Tamper Studios
Explore, Learn, Redefine
Effective from: April 07, 2022
PLEASE READ THESE WEBSITES TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“THE “WEBSITE”). THESE WEBSITE TERMS OF USE (“THE TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE. DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Tamper Studios
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Ontario, Canada
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Tamper Studios, 1# P.O. Box.
Device means any device that can access the Service such as a computer, a cell phone; or a digital tablet.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Tamper Studios, accessible from http://www.tamperstudios.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
By using the Site or Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Ramper Studios reserves the right to decline a registration to join Tamper Studios or to add an Account of any type (i.e., as a Client or Product Provider), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to Us and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The price payable for Goods shall be the total price specified in the Supplier’s current price list or catalog, less any discounts agreed in advance in writing by the Supplier and plus any applicable costs for packaging, postage and delivery (Delivery Charges). Prices and Delivery Charges are subject to change without notice.
Discounts agreed by the Supplier are valid for one order transaction, unless specified otherwise in writing. All prices are subject to applicable taxes at the applicable rate. Items marked as “Final Sale” cannot be returned, refunded or exchanged.
Despite the Supplier’s best efforts, a small number of the items in its catalog may be mispriced. If an item’s correct price is higher than our stated price, the Supplier will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
As required through the course of completing an order, you shall pay the applicable price as instructed in the payment description screens which are presented to you for verification and authorization.
For all customers, payment is due at the time of purchase of Goods, unless a Supplier-authorized on-account agreement is in place. All payment terms identified in on-account agreements will supersede the standard payment terms and conditions identified in this section.
all transactions are denominated in Canadian dollars. Payments are accepted by Visa (debit or credit) and MasterCard (debit or credit).
Pay in Advance (“PIA”) Subscriptions will commence on the date specified on the Supplier’s Invoice (“Commencement Date”) and continue until terminated by either party. The price for any PIA Subscription is the Supplier’s list price at the date of the order. The price for subsequent years will be the Supplier’s list price in effect on the subscription renewal anniversary date.
Shipping charges will be applied at the time of purchase of Goods. However, these charges may not apply if specialized agreements are in place or shipping charges are not required.
Shipping charges may be refunded at the sole discretion of the Supplier.
Orders for Goods placed with the Supplier are subject to the availability of stock.
Delivery of purchased Goods will be made to the address specified in customer’s order or in the purchase order document.
All risks associated with the purchased Goods pass from the Supplier to the customer upon their physical and/or digital delivery to the customer by a designated shipment company. Where applicable the Title to Goods will pass to the customer on payment in full.
The Supplier’s liability for incorrect delivery or failure to deliver Goods is limited to the value of replacement goods if the customer requests such replacement to be delivered.
Claims for damage, partial delivery or non-receipt of Goods must be received by the Supplier within six (6) business days of either purchase or shipping date where applicable. All claims submitted after the expiration of the 6-day period will be processed by the Supplier at its discretion.
The Supplier does not take title to returned Goods until they arrive at the warehouse. At the Supplier’s discretion, a refund may be issued.
Refunds for returned, partially delivered, lost or damaged Goods will be issued via the same method as the original payment.
Claims for damaged, partially delivered or incorrect Goods must be filed with the Supplier by calling 416-326-5306 or emailing Billings@tamperstudios.com. Once the Supplier opens a claim and provides its number to the customer, the latter should return damaged or incorrect items to the following address citing the claim number:
Publications Ontario – Returns
1# P.O. Box Attn: Stephen Walker
441 Chrislea Road, Woodbridge ON L4L 8N4
The Supplier will process refunds for returned items only upon their receipt by the warehouse.
The Supplier will accept returned Goods only if they have been received:
Third Party Resellers: Please refer to your Agreement. A 10% restocking fee may be applied to your account for any return(s).
For publications ordered online and delivered within Ontario, we guarantee that if you meet the eligibility criteria, your order will be delivered to you within 6 business days or your money back (up to a maximum value of $100). For any other online orders delivered outside of Ontario, We will deliver to you at the earliest convenience and provide tracking information for the delivery of the product..
Definitions.
In these Terms and Conditions, the following words and expressions have the following meanings:
“Business Day” means any day other than Saturday, Sunday, any statutory holiday, and any other day that Tamper Studios has elected to be closed for business.
“Delivery Address” means the address Identified for delivery when placing the order.
“Delivery Date” means the date on which the carrier first attempts to deliver the order to the Mailing Address provided at the time of ordering.
“Order Date” means the date that your order was received by Tamper Studios through the Tamper Studios Promotional Website or application.
“Tamper Studios Promotional Website” means the website maintained by Tamper Studios for the purpose of receiving promotional services and orders.
The Service Guarantee.
Tamper Studios will deliver your ordered item to your Mailing Address in Ontario within six (6) Business Days. If the Delivery Date is not within six (6) Business Days of the Order Date, the fees paid for your order will be refunded to you, to a maximum amount of one hundred dollars ($100.00). This Service guarantee is subject to the following conditions:
If your order is placed after 4:00 pm but before 11:59 pm, the Order Date will be considered to be the following Business Day.
If no one is present at the Mailing Address to sign for the delivery on the Delivery Date, the carrier will leave a delivery notice providing further pickup or delivery options. Tamper Studios has satisfied the Service Guarantee if initial attempt to deliver your order is within six (6) Business Days of the Order Date. If the actual pickup date is more than six (6) Business Days of the Order Date, you will not be eligible for a refund so long as the Initial attempt to deliver your order was within six (6) Business Days.
The Service Guarantee does not apply if you decline the delivery or the order is returned as undelivered.
Eligibility. In order to be eligible for the service guarantee, your order must meet the following conditions:
Exceptions.
The Service Guarantee will not apply to your order in any of the following circumstances:
You are a re-seller of a product or item purchased from Tamper Studios, a Ministry or Agency of the Ontario Government or part of the Broader Public Sector, Tamper Studios determines that its ability to deliver your order within six (6) Business Days was impaired by an event beyond the reasonable control of Tamper Studios, including, but not limited to, any of the following reasons:
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Protect your Device. You are responsible for the security of any Device you use in connection with the Service, including without limitation for using appropriate Device Protection (e.g., a complex password/passcode or biometric information) and for keeping your Device Protection confidential, as well as for using appropriate security protections (e.g., using up to date anti-virus/anti-spyware software and up to date operating system version, limiting password attempts and setting the Device to lock after a short period of inactivity) in connection with your Device.
Access to Device. You must not allow any other individual or entity to access your Device for the purpose of allowing that individual or entity to use your Digital Identity or to access or use the Service on your behalf.
Disposal of Device. Before disposing of any Device on which you have installed the Enabling Software, you must delete the Enabling Software.
Responsibility for activities. Despite any other provision of this Agreement, you are responsible for all activities that occur using your Digital Identity, whether those activities were performed by you or by someone else.
Report issues. You must notify the Service helpdesk immediately if:
Keep the Service secure. You must not do, or authorize or encourage others to do, any of the following:
Personal Information. The Service is governed by Ontario’s Freedom of Information and Protection of Privacy Act, (FIPPA) Canada, as amended or replaced from time to time. When you visit the Service website or use the Service, personal information is automatically collected from you, through the use of audit logs or cookies. This information is collected, used, and disclosed according to the Privacy statement published on the Service website.
Security. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
All Enabling Software and Content are owned by the Suppliers and are protected by copyright, patent, trademark, and other laws protecting intellectual property rights.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR A MAXIMUM OF 100 CAD IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, DELETION OR CORRUPTION OF FILES, FOR BUSINESS OPPORTUNITIES OR INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE PROVINCES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation:
Upon termination, Your right to use the Service will cease immediately.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
These General Terms, any Additional Terms and any related Dispute will be governed by Ontario law and/or applicable Canadian federal law, without regard to choice of law or conflicts of law principles.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
In this Agreement, words expressed in the singular include the plural and vice versa. This Agreement, including any linked documents, is the entire agreement between you and the Province with respect to the subject matter of this Agreement. If any provision of this Agreement is invalid, illegal or unenforceable, that provision will be severed from this Agreement and all other provisions will remain in full force and effect. This Agreement is governed by and is to be construed in accordance with the laws of Ontario and the applicable laws of Canada. By using the Service, you consent to the exclusive jurisdiction and venue of the courts of the province of Ontario, sitting in Kingston, for the hearing of any dispute arising from or related to this Agreement or its subject matter.
If you have any questions about these Terms and Conditions, You can contact us:
By email: termsofservice@tamperstudios.com
By visiting this page on our website: termsofservice@tamperstudios.com
1# P.O. Box
Explore, Learn, Redefine
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