Terms of Use

Last updated January 1, 2018

Welcome to the Shop OPSEU. Please review the terms and conditions of use carefully.

The following terms and conditions of use are an agreement (the "Agreement") between SHOP OPSEU (the “Website”) and you. By accessing or using the Website, you signify that you have read, understand and agree to be bound by this Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Website For this reason, we encourage you to review the Agreement whenever you use the Website. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the website. If you do not comply with this Agreement at any time, the Ontario Public Service Employees Union (“OPSEU”) reserves the right to cancel or terminate your access to the Website (or any part thereof) and/or your user account. 

Registered Users

Locals and OPSEU members who register with Shop OPSEU and create a user account on the Website (each, a “Registered User”) agrees to the following:

In consideration of your use of the Website, you represent that you are eighteen (18) years of age or older and are not a person barred from receiving services under the laws of the Province of Ontario and federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, OPSEU has the right to suspend or terminate your account. 

Your profile may not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. 

Site Transactions

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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will 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 judgment, appear to be placed by dealers, resellers or distributors external to OPSEU.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; and/or offer opportunities to some or all users of the website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any service, content, feature or product offered through the Website.

Site Contents

Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by OPSEU.

The Website and the Contents are intended solely for union member and local use. You may download or copy the Contents displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website. Users are also restricted from linking, framing, mirroring, scraping or performing data mining on the Website. 

User Comments, Feedback, and Other Submissions

OPSEU is pleased to hear from its members and locals and welcomes your comments regarding the Website’s products. If, at our request, you send certain specific submissions (for example, customer reviews or photographs) or, without a request from us, you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials (collectively, "Comments"), you agree that OPSEU may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to OPSEU. OPSEU is and shall be under no obligation to respond to any Comments. OPSEU has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead OPSEU, its affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. OPSEU and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Website (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Unless otherwise indicated, prices displayed on the Website are quoted in Canadian Dollars.

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Colours

We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

Promotions

In addition to the terms and conditions of this Agreement, any contests, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. 

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Disclaimer

The content of the Website is provided “as is” without warranties or conditions of any kind, either express or implied.

Your use of the website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. OPSEU shall not be liable for any damages of any kind related to your use of the Website.

Limitation of Liability

You expressly understand and agree that OPSEU shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, arising out of, or resulting from, (a) the use of or the inability to use the Website; (b) the use of any content or other material on the Website; (c) unauthorized access to or alteration of your transmissions of data; or (d) any other matter relating to the Website. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is the discontinuation of your use of the Website. 

Indemnification

You agree to defend, indemnify and hold OPSEU and each of their respective officers and representatives harmless from and against any and all claims, damages, costs and expenses arising from or related to your use of the Website and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and OPSEU agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. 

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of OPSEU’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website.

Termination

These terms are effective unless and until terminated by either you or OPSEU. OPSEU also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes

Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.


If you have any questions about the use of this Website, please contact us here.