Terms and Conditions for Pixelcura Shop
Last Updated: June 15, 2025
1. Definitions
For the purposes of these Terms and Conditions ("Terms"):
- "Website" refers to the Pixelcura Shop at pixelcura.com/shop.
- "User," "you," or "your" refers to any person accessing or using the Website.
- "Account" means a registered user profile on the Website.
- "Product" means any item or service offered for sale on the Website.
- "Content" means all text, images, data, and other materials on the Website.
- "Pixelcura," "we," "us," or "our" refers to Pixelcura, the operator of the Website.
2. Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Website.
3. Eligibility
You must be at least 18 years of age or have the consent of a parent or legal guardian to access and use the Website. By using this platform, you represent that you are legally capable of entering into binding agreements.
4. Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Notify us immediately of any unauthorized use or suspected breach. We are not liable for any losses or damages arising from unauthorized access to your account.
5. Prohibited Activities
- Violating applicable laws, regulations, or ethical standards (including anti-spam, data protection, and consumer rights laws).
- Engaging in fraudulent, abusive, or deceptive behavior.
- Interfering with the Website’s functionality, security, or integrity.
- Using the Website for illegal purposes.
- Disclosing confidential information about others.
- Uploading or transmitting viruses, malware, or harmful code.
- Attempting to gain unauthorized access to any part of the Website or its systems.
6. User Conduct
- Respect intellectual property rights of others.
- Avoid harassment, discrimination, or hate speech.
- Do not share account credentials or allow unauthorized use.
- Comply with all content policies and guidelines.
7. Products and Orders
Product Descriptions and Accuracy
We strive to provide accurate product descriptions, pricing, and images. However, we do not warrant that such information is error-free or complete. We reserve the right to correct inaccuracies or cancel orders without liability.
Order Acceptance
All orders are subject to our discretion. We may refuse or cancel orders for reasons including product unavailability, errors, suspected fraud, or non-compliance with these Terms.
Pricing and Payment
Prices are in Canadian Dollars (CAD) unless otherwise specified. Taxes, duties, and other charges may apply. You agree to pay all charges at purchase using valid payment methods.
8. Refunds
All sales are final unless otherwise stated in the product listing or required by law. If you receive a defective or incorrect product, contact us immediately to initiate a claim. We will review and may offer a refund or replacement at our discretion. Nothing in this section affects your statutory rights under applicable law.
9. Intellectual Property
All Website content is owned by Pixelcura or its licensors and protected by law. You are granted a non-exclusive, revocable license for personal, non-commercial use only. You may not reproduce, distribute, or create derivative works without written permission.
10. User-Generated Content
Users retain ownership of content they submit (e.g., reviews, comments), but grant Pixelcura a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, and display such content. Pixelcura may remove or edit user content at its discretion. Users are responsible for ensuring their content does not violate any laws or rights.
11. Third-Party Services and Links
The Website may link to third-party sites or use third-party services (e.g., payment gateways). Pixelcura is not responsible for third-party content, actions, or omissions. Users must comply with third-party terms.
12. Data Privacy and Security
Pixelcura complies with applicable data protection laws (e.g., PIPEDA, GDPR). See our Privacy Policy for details. We implement reasonable security measures but cannot guarantee absolute security.
13. Children’s Privacy
The Website is not intended for children under 13. We do not knowingly collect personal information from children under 13. If you believe a child has provided us with personal information, contact us to have it removed.
14. Accessibility
Pixelcura is committed to accessibility. If you have difficulty accessing any part of the Website, contact us for assistance or to request accommodations.
15. Indemnification
You agree to indemnify, defend, and hold harmless Pixelcura, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Website, your violation of these Terms, or your infringement of any rights.
16. Limitation of Liability
The Website and all products are provided “as is” without warranties of any kind. To the fullest extent permitted by law, Pixelcura’s liability for any damages shall not exceed the amount paid for the product or service in question. Pixelcura is not liable for indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunities.
17. Force Majeure
Pixelcura is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or interruptions in internet or utility services.
18. Electronic Communications
By using the Website, you consent to receive communications from Pixelcura electronically (e.g., via email or Website notices). All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Saskatchewan, Canada. All disputes must first be resolved through good faith negotiations. If unresolved, disputes shall be submitted to binding arbitration in Saskatoon, Saskatchewan, under the Arbitration Act of Saskatchewan. Arbitration shall be in English and not subject to jury trials or class actions. Judgment may be entered in any court of competent jurisdiction.
20. Termination
Pixelcura may suspend or terminate your account or access to the Website at any time for violation of these Terms or for any other reason. You may terminate your account at any time by contacting us. Upon termination, your right to use the Website ceases immediately.
21. Assignment
Pixelcura may assign or transfer its rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.
22. Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
23. Severability and Entire Agreement
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement between you and Pixelcura regarding your use of the Website. No oral agreements or representations supersede these Terms. Any modifications must be in writing and agreed upon in advance.
24. Changes to Terms
Pixelcura may update these Terms at any time. Continued use of the Website after changes are posted constitutes acceptance. Changes do not apply retroactively to orders placed before the change date unless explicitly stated.
25. Contact Us
Email: support@pixelcura.com
We will respond to inquiries in a timely manner and in accordance with applicable laws.
By using the Pixelcura Shop, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Thank you for choosing Pixelcura.