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Terms of Service

Terms and Conditions of Service Agreement

Last Updated on Jun 16, 2023

This software application and the associated https://pelacase.com website (collectively, the “Digital Media”) are owned and operated by or on behalf of Pelacase Corporation and/or its affiliates (collectively, “PCC”).  These Terms and Conditions of Service (the “Terms and Conditions”) contain the terms, covenants, conditions and provisions upon which you may access and use the Digital Media and any other services and related information provided to you by PCC (collectively, the “Services”), either through the Digital Media or through other means and media, including but not limited to software, applications and data (collectively, the “PCC Materials”). As used herein “you” shall be deemed to refer to you as the individual accessing the Services. 

Before accessing the Digital Media and/or any of the Services please read these Terms and Conditions carefully, as well as PCC’s privacy policy - which is available at https://pelacase.com/policies/privacy-policy   (the “Privacy Policy”) – and all other PCC policies referenced herein.  Accessing the Digital Media, Services and any PCC Materials is conditioned on your agreement to these Terms and Conditions and the Privacy Policy.  By accessing the Services [or by clicking to accept or agree to these terms when this option is made available to you], you are indicating your Agreement to the Terms and Conditions as they relate to the Digital Media and its content, the Services and all related PCC Materials. By using the Services and/or any PCC materials, you agree that the Terms and Conditions will apply to your access to the Services and PCC Materials and you also consent to the use of your personal data by PCC and its authorized service providers as set out in the Privacy Policy.  If you do not agree with these Terms and Conditions or the Privacy Policy, you must not access the Digital Media, the Services or any PCC Materials, and PCC grants you no right to do so.  Notwithstanding the foregoing, if you are accessing the Services or the PCC Materials as obtained through an authorized third party (such as the Apple App Store or the Google Play Store) and pursuant to the terms of an applicable end user license agreement with such third party and/or with PCC, the terms of that end user license agreement (which may incorporate these Terms and Conditions by reference) shall apply.

These Terms and Conditions were last updated on August 15, 2022 and replace all prior terms and conditions of service. 

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. Additionally, you confirm your understanding that these Terms and Conditions shall apply to any PCC mobile application or PCC content on third-party social media services (e.g., a PCC Facebook® page) that reference these Terms and Conditions. In such instances, the term “Service” shall include the applicable mobile application or PCC content whenever that term is used herein.

PCC RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS UPON NOTICE, WHICH MAY BE GIVEN BY PCC POSTING SUCH CHANGE (OR REVISED TERMS AND CONDITIONS) ON THE SERVICE, BY E-MAIL, OR ANY OTHER REASONABLE WAY.  IF A CHANGE IS NOTIFIED BY A POSTING ON THE SERVICE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED[, AND APPLY TO ALL ACCESS RO AND USE OF THE SERVICES OR PCC MATERIALS THEREAFTER]; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A MODIFICATION IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS COMMUNICATED TO YOU BY OR ON BEHALF OF PCC.  [HOWEVER, ANY CHANGES TO THE DISPUTE RESOLUTION PROVISIONS SET OUT IN DISPUTE RESOLUTION WILL NOT APPLY TO ANY DISPUTES FOR WHICH THE PARTIES HAVE ACTUAL NOTICE BEFORE THE DATE THE CHANGE IS NOTIFIED.] YOUR CONTINUED USE OF THIS DIGITAL MEDIA AND ACCESS AND USE OF THE SERVICES OR ANY PCC MATERIALS FOLLOWING NOTICE OF SUCH MODIFICATIONS WILL BE CONCLUSIVELY DEEMED ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS AND CONDITIONS ON THE SERVICE, DELIVERED BY EMAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE. THE DIGITAL MEDIA, THE SERVICES AND THE PCC MATERIALS ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY ONLY USE THE DIGITAL MEDIA, THE SERVICES AND THE PCC MATERIALS PURSUANT TO THESE TERMS AND CONDITIONS IF YOU ARE OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS AND CONDITIONS

 

General Terms and Conditions:

  1. License Grant. The specific Services to be provided by PCC pursuant to these Terms and Conditions are those that: i) have been agreed to by PCC and you pursuant to an ordering document (whether electronic and provided through the Service, a paper document, a purchase through a third party service such as the Apple App Store, Google Play Store or otherwise) or an order placed by you via telephone (where applicable); or ii) have been agreed to pursuant to a separate agreement between PCC and your employer or other third-party organization that has arranged for you to be provided with Services (an “Order”). PCC hereby grants you a personal, revocable, non-exclusive, non-transferable license to access and use the PCC Materials provided as part of the Services contemplated in the relevant Order. Unless otherwise expressly authorized by PCC in writing, you may only use the PCC Materials for your own personal, non-commercial purposes. You may not make any use of any copies of the PCC Materials kept following the expiration and termination of the license to the PCC Materials other than as set out herein. You agree and acknowledge that any use and/or access to any Services or PCC Materials that exceeds the license restrictions set out herein or as set out in any Order is strictly prohibited. You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, download, store, or otherwise use any PCC Materials or other information or material obtained from or through the Digital Media or as part of the Services unless specifically authorized to do so in writing by PCC or as permitted by applicable law. Further, you may not post any PCC Materials or other content from the Digital Media to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior express written consent of PCC, which consent may be withheld by PCC in its sole discretion. You agree that you will not use the Services, any PCC Materials or the Digital Media for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Digital Media, the Services or the PCC Materials; (ii) collecting any information about other users of this Service, including passwords, accounts or other information; (iii) providing any PCC Materials to anyone other than you; or (iv) posting any notice or advertisement or sending any email, of a commercial nature or otherwise, intended to solicit business from other users of PCC Materials. 

You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Digital Media or any Services. This includes using (or permitting, authorizing, or attempting the use of): (i) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access , obtain, copy, monitor or republish any portion of the Digital Media or any data, content, information or Services; (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to, patterns, trends and correlations.

If you are based in the EU or the UK, you agree that the provisions of this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
The above clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.


If you have been provided with access to any Services, PCC Materials or Digital Media that represents a beta, test or other PCC-release version thereof (in each case, a “Beta Release”), you acknowledge and agree that your access to such Services, PCC Materials or Digital Media may be suspended or terminated at any time by PCC in its sole and absolute discretion and, if and when PCC determines to release a finished commercial version of such Services, PCC Materials and Digital Media, you may be required to add, install or add a new account for that finished commercial version in order to obtain access to it.

  1. Intellectual Property Rights. The PCC Materials and all other materials made available within the Digital Media or otherwise as part of the Services, unless otherwise indicated, are protected by law including, but not limited to, U.S., Canadian, European copyright, trade secret, patent and trademark law, as well as other federal, provincial, state, national, and international laws and regulations. The content, content layout and design of all PCC Materials and all other information on the Digital Media are the exclusive property of PCC or its licensors and, except as expressly provided herein, PCC does not grant any express or implied right in any such materials to you. In particular and without limitation, PCC owns the copyright in the Digital Media and the PCC Materials as collective works, and in the selection, coordination, arrangement, and enhancement of the content of the Digital Media and the PCC Materials. You agree that you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Digital Media, the Services of the PCC Materials any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Digital Media, the Services or any PCC Materials (except to the extent expressly permitted by PCC or authorized within the Services); use the Digital Media, the Services or any PCC Materials for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
    The company names and marks “Pela”, “Lomi”, “Lomi by Pela” and all other names, logos, and icons identifying PCC and/or PCC products and Services are proprietary marks of PCC or its licensors. Third-party trademarks displayed within the Digital Media or in the PCC Materials are the property of their respective owners. Except for the limited license to use the PCC Materials and the Digital Media as set forth herein, all other rights are expressly reserved by PCC. Unauthorized use or distribution, transfer or copying of the PCC Materials (alone or merged with other content, software, documentation or services), or failure to comply with any restriction herein will result in automatic termination of your license to access the Digital Media, the Services and the PCC Materials, your return or destruction (at our option) of any copies of the materials you have made, and will make available to PCC other legal remedies.

  2. Orders. Orders placed by you or any third party on your behalf are only valid when accepted by PCC or its authorized third-party distributors. You (or your organization or other third party as may have been separately agreed) will pay PCC (or its authorized third party distributor) the fees as specified on the relevant Order, which are due in full prior to access being granted to the Digital Media, the PCC Materials and/or any Services (unless payment instalments have been expressly agreed to by you, or a third party on your behalf, and PCC in writing). PCC reserves the right to revise or modify the content of any PCC Materials provided as part of the Services sold pursuant to an Order at any time.

  3. Disclaimers. PCC obtains the content of all PCC Materials from sources believed by it to be accurate and reliable. However, because of the possibility of human or mechanical error as well as other factors, all Digital Media content and all PCC Materials are provided on an “AS IS” and “AS AVAILABLE” basis without representation,  warranty or other term of any kind, and THE PCC PARTIES MAKE NO REPRESENTATION,  WARRANTY OR OTHER TERM, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO DIGITAL MEDIA CONTENT OR ANY PCC MATERIALS. You acknowledge and agree that in no event shall PCC be responsible or liable for the consequences of reliance on any statements, opinions or content presented within the Digital Media, in the PCC Materials or provided otherwise as part of the Services. You agree that any other disclaimers which appear within the Digital Media, in the PCC Materials or otherwise with respect to the Services are incorporated by reference in to these Terms and Conditions.

    PCC makes no representation, warranty or other term that any PCC Materials and/or other content on the Digital Media are appropriate or available for use in any particular locations, and access to them from territories where any such content illegal is prohibited. If you choose to access the Digital Media and/or any PCC Materials from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. PCC may limit the availability of the Digital Media and/or PCC Materials, in whole or in part, to any person, geographic area or jurisdiction PCC chooses, at any time and in PCC’s sole discretion. You agree and acknowledge that no oral or written information or advice given by PCC or any of its employees or agents in respect to the Digital Media or any PCC Materials shall constitute a representation, warranty, or other term unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE PCC MATERIALS AND OTHER CONTENT MADE AVAILABLE ON THE DIGITAL MEDIA AND OTHERWISE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE DIGITAL MEDIA OR ITS CONTENTS AND/OR PARTICULAR PCC MATERIALS ARE UNAVAILABLE. MOREOVER, PCC MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SERVICE, TO THE PCC MATERIALS OR TO OTHER CONTENT DESCRIBED OR MADE AVAILABLE ON THE DIGITAL MEDIA AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE PCC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE ON THE SERVICE. YOU ACKNOWLEDGE THAT SOME OR ALL OF THE SERVICES MAY BE IN A BETA PHASE OF DEVELOPMENT FOR AN INDEFINITE PERIOD OF TIME.

    TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, PCCTHE COLLECTIVE LIABILITY OF PCC AND ITS LICENSORS? SERVICE PROVIDERS? EMPLOYEES? AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER THIRD PARTY ARISING OUT OF THE PROVISION OF SERVICES OR USE OF THE DIGITAL MEDIA, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF: I) THE ACTUAL FEES PAID FOR THE SERVICES TO WHICH ANY SUCH CLAIM OF LIABILITY RELATES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR II) ONE HUNDRED CANADIAN DOLLARS (CAD $100). EXCEPT WHERE APPLICABLE LAW MANDATES OTHERWISE, IN NO EVENT SHALL PCC OR ITS LICENSORS AND AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, REVENUE, PROFITS, USE, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL MEDIA, SERVICES AND/OR PCC MATERIALS EVEN IF PCC IS ADVISED OF THE POSSIBILITY THEREOF. You must use all reasonable endeavors to mitigate any loss or damage whatsoever (and howsoever arising) and nothing in these Terms and Conditions shall be deemed to relieve or abrogate you of any such duty to mitigate any loss or damage.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnity. You agree to defend, indemnify and hold harmless PCC, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any claims, damages, liabilities, judgments, awards, losses, costs, expenses, or fees (including reasonable legal, attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Digital Media, your use of the PCC Materials, your use of the Services and/or any breach by you of these Terms and Conditions.

  2. Submissions, Usage Data. PCC and/or our service providers may make available through the Service, the PCC Materials or otherwise during the provision of Services, certain services to which you are able to post or otherwise record comments, information and/or feedback (for example, satisfaction surveys, message boards, blogs, chat features, messaging and/or comment functionalities, but excluding any personal logs). Any ideas, suggestions, information, feedback, know-how, material, and any other content other than Beta Feedback (collectively, “Submissions”) posted and/or received through the Digital Media, the Services or otherwise, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferable and fully sublicensable (through multiple tiers) right and license for PCC and its service providers, and each of their and our respective licensees, successors, and assigns,  to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Any Submissions you post or which are received through the Digital media, the Services or otherwise will be considered non-confidential and non-proprietary. You hereby waive: (i) any claim to the contrary; and (ii) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Digital Media complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, PCC does not control any of the user-submitted Submissions, they do not reflect the opinion of PCC, and PCC does not guarantee their accuracy or endorse any of the opinions expressed. PCC is not responsible or liable for: (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.

    You understand and acknowledge that you are responsible for all Submissions posted by you. PCC HAS NO RESPONSIBILITY FOR SUCH SUBMISSIONS. You hereby represent and warrant that you have all necessary rights in and to all Submissions that you provide. You agree that you shall not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Services, the PCC Materials or the Digital Media that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the safety, security or privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights and/or trademarks, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) promote or advocate any religion or religious figure, or ridicule or present any religion or religious figure in an offensive manner; (viii) promote or advocate any political party or organization, political or public figure, or ridicule or present any political party or organization, or political or public figure in an offensive manner; (ix) advertise or otherwise solicit funds or are a solicitation for goods or services except where expressly authorized by PCC in writing in its sole and absolute discretion; or (x) are treated as confidential under any contract or policy. Transmission of such material shall constitute a breach of these Terms and Conditions. PCC does not and cannot review every submission by users and is not responsible for, nor does it endorse, such submissions. However, PCC retains the right, but not the obligation, to review, edit or delete any Submissions which PCC determines, in its sole and absolute discretion, to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.



You acknowledge that you will not use the Services, the PCC Materials, the Digital Media or any products obtained from or through PCC in a way that would be damaging to PCC’s public reputation or that of its employees, partners, management and related entities. Additionally, you acknowledge that PCC may not PCC-screen all submitted Submissions, but that PCC and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Submissions that is submitted via the Services or the Digital Media, particularly Submissions provided when ordering any customized products or Services. You acknowledge that certain features of the current Services, PCC Materials and Digital Media, including but not limited to chat features, are not intended for access and/or use by children under the age of 18.

Without limiting any other provision of these Terms and Conditions, PCC may use the Services and the Digital Media to collect data (the “Usage Data”) concerning usage of the Services and the Digital Media by its authorized end users; provided that PCC shall have no right to use any personally identifying information (such as name, address, telephone number, social insurance number, social security number or other government identification number) except for the purposes set forth in the Privacy Policy. The Usage Data shall be owned by PCC and PCC may use the Usage Data for any purpose. PCC agrees to keep the names of its authorized end users confidential in connection with the Usage Data.

If you have been provided with access to a Beta Release of any Services, PCC Materials or Digital Media, you may have the opportunity to provide feedback, suggestions and other input (collectively, the “Beta Feedback”) concerning the Beta Release. You acknowledge and agree that your access to such Beta Release is provided in consideration of all Usage Data and Beta Feedback in respect your use of the Beta Release. You acknowledge and agree that as between you and PCC, PCC shall be the sole and exclusive owner of all right, title and interest in and to any such Usage Data and Beta Feedback without any compensation or further obligation being owed to you. You hereby waive any moral right you may otherwise have in respect of such Usage Data and Beta Feedback. You acknowledge and agree that PCC has no obligation no utilize or retain any such Usage Data or Beta Feedback and that PCC may freely assign or otherwise dispose of any or all of such Usage Data and/or Beta Feedback in its sole and absolute discretion.

  1. Export Restrictions. No PCC Materials, and no software or any other materials associated with the Digital Media and/or Services, may be downloaded, obtained or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Digital Media or provided in any other manner by PCC, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

  2. Dispute Resolution. THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of Service, the PCC Materials and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the Vancouver (Canada) International Arbitration Centre (the “VanICAC” (British Columbia, Canada) Domestic Arbitration Rules, as amended on September 1, 2020 for Domestic Arbitrations, and the Vancouver Arbitration Centre International Commercial Arbitration Rules, as amended on July 1, 2022, for International Arbitrations, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by PCC and you). The place of the arbitration shall be Kelowna, British Columbia, Canada. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts having competent jurisdiction within British Columbia, Canada for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, PCC may seek preliminary injunctive relief from any court of law having competent jurisdiction in the event of a breach of these Terms and Conditions and/or any applicable law by you.

[ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE DIGITAL MEDIA, THE SERVICES AND/OR THE PCC MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.] 

  1. Term, Termination. These Terms and Conditions will take effect when you first access the Digital Media and/or Services. PCC reserves the right at any time and for any reason to deny you access to the Digital Media, Services, the PCC Materials or any portion thereof. In the event of any such denial, any fees paid by you or on your behalf related to Services not yet provided will be refunded to you unless such denial is by reason of your breach of these Terms and Conditions or other misuse of the Digital Media, Services and/or PCC Materials. Termination will be effective without notice.

  2. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by PCC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

  3. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and PCC as a result of these Terms and Conditions or your utilization of the Digital Media and/or the Services.

  4. Severability. The provisions of these Terms and Conditions are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms and Conditions, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms and Conditions, shall not be affected.

  5. Entire Agreement/Reservation of Rights. As set out above, your rights to use the Digital Media, the PCC Materials, and any other material available on or through the Digital Media may be subject to separate written agreements with PCC, including an Order (“Other Agreements”). Particular content, pages or features of this Service, the Services and/or the PCC Materials with content supplied by PCC or its licensors may also have different or additional terms ("Special Terms"), which will be disclosed to you when you access those portions of content, pages or features, and by accessing or using such content, pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such content, pages or features. In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms and Conditions (including the Privacy Policy and any Additional Policies referenced herein) represent the entire agreement between you and PCC with respect to your use of the Digital Media, the PCC Materials and any content made available on or through the Service, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, covenants,  warranties, and other terms, or communications and proposals, whether electronic, oral, or written between you and PCC with respect to the Digital Media content, Services and/or PCC Materials. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, PCC data collection and usage practices in connection with the Digital Media are as set forth in the Privacy Policy.

  6. Contact Information. If you would like to contact PCC regarding these Terms and Conditions or the Privacy Policy, please contact hello@pela.earth. These Terms and Conditions (and the provision of Services and access to the PCC Materials to which they relate) shall be governed by the substantive laws of the Province of British Columbia, Canada, with regard to its conflicts of laws principles. Any action under these Terms and Conditions (where permitted by the Dispute Resolution provision in section 8 of these Terms and Conditions) shall be brought in the provincial courts located in Kelowna, British Columbia, Canada or the federal courts located in Vancouver, British Columbia, Canada, as applicable, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  7. Passwords. Your use of certain portions of the Digital Media and access to certain PCC Materials requires a password and/or the creation of a personal profile. As part of the creation of your personal profile, you may be required to select a username and password and provide PCC with accurate, complete and up-to-date relevant information. Anyone with knowledge of your password can gain access to the restricted portions of the Digital Media, the Services, the relevant PCC Materials and your personal profile. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password, as well as for any communications entered through the Digital Media using your password. You will also immediately notify PCC if you become aware of any loss or theft of your password or any unauthorized use of your password. PCC reserves the right to delete or change a password at any time and for any reason.

  8. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable federal, local, provincial, state, national, and international laws and regulations. While PCC and its service providers have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Digital Media over the Internet cannot be guaranteed. Accordingly, PCC and PCC licensors and service providers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained within the Digital Media, or for the consequences of any reliance on such information. PCC and PCC licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Digital Media, the Services and the PCC Materials. You are solely responsible for securing and backing up any content you transmit to the Digital Media. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL MEDIA OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL MEDIA OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR OTHER PROPERTY LINKED TO IT.

  9. Enforcing Security. Actual or attempted unauthorized use of any of the Digital Media, the Services and/or the PCC Materials may result in criminal and/or civil prosecution. For your protection, PCC reserves the right to view, monitor, and record activity within the Digital Media without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity within any of the Digital Media. PCC will also comply with all court orders involving requests for information. YOU WAIVE AND HOLD HARMLESS PCC AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  10. Links to Other Websites. PCC and/or its service providers may provide links, in their sole discretion, to other websites on the World Wide Web and other resources provided by third parties for your convenience in locating related information and services. These websites and other third-party resources have not necessarily been reviewed by PCC and are maintained by third parties over which PCC exercises no control. Accordingly, PCC and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “PCC Parties”) expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites or for any loss or damage that may arise from your use of them. Moreover, these links do not imply an endorsement of any third party or any websites or the products or services provided by any third party. If you decide to access any of these websites or other third-party resources linked to the Digital Media, the Services and/or the PCC Materials, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or other third-party resources. 
  11. Linking to the Digital Media and/or Services and Social Media Features. You may link to our Digital Media and/or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Digital Media, the Services and/or the PCC Materials may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Digital Media, the Services and/or the PCC Materials.
  • Send emails or other communications with certain content, or links to certain content, on the Digital Media, the Services and/or the PCC Materials.
  • Cause limited portions of content on the Digital Media, the Services and/or the PCC Materials to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website or other property that is not owned by you.
  • Cause the Digital Media, the Services and/or the PCC Materials or portions of them to be displayed on, or appear to be displayed by, any other site or property, for example, framing, deep linking, or in-line linking.
  • Link to any part of the website https://pelacase.com other than the homepage.
  • Otherwise take any action with respect to the materials on the Digital Media, the Services and/or the PCC Materials that is inconsistent with any provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.     

  1. Events Beyond PCC’s Control. You expressly absolve and release PCC and PCC licensors and service providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, pandemic or governmental restrictions.

  2. Language. Notwithstanding any translation of these Terms and Conditions or any Order, the English language shall control the interpretation of these Terms and Conditions and any Order and all other writings between you and PCC. You and PCC have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions and the Services be drawn up in English unless otherwise agreed in writing. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.