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Welcome
to the CLIK 3D web site, provided to you by Venga Aerospace Systems Inc.
("CLIK 3D"). Please review the following terms of service before
using this site to order any services or products on-line through this web site
(the "Service"). CLIK 3D.com provides users with a fun, safe and easy
way to obtain processing for their 3D images and purchase a variety of 3D
products. However, before you enter the CLIK 3D.com site (the "Site")
or use any of the CLIK 3D.com services, it is important that you carefully
review the Terms and Conditions set out below (the "Terms"). In
addition, specific pages on the Site may set out additional terms and
conditions, all of which are incorporated by reference into the Terms. The
Terms may be changed or updated at any time, but you can always find the most
recent version here. In the case of inconsistencies between these Terms and
information included in off-line materials, (e.g., promotional materials and
mailers), these Terms will always take precedence and prevail. We suggest that
you periodically check this page to make sure you are up to date.
By entering and using the
Site, you indicate that you accept the Terms and that you agree to be bound by
and subject to them. Acceptance of the Terms creates a binding legal agreement
between you and CLIK 3D that you will use the Service only in a manner that is
consistent with the Terms. If you have questions about the Terms, please
contact us at customerservice@CLIK3D.com. Your
use of the Site and the Service is entirely conditioned on and subject to your
compliance with the Terms. If you do not agree with the Terms, do not proceed
to access the Site or use the Service.
PRICE AND PAYMENT
TERMS
Your receipt will display the
ordered service/product sub-total, shipping charges, and for New York State
residents, the appropriate state sales taxes, in U.S. Dollars. Orders are not
binding upon CLIK 3D until accepted by CLIK 3D. Acceptance of your order shall
take place when your credit card is debited or other payment is cleared and
until then, CLIK 3D reserves the right to reject your order for any reason,
including for a misprint in the price displayed on the web site or
advertisement. Prices advertised do not include shipping and handling or
applicable sales taxes unless otherwise expressly indicated.
Prices are subject to change
at any time prior to acceptance of your order and in case of a change we shall
notify you and ask you whether you still wish to proceed.
Receipt of your order does
not guarantee that we can supply the selected services and/or products to you.
All the services and products on the Site are subject to availability and we
must therefore reserve the right in exceptional circumstances: to limit
quantities of products we supply; to alter the availability and duration of,
and to terminate at any time, any special offers. We will not deduct any sums
from your credit card unless, or will deduct sums only to the extent, we are
able to deliver the products or services to you as ordered.
We accept VISA, MASTERCARD
and AMERICAN EXPRESS credit cards and your credit card will be charged upon the
initial receipt of your order and in the case of orders for 3D film processing,
on the face number of prints set out in your 3D print order form. If any of
your pictures are determined by us, in our sole and absolute judgment, to be
unprintable CLIK 3D will not charge your credit card for the print, only the
exact amount of acceptable 3D prints will be charged to your card. If you are
paying by check or money order, a credit good for future lab services will be
issued for each unprintable negative.
RETURNS AND EXCHANGES
We offer a 10-day refund for
most merchandise purchased on-line. All items considered for exchange or refund
must be returned within 10 days of receipt in "as new" condition,
complete with all original packaging materials. All non-credit card purchase
returns are subject to a 20% administrative fee.
If you would like to return
an item, please notify us first by e-mail at
customerservice@CLIK3D.com or
by calling 1-888-262-8682 or 1-416-516-6938 and obtain a Return Authorization Number prior to
shipping any items to us. Items may not be returned without prior communication
with CLIK 3D and any returns without the original receipt or copy of Online
Smart Receipt, including your Order #, together with the Return Authorization
Number will be declined. Please note that we are not responsible for any
shipping costs for any returned items nor for items lost or damaged during the
return shipment.
Items to be returned must be
shipped to the address below:
Our Mailing
Address is: CLIK 3D
Attn.: Customer Service
Unit 18
3909 Witmer Road
Niagara Falls, NY 14305-1244
Our Canadian Mailing Address is:
CLIK 3D
219 Dufferin St.
Suite 105A
Toronto, Ontario M6K 3J1
Refunds will be against the
credit card used in the original purchase only. All returns are subject to
inspection and we reserve the right to refuse any merchandise. No refund or
exchanges will be accepted for: 3D film print/processing orders; re-furbished,
out-of-stock, and special order items; or for shipping and handling charges.
If your order arrives broken
or damaged please contact us for proper procedure.
PRIVACY
We do not sell or rent the information
you provide to us on-line to third parties.
We value our
customers and respect your privacy. We collect customer information in an
effort to improve your shopping experience and to communicate with you about
our products and services. CLIK 3D recognizes that it must maintain and use
customer information responsibly.
What kind of information does CLIK 3D
collect?
We collect
information (such as your name, email address, mailing address, and phone and
credit card numbers) that you provide when you place an order. We also maintain
a record of your purchases in our on-line store.
How does CLIK 3D use my information?
When you make an
on-line purchase from CLIK 3D, we use your information to process your order.
We will also send you emails to confirm your order, and we may need to contact
you via phone, postal mail or email if we have other questions regarding your
order.
What are cookies? How does CLIK 3D use
cookies on its site?
A cookie is a
small data file that web sites often store on your computer's hard drive when
you visit their sites. A cookie may contain information (such as a unique user
ID), that is used to track the pages of the sites you've visited. We use
cookies but do not store personally identifiable information in your cookie.
We use cookies in order to
improve your shopping experience. When you visit the Site, your cookie helps us
keep track of your order as you shop at our site. If you have saved your
information with us, your cookie allows us to recognize you when you return to
our site and provides you with easy re-ordering process. If you order from us,
we also use cookies to monitor and maintain information about your use of our
site. If you have not ordered from us, we may monitor and maintain information
about your use of our web site in a manner that does not identify you. In
either case, this information helps us serve you better by improving our site
design, as well as our products and services.
You can refuse cookies by
turning them off in your browser. If you turn off cookies, though, we will not
be able to track your order or enable you to make a purchase from our site. Nor
will we be able to recognize you as a signed up user during your future visits
to our site.
To enable cookies on your browser:
AOL 5.0:
Select "Preferences"
Click on "WWW"
Select the "Security" tab
Click on "Custom Level"
Scroll down to "Cookies"
Select "Enable"
Netscape Navigator /
Communicator:
Select "Preferences" from the "Edit" menu
Select "Advanced" from the left-hand menu
Select "Accept All Cookies"
Click "OK"
Internet Explorer 5.0
for PC:
Select "Internet Options" from the "Tools" menu
Click the "Security" tab
Click "Custom Level" at the bottom of the window
Scroll down to "Cookies"
Select "Always accept cookies"
Click "OK"
Internet Explorer 5.0
for Mac:
Select "Preferences" from the "Edit" menu
Select "Receiving Files"
Select the option "Never ask" under "When receiving
cookies"
Click "OK"
SECURITY
Credit Card Safeguard
At CLIK 3D we don't just
stand behind our products and services, we also do our best to provide a safe
and convenient on-line shopping experience. That means we safeguard the
integrity of our customers' credit card information. All credit card orders are
processed by _____________________.
If you are not quite
comfortable shopping on-line, or would prefer to make your purchase via
telephone, just give us a call at 1-888-262-8682 during regular business hours.
We will be happy to take your order right over the phone.
Credit Card Safety
Protecting the safety of your credit card
information is important to us.
We use Secure Sockets Layer
(SSL) technology to protect the security of your credit card information as it
is transmitted to us.
SSL is the gold standard in
Internet encryption technology, which is a fancy way of saying that it's a
highly sophisticated method of scrambling data as it travels from your computer
to our web site's servers.
How do I know my credit card
information is secure?
To make sure you are
accessing our secure server before you submit personal financial information,
look at the lower right-hand corner of your browser. If you see an unbroken key
or a closed lock (depending upon your browser), then SSL is active. To
double-check for security, look at the URL or Location line of your browser. If
you have accessed a secure server, the first characters of the address in that
line should change from "http" to "https."
Some browser versions and
some firewalls don't permit communication through secure servers like the ones
we use to process orders at CLIK3D.com. If for any reason you cannot access the
secure server, please feel free to place your order with us by phone at
1-888-262-8682.
NO RESALE OF SITE.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any part of the Site, use of the Site,
or access to the Site for any commercial purposes.
THIRD PARTY
SOFTWARE.
As a convenience to our
users, we may make third-party software available through the Site. To use the
third-party software, you must agree to the terms and conditions imposed by the
third party provider and the agreement to use such software will be solely
between you and the third party provider. By downloading third party software,
you acknowledge and agree that CLIK 3D does not guarantee that any software
downloaded through the Site will be free of viruses, worms, or Trojan horses or
other forms of corruptive code. CLIK 3D makes no representations or warranties
concerning the performance, effectiveness or any other aspect of any
third-party software downloaded through the Service. In no event shall CLIK 3D
(including its officers, directors, employees, affiliates and agents) be liable
for claims of any nature, whether direct or indirect, arising from or related
to any third-party software downloaded through the Service.
CLIK 3D's
PERFORMANCE GUARANTEE
CLIK 3D's PERFORMANCE
GUARANTEE CLIK 3D's Performance Guarantee is limited to processing a like
number of prints as the original customer order at no charge to the customer
provide that all applicable taxes and all usual delivery and handling will be
charged to the customer. The time of receipt of a customer's order will be
determined exclusively by CLIK 3D and all commercial orders are excluded from
this guarantee. CLIK 3D's Performance Guarantee will not be applicable where
CLIK 3D's offered print processing service is or may be effected, delayed or
unduly interrupted by war, events of terrorism, civil disobedience, postal
service interruptions, labour disputes, material shortages or any other
internal or external event or circumstances, whether commercial or
non-commercial, that may, in the sole opinion of CLIK 3D, interfere with the
ongoing and timely print/processing of customers' films order.
CLIK 3D RECYCLING
PROGRAM
100% of every CLIK 3D's
single use or disposable 3D camera's weight is reused or recycled when the
customer returns the camera to CLIK 3D for processing. All CLIK 3D's single use
or disposable 3D cameras may have parts or components that have been
recycled.
DISCLAIMER OF
WARRANTY AND LIMITATIONS OF LIABILITY
CLIK 3D hereby disclaims any
and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, operability or availability of information or material
in the Site. CLIK 3D further disclaims any responsibility for the deletion,
failure to store, misdelivery, or untimely delivery of any information or
material. CLIK 3D disclaims any responsibility for any harm resulting from
downloading or accessing any information or material through the Site. You, the
customer, will bear all risk associated with any content that you access. Your
accessing of any content made available by or through CLIK 3D and third parties
is subject to your agreement to this provision and these terms and conditions.
SUBJECT TO THE
LIMITED WARRANTY REFERRED TO BELOW OR ANY MANUFACTURER'S WARRANTY EXPRESSLY
REFERRED TO OR PROVIDED WITH A PARTICULAR PRODUCT PURCHASED THE SITE AND ALL
PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH
NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE
FULLEST EXTENT PERMITTED BY LAW, CLIK 3D DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY SERVICE OFFERED
THROUGH THE SITE OR OTHERWISE. CLIK 3D DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
CLIK 3D SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU, THE CUSTOMER, UNDERSTAND
AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY
RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL
CLIK 3D BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND
RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CLIK 3D HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH OR ON THE SITE, FROM
INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THIS SITE OR ANY SERVICE PURCHASED OR USED THROUGH THE
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE OR ANY AND ALL PRODUCTS AND
SERVICES PURCHASED, ACQUIRED OR SECURED THROUGH ACCESS OR USE OF THE SITE.
LIMITED WARRANTY
IN THE EVENT THAT
YOUR FILM(S), PRINT(S) OR NEGATIVE(S) ARE DAMAGED, LOST OR NOT RETURNED, YOU
AGREE TO ACCEPT A FULL REFUND OF THE PURCHASE PRICE, AN EQUIVALENT AMOUNT OF
UNEXPOSED FILM AND A FREE FILM PROCESSING VOUCHER(S) FOR SUCH FILM AS YOUR SOLE
AND EXCLUSIVE REMEDY AND AS THE LIMITS OF OUR LIABILITY, AND ANY RECOVERY FOR
INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXCLUDED.
TAX
The Federal Internet tax
moratorium bars the imposition of new taxes on the Internet itself and things
like Internet access services. Such moratorium does not change the
applicability of state and local taxes to sales transactions. Accordingly, CLIK
3D collects such taxes on the sale of merchandise online, based on rates and
rules applicable to the shipping address. These tax rates and rules can change
at any time.
Taxes are calculated based on
the price of the item(s) purchased. Tax-exempt organizations should provide
CLIK 3D with a copy of their exemption certificate, resale certificate, or
proof of exempt status. Non-profits should provide proof of their 501(c)(3)
status or other acceptable exemption certification. Federal agencies should
provide a federal tax ID certificate.
GOVERNING LAW
All legal issues arising from
or related to the use of this site shall be construed in accordance with, and
all questions with respect thereto shall be determined by, the laws of the
province of Ontario and the laws of Canada applicable therein without regard to
conflicts of law principles. By using the Site and agreeing to these terms and
conditions, you consent to personal jurisdiction and venue in the Province of
Ontario and the courts located in and serving the Judicial District of York
Ontario, Canada with respect to such disputes arising out of or relating to
these terms and conditions or your use of the Site
MODIFICATION OF TERMS
You agree that CLIK 3D
reserves the right to amend the Terms at any time, for any reason, and without
notice. Any amendments or modifications made by CLIK 3D shall be prospective
only.
ENTIRE AGREEMENT
These Terms constitute the
entire agreement between you and CLIK 3D and govern your use of the Site and
any purchases of products and services offered on or through the Site,
superseding any prior agreements between you and CLIK 3D. The failure of CLIK
3D to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Site or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
COPYRIGHT AND
TRADEMARK INFORMATION
CLIK 3D is a registered
trademark, and other CLIK 3D product names, service names, slogans or logos
referenced in this site are trademarks or registered trademarks of CLIK 3D. All
other company, product or service names referenced in this site are used for
identification purposes only and are trademarks of their respective owners. All
images, text and any other content on the Site are protected by copyright,
trademark, patent or other proprietary rights and laws. The copying,
reproduction, or publication of any part of the Site unless expressly
authorized in writing by CLIK 3D is prohibited.
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