Terms of Service
1. Introduction
Welcome to Film.Ca Entertainment Corporation operating as Digital Works Canada ("Digital Works Canada," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website and services (collectively, the "Services"). By placing an order or using our Services, you ("Customer," "you," or "your") agree to be bound by these Terms.
2. Services Provided
Digital Works Canada offers media digitization services, which include converting personal media such as home movies, film reels, photographs, tapes, and audio recordings ("Materials") into digital formats ("Digital Materials"). We provide various options for receiving your Digital Materials, such as USB drives, DVDs, or secure cloud storage. Additional services may include customer support, order tracking, and subscription-based offerings.
3. Orders and Acceptance
When you place an order with us ("Order"), you are making an offer to purchase our Services. All Orders are subject to acceptance by Digital Works Canada, and we reserve the right to accept or decline any Order at our discretion. An Order confirmation will be sent to you detailing the Services to be performed.
4. User Representations and Warranties
By submitting Materials to us, you represent and warrant that:
- You are the owner of the Materials or have obtained all necessary rights and permissions to allow us to perform the Services.
- The Materials do not infringe upon any copyright, trademark, or other intellectual property rights of any third party.
- The Materials do not contain any unlawful content, including but not limited to libellous, obscene, or offensive material.
5. Unlawful Content
We reserve the right to refuse to process any Materials that we believe violate applicable laws or these Terms. If unlawful content is discovered in your Materials, we may take appropriate actions, which could include reporting to law enforcement authorities.
6. Shipping and Risk of Loss
6.1. Shipping to Digital Works Canada
Whether or not we providing shipping materials, you are responsible for shipping your Materials to our facility. We recommend using a trackable and insured shipping method. Risk of loss or damage to the Materials remains with you until the Materials are received at our facility.
6.2. Shipping from Digital Works Canada
Once we have completed the Services, we will ship your original Materials and Digital Materials back to you using a carrier of our choice. Risk of loss or damage transfers to you upon our delivery of the package to the carrier.
YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO DIGITAL WORKS CANADA, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PLACING AN ORDER WITH DIGITAL WORKS CANADA, YOU ACCEPT THIS RISK.
7. Return Policy
If you are not satisfied with the Digital Materials, you may contact us within thirty (30) days of receipt to address any issues. We may offer a re-transfer of the Materials or other remedies at our discretion. Returns or refunds beyond this period are not guaranteed and will be considered on a case-by-case basis.
8. Limitation of Liability
To the maximum extent permitted by Canadian law:
- Digital Works Canada shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
- Our total liability to you for any claim arising from these Terms or the Services shall not exceed the total amount paid by you for the specific Order in question.
9. Indemnification
You agree to indemnify and hold harmless Digital Works Canada, its affiliates, employees, and agents from any claims, damages, or expenses arising out of or related to:
- Your breach of these Terms.
- Any infringement of third-party rights resulting from your Materials.
- Your violation of any applicable laws.
10. Governing Law**
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
11. Dispute Resolution
Any disputes arising under these Terms shall be resolved through arbitration in accordance with the Arbitration Act, 1991 (Ontario), or any successor legislation. The place of arbitration shall be Oakville, Ontario, and the language of arbitration shall be English.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
13. Amendments
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services constitutes acceptance of the revised Terms.
14. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Digital Works Canada regarding the Services and supersede all prior agreements or understandings.
15. Contact Information
For any questions or concerns about these Terms, please contact us at:
Film.Ca Entertainment Corporation
O/A Digital Works Canada
171 Speers Road
Oakville, ON L6K 3W8
Email: digitalworks@film.ca
16. Acknowledgment
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Welcome to Film.Ca Entertainment Corporation operating as Digital Works Canada ("Digital Works Canada," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website and services (collectively, the "Services"). By placing an order or using our Services, you ("Customer," "you," or "your") agree to be bound by these Terms.
2. Services Provided
Digital Works Canada offers media digitization services, which include converting personal media such as home movies, film reels, photographs, tapes, and audio recordings ("Materials") into digital formats ("Digital Materials"). We provide various options for receiving your Digital Materials, such as USB drives, DVDs, or secure cloud storage. Additional services may include customer support, order tracking, and subscription-based offerings.
3. Orders and Acceptance
When you place an order with us ("Order"), you are making an offer to purchase our Services. All Orders are subject to acceptance by Digital Works Canada, and we reserve the right to accept or decline any Order at our discretion. An Order confirmation will be sent to you detailing the Services to be performed.
4. User Representations and Warranties
By submitting Materials to us, you represent and warrant that:
- You are the owner of the Materials or have obtained all necessary rights and permissions to allow us to perform the Services.
- The Materials do not infringe upon any copyright, trademark, or other intellectual property rights of any third party.
- The Materials do not contain any unlawful content, including but not limited to libellous, obscene, or offensive material.
5. Unlawful Content
We reserve the right to refuse to process any Materials that we believe violate applicable laws or these Terms. If unlawful content is discovered in your Materials, we may take appropriate actions, which could include reporting to law enforcement authorities.
6. Shipping and Risk of Loss
6.1. Shipping to Digital Works Canada
Whether or not we providing shipping materials, you are responsible for shipping your Materials to our facility. We recommend using a trackable and insured shipping method. Risk of loss or damage to the Materials remains with you until the Materials are received at our facility.
6.2. Shipping from Digital Works Canada
Once we have completed the Services, we will ship your original Materials and Digital Materials back to you using a carrier of our choice. Risk of loss or damage transfers to you upon our delivery of the package to the carrier.
YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO DIGITAL WORKS CANADA, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PLACING AN ORDER WITH DIGITAL WORKS CANADA, YOU ACCEPT THIS RISK.
7. Return Policy
If you are not satisfied with the Digital Materials, you may contact us within thirty (30) days of receipt to address any issues. We may offer a re-transfer of the Materials or other remedies at our discretion. Returns or refunds beyond this period are not guaranteed and will be considered on a case-by-case basis.
8. Limitation of Liability
To the maximum extent permitted by Canadian law:
- Digital Works Canada shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
- Our total liability to you for any claim arising from these Terms or the Services shall not exceed the total amount paid by you for the specific Order in question.
9. Indemnification
You agree to indemnify and hold harmless Digital Works Canada, its affiliates, employees, and agents from any claims, damages, or expenses arising out of or related to:
- Your breach of these Terms.
- Any infringement of third-party rights resulting from your Materials.
- Your violation of any applicable laws.
10. Governing Law**
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
11. Dispute Resolution
Any disputes arising under these Terms shall be resolved through arbitration in accordance with the Arbitration Act, 1991 (Ontario), or any successor legislation. The place of arbitration shall be Oakville, Ontario, and the language of arbitration shall be English.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
13. Amendments
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services constitutes acceptance of the revised Terms.
14. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Digital Works Canada regarding the Services and supersede all prior agreements or understandings.
15. Contact Information
For any questions or concerns about these Terms, please contact us at:
Film.Ca Entertainment Corporation
O/A Digital Works Canada
171 Speers Road
Oakville, ON L6K 3W8
Email: digitalworks@film.ca
16. Acknowledgment
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.