Section 1 - Acknowledgement and Acceptance
The provision of the Plan Services (as defined below) through Print Connect Gold or Print Connect Silver (each a “Plan”) is conditional upon your acceptance, without modification, of these terms and conditions (these “Terms”).
PLEASE READ THESE TERMS CAREFULLY AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STAPLES CANADA ULC/ BUREAU EN GROS LTÉE (“STAPLES/ BUREAU EN GROS”). IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT USE OUR SERVICES.
You acknowledge and agree that Staples/ Bureau en Gros may amend these Terms at any time by posting a revised version of these Terms on www.staplesprint.ca or by notifying you directly in Staples/ Bureau en Gros’ sole discretion, including without limitation, by email or mail. Your continued use of the Plan Services after any changes are made to these Terms shall constitute your agreement with such changes. Staples/ Bureau en Gros does not and will not assume any obligation to notify you of any changes to these Terms, or the creation or modification of any additional terms, except as set forth herein. You acknowledge and agree that you are solely responsible for remaining knowledgeable about these Terms.
Section 2 - Print Connect Plans
You have the option of subscribing to one of two Plans – the Gold Plan or the Silver Plan.
Gold Plan
By subscribing to the Gold Plan you will receive the following benefits as may be updated or modified by Staples/ Bureau en Gros at its sole discretion from time to time:
(a) Full access to all features and content within the Gold Plan including:
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- Uploading content to create print templates, which can be shared with specific individuals within your organization.
- Creating audiences for specific content; and
- Inviting individuals to become part of an audience;
(b) Pricing discounts;
(c) User management and access up to and including 100 users;
(d) Unlimited content storage / print templates and images;
(e) Reporting – usage and account activity;
(f) Use of built-in design tools and content management;
(g) Site user support - Monday to Friday, 8 am to 6 pm EST; and
(h) Training and access to knowledge center,.
(collectively, the “Gold Plan Services”)
Silver Plan
By subscribing to the Silver Plan you will receive the following benefits as may be updated or modified by Staples/ Bureau en Gros at its sole discretion from time to time:
(a) Full access to all features and content within the Silver Plan including:
a. Uploading content to create print templates, which can be shared with specific individuals within your organization; and
b. Inviting individuals to become a User in the Portal.
(b) Pricing discounts;
(c) User management and access up to and including 10 users;
(d) 100 file limit for content storage / print templates and images;
(e) Use of built-in design tool;
(f) Site user support Monday to Friday, 8 am to 6 pm EST; and
(g) Training and access to knowledge center,
(collectively, the “Silver Plan Services” and together with the Gold Plan Services, the “Plan Services”).
For certainty, the Plan Services do not include:
a) Data management, including but not limited to arranging, sorting, deleting, or organizing files, folders, contacts, bookmarks, and emails, by Staples/ Bureau en Gros;
b) Cost for printed materials;
c) Customized design services or pre-flighting;
d) Additional auxiliary services; or
e) Providing services that are not specifically outlined in this plan, including but not limited to administrative services and non-technical related tasks, such as creating or editing documents, making changes to websites, booking appointments, and any other miscellaneous tasks.
Section 3 – Monthly Subscription – Gold Plan
This Section 3 applies just to the Gold Plan.
Monthly Subscription: The Gold Plan is offered on a monthly subscription basis.
To subscribe to the Gold Plan, an upfront build fee is charged (the “Build Fee”) for the development and publication of the unique site for your organization (your “Site”). The amount of the Build Fee will be disclosed to you at the time of purchase plus applicable taxes.
Upon publication of your Gold Site, and each month thereafter unless your Gold Plan has been canceled as set out below in Section 7, you will be charged a monthly fee in the amount specified to you at the time of purchase plus applicable taxes.
All fees are non-refundable.
Section 4 - Fees, Payment & Charges – Gold Plan
This Section 4 applies just to the Gold Plan.
a) You agree to pay any applicable fees and applicable taxes (collectively, the “Fees”) that are in effect for the Gold Plan at the time of your purchase and disclosed to you prior to your purchase. Any promotional bundle fees, discounts, credits, rebates or other financial incentives you may enjoy will be subject to you keeping your account current and in good standing.
b) By subscribing to the Gold Plan, you authorize Staples/ Bureau en Gros to automatically withdraw the total amount owing on your invoice issued in connection with the Gold Plan each month from your credit card. Staples/ Bureau en Gros only accepts MasterCard, Visa, and American Express, and You certify that your credit card is in good standing, with sufficient funds to cover the invoices as they become due. It is solely your responsibility to ensure that your invoicing and payment information provided to Staples/ Bureau en Gros (including name, mailing address, email address, service address, credit card details and telephone number) is always up to date and accurate. Should your credit card expire or change during your Gold Plan subscription, you must notify Staples/ Bureau en Gros of this change otherwise Staples/ Bureau en Gros may suspend your subscription.
c) If Staples/ Bureau en Gros does not receive payment within thirty (30) days of the payment due date for whatever reason, Staples/ Bureau en Gros may deactivate the Gold store in question, including permanent deletion content and templates in keeping with Section 5 detailed below.
d) You consent and authorize that we may automatically update your payment card’s expiration date when we have new information from your card issuer. We do this in partnership with major credit card issuers, so your payment doesn’t fail, so you can retain continuity of service, and so you don’t have to update your card details manually. The card issuer provides us with a new card number and/or expiration date.
Section 5 – Content Retention
It is your sole responsibility to maintain all your content on a separate computer or back-up storage. THE PLAN SERVICES DO NOT PROVIDE EXPORT FUNCTIONALITY. STAPLES/ BUREAU EN GROS, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS BEAR NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR LOSS TO DATA OR PERIPHERALS. UPON CANCELATION OF YOUR PLAN, OR FOR THE SILVER PLAN ONLY, UPON INACTIVITY FOR ONE YEAR ON YOUR SILVER PLAN ACCOUNT ALL CONTENT UPLOADED ONTO, OR CREATED WITHIN YOUR SITE, INCLUDING WITHOUT LIMITATION ALL CUSTOMIZED TEMPLATES, IMAGE FILES, USER GROUPS, LOGOS, REPORTING AND ACCOUNT ACTIVITY WILL BE PERMANENTLY DELETED AND WILL NOT BE RECOVERABLE.
Section 6 – IP Ownership
You own all your content which you upload to your Site and/or create within your Site using the Plan Services (your “Content”).
You acknowledge and agree that, other than your Content, all content and materials made available through or in connection with the Plan are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Plan unless you have our written permission. You may use the content and materials made available in connection with the Plan in the course of your normal use in accordance with these Terms. All rights not expressly granted herein are reserved.
Section 7 – Cancellation
You can cancel your Plan subscription at any time. If you wish to cancel your Plan subscription, you can do so by contacting us via email at printconnectsupport@staples.ca
If you have subscribed to the Silver Plan, your Silver Plan will be deactivated after one year of inactivity.
Access to the Gold Plan subscription will remain active until the next monthly billing date. No access refunds will be provided. Access to the Silver Plan subscription will remain active for thirty days from your cancellation request. Deactivations for inactivity take effect immediately.
Staples/ Bureau en Gros may, without any liability and in its sole discretion, refuse, stop or suspend the provision of all or any part of the Plan, for any reason, including:
- your breach of or failure to comply with these Terms;
- with respect to the Gold Plan, your failure to pay your Fees, invoices or other amounts; or
- your use of the Plan is fraudulent, inappropriate, not consistent with your ordinary usage patterns established with Staples/ Bureau en Gros or is being used in or directed to high cost of service areas to an extent not supportable by your rate plan and Fees for your Plan.
You remain obligated to pay for your Gold Plan subscription during any suspension.
If your Plan subscription is suspended due to a breach that has not been cured within ten (10) days from the suspension date, Staples/ Bureau en Gros may cancel your Plan subscription.
Upon cancelation of your Plan subscription, your access will be terminated and all your Content will not be recoverable.
If you reactivate your same Gold Site plan within 90 days from the date of cancellation and termination of your Site, the activation fee will be waived. This only applies to the original member who first subscribed for the Gold plan and was the Site owner/first member.
Section 8 – Acceptable Use; Monitoring
You shall not use the Plan Services, in whole or in part, for any purpose that is unlawful or prohibited by these Terms. Without limiting the generality of the foregoing, you agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Plan Services other than for use as expressly permitted by these Terms. This means, among other activities, that you shall not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Plan Services in any manner that could damage, disable, overburden, or impair the Plan Services or interfere with any other person's use and enjoyment of the Plan Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Plan Services.
The Plan Services enable you to disseminate and exchange thoughts and opinions to and with other users of your Site. Staples/ Bureau en Gros is under no obligation, but does reserve the right in its sole discretion, to monitor, pre-screen, filter, modify, refuse and remove any and all such thoughts, opinions, and other Content posted through the Plan Services or stored on its servers without notice at any time. Staples/ Bureau en Gros is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Content. Staples/ Bureau en Gros also reserves the right to disclose any information or materials belonging to any person or entity as necessary to satisfy any applicable law, rule, regulation, legal process, governmental request or contractual obligation.
Section 9 – Site Feedback and Privacy
(a) Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Staples/ Bureau en Gros in connection with the operation of the Plan shall be provided by the submitter and received by Staples/ Bureau en Gros on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Staples/ Bureau en Gros. By submitting any such information to Staples/ Bureau en Gros, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Staples/ Bureau en Gros shall be free to use such information on an unrestricted basis.
(b) Staples/ Bureau en Gros has set out in its Privacy Policy how it collects, uses and discloses the information that you submit to us. By subscribing to the Plan you hereby consent to Staples/ Bureau en Gros collection, use and disclosure of personal information as contemplated in, and in accordance with its Privacy Policy - https://help.staples.ca/hc/en-us/categories/360001704892-Policies-Legal
Section 10 - Indemnities
You agree to indemnify, defend and hold harmless Staples/ Bureau en Gros, its officers, directors, subsidiaries, affiliates, employees, and agents from and against all loss, liability, claim, demand or suit, including reasonable legal fees, resulting from or arising out of any of your acts or omissions in connection with these Terms.
Section 11 – Limitation of Liability
Staples/ Bureau en Gros, its officers, directors, subsidiaries, affiliates, employees, and agents, where applicable by law, shall not be liable for any damages, including direct, indirect, punitive, incidental, general, special or consequential damages, arising out of provision of the Plan, including without limitation, bodily injury, emotional distress, and/or any other damages, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Staples/ Bureau en Gros is not liable for any loss of data, loss of profits, loss of property, loss of earnings, loss of business opportunities, misappropriation of personal information stored on device or any other loss, however caused resulting from the use of the Services or the enforcement of these Terms. Staples/ Bureau en Gros expressly disclaims any and all liability for acts, omissions and conduct of any third party, Plan users, advertisers and/or sponsors in connection with the Plan or otherwise related to your use of the Plan Services and/or the Plan.
THE PLAN AND THE PLAN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAPLES/ BUREAU EN GROS, ITS AFFILIATES AND LICENSORS GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.
Section 12 - Miscellaneous
(a) Entire Agreement. These Terms constitute the entire agreement between you and Staples/ Bureau en Gros with respect to the subject matter hereof.
(b) Governing Law. These Terms shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, excluding their rules governing conflicts of laws.
(c) In the interest of resolving disputes between you and Staples/ Bureau en Gros in the most expedient and cost-effective manner, you and Staples/ Bureau en Gros agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. You and Staples/ Bureau en Gros agree that (i) any arbitration will occur in Toronto, Ontario; (ii) arbitration will be conducted confidentially in English with one arbitrator to be selected by the parties to the arbitration; and (iii) the Ontario courts situated in the city of Toronto shall have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST STAPLES/ BUREAU EN GROS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(d) Severability. To the extent any provision of these Terms, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms shall remain in effect as written.
(e) No Waiver. Staples/ Bureau en Gros shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Staples/ Bureau en Gros. No delay or omission on the part of Staples/ Bureau en Gros in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.
(f) Third party links. The Plan site or Plan Services may provide links to third party sites or resources. You acknowledge and agree that we are not responsible for the availability of such sites and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third party sites and/or resources.