WEBSITE USE
This spiffo.com website (the “Website”), is owned and operated by iProfit Network Incorporated (hereinafter referred to collectively as “Spiffo!” or “IPN” or “the Company” or “Ourselves” or “Our” or “We” or “Us”). Any person accessing or using the website and any associated webpages (collectively, the Website”) is referred to as “you”.
The spiffo.com website is operated strictly for your personal and non-commercial use of information. By using the Website you accept and agree to be bound by these Terms & Conditions, our Privacy Policy and other such policies, which together constitute the entire agreement between us.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE (INCLUDING YOUR PURCHASE OF PRODUCTS USING THE WEBSITE) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AT THE TIME YOU ACCESS THE WEBSITE (INCLUDING THOSE TERMS AND CONDITIONS RELATING TO THE PURCHASE OF PRODUCTS). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
We reserve the right to change, modify, alter, add, remove or otherwise update the Terms & Conditions applicable to this Website without prior notice at any time, for any reason, at our sole discretion. We will not notify you of any such changes, modification, alterations or updates to this Website. By continued use of the Website, you will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
We do not guarantee that the Website, or any of its content, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all parts of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period. We further reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
YOUR ACCOUNT
By registering on this Website you agree to be responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your account. You agree to be responsible for all activities that occur under your account or password, and take all necessary precautions to ensure that the username and password is kept confidential and secure.
Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
You agree that the details you provide us with on registration are correct and complete and to inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the ‘My Account’ area of the Website.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our discretion, at any time.
AGE RESTRICTIONS
The Website is intended for use by adults of legal age only (i.e. those aged 18 or over). By purchasing products using this Website you represent that you are of legal age to enter into any purchase agreement through this Website and become bound by its terms. If you are under legal age, you may use this Website only with the involvement of a parent or guardian. We do NOT knowingly collect information from children under the age of thirteen (13).
LINKS TO OTHER SITES
From time to time we may include links from our Website to sites that are owned by entities that are not affiliated with Spiffo!. Spiffo! does not operate or control the content of these third party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on the Website, you do so at your own risk. When you click on the link from our Website to the other site, you actually leave our Website. Spiffo! expressly disclaims any liability for any issues you may experience while you are visiting any other site(s).
PRODUCT PRICING
Products are invoiced in Canadian Dollar (CAD) at the price prevailing at the time you place your order. Where prices are displayed in alternative currencies on this Website, these are for reference purposes only and local prices may change according to current currency rates. Whilst we try and ensure all details, descriptions and prices are correct when appearing online, some products might be subject to slight variations. Errors and omissions excluded.
Delivery charge is an additional cost. Please refer to our Shipping & Delivery information for full details.
Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased in any store or by any other means. We reserve the right to update prices displayed on the Website at any time.
DUTIES, TAXES, IMPORT AND BROKERAGE FEES
All Canadian orders are subject to sales tax, use tax, goods and services tax (GST), harmonized sales tax (HST) and any other taxes, duties or charges that may be associated with the order of which may be charged in their jurisdiction.
Duties, taxes, import/export and brokerage fees associated with the import/export of any goods shipped to destinations outside of Canada are the sole responsibility of the customer. Please check with your local customs authority and confirm such fees prior to ordering.
If a shipment is returned or refused due to non-payment of such fees, the actual shipping fees, any penalties imposed by the carrier and a restocking fee of 15% will be deducted from any refund owed, or billed to the customer.
SALES, SPECIAL OFFERS AND PROMOTIONS
From time to time we may run sales, special offers and promotions. All such sales, special offers and promotions are on in-stock items only, on a first come first serve basis and while quantities last. We do not offer rain checks or substitutions on items that are not in stock.
COUPON CODES
Any Coupon Codes (also known as Discount Codes, Promotion Codes, Promotional Codes, Promo Codes and Promotional Discounts) that we may issue are subject to the following restrictions (unless we specify otherwise):
- Void in any jurisdiction where prohibited
- Automatically expire on the date stated and can only be used until that time
- Must be used during checkout process, if you have the coupon code, you can enter it in the “Coupon Code” box
- Cannot be applied retrospectively to previous orders
- Can only be used to purchase product(s) that we provide coupon codes for, and until quantities last
- Do not apply to product(s) on sale, special price, or on clearance
- Only apply to the full price product(s)
- Do not apply to taxes, duties, shipping, handling charges, or any other charges
- We reserve the right to change or cancel any coupon codes without notice, at any time.
TERMS OF PAYMENT
Payments can be made by credit card or account balance via the secure PayPal payment portal. PayPal accepts all major credit cards from Visa, Mastercard, American Express and Discover as well as your Account Balance. You DO NOT have to have a PayPal account to pay by credit card.
Since we use PayPal as our payment processor your credit card details are not kept on our servers or Website, nor are they accessible to us.
Please note that we cannot guarantee the security of data when communicating with us via email. Accordingly, please do not send us payment information using email. We will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide us with when placing an order.
WHEN YOU SUBMIT AN ORDER TO US THROUGH THIS WEBSITE YOU REPRESENT AND WARRANT THE PAYMENT DETAILS PROVIDED ON YOUR ORDER ARE VALID AND CORRECT AND WHEN YOUR ORDER IS ACCEPTED AND PROCESSED PAYMENT WILL BE MADE IN FULL.
PRODUCT INFORMATION
We have made every attempt to display the colours, specifications, dimensions and descriptions of items on the Website as accurately as possible. However, we do not warrant that all product descriptions and other content is accurate, complete, reliable, current or error-free as they are updated frequently and changed without notice from time to time. We are not responsible for typographical errors with regards to the price and product related information. The product and its related packaging may differ from what is shown on the images on the Website.
Images are for illustration purposes only. The colours you see will depend on the resolution of your monitor. We cannot guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered.
We reserve the right to limit the provision and quantity of any feature, product or service to any person or geographic area. If we believe that any or all products your order contains could be prohibited in your geographic area or jurisdiction we reserve the right to cancel your order. By choosing to access this Website from outside of Canada you are responsible for ensuring that the Website and material available on or through it are legal in each jurisdiction in or through which you access or view the Website or such material.
Availability of some products may be limited and/or products may not be available for immediate delivery. We may cease or revise products to make them available at any time without prior notice. In the event that we are unable to deliver a product due to availability issue, we will notify you by e-mail, and your order will be partially revised or completely cancelled.
ORDER CANCELLATIONS
In the event that you want to cancel an order that you have placed with us, please notify us immediately. Once an order has been shipped, it cannot be cancelled. We attempt to process orders in a timely manner so it may not always be possible to prevent an order from being processed and shipped. If your order has already been shipped you may return the items to us in accordance with our Return Policy (below).
An order is considered to be processed once it has been packaged and a shipping label created, and the shipping manifest is transmitted electronically to the carrier.
If the order you wish to cancel has been processed we will refund the purchase price for that item minus the shipping charge. Shipping cost is not refundable once we have paid for postage.
In the event that you have benefited from a free shipping offer, we will deduct the initial shipping cost it has cost us to ship your package and subtract it from the total amount stated on your order.
If the order was paid for by credit card, a fee of 5% will be charged as an administrative fee to cover transaction fees we incur in processing the payment and refund. If the order was paid for by PayPal then PayPal will deduct a fee for issuing the refund and you will receive a refund of the amount paid less any applicable PayPal fees and less a $1.00 fee to cover costs incurred as part of PayPal’s fixed fees that are not refunded and for processing the refund.
RETURN POLICY
If for any reason you are unsatisfied with your order you may return it unopened, unused, in its original condition and packaging for a refund. All such refunds will be issued less any shipping costs, and will be subject to a restocking fee of 15%. Orders that qualified for Free Shipping will be refunded less the actual shipping fee it cost us to ship your package.
If you receive an item that is different from what you ordered, defective, or not as stated on your order list, please contact us within 7 days of receipt of order. We will assess every item returned and determine if a refund or replacement is required. We will make every effort to correct such errors as quickly as possible.
If you refuse an order on delivery we will deduct the actual shipping fees, the return shipping cost and a 15% restocking fee from any refund owed to you.
We do not accept returns on used or opened product, products without original packaging, or packaging that is not in its original shipped condition, products that are on clearance, products where it’s mentioned in their description that no returns accepted.
All returns must be accompanied by a Return Authorization Number (RMA) provided by us. To obtain a Return Authorization Number please contact us within 7 days of receipt of order and provide the following:
• Name and Address as it appeared on your order
• Order Number
• Item number and description of the product you are returning
• Reason for returning the item
All requests for Return Authorization Number must be made within 7 days of receipt of order. All returns must be received within 21 days of receipt of order.
You are responsible for returning and paying in full the return shipping cost on product(s) you wish to return. Please ensure that all items shipped back to us are packaged appropriately to avoid damage during shipping and are shipped using your preferred shipping method. We encourage you to use a method that allows for item tracking and deliver notification. We are not responsible for any items received damaged or lost during shipping and will not issue a refund in these cases. We do not accept items returned C.O.D.
EXCHANGE POLICY
Currently we do not offer product exchange. Items may be returned according to our Return Policy above.
RISK OF LOSS
All items purchased from spiffo.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
QUANTITY LIMITS AND DEALER SALES
Spiffo! reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Spiffo! account, the same credit card, and also to orders that use the same billing and/or shipping address. Spiffo! will provide notification to the customer e-mail and/or billing address should such limits be applied. We also reserves the right to prohibit sales to dealers, wholesalers and re-sellers.
PRIVACY POLICY
Our privacy practices respecting the information we collect during your visit to this Website or in the context of a purchase transaction are explained in our Privacy Policy section. The Privacy Policy is part of the Terms & Conditions. By continued use of the Website implies that you acknowledge that you have read our Privacy Policy and agree to its terms and that you consent to the use of your personal information and the content which you provide us through our Website and any social networking pages, in accordance with the terms of and for the purpose set forth on our Privacy Policy, as same may be amended from time to time.
CONTENT & INTELLECTUAL PROPERTY RIGHTS
Spiffo!, spiffo.com, its products and content is protected by national intellectual property. You are only allowed to use content found on this Website as expressly agreed to by Spiffo!. Any reproduction or redistribution of our products and content may result in civil and criminal penalties.
In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. We cannot promise the functions within the Website i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.
You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and Spiffo!. You will not express yourself as an employee, agent or representative of Spiffo! and we are not liable for any representation, act or omission on your part.
Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trade-marks, trade dress, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Website, are protected by copyright, trade dress, and/or trade-mark laws of Canada and other jurisdictions, and all worldwide rights, title and interest in and to the Website and content are owned controlled, and/or licensed by Spiffo!.
Please note that certain trade-marks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
Spiffo! and all related names, logos, product and service names, designs and slogans are trade-marks of Spiffo! or its licensors. Such marks cannot be used without the prior written permission of Spiffo!. You may also not use any meta tags or any other “hidden text” utilizing Spiffo!’s trade-marks or related names or slogans.
Subject to the Terms & Conditions, we hereby grant you a limited, personal, revocable, non-transferable and non-exclusive license to view and use this Website and its Content, but only while accessing the Website, and only for the purpose of accessing Product information for your personal review, shopping for and/or purchasing personal items sold on the Website, and not for any commercial use or for any third party, except where explicitly permitted by us in advance in writing.
No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as otherwise provided herein, nothing in these Terms and Conditions shall be construed as conferring, in any way whatsoever, any license or right including but not limited to copyright, patent, trade-mark or other intellectual property or right of Spiffo! or any other person or entity. All rights not expressly granted in these Terms & Conditions are reserved to Spiffo!.
Notwithstanding the foregoing, Spiffo! authorizes you to make one electronic or paper copy of the information posted on any page of this Website provided that the copy is used solely for personal and non-commercial purposes and provided that in each and every case such copy remains protected by all copyright, trade-mark, service mark and other proprietary notices and legends contained on the Website. The foregoing license contained in this paragraph does not include: (i) any resale of this Website, content or any other materials contained herein, (ii) any collection of product listings, descriptions or prices, (iii) any other derivative use of this Website, content or other materials contained herein, (iv) any downloading of copying of information for the benefit of any merchant, or (v) any use of data mining, robots, or similar data gathering and extraction tools.
The content may contain omissions, errors, or may be out of date. The content is provided for informational purposes only and Spiffo! is under no obligation to keep the content updated. Spiffo! may, in its sole discretion, change, delete, update, modify or otherwise alter the content at any time without providing notice to you.
Any use of the Website in violation of these Terms & Conditions may result in termination or suspension of your permission to use the Website, and an immediate revocation of any license(s) granted in these Terms and Conditions without notice to you.
PROHIBITED USES
Neither the spiffo.com Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Spiffo!, except that you may download, display and print the content presented on spiffo.com for your personal, non-commercial use only. Unauthorized use of spiffo.com and/or the content contained onspiffo.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Website. The use of such content on any other Website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The spiffo.com Website is not intended for use by children under the age of 13. Use of the spiffo.com Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Spiffo! and without any liability whatsoever, Spiffo! at any time and without notice may terminate or restrict your access to any component of spiffo.com.
USER GENERATED CONTENT
By submitting content, you warrant that you have full right and authority to submit that content, and that you have sole copyright and proprietary right over that content. You may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.
MAXIMUM LIABILTY
If, notwithstanding the foregoing, Spiffo! or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of spiffo.ca or its content, the liability of Spiffo and the Third Parties shall in no event exceed in the aggregate $250 CAD.
CONSTRUCTION
The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom. These Terms & Conditions will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Spiffo! unless reduced to writing and signed by an authorized Spiffo! representative. If any provision of the Terms & Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms & Conditions and the application of that provision in other situations shall not be affected.
DISCLAIMER
THIS WEBSITE IS PROVIDED BY SPIFFO! ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPIFFO! MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE OR SERVICES PROVIDED THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SPIFFO! DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPIFFO! DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS WEBSITE AND THAT THIS WEBSITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SPIFFO! AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS WEBSITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (5) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPIFFO! HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEBSITE.
GENERAL
Except for any additional terms incorporated into any purchase made through this Website, this Agreement represents the complete agreement between you and Spiffo! in relation to the use of this Website and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Spiffo! to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Spiffo!’s rights with respect to such breach or any subsequent breaches. Spiffo! shall not be liable for any delay or failure to perform any of its obligations under these Terms & Conditions if such delay or failure is due to causes beyond its control. You may not assign these Terms & Conditions to any third party without the prior written consent of Spiffo!. These Terms & Conditions will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Spiffo! and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Spiffo! or relating in any way to your use of the Website or a purchase made on the Website will be in the courts located in the City of Halifax, in the Province of Nova Scotia unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.