TERMS & CONDITIONS
Welcome to the Subban Defence League eStore website at www.pkssauthentics.com. This website is owned and operated by P.K.S.S. Management Inc. (“PK”, “we”, “us” or “our”).
Who Can Use Our Website?
You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our website and the services it offers. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from using our website and services directly, and a parent or guardian must make purchases on your behalf. By using our website, you represent and warrant that you have the right and authority to enter into these Terms. PK disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any of our website users.
Our website allows you to purchase authentic Subban Defence League, P.K. Subban, and P.K Subban Foundation branded products and merchandise, with all proceeds going to P.K. Subban Foundation, a registered Canadian charity.
You can view all of the products and merchandise we offer for sale in our online store. Once you have selected your options, you can add your item to your cart and will be asked to enter your payment details so we can complete your order.
Quantities of some of our products may be limited (e.g. a limited edition shirt which we only produce a certain quantity of), or limited for immediate delivery. While we make every effort to fulfil your order, due to high demand it may be the case that an item becomes out of stock during the order placement process. If a product you order is out of stock at the time you place an order, we will send you an email and you may elect to have it shipped on a subsequent shipment or request a refund. For items that are limited edition, we will notify you via email if your order cannot be placed and provide you with the option for a store credit or a refund.
Our website allows you to purchase our products and merchandise online. We use the services operated by Moneris Solutions Corporation (“Payment Processor”) as a payment gateway for processing purchase orders. Our Payment Processor is available to us with the necessary software and application-programming interface (API) that allows users to submit orders and make purchases. We have taken reasonable steps to ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations.
For more information about our Payment Processor and the security measures they employ, please see: https://www.moneris.com/.
When you make a purchase on our website, you agree to pay, and authorize our Payment Processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in Canadian Dollars (as indicated at the time of purchase) and are non-refundable except as required by law (or in accordance with our Return Policy below, if applicable). PK is not responsible for charges or foreign exchange rates applied by your credit card company, financial institution, or our Payment Processor in connection with any purchases that are made on or through our website. Exchange rates for foreign currency may differ between the day of the transaction and the day of the settlement of the transaction. You are responsible for providing complete and accurate billing and contact information to us.
Shipping & Delivery
Please see our Delivery Policy for more information about shipping and delivery methods and practices.
Returns and Exchanges
Return Policy - Damage
All fees paid are non-refundable, but we do offer a refund or exchange in the event you receive a damaged, defective or incorrect product.
If you wish to process a refund or exchange for a damaged, defective or incorrectly received product, you must contact a representative using our “Contact Us” page, and comply with the following terms and conditions:
Return Policy – Sizing
In the event that you purchase a product and wish to return the product in exchange for the same product in a different size, we will process this request if the following conditions are met:
If any of the conditions are not met, the product you purchased will be non-returnable. For clarity, you will not be entitled to a refund or store credit for any product you wish to exchange for a new size in the event the product in such new size is not available.
Except for public domain material, all works, content and material on and/or forming part of our website and the services we offer from time-to-time, including all text, information, links, graphics, images, recordings, layouts, audio, video, animation, logos, trademarks, service marks and trade names, and the design and arrangement thereof, and all source code, object code, and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by PK or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, edit, reproduce, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), make available, sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual components of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission. Requests for permission should be sent through our “Contact Us” page.
The trademarks, service marks or logos displayed on this website (collectively, the “Marks”) are registered and unregistered trademarks of PK or of our licensors. Nothing in these Terms for this website suggests or grants to you, by implication or otherwise, any license to use any Marks without the express permission of us, or the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website or services.
We welcome any feedback, comments or suggestions you might have to improve our website and services (“Feedback”)! You can submit Feedback us at any time through our “Contact Us” page. When you submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you or any third party.
Acceptable Use Policy
In order to experience all the products and services we offer on our website in a friendly environment, we have established the following rules of use. You agree you will not:
Engaging in prohibited conduct described above may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.
Links to Other Websites
Copyright Dispute Policy under the Copyright Act (Canada)
If you believe that material or content that resides or is accessible on or through the website infringes a copyright, please send a notice of claimed infringement to PK, either by email at [email protected] or by mail to the following address: P.K.S.S. Management Inc. 14-3650 Langstaff Road, Suite #364, Woodbridge, ON L4L 9A8. The notice should contain the following information:
The notice may not contain any of the following:
If the notice is not compliant with these requirements, PK will have no legal or other obligation to take any action in relation to the claimed infringement.
If a proper bona fide infringement notice is received in accordance with these Terms, it is PK’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that PK has removed or disabled access to the material; and where PK deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the website and/or Content.
Digital Millennium Copyright Act ("DMCA") Notice (United States)
P.K.S.S. Management Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our website contains materials of third parties and links to third party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our website or are stored or transmitted by or over our website. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), we will respond expeditiously by disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our website.
How to Provide Notice of Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PK’s Agent for Notice listed below with the following information in a written notice:
PK’s designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: P.K.S.S. Management Inc.
Name of Agent for Notice: Copyright Agent
By mail: 14-3650 Langstaff Road, Suite #364, Woodbridge, Ontario L4L 9A8
By phone: 1 (905)-558-0666
Email: [email protected]
Internet Software or Computer Viruses
Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the website. Due to the ability of third parties to share certain content and materials, computer viruses or other destructive programs may also be downloaded inadvertently from the website or transmitted inadvertently through any third-party sites that you access on or through our website. PK recommends that you install appropriate anti-virus or other protective software.
PK is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of our website or your access, download, or other acquisition any Content or other information.
General Disclaimer and Limitation of Liability
THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW AND WITHOUT LIMITING THE FOREGOING, PK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. PK DOES NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PK DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL PK BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE OR SERVICES. PK DOES NOT MONITOR ALL ACTIVITY OCCURRING ON THE WEBSITE, BUT RESERVES THE RIGHT TO DO SO.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING THE FOREGOING, PK AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF PK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you. In such cases, PK’s liability will be limited to the fullest extent permitted by applicable law.
If you are dissatisfied with any portion of the website or services, or with these Terms or any other policy applicable to the website or services, your sole and exclusive remedy is to discontinue using the website and services. This limitation of relief is a part of the bargain between you and PK.
You agree to indemnify, defend and hold PK and our respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys' fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of this website, the products and services it offers, and/or breach of these Terms or your violation of any law or the rights of such third party.
These Terms and your use of our website and services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario without regard to applicable conflicts of laws provisions. By using our website or services, you hereby waive any objection to jurisdiction and venue in such courts
Any cause of action or claim you may have with respect to these Terms or our services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
We have absolute discretion to determine if any use violates these Terms and to take action as we deem appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, or make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular internet address. We may terminate or suspend a user’s access to all or part of the website, without notice, for any conduct that we believe (in our sole discretion) is in violation of these Terms or any applicable law, or is harmful to the interests of another user.
If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and PK in connection with your use of our website and services.
Updates to the Terms
We may update these Terms from time to time and without prior notice. If we make any changes, we will post an updated copy of these Terms on our website. If there are any material changes, we will notify you as required by law. Please check our website regularly for updates. Your continued use of our website and services means that you agree to be bound with the updated Terms, as amended.
General Legal Terms
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by PK and obligations assumed by you, except with PK’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.
The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms, together with any additional terms and conditions presented to you at the time of your use of our website or Content, constitute the entire agreement; there are no representations, covenants, or other terms other than those set out thereunder, and supersedes any previous discussions, understandings, or agreements, between the parties relating to its subject matter.
For More Information
Our Communication With You
If you have opted-in to receive our newsletter, purchase a product through our online store, or submit an inquiry to us, you consent to receiving promotional messages and newsletters from us. If you choose not to opt-in or choose to opt-out, the remainder of these Terms will continue to apply to your use of this website.