Terms of Service Last updated: November 7, 2023
Customer Acknowledgement:
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to willowpack I agree to the willowpack Terms and Conditions set out below.
willowpack Terms and Conditions:
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. willowpack RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
1. ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. willowpack is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size.
2. COPYRIGHT
All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the willowpack web site and/or its subsidiaries (referred to herein as willowpack) or the copyrighted property of parties from whom willowpack has licensed such property. The Customer (sometimes referred to for convenience as "you") may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the willowpack Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. willowpack policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
3. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer ("Content") are the sole responsibility of the customer.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, you agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of willowpack or any third party. willowpack does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will willowpack be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that willowpack does not pre-screen Content, but that willowpack and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that willowpack may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of willowpack, its users and the public.
4. GOVERNING LAW
willowpack is a division of A .D. Inc. and is based in Ontario. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.
5. LIMITATION OF LIABILITY
In no event shall willowpack or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not willowpack has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from willowpack or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall willowpack be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
6. INDEMINITY
You agree that you shall indemnify and defend willowpack and all parties from whom willowpack has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. willowpack is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. willowpack is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Additional fees may apply for the files larger than 30MB.
8. COLOR PROOFING AND MATCHING
willowpack is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While willowpack will try it's best to match the gradient density of each color , willowpack is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. willowpack is not liable for the final color appearance of its products.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. willowpack will make every effort to produce a reasonable representation based on materials supplied by the customer; however, willowpack does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
9. TRIMMING AND FOLDING
While willowpack will try its best to trim and fold each job accurately as per the order specs and artwork, willowpack is not liable for up to 0.0625" of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.
10. ORDER CANCELLATION
Orders are eligible for cancellation upon request via support ticket until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $50 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services.
11. RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. Customer must notify willowpack within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. Where replacement is appropriate, Customer must first return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
12. ORDER SHIPPING AND DELIVERY
While willowpack will use reasonable efforts to prevent delay of delivery schedules, in no case shall willowpack be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the willowpack Plant, and customer shall have recourse only to its selected courier for any shipping issues. willowpack shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. Unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
13. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to willowpack due to an error made by the customer in submitting the proper shipping address,willowpack will reship the package with corrected address and charge an additional shipping fee for the shipment.
14. LINKS TO THIRD PARTY SITES
The links throughout this site may let you leave willowpack's site. The linked sites are not under the control of willowpack and willowpack is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. willowpack is not responsible for webcasting or any other form of transmission received from any linked site. willowpack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by willowpack of the site.
15. OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of quantity ordered shall constitute an acceptable delivery.
16. INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless willowpack from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against willowpack on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that willowpack contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against willowpack provided that willowpack shall promptly notify the customer with respect thereto.
17. PAYMENT INFORMATION
willowpack does not record, keep, or hold any credit card information on our servers, Authorize.net, Moneris and Paypal are responsible for that. willowpack only records and holds information on jobs ordered: docket number, qty, paper type finishing, file and shipping info.
18. NON SOLICITATION
Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of willowpack and/or any of its affiliates for a period of two (2) years after last order submitted to willowpack.
19. DISCOUNT CODES/SALES
Discount Codes and Sales prices do not apply to custom orders.
20. Food Labelling Terms and Conditions
The customer acknowledges and agrees that Willowpack is a provider of packaging and printing services only and does not have expertise in food regulatory compliance. Willowpack does not offer guidance, consultation, or services related to the compliance of food labeling with applicable laws and regulations, including but not limited to those in the United States and Canada.
The customer is solely responsible for ensuring that all content, designs, and information provided to Willowpack for the purpose of utilizing our packaging and printing services are in full compliance with all applicable laws, regulations, and guidelines concerning food labeling in the respective jurisdictions where the products will be distributed or sold. This includes, but is not limited to, the accurate representation of ingredients, nutritional information, allergen warnings, and other mandatory disclosures as required by law.
Additionally, the customer is exclusively accountable for obtaining all necessary permissions, licenses, and approvals from relevant certification bodies or authorities for the use of any logos, branding, or other intellectual property related to certifications, such as Non-GMO, Gluten Free, Kosher, etc., on their product labels printed by Willowpack. The customer assures that they have the legal right to display these marks on their product packaging and labels. Willowpack shall not be held responsible for verifying the customer's rights to use such logos, branding, or other intellectual property.
Willowpack will declare the presence of any allergens in materials used during the production process. This includes but is not limited to, materials that may contain common allergens such as peanuts, tree nuts, soy, dairy, wheat, fish and others, as required by applicable regulations. Customers should be aware that while we will declare the presence of allergens, the risk of allergen cross-contamination may still exist. It is the customer's responsibility to assess the suitability of our services in relation to their specific allergen-related requirements.
By using Willowpack’s services, the customer represents and warrants that they have obtained all necessary approvals, certifications, and/or legal counsel to verify the compliance of their product labels with applicable food labeling regulations. The customer agrees to indemnify, defend, and hold harmless Willowpack and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney's fees) that arise from or relate to any breach of this representation and warranty.
Willowpack reserves the right to reject any content or materials that it believes, in its sole discretion, may be in violation of any applicable laws or regulations.