Welcome to RE/MAX Canada, a direct mail solution provided by Canada Post Corporation (“Canada Post
”) and powered by Taradel Canada, Inc. (“Taradel
”) at www.canadapost.ca/sam (the “Website
”), govern your access to and use of the Website and related services, including any content, functionality and services offered on or through the Website (collectively, the “Services
” or “us
” mean Canada Post and Taradel and their respective directors, officers, agents, employees, contractors, shareholders, affiliates, subsidiaries, licensors, suppliers and representatives, and references to “you
” or “your
” mean you as the Website user and, if applicable, the legal entity that you represent in using the Website.
Storage and Privacy of Information
You acknowledge that Taradel's responsibility is limited to providing Website customer service, preparing mail pieces and completing delivery to Canada Post for further distribution. You further acknowledge that Taradel does not assume any liability for the activities of Canada Post, including any performance failures or delivery delays.
Direct Mail Services
Through the Website, you have the ability to configure, order and ship direct mail materials to your customers. However, direct mail comes with risk and we do not guarantee results from a direct mail campaign.
If you are a mail service provider, you may use the data available via the Website for the sole purpose of assisting your customers with the planning, managing and ordering of mailing campaigns. You may create derivative files using all or a portion of the data available via the Website for this purpose only. For greater certainty, data and derivative files may not be used for any other purpose. You agree not to disclose or make available any data or derivative file to any party other than the customer for whom you obtained the data. You agree not to permit any party other than the customer for whom you obtained the data to use any data or derivative files, and you agree not to use the data or derivative files on behalf of any party other than the customer for whom you obtained the data.
You are licensed to use the data for the purposes set out above only during the time period indicated on the data, or if no date is indicated on the data, 30 days from the date the data was obtained by you from the Website. On the expiry of the time period noted above, you shall cease to use the data and derivative files for all purposes and destroy all data and derivative files that are in your possession and you will have no further right to use or possess the data or the derivative files.
Restrictions on User Material; Indemnification
In using the Services, you agree not to order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Website or otherwise (“User Material
”) that constitutes:
- an unlawful purpose or that is obscene, offensive, cruel, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, colour, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging; further, you understand and agree that any material that we deem in our sole discretion to fall into any of the above descriptions will be rejected;
- any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals;
- any material that the customer does not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe or misappropriates or may misappropriate any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity; or
- any material which is likely to cause harm to the Website, any system that runs or is connected to the Website or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Website or any system that runs or is connected to the Website or which may cause any defect, error, malfunction or corruption to the Services.
Accessing the Website and Account Security
We reserve the right to withdraw or modify the Website and any service or material provided on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you and other users, including registered users.
You are responsible for:
- making all arrangements necessary for you to have access to the Website; and
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. We cannot be responsible for any use of the Website by a person purporting to be you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Terms of Sale
Except as expressly provided otherwise, all Website sales are FINAL.
No refunds are available on orders unless art files have NOT been uploaded to the Website, submitted to customer service or sent to press. On jobs that meet the above criteria, you must contact Taradel within 30 days to request a refund. Any refund requests approved after 30 days will be issued as a credit toward the next order
All refunds are subject to a 5% processing fee, which will be deducted from the amount of the credit applicable to your next order.
You acknowledge that Taradel may place and print a small code on a customer's print piece to help ensure accurate processing.
If a direct mail balance payment declines and is unable to be processed within 3 business days of your mail drop date, your pieces will be held and re-prepped for the next available drop date once your payment clears. A $25 per thousand pieces re-prep fee will be charged.
We cannot take responsibility for typing, image quality, or design errors on user-submitted artwork and have no obligation to inform you if it notices any such errors.
Taradel guarantees prints will not be defective in accordance with general print industry standards. If a print is found to be defective, then you may contact a RE/MAX Canada representative IN WRITING via email addressed to email@example.com within 6 business days of receiving your order for a reprint or other compensation. Samples of the defective merchandise must be provided to Taradel prior to any resolution. If the product is deemed defective, Taradel will provide compensation within thirty (30) days.
All deposits received become non-refundable 90 days after receipt and will be deemed to have been earned by us.
Gang Run Printing
Taradel uses gang run printing. A gang-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. All gang run printing is subject to a 10% colour variance. This is a standard commercial printing variance and meets customer satisfaction requirements for 99% of the work we run here at Taradel. HOWEVER, if a job is colour critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.
Disclaimer of Warranty
WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE WEBSITE BY ANY THIRD PARTY, INCUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS OR REGISTERED AND NON-REGISTERED USERS OF THE WEBSITE.
Limitation of Liability
THE MAXIMUM LIABILITY OF TARADEL TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID TARADEL FOR THE SPECIFIC SERVICES IN RESPECT OF WHICH YOU HAVE A CLAIM AGAINST TARADEL.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS WEBSITE AND YOU ACKNOWLEDGE THAT NEITHER CANADA POST NOR TARADEL SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATIONS TRANSMITTED, DISTRIBUTED, POSTED, OR OTHERWISE MADE AVAILABLE TO OR THROUGH THE WEBSITE, FOR ANY REASON WHATSOEVER.
Governing Law and Venue
Notification of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, you may notify Taradel’s Copyright Agent, Tom McNally, to receive notifications of claimed infringement at firstname.lastname@example.org. Any personal information you provide in your notice will be used only for purposes related to your notice.