Policies & Terms
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdrawing your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@getSTACT.com or mailing us at:
STACT, 11411 Blacksmith Pl, Unit #6, Richmond, BC V7A 4T7 Canada.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Prices listed are in US dollars unless noted otherwise. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - ADROLL
AdRoll retargeting, who uses technology including web beacons and cookies to collect data about our website usage and to improve the effectiveness of our marketing. Data recorded through the use of this technology is aggregated and shared with us. No personally identifiable information about you is collected or shared by AdRoll with STACT. You can opt-out of AdRoll and their partners by visiting this link, or contact us at privacy@getSTACT.com for further assistance.
SECTION 9 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at privacy@getSTACT.com or by mail at
STACT [Re: Privacy Compliance Officer], 302 Greensboro Pl, Vancouver, BC, V5X 4M4 Canada.
TERMS OF SERVICE
This website is operated by STACT Wine Displays inc. Throughout the site, the terms “STACT”, “we”, “us” and “our” refer to STACT Wine Displays inc. STACT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRICES & MODIFICATIONS TO THE PRODUCTS AND PRICES
All prices are in US dollars (USD). Prices for our products are subject to change without notice. All sale prices and offers are non-retroactive.
We reserve the right at any time to modify or discontinue products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. All products have been inspected for quality assurance prior to packaging. In certain instances (i.e. in the unlikely case where an item may be backordered or short stocked) we reserve the right at our discretion to repack items in order to include the intended combination of items. In such instances though said items will have no material difference once installed, they may include miss-labeled and/or opened packaging. Though we have made every effort to display as accurately as possible the colors and images of our products that appear on our website, we cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue or modify any product at any time.
Anodizing is an electro-chemical process resulting in a colored aluminum oxide layer on the aluminum surface. Our available colors include satin silver (clear anodized), black, gold, space gray, and bronze. Anodizing will inherently result in color variations as there may be chemical or physical differences in the materials which cannot be fully controlled. As such, color variations have always been part of the anodizing process and are unavoidable. Anodizing aluminum components is great for durability, weather and corrosion resistance, and does not flake or peel. Due to the inherent nature of the anodizing process, we do not warrant anodized finishes with regard to consistency and color uniformity as some degree of variation is to be expected.
The production of painted surfaces involves the manual application of lacquers or powder coating. Although great care is taken, due to the inherent nature of the process involved, we do not warrant painted finishes with regard to consistency or color uniformity, as there will invariably be some degree of variation. High-gloss finishes are achieved through a multi-stage lacquer and polishing process, though the finished surface is equally as hard as our other panel finishes, its high shine may show fine micro-abrasions. Any such variations which may be perceived imperfections may be hard to distinguish unless inspecting under extreme scrutiny.
Color / surface / grain variations will be present to some degree, as inherent aspect with the production of hand made furniture goods, and due to natural characteristics of authentic wood surfaces. Since no two trees are exactly alike, these variations are evident in every piece of wood. Natural variations are softened somewhat by the application of toners and stains. These finish applications are not designed to eliminate, but to enhance the charm and unique characteristics of the natural wood. Although care is taken to match color and pattern, some variation must always be expected due to the nature of the various wood species. Therefore, again, due to the natural variation of color / surface / grain in the wood, there can and will be some degree of variations in color / surface / graining. Fortunately any such variations which may be perceived imperfections may be hard to distinguish unless looking under extreme scrutiny, though these natural variations are deemed acceptable throughout the furniture industry as they contribute to the intrinsic beauty of hand made furniture. Variations within these furniture manufacturing standards will not be reason for replacement. Customers interested in a perfectly consistent color and graining should consider synthetic materials such as laminate, melamine or PVC.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - TAXES & DUTIES
The prices listed on the website are exclusive of all local customs charges, duties or taxes payable for import of the products into the territory to which the products are to be delivered. Where applicable local customs charges, duties or taxes are payable by you and are the your sole responsibility. In the event of the return of products to STACT as a result of the failure or refusal by you to pay any local customs charges, duties or taxes, any cost incurred by STACT by return of the products to STACT will be deducted and retained from any refund payable to you.
SECTION 7 - SHIPPING POLICY
It is our goal to ship your product within the time frames noted at the time of order. Please understand that the order processing times, and shipping time frames noted may vary in the event of unforeseen circumstances or factors outside of our control, as such we are unable to offer guaranteed delivery times. We endeavor to process orders as soon as possible, as such at our discretion we may split orders into separate shipments occasionally as items become available. Accordingly tracking information will be provided by email in due course.
We recommend that you consider the following information:
(a) Due to the high value of the goods, at our discretion we may use 'signature required' for delivery.
(b) Though we typically ship via UPS/FedEx, in some instances (i.e. to extended or remote locations) we may use alternate carriers such as USPS or Canada Post at our discretion.
(c) We are unable to redirect orders once items have been dispatched, so please ensure there is someone will be present to receive and sign for your order at the specified shipping address.
(d) If the courier does not find anyone at the indicated address, at their discretion they may either leave your package at your property, or they may try to make further delivery attempt(s), or they may deliver to a UPS/FedEx Access Point for pick up; a card may be left with instructions on each occasion however it is your responsibility to follow the progress of your packages via the tracking info and make arrangements to facilitate and accept delivery.
(e) Any errors/omissions in the delivery address as noted on the original order invoice will be your sole responsibility. it is your responsibility to follow the tracking of the shipment and make arrangements to facilitate and accept delivery at the specified address. If delivery can not be completed at the address provided, it is your responsibility to contact UPS/FedEx to request and arrange to pick up within the allowable time frame. Failure to do so may result in your packages either being returned or abandoned. Any resulting costs/losses will be borne by you.
(f) Additional information may be requested by UPS/FedEx for customs clearance purposes, or otherwise as required, such as Employer Identification Number (EIN) or a Social Security Number (SSN), or an alternate delivery address if there are issues locating or completing delivery at the address provided.
(g) In the event of the return of your packages to STACT as a result of a lack of due diligence to facilitate the delivery, refusing the delivery, or a failure to arrange to pick up within the allowable time frames set out by the carrier, any resulting costs/losses will be borne by you. If applicable, any and all resulting costs incurred by STACT to return/recover the products and/or to re-ship the products will be passed on to you, and due in advance.
(h) In the event of the abandonment of your packages as a result of a lack of due diligence to facilitate the delivery, refusing the delivery, or a failure to arrange to pick up within the allowable time frames set out by the carrier, any resulting costs/losses will be borne by you. In the case where goods are lost, abandoned, or not recovered as a result of the reasons outlined above, STACT will not accept any liability.
(i) As it is your responsibility to follow the tracking information, it is deemed that you will be aware of the time at which your shipment has been delivered, notwithstanding for further certainty email confirmation may be provided by UPS/FedEx at time of delivery. Accordingly, it is your responsibility to ensure items are examined forthwith. In the event that any product or a portion thereof is missing, defective, or incorrect, purchaser must immediately give written notice by contacting us at orders@getSTACT.com within 2 days of the delivery (based on the delivery date confirmed by the carrier), otherwise the products will be deemed to have been received and accepted by purchaser.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 - RETURN POLICY
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. Contact us at returns@getSTACT.com first to receive a RMA (return merchandise authorization) number. Product returned without an RMA will be declined.
To be eligible for a return, your item and its packaging must be unused and in the same condition that you received it, free from any signs of wear and tear. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, less a 20% restocking fee, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Ineligible Returns (if applicable)
Returned items which are ineligible for a refund, may be returned to you at your expense, by providing a prepaid return label to returns@getSTACT.com within 14 days of receipt of goods at our warehouse. After such time, any ineligible returns will be disposed of.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at returns@getSTACT.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded (which includes discounts via promotional code).
Special Order items (if applicable)
Only regular stocked merchandise may be refunded. 'Special Order' items are noted as such on their respective product page at time of order, as these items are produced at time of order on demand and are shipped direct from the factory they cannot be cancelled or refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at returns@getSTACT.com to make a request.
Damage/defective items (if applicable)
Claims associated with manufacturer's defects or items damaged in transit must be received within 2 days of receipt of merchandise. Please keep the original packaging as photo/video documentation showing the nature of the damage may be required in order to process a claim. In the case that it is determined that items were received damaged/defective, replacement parts will be provided as needed.
Incorrect items (if applicable)
Claims for incorrect items must be received within 2 days of receipt of merchandise. Please keep the original packaging as photo/video documentation showing the nature of the issue may be required in order to process a claim. If it is determined that any incorrect items were received, a return label will be provided, and the correct replacement items will be shipped out promptly upon receipt of the items provided they are received back in their original condition free from any signs of wear and tear.
Missing items (if applicable)
Claims for missing items must be received within 2 days of receipt of merchandise. Please keep the original packaging as photo/video documentation showing the nature of the issue may be required in order to process a claim. If items may have been missed, we will verify with the carrier and arrange to ship replacements as required. In the case that it is determined that parts are missing, we will arrange to ship parts as required.
To return your product (if eligible), contact us within 30 days of purchase at returns@getSTACT.com for an RMA (return merchandise authorization) number, and we will provide you with the address of our nearest warehouse.
You will be responsible for paying for your own shipping costs (and duty/tax if applicable) for returning your item. These costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. NOTE: We recommend that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to STACT or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
In the event an the order is cancelled after the items ship, or if the delivery is refused, any resulting costs incurred by STACT to return/reship products will be passed on to you and due in advance.
SECTION 10 - CANCELLATION POLICY
With our commitment to process online orders as quickly as possible, cancellation requests must be submitted within 24 hours from the time of order, provided the order has not already been processed. Please contact us at orders@getSTACT.com with your cancellation requests. We will notify you if your order is eligible to be cancelled. Please note that 'Special Order' items are not eligible for cancellation or return. 'Special Order' items are noted as such on their respective product page at time of order; as these items are produced at time of order on demand and are shipped direct from the factory they cannot be cancelled or refunded. Sending in a cancellation request does not confirm that your order has been cancelled. Cancelled orders will be confirmed in writing via email. If you are approved, then your refund will be processed, less a 3% cancellation fee (to cover the non refundable processing fee in accordance with Shopify's cancellation policy, for more info see here), to be automatically applied to your credit card or original method of payment, within a certain amount of days. In the event that your order cannot be cancelled, please refer to our return policy.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
STACT guarantees its products to be free from defects in materials and workmanship for a period of one year from the date of its original invoice. If during this period of guarantee the product proves to be defective due to improper materials or workmanship, STACT will, at its discretion, assist in remedying the issue, or where appropriate replace the product or its defective parts without charge upon the terms and conditions set out below.
1. This guarantee will be granted only when the original invoice is presented together with the defective product. STACT reserves the right to refuse free-of-charge guarantee service if the above document cannot be presented.
2. This guarantee will not reimburse nor cover the damage resulting from any failure to comply with instructions stated in the current versions of the STACT instruction manual (copies of which are available on request).
3. Given the nature of the product, troubleshooting may be required in order to address installation issues. Failure to participate in troubleshooting as deemed appropriate by STACT in order to properly identify and resolve issues constitutes breach of warranty.
4. This guarantee covers none of the following:
(a) periodic maintenance and repair or replacement of parts due to normal wear and tear.
(b) any unauthorized adaptation or changes to the product whatsoever.
(c) delivery costs and all risks of transport relating directly or indirectly to the guarantee of the product.
(d) damage or wear resulting from accidents, lightning, water, fire, heat, improper ventilation, light, excessive humidity, or any cause beyond the control of STACT.
(e) damage or wear caused by lack of reasonable care, improper use, improper installation or assembly by the customer or customer's agent.
STACT's maximum liability, in any event, shall not exceed the purchase price of the product paid by the original purchaser. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall STACT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless STACT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.
SECTION 23 - DISPUTES
Any dispute or claim relating in any way to your use of any products or services sold or distributed through www.getSTACT.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. 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.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@getSTACT.com.
Updated: Mar 1, 2020