Last updated on, May 29th, 2018
Proto3000 Inc. (“Proto3000,” “we“, “our” or “us“), an Ontario corporation, terms of service (the “Agreement” or the “Terms“) are a legal agreement between you (“you,” “your“) and Proto3000.
Our website (the “Website”) enables you to purchase and receives Products and Services, as defined below, online in a fast and convenient way. By utilizing the Website, you become subject to these Terms. Please read these Terms carefully before using the Website. By accessing or using the Website, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Website. The Website is for your own use only. You may not resell, lease or provide them in any other way to anyone else. You must be the age of majority in your jurisdiction of residency to use our Website.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Proto3000 or its affiliates for products, Website or otherwise. Also, these Terms are in addition to the end user license agreement for any website we may provide.
Proto3000 reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Website, at any time and in its sole discretion. If you do not agree with the changes, you can cancel your account with us without further obligation or cease to use the Website. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions through the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Website. If you have any questions about the Terms, please contact us.
- OUR SERVICE (COLLECTIVELY, THE “SERVICE”)
The Website provides you with 3D printing and rapid prototyping related products (the “Products”) and services based on information, requirements and specifications supplied by you, including 3D design files, item names, item numbers, and/or drawings (the “Services”).
The Website also allows you to receive a free quote for the Products and Services offered by Proto3000. We do not add any fees or commissions for the quote.
- SERVICE AND PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your Website password and are responsible for all activities that occur under your account. You agree to immediately notify Proto3000 of any unauthorized use of your password or account or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
Proto3000 reserves the right to revoke access to the Website, at its sole option and discretion and without notice to you, if any misuse or foul play occurs or is suspected within the system.
Proto3000 will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- PAYMENT TERMS
A valid credit card or PayPal account is required to make purchases from Proto3000, however, purchases can also be made via purchase orders with preapproved terms.
By providing a credit card or other payment method accepted by Proto3000, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Proto3000 account, you can do so at any time by logging into your account and editing your payment information.
Prices generated using our Website are at all times non-binding. We reserve the right to change these prices immediately and without notification. No order shall be binding on us unless and until it has been accepted.
- AVAILABILITY OF PRODUCTS AND SERVICES
Prices for the Products and Services are subject to change at any time, but changes will not affect any order for Products and/or Services you have already placed. Prices are subject to correction for error. In the event the materials used in the manufacture of Products are unavailable:
(a) Permanent unavailability: Proto3000 undertakes to offer Products with similar characteristics or to refund the missing Products within 30 days;
(b) Temporary unavailability: Proto3000 will inform you about restocking deadlines. You can choose to maintain the order with these new deadlines or to cancel it. In that case, Proto3000 will offer to refund the missing Products without delay and no later than 30 days.
Proto3000 reserves the right to suspend the any Service or Product offering at any time for a duration determined by Proto3000, or in the event of failure in stock of primary materials or breakdown in the equipment used to manufacture the Products.
If you wish to purchase a Product or Service, or receive a quotation for a Product or Service you must:
(a) Register for the online quotation system;
(b) Upload your CAD model in an acceptable format;
(c) Select print and material settings;
(d) Proceed with the order, or submit the request for manual quotation;
(e) Provide payment and shipping details; and
(f) Submit the order for production.
If you wish to receive a manual quotation for Products or Services you must:
(a) Register for the online quotation system;
(b) Upload your CAD model in an acceptable format;
(c) Select print and material settings; and
(d) Push the order for manual quotation.
(a) Contact Proto3000 via email or phone to discuss project needs.
If you wish to purchase a Product or Service based on a manual quotation you must:
(a) Validate your quotation against your request;
(b) Provide payment/purchase information on an official purchase order; and
(c) Receive acceptance of the order from Proto3000 staff.
Confirmation of the order implies acceptance of the terms of this Agreement.
Your submission of your order constitutes an electronic signature between the parties and has the same value as a written signature.
- VALIDATION OF THE ORDER
A confirmation email summarising the order (description of the Product, price, manufacturing date, delivery date, etc.) will be sent to you by Proto3000.
The Product sales contract is concluded when Proto3000, after having had the possibility of checking the detail of the order and its total price, as well as correcting any errors, has confirmed it. Proto3000 reserves the right to reject the order and reimburse you. Reimbursement is made by any means of payment within a 30-day timeframe.
Proto3000 will send an email confirming its acceptance of the order.
- SHIPPING AND DELIVERY
Prices for the Products and Services do not include shipping costs unless indicated otherwise. Our delivery charges and methods are as described on the Website from time to time. Customary methods of transportation shall be selected by Proto3000 and such transportation will be at your expense. Special methods of transportation will be used upon your request and at your additional expense provided reasonable notice of your transportation requirements are given by you to Proto3000 prior to shipment. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
- REFUND POLICY
We do not provide refunds, except as specified in Section 6(b) of this Agreement. Please ensure that the Product you are purchasing online is the one you are intending to buy.
If your order is damaged, non-functional or missing parts, please contact us immediately and we will attempt to rectify the issue. We should be notified within 24-48 hours of receiving damaged or incorrect items. Please note that if the exterior packing of your item is damaged upon return, we will apply charges. Proto3000 reserves the right to determine whether the item damages are covered by warranty.
- WARRANTY INFORMATION
Proto3000 does not warrant that the quality of any Products, Service, information, or other material purchased or obtained by you through the Website will meet your expectations.
- OPINIONS AND CONTENT
Information included in the Website may be provided by third parties. The comments and opinions expressed in information found in the Website are those of the authors who provided them. They do not necessarily represent the views of Proto3000, its management or employees or its affiliates nor does Proto3000 or its affiliates endorse said comments and opinions.
- CONTENT SUBMITTED BY YOU
By posting, uploading, inputting, providing or submitting any information to this site, you consent to Proto3000’ collection of such information, and you grant Proto3000, its affiliated companies and necessary sublicensees permission to use such submitted information in connection with the operation of the Website and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your submitted information for the purposes of creating your order. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to Proto3000 through this site or otherwise, including, without limitation, all the rights necessary for you to upload, input or submit your submitted. For greater certainty, Proto3000 does not claim ownership to any information or drawings that you may provide to Proto3000. Notwithstanding the foregoing, any enhancements or suggestions made by you or anyone acting on your behalf, including your employees, to the Website will be the property of Proto3000 without any further consideration to you, whether or not such enhancements are incorporated into Proto3000’ Website.
If you have a highly confidential project and not want to it be subject to this Section 13, please contact the Proto3000 team directly.
- OWNERSHIP AND COPYRIGHT
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained in or communicated using the Website, including, without limitation, the Proto3000 logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content“) are the property of Proto3000 or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Proto3000 or any third party without the prior written permission of Proto3000 or such other party that may own such patent, trademark, copyright or other proprietary right(s).
Any reproduction, exploitation or use, whether in Canada or abroad, of all or part of the Website for professional use (on whatever basis, even partially) or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by Proto3000.
All individuals or corporate entities wishing to make a purchase from the Website (the “Customers”) who send Proto3000 an image, drawing or design (the “Drawings”) guarantee that they are the author or holder of all intellectual property rights for the Drawings and that they have not infringed any intellectual property rights by sending the Drawings. The Customer undertakes to indemnify Proto3000 against any claims by third parties. The Customer will retain ownership of the Drawings sent to Proto3000. The Customer grants Proto3000 a licence for the use of their Drawings to carry out their order.
Proto3000, its logo and all other product or service names or slogans displayed on or communicated through the Website are registered and/or common law trademarks of Proto3000 and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Proto3000 or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Proto3000 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Proto3000. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Website are the property of their respective owners. Reference to any products, services, website, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Proto3000.
- LIMITED LICENSE TO THE CONTENT
Proto3000 grants you a limited, non-sublicensable license to access and use the Website and to view portions of the content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view portions of the content for your own informational in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Website or the content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Website or the content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Website or any content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or content without the prior written permission of Proto3000 is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You represent and warrant that your use of the Website and the content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. You expressly agree to indemnify Proto3000 against any liability to any person arising out of your use of content not in accordance with these Terms.
To request permission for uses of content not included in the foregoing license, you may contact Proto3000 at the address set out at the bottom of these Terms.
The Website may contain links to third-party web sites (“Third-Party Sites“) and third-party content (“Third-Party Content“) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Proto3000 does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Proto3000 provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Proto3000’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Proto3000 accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- ADVERTISEMENTS AND PROMOTIONS
Proto3000 may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, parties other than Proto3000, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Proto3000 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
- REGISTRATION DATA AND ACCOUNT SECURITY
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data“); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Proto3000, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Proto3000. We send Products and Services to the address and send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current.
- LIMITATIONS OF LIABILITY
YOU SPECIFICALLY AGREE THAT PROTO3000 SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT PROTO3000 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL PROTO3000 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) LOSS OF ENJOYMENT, (5) INJURY OR DEATH, (6) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PROTO3000 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. PROTO3000’S MAXIMUM LIABILITY FOR ANY CAUSE OF ACTION WILL BE THE LESSER OF: (i) FEES PAID FOR SERVICES RENDER WHICH GAVE RISE TO THE CAUSE OF ACTION; OR (ii) $1,000 CAD.
- APPLICABLE LAW AND VENUE
The Website (excluding Third-Party Sites) are controlled by Proto3000 and operated by it from its offices in Ontario. While Proto3000 has made no effort to publish the Website other than in certain Provinces of Canada and the United States, the Site is accessible elsewhere.
You and Proto3000 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Website from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Proto3000 for your failure to comply with any such laws.
- TERMINATION / MODIFICATION OF LICENSE AND SITE OFFERINGS
Notwithstanding any provision of these Terms, Proto3000 reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website or content; (c) change, suspend or discontinue any aspect of the Website or content; and (d) impose limits on the Website or content.
Proto3000 may assign all of its rights, interests and obligations pursuant to this Agreement to any person or company without your consent. You shall not assign or transfer any of your right or obligations pursuant to this Agreement without the prior express written consent of Proto3000.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Proto3000 may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Proto3000, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Proto3000 regarding your use of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Proto3000 regarding your use of the Website.
- QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Website, please submit a support request or contact us:
Or visit us in person at:
6260 Highway 7, unit 8. Vaughan, Ontario L4H 4G3