This agreement applies as between you and World Rock Paper Scissors Association of 100 Metcalfe Street, Suite 200 Ottawa, Ontario, Canada, K1P 5M1 (hereinafter “WRPSA”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services.

  1. Terms of use
  2. The provisions set out in these Terms govern your access to and your use and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
  3. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
  4. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
  5. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
  6. you shall ensure that all Users of your Account abide by these Terms.
  7. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
  8. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
  9. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
  10. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
  1. Uploading content to our website
  2. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, GDPR Compliance Statement, the PIPEDA or GDPR as applicable and any other applicable laws.
  3. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
  4. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
  5. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
  6. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  7. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the website.
  8. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under Canadian law.
  9. We have the right to delete any content uploaded to our website if, in our opinion, it does not comply with the content standards set out.
  1. User generated contributions
  2. The Website may invite you to chat, contribute to, upload or share video/audio or participate in blogs, message boards, forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, share or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
  3. Contributions may be viewable by other users of the Website and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  4. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  5. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms and Conditions.
  6. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions.
  7. your Contributions are not false, inaccurate, or misleading.
  8. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  9. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  10. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  11. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  12. your Contributions do not violate any applicable law, regulation, or rule.
  13. your Contributions do not violate the privacy or publicity rights of any third party.
  14. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  15. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  16. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  17. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
  18. Any use of the Website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website.
  1. Contribution License
  2. By posting your Contributions to any part of the Website or making Contributions accessible to the Website by linking your account from the Website to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
  3. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
  4. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website.
  5. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
  6. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
  1. Prohibited Uses
  2. You may use our website only for lawful purposes. You may not use our website:
  3. in any way that breaches any applicable local or international laws or regulations;
  4. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  7. You also agree:
  8. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
  9. not to access without authority, interfere with, damage or disrupt:
  10. any part of our website;
  11. any equipment or network on which our website is stored;
  12. any software used in the provision of our website; or
  13. any equipment or network or software owned or used by any third party.
  1. Intellectual Property
  2. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of WRPSA, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Canadian and International intellectual property and other relevant laws.
  3. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by WRPSA.
  1. Basis of Order and Acknowledgement
  2. The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).
  3. Minimum order quantities and/or values may apply at our discretion.
  4. You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.
  5. A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
  6. We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.
  1. Products Descriptions and Prices
  2. We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
  3. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
  4. All prices quoted are in CAN$.
  1. Purchases
  2. To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us. To place an Order you will have to select the Products on the Site, and finally click on the “Place Order” button. We will not accept Orders placed in any way other than as detailed above.
  3. When you place an Order, we will confirm receipt of your Order.
  1. When Orders are not accepted
  2. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
  3. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
  1. Cancellation of Orders
  2. WRPSA reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. WRPSA may do this for example, but without limitation, where:
    1. WRPSA’s suppliers are unable to supply Products that they have previously promised to supply;
    2. an event beyond WRPSA’s control, such as storm, fire, flood or failure of computer systems, means that WRPSA is unable to supply the Products within a reasonable time;
    3. Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
    4. you ask WRPSA to cancel your Order; or
  3. You may cancel your Order where WRPSA:
    1. has breached a material term of this Agreement;
    2. is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside WRPSA’s control.
  4. Where WRPSA cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
  5. In the event of WRPSA or you are cancelling your Order after payment has been processed, WRPSA will refund any money paid in respect of that Order.
  6. Except to the extent otherwise required by law or as expressly set out in these terms and conditions, WRPSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
  1. Availability of Products

As WRPSA is dependent upon its Suppliers to provide stock, WRPSA cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. WRPSA reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, WRPSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. Passing of Risk and Title

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

  1. Chargebacks

You agree to contact WRPSA prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through WRPSA, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

  1. Warranty
  2. We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.
  3. We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, willful or accidental damage; (iv) the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.
  4. Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
  1. Exclusion and Limitation of Liability
  2. These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
  3. In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product.
  4. We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
  5. To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
  6. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  1. Accuracy of Billing and Account Information
  2. 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. 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 judgement, appear to be placed by dealers, resellers or distributors.
  3. You agree to provide current, complete and accurate purchase and order information for all purchases made at our store.
  4. You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  1. Privacy
  2. For the purposes of applicable data protection legislation, WRPSA will process any personal data you have provided to it in accordance Privacy Policy available on the WRPSA website or on request from WRPSA.
  3. You agree that, if you have provided WRPSA with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to WRPSA and (ii) that you have brought to the attention of any such third party the Privacy Notice available on the WRPSA website or otherwise provided a copy of it to the third party. You agree to indemnify WRPSA in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
  1. Disclaimers

WRPSA makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Notices

All notices / communications shall be given to us by email to [email protected] Such notice will be deemed received the day of sending if the email is received in full on a working day and on the next working day if the email is sent on a weekend or public holiday.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and WRPSA shall be governed by and construed in accordance with the Law of Canada and WRPSA and you agree to submit to the exclusive jurisdiction of the Courts of Ottawa.