Terms and Conditions

OVERVIEW

This website is operated by GRADWEAR LIMITED (“GRADWEAR”).

Throughout the site, the terms “we”, “us” and “our” refer to GRADWEAR. GRADWEAR offers this website, including all information, tools, products and services available from this site (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

GRADWEAR is a non-school sanctioned business and is not associated to any school or institution.

By visiting our site and/or purchasing a product from our store, you engage in our Services and agree to be bound by the following terms and conditions (“Terms and Conditions”), as may be amended from time to time, and including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all these Terms and Conditions, then you may not access the website or use our Services.

Any new features or tools which may be added to our store shall also be subject to the Terms and Conditions.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our Services including to sell our products to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms and Conditions, 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.

GRADWEAR does not sell products or Services to individuals under the age of majority, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Services only with involvement of a parent or guardian. GRADWEAR reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

All orders are based on the information you provide. GRADWEAR will not be held liable for spelling mistakes or other incorrect information that you provide.

You may not use our Services 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 and Conditions may result in an immediate termination of the Services.

SECTION 2 - PRODUCTS OR SERVICES

You acknowledge that if you have opted for your order to be shipped to a school representative, GRADWEAR will not be responsible for order distribution after it has been shipped to the school representative.

Allow 5-7% shrinkage for any clothing ordered.

If your measurement falls between sizes, please order the larger size.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors, designs, and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Design and colours may vary slightly from the computer generated mock-up as shown when you place your order.

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. 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 any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of GRADWEAR, or its affiliates, in Canada and other countries. GRADWEAR's trademarks and trade dress may not be used in connection with any product or service that is not GRADWEAR's or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GRADWEAR or its affiliates. All other trademarks not owned by GRADWEAR or its affiliates that appear in any of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GRADWEAR or its affiliates. 

The design tools provided on in the design lab/tool employ a limited number of elements, including icons, fonts, colour schemes, and design effects. GRADWEAR reserves the right to use all designs and elements created by you and to make all such designs and elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other GRADWEAR customers may use your design and elements to create logos that have similar or identical combinations of these elements and GRADWEAR does not guarantee that your design will not have similarities to designs used by other parties. Although GRADWEAR attempts not to infringe on other party’s intellectual property rights and will not produce any Product that to GRADWEAR’s knowledge infringes intellectual property’s rights, GRADWEAR provides no warranty of any kind that designs created will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

SECTION 3 – RETURNS, EXCHANGES AND SHIPPING

Products sold are customized decorated apparel. All sales are therefore final. No returns. No refunds.

All orders are based on the information you provide. GRADWEAR will not be held liable for spelling mistakes or other incorrect information that you provide.

Exchanges may be possible, at the discretion on GRADWEAR, where product delivered is defective at time of delivery only. If your product is defective, send us an email to info@gradwear.ca with details of the defect and a picture, and ship your product to: 227 Kinloch Court Ottawa Ontario CA K2J 5S9, within thirty (30) days of your receipt of the defective product. 

You are responsible for paying for your own shipping costs for returning your defective item. Shipping costs are non-refundable.

Depending on where you live, the time it may take for your replacement product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned defective item. 

SECTION 4 - 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 Services, use of the Services, or access to the Services or any contact on the website through which the Services are 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 and Conditions.

SECTION 5 - 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 6 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (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 the Services. 

SECTION 7 - 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 8 - 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 on an ”as is” and “as available” basis 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 and Conditions.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Services 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 10 - 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 and Conditions.

You agree that your order 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 order 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 Services 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 orders. 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 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services 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 Services 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 Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or the Services: (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 Services 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 Services or any related website, other websites, or the Internet. We reserve the right to cancel your order, terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

The laws of certain jurisdictions, including Quebec’s consumer protection act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights. 

You expressly agree that your use of, or inability to use, the Services is at your sole risk. All products and services delivered to you through the Services 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 GRADWEAR, 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 Services, or for any other claim related in any way to your use of the Services 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 Services 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 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GRADWEAR 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties herein shall survive the termination of the Services for any reason.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, we also may terminate these Terms and Conditions 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 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Services 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 and Conditions). 

SECTION 19 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario.

SECTION 20 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@gradwear.ca.

School Representative

In addition to GRADWEAR’s Terms and Conditions which you agree to be bound by, you also agree to be bound by the following: 

SECTION 1 – SCHOOL REPRESENTATIVE ADDITIONAL TERMS AND CONDITIONS

As a school representative, you agree to be responsible for all orders you place with GRADWEAR.

You will not hold yourself as an employee or representative of GRADWEAR. You will not bind GRADWEAR to any commitments or expenses unless specifically authorized to do so by the GRADWEAR in writing and in advance.

You will be provided with an order deadline. You acknowledge that orders are only manufactured after the order deadline.

All orders will be shipped to you 4-6 weeks after the order deadline. It is your responsibility to verify the order upon receipt and to distribute the items ordered to the respective students. If you have other people placing and processing orders under your team or direction, you are solely liable for their actions. 

School representative can design custom logos, school initials, colours, embroidery, etc. but all designs must be pre-approved in writing by GRADWEAR prior to you placing your order. For clarity, GRADWEAR will not authorize any designs that breach intellectual property rights. If your school provides authorization to use proprietary marks, please send written confirmation of same by a person authorized to bind the school to info@gradwear.ca for approval by GRADWEAR, prior to placing your order.

The decoration of any Champion® garment with the proprietary marks, names, or logos of any collegiate sports team or collegiate institution is expressly prohibited, unless GRADWEAR pre-approved the written authorization by the proprietary marks’ owner. 

SECTION 2 – COMMISSION AND TAXES

You or your school, as applicable, will be paid 10% commission based on the total order amount (exclusive of the taxes and shipping costs charged). Payment will be made upon receipt of the executed invoice generated upon placing the order. GRADWEAR will not pay consumption taxes such as Harmonized Sales Taxes (“HST”) on the commission amount, unless you advise that consumption taxes are applicable and include your or your school’s valid consumption taxes number on the generated invoice. 

You are responsible for your own business registration, HST and other tax registration, HST and other tax remittances, income tax remittances, Canada Pension Plan remittances, insurance coverage, business expenses, business cards, licenses, fees, and dues, if any.  You agree to indemnify and save GRADWEAR harmless from any claims made against GRADWEAR with respect to the foregoing. 

SECTION 3 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GRADWEAR 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 GRADWEAR’s Terms and Conditions, these additional terms, or your violation of any law or the rights of a third-party.

SECTION 4 – GRADWEAR’S LIMITED LIABILITY

GRADWEAR’s liability to you with respect to a claim against GRADWEAR is limited to direct damages only and GRADWEAR will not have any liability whatsoever for consequential or indirect loss or damage (such as, but not limited to, claims for loss of profit, revenue, production, business, contracts or opportunity and increased cost of capital, financing or overhead) incurred by you.