Terms & Conditions

Important

Please read these Terms & Conditions carefully. By accessing this website you agree to be bound by the terms and conditions stated below. If you do not agree to the Terms & Conditions stated below, please do not access this website. PakFactory reserves the right to change, modify or amend these terms and conditions without notice.

Acceptance of Terms

Dot Direct Inc. o/a PakFactory (“PakFactory”), supplies certain packaging products and provides other services (the “Services”) to you through this website (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By using the Website or by indicating your acceptance to the Terms, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you may not using this Website.

PakFactory reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were Last updated: 03-31-2021.

If you do not agree with one or more of these Terms, do not access or use this Website or the Services.

Registration

To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and register a unique email and password (collectively, “Credentials”). You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials.

Privacy Policy

Your Credentials, Registration Data and any other information that you provide to us, whether through this Website or otherwise, as well as certain other information about you, is subject to PakFactory’s Privacy Policy

Order Shipping and Delivery

Please note that all production and delivery dates which we may provide to you are estimates only. Shipping and delivery for orders are fulfilled by third-party shipping couriers and freight companies. While PakFactory uses reasonable efforts to prevent production and delivery delays, in no case shall PakFactory be liable for any consequential or other damages resulting from any such delays. Notwithstanding the foregoing, if applicable, PakFactory will refund or waive rush charges in the event of a delay. Customer has not right to cancel an order as a result of any delay.

In addition, PakFactory assumes no monetary liability for damage to customer products as a result of shipping; as damages are solely the responsibility of the courier or freight company fulfilling the delivery. In the event that the customer receives damaged products, PakFactory will assist the customer in opening an investigation to claim damages and compensation from the respective shipping company and initiate a resolution.

Production costs are subject to change based on changes in material, labor, and other cost considerations, which may be amended to take effect immediately.

The customer is responsible for all shipping/delivery charges, custom clearance fees, duties and taxes for the initial order and subsequent orders. Shipping costs are based on estimated conditions, packing size, weight, and current rates and are subject to amendment to meet potential changes in such costs between the date of quotation and the date of execution. Shipping rates for high quantity products depend on the customer’s access to a shipping dock and forklift, otherwise, additional charges may apply. Additional charges may apply for custom clearance, custom exam, and extra fees during transportation. The customer is responsible for providing any requested information during the shipping and customs clearance process. Failure to provide necessary information may result in delays, warehousing or storage fees. PakFactory disclaims all liability for any fees, charges, or penalties associated with customer’s non-compliance to shipping and customs clearance procedure.

Returns and Refunds

With all purchases, PakFactory provides a limited warranty. If we determine that any products were defective products (as described below), we will happily replace or discount the product sold. Since each order is unique to the customer and has no re-sale value, in all other cases, ALL SALES ARE FINAL. The customer must notify PakFactory within 5 business days of delivery of any defects discovered in the ordered product, failing which, the customer is deemed satisfied with the product. Where a replacement is appropriate, the customer must first return 100% of the received product within 15 days (at their own expense) from the date the product was delivered. PakFactory is not responsible for shipping charges associated with the product return or exchange, or shipping charges that come with re-ordering product.

Defective Products and Liability

PakFactory determines that a product is a defective product if it has a structural or printing error from manufacturing or improper construction, cut or finish other than the following:

  • cracking which occurs when creased in printed areas as a result of over-expansion in paperboard material (which can occur due to the nature of paperboard);
  • minor cracking in the creased areas for non-laminated cardstock (this is normal);
  • cracking, bends, or scratches produced as a result of mishandling or shipping;
  • variance in the specifications, including style, dimensions, material, print options, print layout, finishing, that is within 2.5%; and
  • variances in colour and density (including between any proof and final product).

Customer Submitted Artwork or Graphics

All artwork or designs and images must be provided in CMYK format and in accordance ith our specifications which can be found here:

PakFactory is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs, and images must be provided in a minimum of 300 DPI at 1:1 scale and CMYK color mode.

If your artwork files do not meet our specifications, PakFactory is not responsible for any printing errors (including images printed as fuzzy, distorted, or pixilated) that can arise as a result. Please follow our artwork specifications carefully to prepare and send us your artwork files.

Color Proofing and Matching

PakFactory is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density. While PakFactory will try its best to match the gradient density of each color, PakFactory is not liable for the final appearance of a color.

Customer Content

For certain product and service offerings, you may elect to electronically upload or otherwise submit data, text, Artwork, photographs, graphics, messages, or other materials, (collectively, "Customer Content") to PakFactory for inclusion in print and packaging products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content.

If you provide Customer Content to us, you grant PakFactory a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use to use, reproduce, modify, distribute, and otherwise disclose to third parties any Customer Content for the purpose of fulfilling your order. In addition, you grant PakFactory a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use to use, reproduce, modify, display and publish your products on the Website and marketing channels for marketing purposes.  You may request that we do not publish your products for marketing purposes by emailing us at marketing@pakfactory.com.

When you upload, or otherwise provide Customer Content to PakFactory, you warrant and confirm that you either own the copyright to or have permission to copy the documents, text, graphics, photography, etc. that you submit for inclusion in the print process, and you agree to defend, indemnify, and hold PakFactory and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and you pay any attorney’s fees incurred by PakFactory in defending against such suit, demand or claim.

You agree that you will not send, upload, post, or otherwise transmit to PakFactory any Customer Content that contains material that: (a) is unlawful, threatening, abusive, defamatory, and/or obscene; (b) which invades another person’s privacy; (c) which would further the commission or concealment of a crime; (d) advocates or urges treason, insurrection, sedition, or forcible resistance to any law of the United States; (e) is not lawfully yours to transmit; (f) is the subject of or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right, or other intellectual property rights of another person or entity; (g) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would interfere with or disrupt the services and/or production of PakFactory and/or any servers or networks connected to or used in connection with the delivery of such service and production.

Over or Underrun

Although we endeavor to ship the quantity ordered, PakFactory reserves the right to ship within 8% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an underrun.

Order Approval and Proofing

PakFactory has and assumes no obligation to proof or otherwise review the content or layout of your order. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Once you submit your files to the print and packaging process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. PakFactory recommends custom production-grade prototypes and PMS colors be used in all stringent requirement-sensitive projects to ensure color accuracy, finish, and stock properties. If the option to receive a custom prototype prior to placing a production order is waived for any reason, the customer hereby accepts the color differences and other variances that may occur during a production order from only reviewing artwork proof(s) in digital form.

Your order will not be processed or deemed production-ready until you have approved the production ready proofs provided by PakFactory in writing. All estimated turnaround times start upon final confirmation of proof(s).

Payments

All prices and dollar amounts on this Website are in United States dollars unless otherwise specified. PakFactory accepts the following payment methods: PayPal, Wire Transfer, Credit Cards, and Checks. Time to clear payments may vary for different payment methods. The production process will not be started and products will not be shipped until all due payments have been paid and cleared. Overdue payments or payments made past a specified due date may be subject to interest in accordance with the applicable invoice.

Contact Information and Shipping Address Changes

You are responsible for updating and advising PakFactory of any change of name, e-mail, phone number, and shipping address that is different from the invoice and/or your order, PakFactory shall have no liability for any, errors, losses or damages of any kind or nature, resulting from your failure to update your account and shipping information. Changes of contact information and shipping address during the production process may be subject to extra charges.

Use of the Website

Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of PakFactory is strictly prohibited. PakFactory reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and PakFactory reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.

Trade-marks and Copyright

“PakFactory” and related words and logos are trade-marks or trade-names of PakFactory in Canada and other jurisdictions. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of PakFactory. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of PakFactory or of third parties is strictly prohibited.

The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the PakFactory materials remains with PakFactory and any unauthorized use of such materials is strictly prohibited. PakFactory reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.

Third Party Links

This Website contains links to third-party websites which are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. PakFactory has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

Acceptable Use and Restrictions

In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations.

Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.

You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

Indemnify

You will defend, indemnify and hold harmless PakFactory from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, Customer Content, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, PakFactory retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

Disclaimers

You understand and agree that use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither PakFactory, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “PakFactory Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website, the Services or any products purchased from us, except any warranty or condition expressly provided in these Terms, and PakFactory specifically disclaims (i) the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law; and (ii) all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or certifications, or misappropriation. No advice or information, whether oral or written, obtained from the PakFactory Parties or through this Website will create any warranty not expressly made herein.

PakFactory Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. PakFactory Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in accessing any data, files or other materials obtained from third parties as part of the Services.

The access to this Website is done at your own risk. PakFactory makes reasonable efforts to ensure that this Website is secure, but PakFactory does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.

Limitations of Liability

In no event will the PakFactory Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this Website or the Services. PakFactory Parties will not be liable for any actual or alleged infringement by any third party materials available through the Services. In no event will the cumulative liability of PakFactory Parties arising out of or related to these Terms exceed the greater of (a) the amount paid by you in connection with the order giving rise to the liability; and (b) $250. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

General

These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by PakFactory from time to time without prior notice) constitute the entire agreement between PakFactory and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Services, the Website or these Terms.

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. To the maximum extent permitted by law, the parties that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any claim in accordance with the previous paragraph.

Contact Us

We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the Services offered by us. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.

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