Welcome to the website at myhappyclient.com (the "Site"). The terms and conditions (the "Terms") form a contract between Contac Services Inc. ("Contac") and users of the Site ("you"), and we ask that you read them carefully. By accessing the Site, you accept and agree to be bound, without qualification, by the Terms. Contac's failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or rights it may have under the Terms. Contac may at any time, without notice, revise the Terms, effective when posted, and/or change any aspect of the Site, without any liability to you. By continuing to use the Site, you agree to be bound by such revisions to the Terms, and agree to periodically revisit this page to review the current version of the Terms, as modified from time to time. If you do not agree to the Terms, please do not use the Site.
Provided that you continue to comply with the Terms, Contac grants you a personal, non-assignable, and non-exclusive license to access and use the Site, upload content to the Site ("Your Content"), access content made available by Contac on the Site (the "Site Content"), and create and submit orders (each an "Order") for products and services available on the Site. No other download, retention, use, publication, or distribution of any portion of the Site Content is authorized or permitted. Other than with respect to Your Content, you are not entitled to use any portion of the Site Content, other than on the paper products produced by Contac in accordance with your Order (the "Products").
You will be asked to register with the Site in order to use the Services. You are responsible for maintaining the confidentiality of your username and password, and you accept responsibility for all activities incurred under your username and password. You will notify Contac immediately of any unauthorized use of your account or any other breach of security at the email address:
Contac recognizes the importance of maintaining your privacy. Our collection, use, and disclosure of your personal information, which may include your phone number, email address, name, and credit card number, is governed by our Privacy Policy. This Privacy Policy applies to current and former visitors to, or users of, the Site, including you. This Privacy Policy does not apply to information about you collected by our affiliates or third party websites that may post links or advertisements on or otherwise be accessible from the Site.
You may not use the Site to engage in any unlawful activity or to infringe the rights of the Contac, its partners, affiliates, or related entities. You further agree that you will not and you will not allow your employees or agents to: (a) translate, reverse engineer, decompile, disassemble the Site Content; (b) remove any proprietary notices or labels on the Site Content; (c) violate, plagiarize or infringe on the rights of any third party, including copyright, trade-mark, privacy or publicity, contract or other personal or proprietary rights; (d) interfere with the operation of the Site, in any way or interfere with anyone's use or enjoyment of the Site, or use the Site to gain unauthorized access to any computer systems; (e) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (f) impersonate any person or entity on or through the Site; (g) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (h) modify, copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or any of the Site Content other than as may be expressly permitted in writing by Contac (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Site.
You are solely responsible for Your Content, including, without limitation, in combination with any other images, graphics, text or other materials, including any Site Content, you incorporate into the Products. You agree that you will not include any text, image, design, trade-mark, or any copyrighted work of any third party in any of your Orders, unless you have obtained the appropriate authorizations from the third party owners. You represent and warrant that Your Content does not infringe upon any rights of any third party, including, without limitation, rights in copyright, trade-mark, publicity or privacy, and other intellectual property, and that you have all required rights or permissions necessary to incorporate Your Content into the Products. By placing an Order, you represent and warrant that you have all necessary permission, right and authority to place the Order and you authorize Contac to produce the Products on your behalf. Contac does not claim ownership of Your Content. However, by submitting Your Content, you grant to Contac, its affiliates, and sublicensees a royalty-free, perpetual, irrevocable, transferable, worldwide non-exclusive right to use or incorporate Your Content (in whole or in part) for the purpose of producing the Products. You also represent and warrant that the holder of any rights in Your Content, including any moral rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the Terms, the owner of Your Content retains any and all rights that may exist in such content.
The copyright to the Site, the design and appearance of the Site, and all of the material and the Site Content, other than Your Content, are owned by or licensed to Contac. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of the Site Content, including caching, framing, or similar means, from the Site or reproduction, distribution, use of any templates (except as permitted herein), without permission of Contac is expressly prohibited.
"Contac", "myhappyclient" and other Contac graphics, logos, publication designs, and service names are trade-marks of Contac or its affiliates or associates. All other trade-marks not owned by Contac or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Contac or its affiliates. The display of any trade-marks on the Site does not imply that a license has been granted to you or any other party for any further use.
Contac reserves the right to change any aspect of the Site including the right to refuse or remove any of the Site Content, whatever the source, at any time without any notice or liability to you.
Contac requires a full payment to process any Orders. Processing of an Order will not start until you have made payment with a valid credit card number, valid cheque, or cash fund. Contac will not be liable for any of delay in completing Orders due to your delay in payment.
You will defend, indemnify and hold Contac, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys' fees, relating to or arising from (a) the submission and use of Your Content; (b) your use of the Services and activities occurring using your account information; (c) any violation by you of the Terms; or (d) your violation of any third party rights. This obligation will survive the termination or expiration of the Terms and your use of the Services.
The links to other web sites will let you leave the Site. The linked sites are not under the control of Contac and Contac is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such third party websites. Contac is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any representation by Contac of the Site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, bugs, problems or other limitations. In no event shall Contac be liable to you for any claims or damages, whether direct, indirect, special or consequential or otherwise arising from or in connection with your use of any other linked web site, including without limitation, any lost profits, business interruption, loss of programs or other data, even if Contac was expressly advised of the possibility of such damages.
Where you submit or provide any comments, suggestions, proposals or other feedback (the "Comments") to Contac in connection with the operation or content of the Site, you hereby grant to Contac a worldwide, non-exclusive, irrevocable license under all of your right, title and interest in and to the in the Comments to use such Comments in any manner and on an unrestricted basis, without the right to any compensation or royalties from Contac and you waive any moral rights you may have in the Comments. Further, you irrevocably waive and agree never to assert any claims against Contac or any of its successors or assigns with respect to the Comments.
Any dispute relating to the Site or the Services shall be governed by the provincial laws of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles, and without reference to the UNCITRAL Convention on Contracts for the International Sale of Goods or the British Columbia International Sales of Goods Act. You and Contac agree to submit to the non-exclusive jurisdiction of the courts of British Columbia, Canada for any and all disputes, claims, and actions arising from or in connection with the Services or the Terms. Nothing in the Terms shall prevent Contac from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you over such subject matter.
THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTIONS 9 WILL SURVIVE ON A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR ANY OF THE REMEDIES CONTAINED HEREIN. Such disclaimers and limitations of liability apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
If Contac's performance of its obligations under the Terms is prevented, restricted, or interfered with by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labour disputes; inability to procure or obtain delivery of power, war or other violence; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond Contac's reasonable control, including, without limitation, any telecommunication services or any other services provided by a third party, Contac shall be excused from such performance to the extent of such prevention, restriction or interference. Contac will take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder with dispatch whenever such causes are removed.
If a court of competent jurisdiction determines that any part of the Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. The section titles in the Terms are used only for the parties' convenience and have no legal or contractual significance. Contac may assign the Terms, in whole or in part, at any time with or without notice to you. You may not assign the Terms or assign, transfer, or sublicense your rights, if any, in the Services. Contac's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Terms (including the Privacy Policy, and any other incorporated terms) constitute the entire agreement between you and Contac with respect to the Services. The Terms supersede all prior or contemporaneous communications of any kind between you and Contac with respect to the Services.
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