Terms of Service
Last updated: October 12, 2023
These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with https://www.idpack.cloud/ website (the “Service”) operated by IDpack Cloud (“IDC”, “IDpack in the Cloud”, “us”, “we”, or “our”).
Please read these Terms of Service carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or IDpack Cloud cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting IDpack Cloud customer support.
A valid payment method, including credit card or PayPal, is required to process your subscription payment. You shall provide IDpack Cloud with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize IDpack Cloud to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, IDpack Cloud will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial – Freemium – IDC Starter
IDpack Cloud may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by IDpack Cloud until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, IDpack Cloud reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
IDpack Cloud, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
IDpack Cloud will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by IDpack Cloud on a case-by-case basis and granted at the sole discretion of IDpack Cloud.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property rights of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
By submitting, posting, or displaying and/or on or through the Services any ideas, suggestions (“Postings”), concepts, and feedback, you give IDpack Cloud a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, translate, adapt, publish, publicly perform, distribute and publicly display any such Postings for any purpose and in any medium worldwide (including incorporating the Postings into the Services) without any obligation to compensate you or any other third party in any way for any such use.
When you delete IP (Intellectual property) content or close your account, it is deleted like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to templates, layouts, text, images, graphics, or code, are the property of IDpack Cloud and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use or to place an order with IDpack Cloud Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of IDpack Cloud or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Unless renewed, subscription agreements terminate automatically at the end of the subscription period. Content incorporated into printed cards may continue to be used in perpetuity in that project. Any Content not included in a project at the end of the 30 day grace period is not considered licensed and must be deleted. Any content used within the 30 day grace period remains subject to the terms of this agreement. IDpack Cloud may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this agreement and/or abuse of the subscription account, in which case you must immediately: cease using the Content; delete or destroy any copies; confirm to IDpack Cloud in writing that you have complied with these requirements, and pay IDpack Cloud any amounts which remain owing to the end of the term of your subscription as set on your invoice.
Links To Other Web Sites
The Service may contain links to third-party websites or services that are not owned or controlled by IDpack Cloud.
IDpack Cloud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that IDpack Cloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless IDpack Cloud, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
IDpack Cloud, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
IDpack Cloud makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
IDpack Cloud its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and IDpack Cloud chooses not to immediately act, or chooses not to act at all, IDpack Cloud will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. IDpack Cloud does not waive any of its rights. IDpack Cloud shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
Governing Law
These Terms shall be governed by, and interpreted, and enforced in accordance with the laws in the Province of Quebec and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made, we will make reasonable efforts to provide at least 30 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.