Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) apply to the Park Bay Media Inc. Website located at https://parkbaymedia.com (“Website”).
The “Website” is owned and operated by Park Bay Media Inc. The terms “Park Bay Media” or “Website” or “Us” or “We” or “Our” or “the Site”, refer to Park Bay Media Inc., the owner and operator of the Site. Your use of this Website or services offered on this Website is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our Website. Your use of this Website constitutes your binding acceptance of and agreement to these Terms, including any modifications that we make. Park Bay Media provides these Website features to you subject to the following conditions. If you visit this Website or make a purchase from the Website, you accept these conditions. Please read them carefully.
When you visit this Website or send an email to Park Bay Media, you are communicating with Park Bay Media electronically. You consent to receive communications from Park Bay Media electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
All content included on the Website, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Park Bay Media or its content suppliers and protected by Canadian copyright laws. All software used on this Website is the property of Park Bay Media or its software suppliers and protected by Canadian copyright laws.
LICENSE AND WEBSITE ACCESS
Park Bay Media grants you a non-exclusive limited license to access and make personal use of this Website but not to download (other than page caching) or modify it or any portion of it, except with express written consent of Park Bay Media. This license does not include any resale or commercial use of this Website or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Park Bay Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Park Bay Media without express written consent. You may not use any meta tags or any other “hidden text” utilizing Park Bay Media’s name or trademarks without the express written consent of Park Bay Media. Any unauthorized use terminates the permission or license granted by Park Bay Media. The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties is strictly prohibited without prior written approval. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
The Website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of Park Bay Media, it’s Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. You may only use the Website in the manner described specifically in this Agreement.
ACCURACY OF INFORMATION
The information in this Website is given in good faith and is subject to change without notice. Park Bay Media is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy. The information in this Website should not be relied on and does not constitute any form of advice or recommendation. By using this Website you confirm that you have not relied on any such information.
PRODUCT AVAILABILITY, PRICES AND ORDERS
Park Bay Media endeavours to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, Park Bay Media reserves the right to change the prices, fees and charges regarding the goods and services available through the Website at any time and from time to time without any notice or liability to you or any other person.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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 any time 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 Service will be corrected.
Also, Park Bay Media cannot guarantee that goods or services advertised on the Website will be available when ordered or thereafter. Park Bay Media also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order goods or services for which the price was incorrectly displayed, Park Bay Media will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, Park Bay Media will notify you by email. Park Bay Media reserves the right to limit quantities sold.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from our suppliers, Park Bay Media shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Park Bay Media shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Park Bay Media shall issue a credit to your credit card account in the amount of the charge.
Upon placing an order to purchase a product(s) and/or service(s) from Park Bay Media, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents purchase of a product and/or service which is accepted by us when the goods are paid for in full. Any products and/or services on the same order which we have not been able to dispatch will be refund due to a product and/or service not being available.
If you wish to cancel an order, you may request a cancellation by contacting Customer Service at (844) 428-8182 or email@example.com. However, cancellation fees may apply or Park Bay Media may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
Every transaction through the Website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the Website or by participating in a transaction through the Website, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement.
All payments are processed through PayPal or Stripe. For PayPal terms and conditions please refer to the following link: https://www.paypal.com/ca/webapps/mpp/ua/legalhub-full?locale.x=fr_CA For Stripe terms and conditions please refer to the following link: https://stripe.com/ca/terms
Please note that Park Bay Media does not store Credit Card information on its website nor its server.
For American customers duty fees may apply with the purchase of products.
RETURNS AND WARRANTY
Upon receipt, if you are not completely satisfied with your purchase from the Website and wish to return the purchase, you must contact Park Bay Media (firstname.lastname@example.org) within 10 working days from receipt of the goods. Please note that all item sales are final. Park Bay Media does not accept the return of products unless the product that was purchased is not the product that was received. In the chance that a return request has been accepted a 15% restocking fee of total purchase price, plus shipping fee (as well as customs fee if applicable) may apply. Park Bay Media is not in any way responsible for damaged products. Customers have to contact the manufacturers directly for warranty coverage. Damaged products may be covered by the manufacturer warranty depending on the brand of the product and reason of damage. Items that are damaged in transit will not be accepted back for a refund. Park Bay Media cannot be liable for lost-inbound packages.
Return policy of products is subject to change at any given time without prior notice. All Promotional Items are final sales, no returns or refunds will be accepted.
REPORTING MISSING/LOST PARCELS
If your parcel does not arrive on or before its scheduled delivery date, please allow an extra 1-2 days for it to be delivered. If it still has not arrived after this time, please reach out to our Customer Relations team at email@example.com and we will open a formal Shipping Carrier investigation to track down your parcel. Please note that as per Purolator & Canada Post’s policy, we are unable to open lost/missing parcel investigations after a 90 day period from the date of purchase and will not be able to assist with claims made outside that timeframe.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Website are provided by Park Bay Media and an ‘AS IS’ and “AS AVAILABLE’ basis unless otherwise specified in writing. Park Bay Media makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Website unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
To the full extent permissible by applicable law, Park Bay Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Park Bay Media does not warrant that this Website’s information, content, materials, products (including software) or services included on or otherwise make available to you through this Website; the servers; or email sent from Park Bay Media are free of viruses or other harmful components. Park Bay media will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software) or services included on or limited to direct indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, computer virus, communications line failure, theft or destruction of an unauthorized access to, alteration of, or use, whether for break of contract, tort, negligence or any other cause of action.
Park Bay Media reserves the right to do any of the following without notice: (1) to modify, suspend or terminate operation of or access to this Website, or any portion of this Website, for any reason; (2) to modify or change this Website, or any portion of this Website, and any applicable policies or terms; and (3) to interrupt the operation of this Website, or any portion of this Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The operation of the Website may be affected by numerous factors beyond Park Bay Media’s control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated. Park Bay Media is under no obligation to verify the identity of users of the Website. Through your use of the Website, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. Park Bay Media is not a party to any such transactions and disclaims any and all liability regarding all such transactions.
You understand that you, not Park Bay Media, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause annoyance, inconvenience or needless anxiety.
LOGIN NAMES AND PASSWORDS
Website accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Park Bay Media and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Park Bay Media representative. Also, passwords must be non-obvious, hard-to-guess, and confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify Park Bay Media of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Park Bay Media, and may be canceled or suspended at any time by Park Bay Media without any notice or liability to you or any other person. Park Bay Media is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must respond promptly to all email and other correspondence from Park Bay Media, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Park Bay Media with updated registration information and payment information within 30 days of any changes.
Park Bay Media will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Park Bay Media or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Park Bay Media may require a copy of a government-issued form of identification before making any changes to your registration information.
The Website may include advertisements for, and links to, other Websites or resources and businesses operated by other persons (“Other Websites”). Other Websites are independent from Park Bay Media, and Park Bay Media has no responsibility or liability for or control over Other Websites, their business, goods, services, or content. Links to Other Websites are provided solely for your convenience. Park Bay Media does not sponsor or endorse any Other Websites or their content or the goods or services available through those other Websites. Your use of Other Websites and your dealings with the owners or operators of Other Websites is at your own risk, and you shall not make any claim against Park Bay Media arising out of your use of any Other Websites or your dealings with the owners or operators of any Other Websites. As between you and Park Bay Media, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Websites and their business, goods, services, and content.
LINKING AND FRAMING THE WEBSITE
Links to the Website without the express written permission of Park Bay Media are strictly prohibited. To request permission to link to the Website, please contact firstname.lastname@example.org. Park Bay Media reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Website or any of its content in any form and by any method is strictly prohibited.
POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™ or Third Voice™ in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
Park Bay Media does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to Park Bay Media or the Website.
If you send Submissions to Park Bay Media or the Website you automatically grant (or warrant that the owner of the Submissions grants) to Park Bay media and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Park Bay Media or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Park Bay Media and its assigns.
Park Bay Media may cause software to be available for you to download from the Website or through other Websites, including Websites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Transaction Agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software Licence Agreement.
From time to time Park Bay media may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
GOVERNING LAW AND DISPUTE RESOLUTION
The Website is controlled by Park Bay Media from Montreal, Quebec Canada. This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Park Bay Media and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of Quebec and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Quebec, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon each of Park Bay Media and its Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Park Bay Media, which may be withheld in Park Bay Media’s sole discretion. Park Bay Media may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Park Bay Media are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.
Any rights not expressly granted by this Agreement are reserved to Park Bay Media.
This Agreement is subject to change without notice.
TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, you may no longer use the Website. Park Bay media may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website and your user password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Website is terminated by you or Park Bay Media for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your purchases of goods and services through the Website and anything connected with, relating to or arising from those matters.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.