Condition of Use

Last updated: October 15, 2020

Welcome to www.pacifa.ca or www.ctranspacific.ca provide Web site features and other products and services to you when you visit or shop at www.pacifa.ca or www.ctranspacific.ca products or services, use www.pacifa.ca or www.ctranspacific.ca applications for mobile, or use the software provided by www.pacifa.ca or www.ctranspacific.ca in connection with any of the foregoing www.pacifa.ca or www.ctranspacific.ca provides the www.pacifa.ca or www.ctranspacific.ca Services subject to the following conditions.

By using www.pacifa.ca or www.ctranspacific.ca Services, you agree to these conditions. Please read them carefully.

We offer a wide range of www.pacifa.ca or www.ctranspacific.ca Services, and sometimes additional terms may apply. When you use an www.pacifa.ca or www.ctranspacific.ca Service, you will also be subject to the guidelines, terms and agreements applicable to that www.pacifa.ca or www.ctranspacific.ca Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. We offer a wide range of www.pacifa.ca or www.ctranspacific.ca Services, and sometimes additional terms may apply. When you use anwww.pacifa.ca or www.ctranspacific.ca Service (for example, Your Profile, Gift Cards, Your Media Library,www.pacifa.ca or www.ctranspacific.ca devices, or www.pacifa.ca or www.ctranspacific.ca, you will also be subject to the guidelines, terms and agreements applicable to that www.pacifa.ca or www.ctranspacific.ca Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of the www.pacifa.ca or www.ctranspacific.ca Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any www.pacifa.ca or www.ctranspacific.caService, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other www.pacifa.ca or www.ctranspacific.ca Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any www.pacifa.ca or www.ctranspacific.ca Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of www.pacifa.ca or www.ctranspacific.caor its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any www.pacifa.ca or www.ctranspacific.ca Service is the exclusive property of www.pacifa.ca or www.ctranspacific.ca and protected by Canadian and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any www.pacifa.ca or www.ctranspacific.ca Service are trademarks or trade dress of www.pacifa.ca or www.ctranspacific.ca, or its affiliates, in the United States and other countries. www.pacifa.ca or www.ctranspacific.ca, Inc.’s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not www.pacifa.ca or www.ctranspacific.cas or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.pacifa.ca or www.ctranspacific.ca All other trademarks not owned by www.pacifa.ca or www.ctranspacific.ca. or its affiliates that appear in any www.pacifa.ca or www.ctranspacific.caService are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.pacifa.ca or www.ctranspacific.ca, Inc. or its affiliates.

PATENTS

One or more patents owned by www.pacifa.ca or www.ctranspacific.ca apply to the www.pacifa.ca or www.ctranspacific.ca Services and to the features and services accessible via the www.pacifa.ca or www.ctranspacific.ca Services. Portions of the www.pacifa.ca or www.ctranspacific.caServices operate under licence of one or more patents. 

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, www.pacifa.ca or www.ctranspacific.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the www.pacifa.ca or www.ctranspacific.ca Services. This licence does not include any resale or commercial use of any www.pacifa.ca or www.ctranspacific.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any www.pacifa.ca or www.ctranspacific.ca Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by www.pacifa.ca or www.ctranspacific.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No www.pacifa.ca or www.ctranspacific.ca Service, nor any part of any www.pacifa.ca or www.ctranspacific.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of www.pacifa.ca or www.ctranspacific.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.pacifa.ca or www.ctranspacific.ca without express written consent. You may not use any meta tags or any other “hidden text” utilizing www.pacifa.ca or www.ctranspacific.ca s name or trademarks without the express written consent of www.pacifa.ca or www.ctranspacific.ca. You may not misuse the www.pacifa.ca or www.ctranspacific.ca Services. You may use the www.pacifa.ca or www.ctranspacific.ca Services only as permitted by law. The licences granted by www.pacifa.ca or www.ctranspacific.ca terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own www.pacifa.ca or www.ctranspacific.ca account to use certain www.pacifa.ca or www.ctranspacific.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. www.pacifa.ca or www.ctranspacific.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the www.pacifa.ca or www.ctranspacific.ca Services only with involvement of a parent or guardian. www.pacifa.ca or www.ctranspacific.ca reserves the right to refuse service, terminate accounts, terminate your rights to use www.pacifa.ca or www.ctranspacific.ca Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. www.pacifa.ca or www.ctranspacific.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant www.pacifa.ca or www.ctranspacific.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant www.pacifa.ca or www.ctranspacific.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.pacifa.ca or www.ctranspacific.ca for all claims resulting from content you supply. www.pacifa.ca or www.ctranspacific.ca has the right but not the obligation to monitor and edit or remove any activity or content. www.pacifa.ca or www.ctranspacific.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

www.pacifa.ca or www.ctranspacific.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

Risk of loss and title for items purchased from www.pacifa.ca or www.ctranspacific.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.

RETURNS, REFUNDS AND TITLE

www.pacifa.ca or www.ctranspacific.ca does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, www.pacifa.ca or www.ctranspacific.ca does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund. Details about the restocking fees and partial refunds can be found on our Refunds help page. For more information about our returns and refunds in general, please see our Online Returns Centre.

PRODUCT DESCRIPTIONS

www.pacifa.ca or www.ctranspacific.ca attempts to be as accurate as possible. However, www.pacifa.ca or www.ctranspacific.ca does not warrant that product descriptions or other content of any www.pacifa.ca or www.ctranspacific.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by www.pacifa.ca or www.ctranspacific.ca itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on www.pacifa.ca or www.ctranspacific.ca and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on www.pacifa.ca or www.ctranspacific.ca

With respect to items sold by www.pacifa.ca or www.ctranspacific.ca, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by www.pacifa.ca or www.ctranspacific.ca is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any www.pacifa.ca or www.ctranspacific.ca Service if you are the subject of U.S. sanctions or of sanctions consistent with Canada and U.S. law imposed by the governments of the country where you are usingwww.pacifa.ca or www.ctranspacific.ca Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

OTHER BUSINESSES

Parties other than www.pacifa.ca or www.ctranspacific.ca operate stores, provide services or software, or sell product lines through the www.pacifa.ca or www.ctranspacific.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from www.pacifa.ca or www.ctranspacific.ca. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). www.pacifa.ca or www.ctranspacific.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE www.pacifa.ca or www.ctranspacific.ca SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE www.pacifa.ca or www.ctranspacific.ca SERVICES ARE PROVIDED BY www.pacifa.ca or www.ctranspacific.ca ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. www.pacifa.ca or www.ctranspacific.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE www.pacifa.ca or www.ctranspacific.ca SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE www.pacifa.ca or www.ctranspacific.ca SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE www.pacifa.ca or www.ctranspacific.ca SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, Awww.pacifa.ca or www.ctranspacific.ca DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. www.pacifa.ca or www.ctranspacific.ca DOES NOT WARRANT THAT THE www.pacifa.ca or www.ctranspacific.ca SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE www.pacifa.ca or www.ctranspacific.ca SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM www.pacifa.ca or www.ctranspacific.ca ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, www.pacifa.ca or www.ctranspacific.ca WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY www.pacifa.ca or www.ctranspacific.ca SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY www.pacifa.ca or www.ctranspacific.ca SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of anywww.pacifa.ca or www.ctranspacific.caService, or to any products or services sold or distributed by www.pacifa.ca or www.ctranspacific.ca or through www.pacifa.ca or www.ctranspacific.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Canada and U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

(Not applicable to Quebec consumers) By using any www.pacifa.ca or www.ctranspacific.ca Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.pacifa.ca or www.ctranspacific.ca

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and www.pacifa.ca or www.ctranspacific.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

.

OUR ADDRESS

3120 DENIS PAPIN, MONTREAL, QUEBEC, H1Z 1W6 CANADA

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
TRANS-PACIFIC CENTER
3120 DENIS PAPIN
MONTREAL, QUEBEC
H1Z 1W6

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.