PRIVACY POLICY


In this Privacy Policy, “Personal Information” means any information provided to The Fifth Colour Inc. or its affiliates, recorded in any form, about an identifiable individual, or an individual whose identity may be inferred or determined from the information. This Privacy Policy does not cover any information, recorded in any form, about any individual where the identity of the individual is not known and cannot be inferred from the information (“Unknown Information”).  We retain the right to use Unknown Information in any way that it reasonably determines is appropriate.


  1. Introduction
    We are responsible for maintaining and protecting the Personal Information under our control. We have designated an individual or individuals who is/are responsible for compliance with our privacy policy.


  2. Identifying Purposes
    We collect, use and disclose Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information.  In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information are provided as part of the order process.


  3. Consent
    Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required for us to be able to supply the product or service.


  4. Limiting Collection
    The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.


  5. Limiting Use, Disclosure and Retention
    Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law. We may share Personal Information with our affiliates for the limited purpose of providing the product or service required by you and our affiliates shall be bound by the same Policy as set out herein in their collection, use and disclosure of Personal Information.


  6. Accuracy
    Personal Information will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.


  7. Safeguarding Customer Information
    Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.


  8. Openness
    We will make information available to you about our policies and practices with respect to the management of your Personal Information.


  9. Customer Access
    Upon request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information, and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or proprietary restrictions.


  10. Other Websites
    Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.


  11. Handling Customer Complaints and Suggestions
    You may direct any questions or enquiries with respect to our privacy policy or our practices by contacting:
    Jane Doe@Ihaveacompliant###@@@&&%%%.com

TERMS OF SERVICE


CUSTOMER’S ACKNOWLEDGEMENTS:
By accessing this website of the Company (this “Website”) or submitting my order to the Company (whichever is earlier), I agree to be bound by the Company’s Terms and Conditions set out below. I shall exit this Website if I do not agree to the terms and conditions set out herein. The fact that I continue to access this Website confirms my acceptance of the terms and conditions and my agreement to comply with and be bound by them.

I understand that the Company shall have the right at any time to change, modify or amend the terms and conditions set out herein.
In the Company’s Terms and Conditions set out below, I shall be referred to as the “Customer”.
The Company’s Terms and Conditions:

  1. CUSTOMER ORDER
  2. ORDER APPROVAL

The Customer is fully responsible for approval of final proof and layout approval prior to placing its order. The Customer shall not hold the Company liable for errors in a final product caused by any of the following reasons: misspelling, graphics, bleeds, grammar errors, damaged fonts, wrong punctuations, wrong cuts, incorrect or missing folds or finished product size.

The Customer confirms that spelling and contents of its submission and order to the Company are correct in all aspects. The Customer assumes all responsibility for any typographical error and shall not hold the Company liable therefor. The Company is satisfied with the document layout and appearance. The Company understands that the printed document will be EXACTLY as it appears on its submission to the Company and that it cannot make any changes after it has placed its order.


ARTWORK OR GRAPHICS SUBMITTED BY CUSTOMER
The Customer shall provide artwork, designs or images in CMYK format. The Company is not responsible for any colour shift that may occur during the RIP conversion process. The Customer shall provide artwork, designs and images at a minimum of 300 DPI and CMYK colour mode. The Company shall not be responsible for images printed as fuzzy, distorted or pixilated which are contained in the artwork supplied by the Customer.


COLOUR PROOFING AND MATCHING
The Company shall not be responsible for colour matching or ink density on screen proofs that has been approved by the Customer. Screen proofs will dictate design layout, text accuracy, image proportion and placement, but not colour or density. Although the Company will try its best to match the gradient density of each colour, the Company shall not be responsible for the final appearance of a colour. Application of coatings and lamination may change the appearance of the printed colours. The Company shall not be responsible for the final colour appearance of any coated product.

Due to differences in equipment, paper and inks and other conditions between colour proofing and production pressroom operations, a reasonable variation in colour between colour proofs and the completed job is expected, unavoidable and shall be an acceptable delivery. Although the Company will make every effort to produce a reasonable representation based on materials supplied by the Customer, the Company does not guarantee colour matching. The Customer acknowledges that from time to time there could be a misrepresentation of colour caused by equipment calibration and various proofing substrates.


RETURNS AND REFUNDS
Since each order is customized to each customer and has no re-sale value, All Sales Shall Be Final. If it has been verified that the Company made an error, the Company will re-print the order, in which case no refunds or credits will be given, provided that the Customer duly complies with the procedure as set out in this section 6. The Customer shall notify the Company in writing within 10 business days of receiving its order of any defects discovered in the ordered product, failing which the Customer is deemed to have been satisfied with the product. Where replacement is appropriate, the Customer shall first, at its own expense, return 100% of the received product within 15 days from the date on which the ordered product was received by the Customer. All charges for rush or expedited printing or shipping) shall be NON-REFUNDABLE, including any order that are returned for any reason.

Printed materials for which the Customer requests for a refund shall be shipped back to the Company at the Customer’s expense. The Company’s quality control department shall inspect and verify whether the complaint is valid.


ORDER DELIVERY
All turnaround times are estimates. Although the Company will use reasonable efforts to prevent delay of delivery schedules, in no case shall the Company be liable for any incidental, consequential or indirect damages resulting from any delay in shipment or delivery. Orders are F.O.B. from the Company, and the Customer shall have recourse only to its selected courier for any shipping issues. The Company shall not be liable for any delay in shipment caused by weather conditions, shipping company delays, international customs issues or any other circumstances. Unexpected equipment failure, malfunction or technical problems may delay the printing process. In the event that any delay has been caused by technical problem of the Company, rush charges or fees will be refunded or waived where applicable. Notwithstanding, any technical problem of the Company shall not constitute a ground for order cancellation. Additional charges may apply for an order for products in high quantity.


OVERRUNS AND UNDERRUNS
Overruns and underruns not exceeding 10% of the quantity ordered shall constitute an acceptable delivery and the Customer shall not dispute such acceptability.


INCORRECT ADDRESS
When a package is returned to the Company due to an error made by the Customer in submitting the shipping address, the Company will reship the package with corrected address and charge an additional shipping fee for the shipment.

  1. WEBSITE
  2. INTELLECTUAL PROPERTY

All material used or found in this Website or used in production of the Customer’s order is subject to Copyright, Trademark or other intellectual property rights. All such rights are reserved worldwide. Redistribution, copying, publication or republication of any of the material and software contained on this Website or other websites of the Company or the intellectual property of parties from whom the Company has licensed such property shall be strictly prohibited. The Customer shall not place or reproduce any writings, trademarks, service marks, words, names, designs or logos that are not owned by or licensed to the Customer onto materials and merchandise to be printed by the Company. The Customer shall not use or copy intellectual property not licensed to the Company from photographers, artists, publishers, composers, writers or other authors of original works in its order to the Company. An intellectual property owner’s exclusive rights prohibit the reproduction of any original work. The Customer shall not use indecent, obscene or offensive language or pornography on printed materials and merchandise.


CONTENT OF CUSTOMER
The Customer shall be solely responsible for all information, data, text, details, photographs, graphics, pictures, messages or other information or materials supplied by the Customer to the Company (“Content”).

In view of the global nature of the Internet, the Customer agrees to comply with all applicable rules regarding online conduct and acceptable Content.  The Customer agrees not to make use of services provided by the Company to send, upload, post or otherwise transmit any Content that are unlawful under any applicable laws or may infringe the rights of any person, examples of which include (i) child pornography or anything offensive, indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat or blackmail to any person; (iii) any matter advocating or urging treason or insurrection; (iv) any defamatory remarks directed at any person; or (v) any Content that infringes the intellectual property rights or other proprietary rights of any person. The Company does not control and bears no responsibility for the Content posted by Customer. The Customer shall not hold the Company liable in any way for any Content. Any products and services of the Company are provided for the Customer’s personal use only. The Customer shall not use any of these products or services or related messages for engaging in unsolicited or unauthorized advertising or promotion or pyramid schemes, or delivery of junk mails, spam, chain letters, or any other form of unauthorized solicitation, or engaging in any illegal activities. The Customer agrees that it shall be solely responsible for protecting its password and controlling access to its registered account. The Customer agrees that it shall be solely responsible for all orders placed or other actions that are taken through its registered account and shall not hold the Company liable therefore.

The Customer acknowledges that the Company does not pre-screen Content, but that the Company shall have the right, but not be obliged, in their sole discretion to remove any Content that violates the Company’s policy or may otherwise be found objectionable by a reasonable person. The Customer further acknowledges and agrees that the Company may preserve Content and may also disclose Content if the Company, in good faith, believe such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law or legal process; (b) enforce the Company’s policy or terms of service; (c) respond to any allegation or claim that the Content violates the right of any third party; or (d) protect the rights, property or personal safety of the Company, or any of its staff members or other customers or any other person.


INDEMNIFICATION
The Customer warrants its ownership or publication rights over all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless the Company from any and all loss, cost (including legal cost on a solicitor-client basis), expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against the Company by reason of or in any way arising out of any cause, matter or thing whatsoever in relation to the printing violates any intellectual property or proprietary right of any person, or that it contains any content that is libelous or scandalous, or invades any person’s privacy  or other personal right, except to the extent that the Company contributed to the matter. The Customer agrees to, at the Customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the Company provided that the Company shall promptly notify the Customer of the same.


ERRORS AND OMISSIONS
This Website may contain typographical errors or inaccuracies and may not be complete or current. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, even after an order has been submitted. Such errors, inaccuracies or omissions may concern product description, pricing, promotion and availability. The Company reserves the right to cancel or reject any order placed based on incorrect pricing or availability information, to the extent permitted by applicable laws.

The Company does not undertake to update, modify or clarify any information on this Website, except as required by laws.


LINKS TO THIRD PARTY WEBSITES
Links from or to websites outside the Company’s website are solely for customers’ convenience. The Company does not review, endorse, approve or control, and shall not be responsible for any sites linked from or to this Website or any of its other website, the content of those sites, any person named therein, or their products and services. Accessing any other site through this Website or any other website of the Company shall be at the Customer’s sole risk and the Company shall not be responsible or liable for any damages arising therefrom. Links to downloadable software sites are for customers’ convenience only and the Company shall not be responsible or liable for any difficulties or consequences in connection with downloading of any software by the Customer. Use of any downloaded software is governed by the terms of any license agreement which accompanies or is provided in relation with such software and the Customer is solely responsible for complying with those.


COOKIES
The Company may use cookies to improve this Website’s functionality or to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically. The Customer may adjust its Internet browser settings to prevent its computer from accepting cookies or to notify the Customer when it receives a cookie so that it may decline its acceptance. The Customer is advised that if it disabled cookies, it may not experience optimal performance of this website.


DISCLAIMER AND LIMITATION OF LIABILITY
The Customer assumes all responsibility and risk in connection with its use of this Website or any content, material or services provided herein, all of which are provided on an “as is” basis without any warranty or representation whatsoever, expressed or implied. Without limiting the generality of the foregoing, the Company does not warrant or represent that this Website or its functioning, contents, materials or the services provided thereby will be timely, secured or uninterrupted or free of defects, viruses or other harmful elements.

The Customer shall assume full responsibility for any costs, damages or consequences arising from its use of this Website and shall release the Company from any of the foregoing.

Under no circumstances will the Company or any of its or its affiliates’ respective directors, officers, agents, contractors,  suppliers or employees be liable to the Customer for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost revenue or sales, or any other type of damage, whether based on contract or tort, strict liability or otherwise, arising from the Customer’s use of, or inability to use this Website, or the performance or any content thereof, even if the Company has prior notice of the possibility of such damages.

The aforesaid exclusion or limitation of liability shall be invoked to the maximum extent permitted by any applicable laws.

  1. COMPANY POLICY
  2. PAYMENT RECORD

The Company does not record or maintain any credit card or payment information on its servers. The Company only records or keeps information on order submitted, docket number, quantity, paper type finishing, file and shipping information for such duration as necessary for its record keeping purposes or for compliance with tax reporting related rules or regulations.


NON-SOLICITATION
The Customer or any of its affiliates shall not, without prior written consent of the Company, directly or indirectly solicit any employee, contractor or consultant of the Company for a period of twenty-four (24) months after the Company completes the Customer’s last order.


PERSONAL INFORMATION
The Privacy Policy of the Company is set out in this website and constitutes part of the Terms and Conditions contained herein (collectively, the “Terms”).

  1. GENERAL PROVISIONS
  2. ENTIRE AGREEMENT

The Terms and any written agreements entered into between the Company and Customer pursuant to the Terms represent the entire agreement between the Customer and the Company in relation to any subject matter arising from the Customer’s order or this Website. The Terms shall supersede any prior agreement, understanding or arrangement between the Customer and the Company, whether oral or in writing. The Customer acknowledges that, in agreeing to the Terms, the Customer does not rely on any representation, undertaking or promise given by the Company or implied from anything said or written between the Customer and the Company prior to the Customer’s agreeing to the Terms, except as expressly stated in the Terms.


WAIVER
The Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. A waiver by the Company of any default will not constitute a waiver of any subsequent default. No waiver by the Company is effective unless it is communicated to the Customer in writing.


LEGAL CAPACITY
If the Customer is a natural person, he or she represents that he or she is not under the age of 18 years and that he or she has the mental capacity to enter into a contract.


HEADINGS
Any headings and titles herein are for convenience only.


SEVERABILITY
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to such extent be severed from the remainder of the Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.


GOVERNING LAW
Any disputes arising out of or relating to the Terms, use of this Website or the Company’s other website, or products or services offered by the Company on this Website shall be resolved in accordance with the laws of the Province of Ontario and the laws of Canada applicable herein without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or the Customer’s access to or use of the Company’s websites shall be brought before the courts of the Province of Ontario, Canada and the Customer irrevocably and unconditionally attorns itself to the exclusive jurisdiction and venue of such courts with respect to any such disputes.