Terms & Conditions

TERMS AND CONDITIONS OF WWW.SCOUTSHOP.CA

Last Revision: December 1, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website (the “website”) maintained by Scouts Canada Inc. (“Scouts Canada”, “we”, “us”, or “our”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. You represent that you have reached the legal age of majority in your jurisdiction of residence, or if you are under the age of majority, that you have the permission of you parent or legal guardian to use this Website, and their agreement to these Terms and Conditions.

If you do not accept and agree to be legally bound by and comply with all of these terms and conditions, you are not permitted to access or otherwise use the Website.

We may change all or any portion of these Terms and Conditions at any time without notice, effective upon our posting of revised Terms and Conditions to the Website. Your continued use of the Website following our posting of such changes will be considered your acceptance to the revised Terms and Conditions.

 

INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Website Content”) is a collective work under Canadian and other copyright laws and is the proprietary property of Scouts Canada; All rights reserved. Your use of the Website and any Website Content does not grant or transfer to you any ownership or other rights in the Website or any Website Content, and except as expressly provided, nothing herein or within the Website or any Website Content shall be construed as conferring on you or any other person or entity any license under any of Scouts Canada’s or any third party’s intellectual property or other rights.

 

USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or the products and/or services we offer on the Website (“Company Materials”). The Company Materials may not be used for any purpose other than the use of this Website and products and/or the services offered on the Website in accordance with these Terms and Conditions. You may only use the Company materials or use the Website Content for your own personal and non-commercial use. You agree that you will not take any action that is inconsistent with our or our licensor’s ownership of the Website, the Website Content, and/or the Company Materials. Your limited permission to use our Website and the Company Materials is automatically revoked upon termination or expiration of these Terms and Conditions (whichever occurs first). Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.

 

MAKING PURCHASES THROUGH THE WEBSITE AND PAYMENT

All purchase made through the Website (“Orders”) are subject to the terms and conditions of this agreement, as well as any other applicable terms and conditions outlined on the Website relating to the order. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders made by you. When you make a purchase on the Website, you agree to provide us with a valid payment method. By completing an Order through a Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by Credit card or other permitted payment method. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other applicable changes. Taxes may depend on delivery location. We reserve the right, in our sole and absolute discretion, to change the prices offered on the Website at any time, including without limitation, items that have been placed in your online cart. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars. When you provide a payment method to us, you confirm that you are permitted to use that payment method.

 

OUR RIGHTS RESPECTING ORDERS

Without limiting the generality of any other section of this Agreement, we reserve the right to limit or refuse any Order you place with us. We may cancel any Order if we believe the Order violates these Terms, any applicable law or if we believing doing so may prevent financial loss. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms and Conditions. We may, in or sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Credit Card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered and purchased through the Website to certain addressed. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced or refunded accordingly.

In order to prevent financial loss to you or to us, we may contact the financial institution that issued your payment method, or law enforcement and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

To help protect your personal and credit card information when you purchase an item, the Scout Shop On-Line Store encrypts and transmits this data using Secure Sockets Layer (SSL) technology and 256-bit RSA encryption. This technology is used by millions of ecommerce websites, and other sites which accept personal information. It is a protocol developed to help secure internet transactions, and represents the industry standard for security. Secure Sockets Layer works by using a private key to encrypt data that’s transferred over the SSL connection. Your purchase data is decrypted at the point when we are ready to charge your credit card and ship your order.

 

PAYMENT OPTIONS

  • Currently, online Orders may be paid by Scout Shop Gift Cards, Paypal, Visa, Mastercard or American Express credit cards. We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
  • Orders will be charged in Canadian funds and will be processed within 24-48 hours after payment confirmation.

 

TAXES

The applicable provincial and federal taxes are applied to your Order based on the shipping location. You are responsible for all taxes applicable to your Order.

Tax Table

 

GST

PST

HST

Alberta

5%

-

-

British Columbia

5%

7%

-

Manitoba

5%

8%

-

New Brunswick

-

-

13%

Newfoundland & Labrador

-

-

13%

Northwest Territories

5%

-

-

Nova Scotia

-

-

15%

Nunavut

5%

-

-

Ontario

-

-

13%

Prince Edward Island

5%

10%

-

Quebec

5%

9.975%

-

Saskatchewan

5%

5%

-

Yukon Territories

5%

-

-

 

* In Quebec and PEI the GST is included in the provincial sales tax base.

 

ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under these Terms and Conditions. You agree not to use the Website in any way that could damage the Website, the services or the general business of Scouts Canada Inc.

You further agree not to use and/or access the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. To disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability;
  9. To use, copy, modify, download or transfer the Website or any Website Content, in whole or in part, except as expressly provided in these Terms and Conditions;
  10. To reverse engineer, disassemble, decompile, or translate the Website or any Website Content; (ii) attempt to derive the source code of the Website or any Website Content; (iii) create any derivative work from the Website or any Website Content; and/or (iv) authorize or assist any third party to do any of the foregoing;
  11. To rent, lease, loan, resell, or otherwise distribute the Website or any Website Content;
  12. To remove or alter any proprietary notice or legend regarding our, or any third party’s proprietary rights in the Website or any Website Content; or
  13. To unlawfully gather information about others.

 

SALE OF GOODS/SERVICES

We strive to be accurate in all information we provide regarding the goods and services, including product descriptions and images we place on the Website. However, we do not guarantee the accuracy or reliability of any product information or other information on the Website, and to the extent permitted by applicable law. We have no obligation whatsoever under these Terms and Conditions or otherwise to correct any defects or errors in the Website or any Website Content, regardless of whether you inform us of such defects or errors or we otherwise are, or become aware of, such defects or errors.

 

SHIPPING/DELIVERY/RETURN POLICY

When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the actual purchase price you have paid.

We also may request additional information from you prior to confirming a sale and we reserve the right to place any addition restrictions on the sale of any of our products. The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders it is possible that your Order will arrive before or after the estimated delivery time. Purchases will only be shipped to a valid mailing address (as determined by us in our sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your Order. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order. In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping.

E-mail:

customercare@scouts.ca

Phone:

1-800-203-7982

Mail:

Scouts Canada

c/o Lowe-Martin

930 Britannia Rd East

Unit Z

Mississauga, ON

L4W 5M7

 

For any questions, concerns, or disputers, you agree to contact us in a timely manner at the following:

Shipping and Handling for Canadian Orders

Canadian Mail Orders

  • All Scout Shop Canadian mail Orders are processed Monday through Friday from 8:30 - 4:30 EST, excluding regular holidays. Orders are sent by Canpar Ground Service. Shipping and handling charges are subject to all applicable taxes.
  • The value of the Order is based on the pre-tax value of the merchandise and does not include the purchase of gift certificates.
  • Applicable provincial and federal taxes are applied to your order based on the shipping location.
  • If your order cannot be completed due to a back order we will contact you to determine a course of action.
  • Oversized items are excluded from the standard shipping costs; these costs must be quoted based on their final destination. Please be sure to provide us with an email address.

 

Order Value

Canpar Ground Service

(2 - 7 Days)

Up to $49.99

$12.50

$50.00 - $99.99

$15.00

$100.00 - $149.99

$17.50

$150.00 - $199.99

$20.00

$200.00 - $299.99

$22.50

$300.00 - $499.99

$27.50

Over $500.00

FREE

 

USA & International Mail Orders

  • All US and International mail Orders are processed Monday through Friday from 8:30 - 4:30 EST, excluding holidays. Shipping and handling charges for US and International orders are based on the destination country and the total weight of the order. We will contact you by email to confirm the final shipping and handling cost options. Please ensure that you have entered your correct email address with your login information. We will not process the order until we have heard back from you confirming to us the shipping and handling charges that you have been quoted.
  • Your Order may be subject to custom and duties which are payable by you upon receipt of your Order. Charges differ from country to country so you may want to check with your local customs officials for more information on customs and duties.
  • If your Order cannot be completed due to a back order, we will contact you to determine a course of action.
  • Oversized items are excluded from the standard shipping costs; these costs must be quoted based on their final destination. Please be sure to provide us with an email address

 

RETURN POLICY

Scouts Canada will accept returns within 30 days of receipt of your order for any products that are in their original and unused conditions.  To make a return please follow the following steps.

  1. Indicate the reason for your return on the Packing Slip.  Place the product and the Packing Slip in the original shipping package.
  2. Return the parcel by postal service to the following address:

Scouts Canada

c/o Lowe-Martin

930 Britannia Rd East

Unit Z

Mississauga, ON

L4W 5M7

  1. Scouts Canada will refund any shipping costs for your original order and the return if the product was defective, damaged or if an error was made while processing the order.  Otherwise the shipping costs are not refundable.
  2. Refunds will be processed within a reasonable timeframe and the credit will be issued to the original method of payment on the order.
  3. We cannot accept exchanges at this time.  If you wish to make an exchange you will need to re-order the new product.
  4. Custom items are not eligible for return. Except as required by applicable law, returns are not permitted for the purchase of gift cards.
  5. Items returned after 30 days, from date of order, will not be processed. 
  6. Upon receipt of your return, Scouts Canada will assess and determine if the item(s) is/are in a re-saleable condition. Otherwise the item(s) will be returned to the customer and no refund will be processed or issued. 

 

USER CONTENT AND YOUR LICENSE TO US

Certain features and/or portions of the Website may permit you to upload, post or otherwise transmit content that you have created or you may otherwise provide us with such content (the “User Content”).  

You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit to us any User Content that:

  1. May, in the sole and absolute discretion of Scouts Canada, degrade, tarnish, disparage, or deprecate Scouts Canada, and/or any of its products or services, including without limitation any Website and/or the public image or standing in the community of Scouts Canada or any of its affiliates;
  2. Is deemed, in the sole and absolute discretion of Scouts Canada to be defamatory, trade libelous, pornographic or obscene;
  • is deemed, in the sole and absolute discretion of Scouts Canada to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Scouts Canada in its sole and absolute discretion;
  1. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
  2. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
  3. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
  4. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

By providing User Content, you hereby: (i) grant to Scouts Canada a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you provide; and (ii) waive all moral rights in and to all User Content that you provide in favour of Scouts Canada and anyone authorized by Scouts Canada to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, Scouts Canada has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you provide will be deemed confidential. You understand that any User Content you choose to post or share via the Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You agree that Scouts Canada has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by Scouts Canada, and you will not imply that your User Content is in any way sponsored or endorsed by Scouts Canada.

 

DATA LOSS

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Scouts Canada does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. Your use of the Website is at your own risk.

INDEMNIFICATION

You agree to defend and indemnify Scouts Canada Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.

 

SPAM POLICY

You are strictly prohibited from using the Website or any of our services for illegal activities, including the distribution of ‘spam’ or other prohibited messages, gathering email addresses and personal information from others or sending any mass commercial emails.

 

VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the remainder of these Terms and Conditions will be considered enforceable and valid to the fullest extent permitted by the applicable law.

 

SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.

 

DISCLAIMER AND NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by as are on an “as is” and “as available” basis. To the fullest extent permitted by the applicable law, we disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose, any warranties of title, non-infringement, non-interference and/or quiet enjoyment, accuracy, system integration, and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

Without limiting the generality of the foregoing, Scouts Canada makes no representation or warranty that: (i) the Website and/or Website Content will be compatible with your computer, mobile or other device and/or  software; (ii) the Website and/or the Website Content will be available or will function without interruption or error; (iii) the use of the Website and/or the Website Content, including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from a website will be secure; (v) the use of the Website and/or the Website Content will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (vi) the use of the Website and/or the Website Content will not cause any damage to your computer, mobile or other device, software or electronic files.

Any products and/or services described on the Website and/or the Website Content are offered in jurisdictions where they may be legally offered for sale.

The information available on or through the Website and/or the Website Content is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

Any and all information obtained from or through the Website is for informational purposes only and is not intended to provide specific advice and should not be relied upon in that or any other regard. Your reliance on any information obtained from or through the Website is solely at your own risk.

Comments or opinions expressed on the Website are those of their respective users only. Comments or opinions expressed on the Website and in User Content do not necessarily represent or reflect the views of Scouts Canada. Scouts Canada is not responsible for, and disclaims all liability in relation to, any and all User Content posted, uploaded or otherwise submitted to or through the Website. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.

 

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Scouts Canada Inc. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars, or the amount you paid to Scouts Canada Inc. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.

 

PRIVACY

Without limiting the generality of these Terms and Conditions, your use of the Website is also subject to the terms of our Privacy Policy.  Please carefully review our Privacy Policy.  By using the Website, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to our Privacy Policy.

 

INTELLECTUAL PROPERTY CONCERNS

While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the Website, please contact us using the contact information at the end of these terms.

 

GOVERNING LAW

For users outside of Quebec, these Terms and Conditions, your use of the Website, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to these Terms and Conditions, your use of the Website and any related matters.

For residents of Quebec, these Terms and Conditions, your use of the Website, and all related matters shall be governed solely by the domestic laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in relation to all disputes arising from or related to these Terms and Conditions, your use of the Website and any related matters.

 

TERMINATION

If you breach any provision of these Terms and Conditions (as determined by Scouts Canada in our sole and absolute discretion), then you may no longer use the Website or Website Content. We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Website or Website Content or any of its features, at any time, for any reason, without any notice or liability to you or any other entity. If these Terms and Conditions or your permission to use the Website is terminated for any reason, these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website and anything relating to or arising from such use. If you are dissatisfied with the Website or the Website Content, then your sole and exclusive remedy is to discontinue using our Website.

 

LANGUAGE

The parties expressly wish that these Terms and Conditions, our Privacy Policy and any related documents be drafted and executed in English.

 

CONTACT US

If you have any questions, you may contact us at:

E-mail:    customercare@scouts.ca

Phone:     1-800-203-7982

Mail:   Scouts Canada

          c/o Lowe-Martin

          930 Britannia Rd East

          Unit Z

          Mississauga, ON

          L4W 5M7