of use for annex Photo
Please read the ANNEX PHOTO (“ANNEX PHOTO”) terms and conditions below that govern your use of this www.annexphoto.ca web site (the “site”) and any goods or services provided through or in connection with the site (collectively, the “service”). These terms and conditions exempts ANNEX PHOTO and others from liability and/or limits their liability, and it contains other important provisions that you should read. Each time that you use the service or site, you acknowledge and signify that you have read, understood, and agree to be bound by these terms and conditions, our privacy statement, and applicable laws. If you do not agree to be bound by each provision of these terms and conditions each time that you use the service, you may not use the service.
These terms and conditions governs your use of the Site and any Materials that you may use or allow others to use in connection with the Site and Service. For purposes of these Terms and Conditions, “Materials” includes user IDs, e-mail addresses, passwords, comments, images, metadata, graphics, video, text, data and any other information that you submit to ANNEX PHOTO, regardless of whether such information is posted publicly or with password protection.
ANNEX PHOTO may, in its sole discretion, alter, supplement or amend these Terms and Conditions from time to time. Such changes shall not apply to any orders for photo prints or other photofinishing products available for purchase on the Site (the “Products”) that you have already placed via the Site, however, they will apply to any future orders. Accordingly, please review these Terms and Conditions each time you place a new order for Products. If you do not agree to a change, you should cease using the Services. You may also feel free to delete your account on this Site
The Service may be used only by individuals residing in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. You must be the age of majority in your province or territory to open an Site account, purchase any Products and/or to enter any contests or sweepstakes promoted on this Site (unless otherwise specified in the applicable official contests and/or sweepstakes rules). The Service may not be used by individuals who have had their Site account terminated, nor may it be used by individuals in jurisdictions where the Service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. ANNEX PHOTO reserves the right to limit the availability of the Service and/or the provision of any service, program, feature, film, media, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, feature, film, media, or other product that ANNEX PHOTO provides. VOID WHERE PROHIBITED.
Product pricing shall change from time to time, and such pricing changes may occur without notice. The Product prices displayed on the Site do not include any delivery charges or applicable taxes. Delivery charges and applicable taxes will be provided to you on the checkout page prior to your placing an order.
If you order goods or services for which the price was incorrectly displayed at the time of your order, ANNEX PHOTO will provide you with an opportunity to cancel your order. If you order goods or services that are not available, ANNEX PHOTO will notify you by e-mail or telephone. ANNEX PHOTO reserves the right to limit quantities licensed or sold.
While ANNEX PHOTO tries to ensure that it has sufficient quantities of raw materials to fulfill customer demand, ANNEX PHOTO cannot guarantee that goods or services advertised on the Site will always be available when ordered or thereafter. ANNEX PHOTO reserves the right to reject, correct, cancel or terminate any order in the event of a lack of availability.
The Site may display advertisements or promotional offers and/or prices in connection with the Products and Service, including on the pages that display Materials you post or submit to the Service. The manner, mode and extent of the advertising or promotion will be determined by ANNEX PHOTO in its sole discretion, and is subject to change at any time without notice or liability to you or to any other person.
The promotions on the Site are invitations for purchase orders, and are not offers to sell. Your properly-completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Site sends an order acceptance and shipping notice e-mail to your e-mail address.
All fees and charges will be at the rates in effect at the time the charges were incurred. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service and any use of the Service by any person using your user ID or password. All amounts appearing on the Site are quoted in Canadian dollars.
When you place an order for a Product on the Website, you permit ANNEX PHOTO to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes). If a credit card does not clear, the order is not generated. We do not hold credit card information (though such information may be held by our third party payment processor, Paypal, in accordance with its standard practices). The purchase price and other applicable charges and taxes will be billed in advance of the delivery of goods and services.
Your submission of any payments for Products via this Website is subject to PayPal Terms of Service (the “PayPal Terms of Service”). The PayPal Terms of Service are available for your review here. If you do not agree to the PayPal Terms of Service, do not place an order on this Website.
ANNEX PHOTO reserves the right to reject your order. For example, ANNEX PHOTO may reject your order if you are purchasing within or shipping outside of Canada or if your order contains content which violates these Terms and Conditions.
When your order is accepted by ANNEX PHOTO, we will send you an email which will include details of your order. Please refer to your number should you have any follow-up queries.
We may not be able to deliver to all locations. If ANNEX PHOTO does not ship a Product to the address that you provided, you will be sent a notice and you will not be charged for your order. If you do not receive your Product, please contact the ANNEX PHOTO at firstname.lastname@example.org. Any delivery dates or times provided by ANNEX PHOTO (or ANNEX PHOTO’s delivery agent) are estimates only and are not guaranteed.
Orders may not be cancelled once submitted. No returns, exchanges or refunds are permitted unless the Product has been mis-shipped or is defective. If you received a Product that has been mis-shipped or is defective through no fault of your own, you may be entitled to a refund or replacement of your Product if you contact ANNEX PHOTO within thirty (30) days of your receipt of the defective and/or mis-shipped Product. For more information, please contact the ANNEX PHOTO at email@example.com. Nothing in this section affects your legal rights under applicable laws.
ANNEX PHOTO has all necessary rights and title to sell the Products to you and all Products sold to you shall be new. Except for the forgoing warranties, and EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANNEX PHOTO MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR WARRANTIES ARISING UNDER COURSE OF DEALING OR USAGE OF TRADE. THE PRODUCTS, SERVICES AND ANY DOCUMENTATION PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS” BASIS. In addition, all warranties, if any, are subject to the warranty period, and any applicable exclusions, requirements and conditions. No warranty will be applicable in the event of your mishandling, misuse, abuse, neglect, lack of maintenance, or product alteration. The repair or replacement remedies outlined above constitute your exclusive remedies, and our sole obligation, if products are defective or non-conforming as of the time of delivery to you.
REGARDING SERVICES, ANNEX PHOTO WARRANTS THAT THE SERVICES PROVIDED IN CONNECTION WITH YOUR ORDER WILL BE PROVIDED IN A COMPETENT MANNER, CONSISTENT WITH LOCAL STANDARDS, AND IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY VENDOR REGARDING THE SERVICES AND, EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. In the event of ANNEX PHOTO’s breach of this warranty, you shall notify the ANNEX PHOTO customer service team as indicated in the ‘returns’ section above within ninety (90) days of your receipt of the affected order. Your sole remedy, and ANNEX PHOTO’s sole obligation, will be, upon confirmation of the breach, to re-perform the defective service or refund you for the affected order at no additional expense to you.
THESE WARRANTIES ARE SUBJECT TO ANY ADDITIONAL RIGHTS AND/OR LEGAL REMEDIES THAT MAY BE AVAILABLE TO YOU IN YOUR JURISDICTION (e.g., IN QUEBEC). CHECK WITH YOUR JURISDICTION FOR FURTHER INFORMATION
From time to time, the Site may post or link to contests, sweepstakes or other promotions available to some users of the Service. All contests are governed by these Terms and Conditions, unless otherwise specified, and the applicable official contest and/or sweepstakes rules (the “Rules”). By participating in a contest and/or sweepstakes posted or promoted through the Site, you signify your agreement and acceptance of these Terms of Service and the applicable Rules.
You agree that, in order to process your order, ANNEX PHOTO may provide your order information to third parties to assist in fulfilling or delivering your order as further described in the Privacy Statement. Your personal information may be processed outside of the country and, as such, may be provided to regulatory parties in that applicable jurisdiction in accordance with that jurisdiction’s laws.
You may terminate these Terms and Conditions (and, hence, your use of the Service) at any time. To terminate these Terms and Conditions, registered users must notify the Site by using the online submission form via the “Contact Us” portion of the Site. Upon receipt of your termination notice, the Site will terminate your account, and you will no longer have access as a registered user. If you cease to be an active user of the Site and/or Service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Statement.
Additionally, the Site or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately:
ANNEX PHOTO and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the Service (including Materials posted or submitted to the Service) before ANNEX PHOTO and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If these Terms and Conditions are terminated by you or by ANNEX PHOTO for any reason, then:
Your use of the site, including any materials, data or information posted, submitted, downloaded or otherwise obtained through the service, is at your own risk. The service is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. Although ANNEX PHOTO takes reasonable precautions to preserve and protect the material that you may upload to the service, you should not rely on the service as your only source for the material you provide. You should keep your own backup copies of all materials that you may use, or allow others to use, in connection with the service, including materials posted or submitted to the service. Please employ common sense and discretion when using our service.
You are solely responsible for provisioning, configuring and maintaining all equipment and software that you may use or allow others to use in connection with the service, including all computer hardware, peripherals, accessories, telephone and internet service and related equipment, photographic and imaging equipment, and software.
You are solely responsible for, and bear all risks and liabilities associated with, all materials that you may use or allow others to use in connection with the service, including materials posted or submitted to the service. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: use of the service by you, or anyone accessing the service with your user id or password; your breach of these terms and conditions and our privacy statement; your violation or infringement of the rights of other persons; or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the materials you may use or allow other persons to use in connection with the service, including materials posted to the site, are used by members and other service users. Annex photo and its service providers disclaim any and all responsibility and liability regarding all such matters.
The operation of the service may be affected by numerous factors beyond the site’s control. The operation of the service may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated. Password protection may not prevent unauthorized access to materials you may use or allow other persons to use in connection with the service, including materials posted or submitted to the service.
ANNEX PHOTO and its service providers are under no obligation to verify the identity of its members or other users of the service. ANNEX PHOTO and its service providers do not control the materials posted or submitted to the service and do not monitor, screen, police or edit those materials for compliance with applicable laws or these terms and conditions. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the site and related services.
ANNEX PHOTO and its service providers are not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the site, including the unavailability of any product or service you order, any delay in the availability of products or services, or any changes in the price of products or services.
Without limiting the generality of any other warranty disclaimers provided in these terms and conditions, ANNEX PHOTO, its affiliates, and its service providers make no representation, warranty or condition that:
Neither ANNEX PHOTO, its successors, assigns, affiliates, subcontractors service providers nor their respective agents/mandataries, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “ANNEX PHOTO group”) shall be liable under any circumstances to you or to any other person for any special, indirect, incidental or consequential loss or damage (including without limitation, any losses or damages due to loss of production, loss of income, goodwill or profits (anticipated or otherwise), loss of markets, economic loss) arising from, in connection with, or relating to the use of the site and/or services by you or by any other person, regardless of the nature of the claim(s) asserted (whether in contract, tort or under any other theory of law or equity) and regardless of any negligence or other fault or wrongdoing by ANNEX PHOTO or its service providers or any other person for whom any of them is responsible, and notwithstanding that ANNEX PHOTO or its service providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Without limiting the forgoing, in no event shall the ANNEX PHOTO group’s liability and/ or your remedies from the ANNEX PHOTO group for any damages, claims or demands stemming from your use of the site or the service exceed the amount of the order to which your claim relates.
You hereby release, remise and forever discharge the ANNEX PHOTO group from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site or the Service.
You agree to indemnify, defend and hold the ANNEX PHOTO group harmless from and against any and all damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the ANNEX PHOTO group in connection with any claim or demand arising out of, related to, or connected with use of the site or service by you or anyone accessing the site or service using your user id or password. You agree that you will assist and cooperate as fully as is reasonably required by the ANNEX PHOTO group in the defense of any such claim or demand. Advice and information provided by the ANNEX PHOTO group, or through the site or service, whether oral or written, will not create any representation, warranty or condition, or vary or amend these terms and conditions, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information.
Through your use of the site and service, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk and are subject to such other parties’ terms and conditions and privacy policies. ANNEX PHOTO and its service providers (unless a particular service providers expressly agrees otherwise) are not parties to any such transactions and disclaim any and all liability regarding all such transactions.
You must utilize the Service responsibly and with respect for all persons. You must comply with all applicable laws, rules and regulations, as well as with these Terms and Conditions and you must ensure that your account, regardless of who is using it, is in full compliance with the forgoing as well.
Some areas, features or services of the Site may require you to register with the Site. When and if you register, you agree to
As part of the registration process, you will be asked to select a unique user ID and password. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords should be non-obvious, hard-to-guess, and confidential, and changed on a regular basis, and members must log-out at the end of each session. You will be responsible for the confidentiality and use of your user ID and password, and you agree not to disclose your user ID or password to the Site to any third party. You must immediately notify the Site of any unauthorized disclosure or use of your user ID or password or album passwords that you may have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person without your authorization.
You are entirely responsible for maintaining the confidentiality of your user id and password, and you are entirely responsible for any and all activities (including purchases, as applicable) that are conducted through your account.
All user IDs and passwords remain the property of the Site, and may be cancelled or suspended at any time by ANNEX PHOTO without any prior notice or any liability to you or to any other person. ANNEX PHOTO is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If ANNEX PHOTO in its sole discretion considers a password to be insecure, then we may cancel the password.
You must respond promptly to all e-mail and other correspondence from ANNEX PHOTO, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. Please refer to our Privacy Statement for additional information regarding the above.
The Service is not designed or intended to be used as a disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your photos and/or videos, as backups, prior to posting or uploading any images or other content or materials to the Site. As specified in the Privacy Statement, all images/ video content submitted by you shall be removed from the Site within a reasonable amount of time after the order to which is relates is fulfilled or the contest/ sweepstakes to which it relates is completed.
The Site and Service and all of its content, including data, photographs, videos and images (other than those submitted by you), graphics, layout and design, Web site code, animation, icons, software, and other elements (collectively the “Site Content”), are owned or licensed by ANNEX PHOTO or its suppliers. The Service and the Site Content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, as between you and ANNEX PHOTO, the entire Site Content is, under domestic and international copyright laws, a collective work owned by ANNEX PHOTO. Your use of the Service and its Site Content does not transfer to you any ownership or other rights in the Service or its Site Content.
The Service and Site Content may not be used for any purpose not expressly permitted by these Terms and Conditions. In particular, except as expressly stated otherwise in these Terms and Conditions, the Service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of ANNEX PHOTO. You may not use any of the software that is used in the operation of the Service except while you use the Service. You may not copy any of the software used in the operation of the Service. You may not reproduce, copy, duplicate, sell, or resell any part of the Service or access to the Service.
You may access and browse the Site using a commercially available, SSL-capable Web browser. You may print or download the pages of the Site and its content for your personal, non-commercial use, provided that you do not modify any of the Web pages or content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
For all Materials that you may use or allow others to use in connection with the Service, including Materials posted or submitted to the Service:
You represent and warrant to ANNEX PHOTO and its service providers that:
If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
ANNEX PHOTO will handle such requests with due care. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send ANNEX PHOTO a counter-notice. We request that notices and counter-notices meet the then-current statutory requirements imposed by the Canadian Copyright Act (R.S.C., 1985, C-42)
All information that you provide through the Service, including your account information (name and e-mail addresses), billing information (credit card numbers and expiration date), and shipping and transaction-related information must be true, accurate, current and complete. Because the Site and its service providers will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, ANNEX PHOTO or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information, or for your failure to update your information within thirty (30) days of any changes. ANNEX PHOTO may, in its sole discretion, require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites (such as auction sites) or sites that you do not own or maintain, to or from the Site. Also, you may not use the ANNEX PHOTO name or any of the Marks or otherwise indicate, suggest or imply that ANNEX PHOTO endorses the Materials that you might post to the Site. Any other links to the Site or its content without the express permission of ANNEX PHOTO are strictly prohibited.
Notices or communications to ANNEX PHOTO in connection with these Terms and Conditions must be in writing and must be submitted to ANNEX PHOTO either sending ANNEX PHOTO an email at: firstname.lastname@example.org or using an overnight courier or regular pre-paid mail to:
362 Bloor Street West
Notices to you in connection with these Terms and Conditions may be sent by either e-mail to the electronic mail address supplied for your account or otherwise provided by you or by courier or regular pre-paid mail to your postal address or the postal address supplied for your account and shall be deemed received upon:
(a) ANNEX PHOTO’s express acknowledgement of receipt of e-mail transmission; or
(b) five (5) business days after deposit in Canada Post.
These Terms and Conditions, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws.
Any dispute between ANNEX PHOTO and you or any other person arising from, in connection with or relating to the Service, these Terms and Conditions, any transaction through the Service or any related matters must be resolved before the Courts of the Province of Ontario, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the provincial and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Service, these Terms and Conditions, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within two (2) years after the claim or cause of action arises.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms and Conditions and the Privacy Statement as amended from time to time by ANNEX PHOTO, and any contest rules, constitute the entire agreement between you and ANNEX PHOTO relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and ANNEX PHOTO with respect to your use of the Service.
The disclaimers, limitations on liability, release, and indemnity provisions in these Terms and Conditions survive the termination of these Terms and Conditions.
The provisions of these Terms and Conditions will inure to the benefit of and be binding upon ANNEX PHOTO and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives.
Any rights not expressly granted by these Terms and Conditions are reserved to ANNEX PHOTO.
Policy last updated: 10 October 2020
© ANNEX PHOTO and its affiliates. All rights reserved.