Self Publishing Guide
These terms and conditions regulate the business relationship
between you and us. By using Our Web Site in any way, or by buying from
us, you agree to be bound by them.
No person under the age of 18 years may purchase goods and services.
We are: Bookmark Self Publishing (A division of E-State Media Group)
Our address is:
Box 48142 - 3575 Douglas St.
Victoria, BC Canada V8Z 7H5
You are: a visitor to Our Web Site.
1 – Definitions
In this agreement:
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods and Services” means any of the goods and services we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 - Our contract with you
2.1 - These terms and conditions apply:
2.1.1 - so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 - in any event to you as a buyer or prospective buyer of our Goods and Services
2.2 - Goods and Services advertised may not be available.
2.3 - Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order or you have decided to cancel the order.
2.3.1 – Non-acceptance of an order may be a result of one of the following.
18.104.22.168 – The products you ordered being unavailable from stock.
22.214.171.124 - Our inability to obtain authorization for your payment.
126.96.36.199 - The identification of a pricing or product description error.
188.8.131.52 – You not meeting the eligibility to order criteria set out in Terms and Conditions.
2.4 - We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods and Services. It may be useful to print a copy now.
2.5 - Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such service.
3 - Order and Delivery
3.1 - Goods are generally dispatched within 7 working days. If we are unable to supply the products ordered by you within that time frame, we will inform you of a realistic delivery date.
3.2 - If your goods fail to arrive within 28 days of dispatch, you will may have the option of a replacement shipment.
3.3 - When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If your goods arrive faulty or damaged, we will dispatch new goods as soon as possible after original goods have been returned and inspected by us.
3.4 – All items are shipped via Canadapost Xpresspost or by another means of our choosing. Xpresspost’s delivery times are; 3 business days with-in Canada, 3-5 business days to the U.S.A and 4 to 7 business days to major urban centers internationally.
4 - Price and Payment
4.1 - Prices are displayed are Canadian Dollars.
4.2 - Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Canadian Dollars will be borne by you.
4.3 - Any details given by us in relation to exchange rates are approximate only, and may vary from time to time.
4.4 - You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4.5 – Quotation prices are based on current paper and material costs and are subject to confirmation at time of order placement. Prices exclusive on any applicable taxes and shipping.
4.6 – Acceptance of orders is subject to credit approval and a deposit. Cancelled orders require compensation for incurred costs and related obligations.
5 - Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
6 - Returns Policy.
6.1 - Claims for defects, damages or shortages must be made by the customer in writing no later than 7 calendar days after delivery. If no such claim is made, BookMark Self Publishing and the customer will understand that the job has been accepted. All you pay for is the cost of their return shipping. Products return at cost and risk of consumer. Goods remain purchaser’s responsibilities until received by us. All funds are returned to the account that was used to pay for the order, and may take up to two weeks to appear on the account. If you have paid by cheque or money order, monies will be refunded by those means. Refunds will be provided within 10 workdays from receipt of returned goods, or after clearing of money orders, cheques or other payment means.
6.2 - In order to ensure your interests are best served, we require you to include the original invoice or packing slip with your return and to contact us before the return is sent.
All returns are subject to the following terms:
- All returns must be made within 7 days of the invoice date.
- Original invoice or packing slip must be included with your return.
- Shipping charges are not refundable. Return shipping charges are the responsibility of the sender. The Bookmark Self Publishing (A division of E-State Media Group) will cover shipping charges only if there was an error on our part.
- When your items arrive you should inspect them carefully. If there is any damage you must report it to the freight company immediately.
- The original invoice or packing slip must be included with your package. Items without this information will be refused and returned to the customer at his expense.
- Your item must be packaged properly for shipping. In other words, it must be returned in a similar manner in which it was shipped to you (use of packing peanuts, bubble wrap, and a shipping box). Do not put shipping labels directly on the item. Shipping insurance is the customer's responsibility.
- Bookmark Self Publishing (A division of E-State Media Group) reserves the right to withhold a portion or all of the monies or payments made to use upon the return of goods that are received damaged or defective.
7 – Disclaimers
7.1 - We, or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.
7.2 - You are advised that Content may include technical inaccuracies or typographical errors.
7.3 - We give no warranty and make no representation, express or implied, as to:
7.3.1 - the adequacy or appropriateness of the Goods and Services for your purpose.
7.3.2 - the truth of any information given on Our Web Site;
7.3.3 - any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
7.3.4 - compatibility of Our Web Site with your equipment software or telecommunications connection.
7.3.5 - compliance with any law;
7.3.6 - non-infringement of any right.
7.4 - Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
7.5 - We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site.
8 - Content and Intellectual Property Rights
8.1 - Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
8.2 - You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
8.3 - You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9 - System Security
9.1 - You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
9.2 - you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
9.3 - You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.4 - Examples of violations are:
9.4.1 - accessing data unlawfully or without consent;
9.4.2 - attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
9.4.3 - attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
9.4.4 - forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
9.4.5 - taking any action in order to obtain services to which you are not entitled.
9.5 - You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
9.5.1 - any violation of system security as set out above;
9.5.2 - your use of Our Web Site;
9.5.3 - any other breach or violation of this agreement by you;
9.5.4 - the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
10 – Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 - Contractual Limitation
Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods or services.
12 - Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13 - No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14 - Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15 - Governing Law
This Agreement shall be governed by and construed in accordance with the law of Canada. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
16 - Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees or suppliers.
16 - Liability
1.) Disclaimer of Express Warranties: Bookmark Self Publishing warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
2.) Disclaimer of Implied Warranties: Bookmark Self Publishing warrants only that the work will conform to the description contained the purchase order. Bookmark Self Publishing maximum liability whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Bookmark Self Publishing be liable for specific, individual, or consequential damages.
The customer agrees to protect Bookmark Self Publishing from economic loss and any other harmful consequences that could arise in connection with the work.
1.) Copyrights: The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Bookmark Self Publishing harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
2.) Personal or economic rights: The
customer also warrants that the work does not contain anything that is
libelous or scandalous, or anything that threatens anyone's right to
privacy or other personal or economic rights. The customer will, at the
customer's sole expense, promptly and thoroughly defend Bookmark Self
Publishing in all legal actions on these grounds as long as Bookmark
- promptly notified the customer of the legal action;
- gives the customer reasonable time to undertake and conduct a defense. Bookmark Self Publishing reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's Exemption Certificate (or other official proof of exemption) accompanies the purchase order.
18 - ELECTRONIC MANUSCRIPT OR IMAGE
It is the customer's responsibility to maintain a copy of the original file. Bookmark Self Publishing is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by Bookmark Self Publishing no claims or promises are made about Bookmark Self Publishing’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise from opening and using the supplied files. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
19 - PROOF APROVAL
A printed proof will be supplied for approval when customer is satisfied.
No liability will be incurred on proof with or without approval.
Bookmark Self Publishing will not be responsible for undetected production errors if:
- Proofs are not required by the customer;
- The work is printed per the customer's OK;verbal or otherwise
- Requests for changes are communicated orally without written notice.
This web site is owned and operated by:
Bookmark Self Publishing (A division of E-State Media Group)
Our address is:
Box 48142 - 3575 Douglas St.
Victoria, BC Canada V8Z 7H5