Terms & Conditions

PART I – GENERAL

Welcome to Powerplaypro.com, a website owned and operated by Powerplay Inc. (hereinafter referred to as “Powerplaypro.com” or “the Site”). The following Terms & Conditions (i.e. the “Agreement”) form a binding agreement between you the Customer and Powerplaypro.com. The term “Customer” refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses or uses the Site. The Terms & Conditions must be read together with the Privacy Policy that governs the use of this Site.

By using or visiting the Site, for purchase otherwise, (and this includes visiting the site whether or not you are participating in any commerce), you expressly agree to be bound and abide by these Terms & Conditions as well as all applicable laws and regulations governing the Site. If you do not agree to these terms, you must terminate your use of the Site.

Powerplaypro.com reserves the right to update and alter these Terms & Conditions at any time, including without limitation the Privacy Policy. Updates and changes to these Terms & Conditions will be accessible through the URL where they first appeared. In order to remain up-to-date, Customers should therefore review the Terms & Conditions from time to time, including without limitation the Privacy Policy Powerplaypro.com will not send notice of any kind to the client when changes are made to the Site, the Terms and Conditions and Privacy Policy. If you use or visit this Site after the Terms & Conditions have been updated or altered, your will be considered to have accepted said updates or alterations.

1- CUSTOMER INFORMATION

In order to use certain Powerplaypro.com services and advantages, you may be asked to provide personal information (i.e. identification, contact information, etc.) as part of the registration process, or as part of your continued use of our services. In order to use our site in good faith, you must agree that any information you enter while registering with Powerplaypro.com will be accurate, correct and up-to-date.

2- CUSTOMER PASSWORDS AND ACCOUNT SECURITY

You must also understand and personally and solely agree to the fact that you are responsible for maintaining your account password(s) and insuring that your activities in your account remain confidential, other than expressly provided for in the Privacy Policy of the password(s) associated with your account. You agree that you will be solely responsible for all activities that take place under your account. If you become aware of any unauthorized use of your password or of your account, you must notify Powerplaypro.com immediately at custserv@powerplaypro.com.

3- ELECTRONIC COMMUNICATIONS

Powerplaypro.com will communicate with its Customers electronically, primarily through e-mail. As a Customer, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4- PRIVACY

You hereby consent and agree to the use and disclosure of your personal information in accordance with our Terms of Use. For information on how Powerplaypro.com collects, uses and discloses personally identifiable information from its Customers, please refer to Powerplaypro.com’s Terms of Use (i.e. the “Terms of Use”).

5- LAWFUL USE

The Customer shall not use the Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Powerplaypro.com; (v) that prevents other Customers from using and enjoying the Site.

6- OWNERSHIP COPYRIGHT AND TRADE-MARKS

Unless otherwise indicated, the Site contains proprietary materials that Customer acknowledges and undertakes to not reproduce without express written authorization from Powerplaypro.com. These materials include without limitation, any and all text, images, marks, logos and other content contained herein, including, without limitation, the Powerplaypro.com trade-mark and logo and all designs, text, graphics, pictures, information, data, software code, sound files, other files, and the selection and arrangement thereof, including custom graphics, button icons, and/or trade dress (collectively, the “Site Content”). The Site Content is the proprietary property of Powerplaypro.com or its affiliated companies, partners, or content suppliers, all of which are protected by Canadian and international copyright laws. Powerplaypro.com, its logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trade-marks of Powerplaypro.com and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express written consent of Powerplaypro.com or the applicable trademark holder.

All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Powerplaypro.com.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement recourses, and may subject the end Customer to civil and/or criminal penalties.

7- DISCLAIMERS AND LIMITATION OF LIABILITY

Powerplaypro.com makes no warranties of any kind, express or implied, as to the operation of the Site or the content, information, products, or services that is featured on the Site. We provide this Site on an “as is” and “as available” basis.

The Customer agrees to use this Site at his or her own risk. The Customer expressly understands and agrees that Powerplaypro.com, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing Powerplaypro.com content, will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, no matter how such damages may have occurred.

Neither powerplaypro.com, nor any third parties providing content or services, shall be liable for any errors, inaccuracies, omissions or other defects in the information contained on this site, or for any delay or interruption in the transmission thereof to the Customer, or for any claims or losses arising from this, regardless of their cause or duration.

To the full extent permissible by applicable law, Powerplaypro.com disclaims all warranties, express or implied, including, but not limited to, implied warranties on the part of our merchant partners for a particular purpose. Powerplaypro.com does not warrant that this site, its servers, or emails sent from the Site are free from harmful components, such as viruses.

8- INDEMNIFICATION

The Customer agrees to indemnify and hold Powerplaypro.com, its affiliates, and each of their advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively, “Powerplaypro.com ”), harmless from any loss, liability, claim or demand, (including but not limited to reasonable attorneys’ fees, accounting expenses, and legal costs), made by any third party arising from or related to (a) access to or use of Powerplaypro.com and services, including, without limitation, Customer or others’ access to content or other materials available by means of the web site or third-party web sites, or Customer purchasing of goods or services from third parties; (b) Customer’s violation of these terms or breach of these terms, including, without limitation, any representation or warranty contained in this agreement; or (c) content or information on any products, postings, offerings, data or materials. Powerplaypro.com will have the right, but not the obligation, to participate through counsel of their choice of any defense by Customer or of any claim as to which Customer is required to defend, indemnify or hold harmless the Powerplaypro.com indemnified parties (i.e. “indemnified claim’). Customer may not settle any indemnified claim without the prior written consent of the concerned Powerplaypro.com indemnified parties.

9- DISPUTES

The Site (excluding Third-Party Sites) is controlled by Powerplaypro.com and operated by it from its offices in Montreal, Quebec. If there is any dispute about or involving the Site, the Customer agrees, that the dispute will be governed by the laws of the Province of Quebec and the federal laws of Canada without regard to its conflict of law provisions. These Terms & Condition, including the following description and terms of the Powerplaypro.com Savings Programs and the Privacy Policy, constitute the entire agreement between Customer and Powerplaypro.com with respect to the subject matter hereof and govern Customer’s use of Powerplaypro.com web site, superseding any prior understanding and agreement between Customer and Powerplaypro.com related to the subject matter hereof for the use of Powerplaypro.com. The section headings in the Terms of & Conditions Service and Savings Programs are for convenience only and have no legal or contractual effect.

REFUND POLICY

Clients’ satisfaction is the number one priority at Powerplaypro.com

Up to 7 days after the date of purchase and until your order has been shipped, you can get your money back without any questions asked. Thereafter and/or when the order is shipped, the product is deemed to be sold and thus the service is considered rendered. All sales made by Powerplaypro.com are subject to the return policy issued par Powerplaypro.com. The responsibility of consulting this return policy prior to confirming his purchase belongs to the customer and with his order confirmation, he agrees to this policy. Powerplaypro.com honors the reimbursement of errors for which it is responsible, but offers no guarantee on errors related to the information provided by the customer when ordering. For this purpose, a proof confirmation will be sent to the customer before the merchandise is been shipped. Unless the customer communicates with Powerplaypro.com to change the information on the order confirmation within 24 hours after its reception, the conformity of the order is considered to be validated by the customer and seal the contract.

In case Powerplaypro.com is responsible for an error occurred while processing the order, the customer must report the error within 10 days of shipping, otherwise no compensation will be applied. A request with Powerplaypro.com does not guarantee a refund or other compensation measures. Each case will be dealt with separately and a decision will be made within 5 working days of the request. Any reasonable request will be considered and Powerplaypro.com agrees to act in good faith in the resolution of problems as the customer satisfaction is a priority.

TERMS OF SALES

The transfer of responsibility takes place at the time of sale. Customer becomes owner of the goods when it is deemed to be sold, i.e. when the order is shipped. Transport risks are the responsibility of the customer.

ENTIRE AGREEMENT

These Terms & Conditions, including the Powerplaypro.com Terms of Use, constitute the entire agreement between Customer and Powerplaypro.com with respect to the subject matter hereof and govern Customer’s use of Powerplaypro.com, superseding any prior understanding and agreement between Customer and Powerplaypro.com related to the subject matter hereof for the use of Powerplaypro.com. The section headings in the Terms of & Conditions Service are for convenience only and have no legal or contractual effect.

If any provision of these Terms and Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of the other provisions contained in these Terms and Conditions, and the remaining portions of these Terms and Conditions will remain in full force and effect. If a party fails to exercise its rights under these Terms and Conditions, this cannot be deemed a waiver or forfeiture of such rights or any other rights provided below.

For more information about our collection of personal information, please view our Terms of Use.

If you have any questions regarding these Terms & Conditions or your use of the Site, please contact us at custserv@powerplaypro.com.

1-855-770-7529

Powerplay

1850 Hymus Blvd

Dorval, QC

H9P 1J7