When you accessed our Site or opted in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be bound by and abide by these Terms and our Privacy Policy. These Terms incorporate by reference our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal information. By using our Site or Services, you acknowledge that you have read and agree to our Privacy Policy.

You must be of legal age of majority in your place of residence to use our Site and access our Services. By using this Site and accessing our Services, you represent and warrant to us that you are of legal age of majority in your place of residence and can form a legally binding contract.

While we aim to keep this Site as up to date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

If you wish to access, correct, or request deletion of your personal information, please refer to the "Your Rights" section of our Privacy Policy for details on how to submit a request and the process we follow, including applicable exceptions. You may contact us at tori@digitalpumadesign.com to initiate any such request. More information about how we collect, process and store your personal information can be found in our Privacy Policy.

PURCHASE TERMS

Online Purchases

All orders, purchases, or transactions made through this Site are subject to these Terms. Additional terms may apply to specific features of this Site where indicated and are incorporated into these Terms by reference.

Fees and Pricing

All fees and prices are as listed on our Site and in CDN dollars. and are subject to change without notice. The price charged will be the price advertised on our Site at the time your order is placed, subject to any applicable promotions. Any price increase will only apply to orders placed after the increase is posted. All prices are exclusive of applicable taxes and shipping and handling charges, which will be clearly itemized at checkout and confirmed in your order confirmation email. We reserve the right to correct any pricing errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Acceptance and Cancellation

Your order constitutes an offer to purchase and is subject to these Terms. We are not obligated to accept any order and may decline at our sole discretion, even after sending an order confirmation.

Payment Method

Payment must be received before we accept your order. We accept:

• E-transfer - is available for all customers who reside in Canada and or have a Canadian bank account. If you would like to use this method please inquire before purchasing an item and a separate invoice will be sent to you to complete the transaction. Invoices are sent and processed via Freshbooks (via Stripe).

• Credit Cards - Visa, MasterCard, Amex and Apple Pay via Stripe. Payments made by credit card using Stripe will appear as either “DGITALPUMADESIGN.COM OR DPDSTORE” on your credit card statement.

You represent and warrant that: (i) your payment information is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges will be honoured by your payment provider; and (iv) you will pay all charges at posted prices, including any applicable shipping, handling, and taxes.

Please note that customers paying with a credit card issued by a different country outside of Canada, may incur or be subject to fees related to exchange rates or international fees. Digital Puma Design is not responsible for any additional processing fees you may incur from your bank or credit card provider for purchases made on our Site.

Payment Authorization

For recurring payments or payment plans, you authorize us to continue charging your payment method through any third-party payment processor we use until payment is received in full, in accordance with the payment terms accepted at checkout

Shipping and Delivery

Delivery options are set out on the product page prior to check out. If you would like to pay for an alternative method of shipping not listed you must contact us to arrange prior to check out.

Unless otherwise specified in your order confirmation, you agree to pay all shipping and handling charges, including, but not limited to: any additional duties owing or Tariffs imposed by your destination country; courier fees that may arise from a change of address or address correction. Digital Puma Design is not responsible for, and has no control over, any additional customs, duties, taxes or tariffs incurred in destination country.

Shipping - Canada

Taxes for shipping are already included in the shipping option total you see. (Currently there are no additional taxes on individual items). All items are sent using Flagship. This service offers best available rates and courier options. Digital Puma Design does not set  shipping rates, couriers set all rates, therefore shipping rates you see on our site are subject to change. Packages shipping to P.O. Boxes must be sent via Canada Post.

NO REFUNDS

All sales are final. We do not provide refunds. If you have any questions about the Services, please reach out to us prior to purchase. You understand and agree that all purchases from our Site and at in-person events like vendor markets, are final sale. Any refunds issued will be in our sole discretion and determined on a case-by-case basis.

Chargebacks

Prior to initiating a chargeback, you agree to contact us and allow 14 days to resolve the issue. In the event of a chargeback, we reserve the right to revoke your access to our Services, submit all relevant purchase records to the payment processor, and seek recovery of any amounts determined to be wrongfully charged back.

Occasionally we may participate in vendor markets or similar in-person events. We will continue to accept payment options in the form of cash and via Freshbooks/Stripe, but from time to time at our discretion, we may also offer payment options via Square POS. All Terms and Conditions set out on our Site shall apply to payments processed by Square. For details on Square and, to view their Privacy Policy please click here.

Fees

All fees and prices are listed in CDN$ and are subject to change without notice. The price charged will be the price advertised at the time your purchase is made, subject to any applicable promotions. We reserve the right to correct any pricing errors, inaccuracies, or omissions at any time and to cancel any purchase arising from such occurrences.

*All payments made by credit card using Freshbooks/Stripe will appear as either “DGITALPUMADESIGN.COM OR DPDSTORE” on your credit card statement.

Occasionally, at our discretion we may offer the option to use Square POS for payment processing.

NO REFUNDS

All sales are final. We do not provide refunds. If you have any questions, please ask us prior to making a purchase.. You understand and agree that all purchases made at in-person events like vendor markets, are final sale.

Chargebacks

Prior to initiating a chargeback, you agree to contact us and allow 14 days to resolve the issue. In the event of a chargeback, we reserve the right to revoke your access to our Services, submit all relevant purchase records to the payment processor, and seek recovery of any amounts determined to be wrongfully charged back

Ownership of Intellectual Property Rights

All content, resources, materials, Digital Products (as defined below), images, text, designs, graphics, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site and within our Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of our rights and of federal law.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site in any form or medium whatsoever except:

• your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;

• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

• in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

You are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site unless otherwise expressly set out in writing.

Linking to our Site and Social Media

Before you link to our website or social media, please ensure you are following our guidelines for doing so.  If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).

You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.

Digital Product Licensing

When you purchase or access any of our digital products (paid or free), services or other resources (collectively “Digital Products”), you are granted a limited, non-transferable, non-exclusive, revocable license for personal or internal business use only.

For clarity, as part of your limited license:

You may:

• Access and use the product for your own personal or internal business use;

• Download or print materials for your use only.

You may not:

• Share, resell or distribute the Digital Products to others (including sharing your account logins with others to access the Digital Products;

• Copy or modify the product for redistribution;

• use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work;

• Claim the Digital Product or any variations as your own.

Right to Retire Services

We reserve the right to retire, discontinue, or withdraw any of our Services from sale at any time and for any reason, without notice and without liability. Retirement of a product does not affect your right to continue using the version you received, but we are under no obligation to provide updates, support, access to future versions, or continued availability of any platform or delivery mechanism associated with the product.

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We reserve the right to revoke your access to our Site and Services for any misuse or infringement and further reserve the right to take whatever legal steps are necessary to protect and enforce our Intellectual Property rights.

Media Release

By using our Site, you grant us a commercial license to use any image you voluntarily submit to us to use to promote and market out services.

General

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Account Security
You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately.

Use of Third-Party Applications

We use third-party platforms to deliver Services and process payments. Your data may be stored or processed by these third parties. Refer to our Privacy Policy for more details.

Confidentiality

Unless you have entered into a separate written agreement with us, we do not owe you any duty of confidentiality with respect to communications or materials you submit through this Site. Please do not share confidential or proprietary information through our Site. For clarity, nothing in this clause limits or affects our obligations with respect to your personal information as set out in our Privacy Policy.

User Content & Communications

By submitting any content to us, including but not limited to comments, testimonials, feedback, images, photos, or other materials whether through a form, submission portal, contest, or direct communication, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and publish that content for the purposes of promoting and marketing our Services. This license does not apply to content passively collected through your general use of our Site, such as through cookies or tracking technologies.

You represent that you own or have the right to submit any content you provide to us and that it does not infringe the rights of any third party. We reserve the right to moderate or remove any submitted content at our discretion.

You agree not to submit content that is unlawful, defamatory, harmful, spam, misleading, or that infringes on the rights of others.

We reserve the right to moderate or remove any submissions at our discretion.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. Any claims arising from your misuse of our Site are subject to the indemnity obligations set out in the Limitation of Liability and Indemnity section of these Terms.

Assumption of Risk

Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site.  You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer

We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

No Guarantees; Testimonial Disclaimer

While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and does not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

We may use artificial intelligence technologies ("AI") to assist in the creation, editing, formatting, organization, or delivery of content, resources, communications, and other materials on our Site or through our Services, including AI-assisted text, graphics, images, audio, video, or automated responses. Where content is created or curated by us, it is reviewed prior to publication. Where content is generated or delivered dynamically or in real time, it is subject to our general content policies and this disclaimer and may not be individually reviewed prior to delivery. We assert all available intellectual property rights in our content and materials, including any human-authored, curated, selected, or arranged elements, to the fullest extent permitted by applicable law. Any AI-generated elements are used in accordance with the applicable platform terms and licenses.

Certain products may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL DIGITAL PUMA DESIGN, OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PART WEBSITES NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS $100.00.

Release, Indemnity and Waiver

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your use or misuse of our Site or Services; or (iii) your infringement or misuse of our Intellectual Property.

Affiliate Disclaimer

We may use affiliate links to sell certain products or services on our Site meaning that if you click on a link and purchase an item, we may receive an affiliate commission. In accordance with legal requirements, we will clearly disclose when affiliate links are used. We are not responsible for the quality, accuracy, or delivery of any third-party products or services purchased through affiliate links. You agree to assume all responsibility for your use of affiliate-linked products or services and to review the terms and conditions provided by the third party.

Goods Not for Resale

You represent and warrant to us that you are buying products or services from our Site for your own  use only and not for resale or export.

We respect your privacy. Our Privacy Policy sets out how we collect, store, process and protect any of your data collected through our site and when you purchase a product from our Site.

Force Majeure

Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that was unforeseeable or unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, or acts of terrorism) (each, a "Force Majeure Event"). The party relying on this clause will give the other party written notice as soon as possible of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. The party relying on this clause (the “Affected Party”) will use all diligent efforts to mitigate and end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement. During the Force Majeure Event, the non-affected Party may similarly suspend its performance obligations until such time as the Affected Party resumes performance.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site

You agree to attempt to resolve any dispute or claim by first providing us with written notice at tori@digitalpumadesign.com that includes a detailed description of the nature of the dispute, the Site pages or Services affected, and any other information reasonably necessary to understand and evaluate the claim. We shall have ninety (90) days from receipt of your notice to respond and attempt to resolve the matter before any formal proceedings are initiated.

Jury and Class Action Waiver

To the extent permitted by applicable law, you waive the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public.

Injunctive Relief

Your breach of these Terms is likely to cause immediate and/or irreparable harm to Digital Puma Design. As such, we may seek injunctive relief against you without the need to post bond.

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy, constitute the full agreement relating to your use of the Site and Services.

Governing Law and Jurisdiction

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of Ontario and the federal laws of CANADA where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Toronto, Ontario Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Waiver

The failure by is to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

All Rights Reserved

We reserve the right to update and change these Terms at any time, and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. If you continue to use the Site after we make changes, you agree to the changes.  All rights not expressly set out and granted in these Terms and Conditions of Use and our Privacy Policy are expressly reserved by us.

If you have any questions about these Terms and Conditions of Use, please send an email to: tori@digitalpumadesign.com