Welcome to the Photo CDM website. This site contains several pages and is operated by Photo CDM Inc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE as its use and the sale of any products and services offered on the site are subject to the terms and conditions set out below (collectively, the “Conditions”).
By using this site, in whatever way, including navigating around it, activating an account with us or making a purchase, you acknowledge that you have read the Conditions and agree to comply with and be bound by them. Photo CDM reserves the right to change the Conditions at any time with no prior notification. If you continue to use the photocdm.com site, we will assume that you agree to the revised conditions of use. We would therefore ask you to ensure that you read them carefully each time that you use this site.
Please note that guidelines, policies and other terms and conditions of use and sale in force for online stores and other sites affiliated with Photo CDM or that shared advertising or information with the Photo CDM site may vary.
In addition, products, prices and promotions for stores, the website and flyers may also vary.
RESTRICTIONS ON PERSONAL AND NON-COMMERCIAL USE
You can copy the web pages on this site in electronic format or print them out on paper provided that this is done for personal, non-commercial and legitimate purposes and that any copyright, trademarks and other notices relating to Photo CDM property rights appear clearly within them. You may not copy, send, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the web pages and information (including any portion of them) obtained from this site, without express written authorization from Photo CDM. Photo CDM reserves all intellectual property and other property rights for items which can be copied electronically or printed from this site.
PROHIBITED OR ILLICIT USE
You guarantee Photo CDM that you will not use this site for any purpose that is either unlawful or prohibited by the Conditions. You agree not to use this site in any manner which could cause it to be disabled, damaged, overloaded or impaired or interfere with any other person’s use and enjoyment of this site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any items or information through any means not intentionally made available or provided for through this site. PHOTO CDM INC. FORMALLY PROHIBITS ALL UNAUTHORISED THIRD PARTIES FROM CREATING ANY LINKS TO PHOTOCDM.COM, including links to the home page or any other page in the photocdm.com domain.
EXCLUSIVE PROPERTY RIGHTS
“photocdm.com”, the logos and trademarks of Photo CDM, along with certain other names, words, logos, slogans, images, brands, trade names and trademarks used on this site are the property of their respective owners. You may not use, reproduce, copy or adapt these logos, trademarks, slogans, images, brands or trade names in any way without the prior written consent of the owner.
All the content on this site, including the images, information and design, photographs and illustrations as well as the sound, video, links to other sites, icons, graphical components, headers, text, data and software (collectively, the “content”) as well as the presentation, layout, coordination, development and the choice of this content are covered by intellectual property rights, including copyright, trademarks or other exclusive rights or licences held by Photo CDM or a member of the Cantrex inc. group or by third parties who have assigned their usage rights under licence to Cantrex inc. All these rights are expressly reserved.
PLEASE NOTE THAT ALL CONTENT ON THIS SITE IS SUPPLIED “AS IS” AND “AS AVAILABLE”. PHOTO CDM DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITIES OF PHOTO CDM, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE OR TO ANY SITE LINKED TO THIS SITE AS WELL AND ANY CONTENT CONTAINED IN THIS SITE, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; AND YOU HEREBY WAIVE ALL WARRANTY AND ANY CLAIM AGAINST PHOTO CDM IN THIS RESPECT, PARTICULARLY ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT PHOTO CDM NEITHER DECLARES NOR GUARANTEES THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION NOR THAT THIS SITE OR THE SERVER PROVIDING ACCESS TO THIS SITE WILL BE FREE OF ERRORS, DEFECTS, DESIGN FAULTS OR OMISSIONS, OR OF VIRUSES OR OTHER DAMAGING COMPONENTS.
PHOTO CDM DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION THAT YOU OBTAIN FROM US OR OWING TO THE SITE. PHOTO CDM MAKES NO REPRESENTATION THAT THE CONTENT PROVIDED CAN BE APPLIED OR USED IN LOCATIONS OUTSIDE OF CANADA.
LIMITATION OF LIABILITY
IN NO EVENT WILL Photo CDM Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ON ANY OTHER GROUNDS, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGE) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS SITE OR ANY CONTENT ON THIS SITE EVEN IF PHOTO CDM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH THIS SITE AND ITS CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PHOTO CDM TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby indemnify and hold harmless Photo CDM Inc., its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees incurred as a result of your use of this site.
To make purchases using this site, you must be an adult in the province or territory where you reside, at least 18 years of age, and you should undertake to pay all charges indicated as being your responsibility on this site. All prices specified on this site are shown in Canadian dollars and all charges will be handled in Canadian dollars. In addition, any products ordered or purchased using this site may only be ordered or purchased for non-commercial and legal purposes; any other use is not permitted. Photo CDM reserves the right to limit the quantity of certain products that you can purchase using this site. In addition to any other rights or remedies, Photo CDM may, at its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this site at anytime.
“Errors, inaccuracies or omissions”
Photo CDM will make every effort to ensure that the content on this site is complete and accurate. However, it does not guarantee that the information contained herein is free of errors, inaccuracies or omissions. These errors, inaccuracies or omissions may relate to the price, description or availability of products. Photo CDM reserves the right to correct any error, inaccuracy or omission or to change or update the content with no prior notification. In addition, Photo CDM reserves the right to refuse or cancel any orders containing an error, inaccuracy or omission, whether the order has been sent, confirmed and/or charged to your credit card or not. If the purchase has been charged to your credit card and your order is cancelled, Photo CDM will refund the amount charged to your credit card immediately. If you are in any other way dissatisfied with your purchase, you can return the item to the Photo CDM store where the purchase was made. Please also refer to our Returns policy.
Please note that all prices specified on this site apply only to online purchases and may not be matched at Photo CDM retail outlets. Similarly, all prices in force at Photo CDM retail outlets may not be matched for online purchases using this site. In addition, Photo CDM will charge sales tax for products ordered on this site using the federal and provincial harmonized sales tax rate applicable where the the order is shipped. Please also refer to our Pricing policy.
Please note that whilst Photo CDM attempts to represent the colour of products displayed on this site as accurately as possible, we cannot guarantee that the colour that you see is that of the product, as the representation of the colour depends, in part, on the type of screen used.
Where Photo CDM offers shipping or delivery services, it will make every effort to ship or deliver any product ordered as quickly as possible and within the timescales specified, as appropriate. However, you accept that Photo CDM may not be held liable for any delay in shipping or delivery. Where delivery is delayed, Photo CDM will notify you of this fact as soon as possible.
PHOTO CDM DOES NOT ENDORSE OTHER WEBSITES ASSOCIATED WITH THIS SITE
This site may contain links to other websites; these links will be provided to you as a convenience. Please note that by providing these links, Photo CDM does not endorse other websites associated with this site. All these other websites are entirely independent of this site and of Photo CDM, and Photo CDM has no control or influence over these other sites, including their content. If you visit one of the websites associated with this site, we would request that you immediately read the terms and conditions of use as well as the associated privacy and security policies.
These Conditions, along with the Pricing policy, Returns policy and the Confidentiality section of this site, constitute the entire agreement between Photo CDM and the user with regard to this contract, and they replace all other prior or existing electronic, verbal or written communications between Photo CDM and the user in this respect. In the event of inconsistencies between these Conditions and the Pricing or Returns policy, these Conditions will prevail.
These Conditions are considered to be independent of each other. Where a provision in these Conditions is considered to be unenforceable or invalid, it will nevertheless be enforced to the greatest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other provision.
The Conditions and use of this site, including any order or purchase made as a result of this site, are governed by Québec provincial law and the Canadian laws in force in this province. The United Nations Convention on the International Sale of Goods does not apply.