.
Unenforceable Terms
If any term, covenant or condition of these Terms or the application thereof to any party or circumstance shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of these Terms shall not be affected thereby and each remaining term, covenant and condition of these Terms shall be valid and shall be enforceable to the fullest extent permitted by applicable laws.
Contact us
For all inquiries regarding the Sites or to receive further information regarding use of the Site, please contact us at:
Quantum Canvas Inc.
quantumcanvas6@gmail.com