CONDITIONS OF USE (CA)
Last Updated: July 8, 2021
Welcome to Amazon Relay. Amazon Canada Fulfillment Services, ULC, and/or its affiliates ("Amazon.ca") provide Web site features and other products and services to you when you visit relay.amazon.ca, use Amazon.ca products or services, use Amazon.ca applications for mobile, or use software provided by Amazon.ca in connection with any of the foregoing (collectively, "Amazon.ca Services"). Amazon.ca provides the Amazon.ca Services subject to the following conditions of use (these “Conditions of Use”).
By using Amazon.ca Services, you agree to these conditions. Please read them carefully. In addition, when you provide any services to or on behalf of Amazon.ca, you also will be subject to terms of service or other applicable agreements governing those services (the “Agreement”). If these Conditions of Use are inconsistent with the Agreement, the Agreement will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of the Amazon.ca Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Amazon.ca Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Amazon.ca Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Amazon.ca Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Amazon.ca or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Amazon.ca Service is the exclusive property of Amazon.ca and protected by Canadian and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of Amazon trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon.ca Service are trademarks or trade dress of Amazon.com, Inc., or its affiliates, in the United States and other countries. Amazon.com, Inc.'s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Amazon.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon.com, Inc. or its affiliates. All other trademarks not owned by Amazon.com, Inc. or its affiliates that appear in any Amazon.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon.com, Inc. or its affiliates.
PATENTS
One or more patents owned by Amazon.ca apply to the Amazon.ca Services and to the features and services accessible via the Amazon.ca Services. Portions of the Amazon Services operate under licence of one or more patents. Click here to see a non-exhaustive list of applicable Amazon.ca patents and applicable licenced patents.
LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and the Agreement, Amazon.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Amazon.ca Services for the sole and exclusive purpose for which the applicable Amazon.ca Service was designed. This licence does not include any resale or commercial use of any Amazon.ca Service or its contents; any derivative use of any Amazon.ca Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or the Agreement are reserved and retained by Amazon.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No Amazon.ca Service, nor any part of any Amazon.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than those expressly contemplated under these Conditions of Use without the express written consent of Amazon.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon.ca's name or trademarks without the express written consent of Amazon.ca. You may not misuse the Amazon.ca Services. You may use the Amazon.ca Services only as permitted by law. The licences granted by Amazon.ca terminate if you do not comply with these Conditions of Use or the Agreement.
YOUR ACCOUNT
You may need your own Amazon account to use certain Amazon.ca Services, and you may be required to be logged in to the account and have a valid method to receive payment associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Amazon.ca reserves the right to refuse service, terminate accounts, terminate your rights to use Amazon.ca Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent such functionality is present, authorized users may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Amazon.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Amazon.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Amazon.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Amazon.ca for all claims resulting from content you supply. Amazon.ca has the right but not the obligation to monitor and edit or remove any activity or content. Amazon.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Amazon.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
APP PERMISSIONS
When you use apps created by Amazon.ca you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Amazon.ca Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Amazon.ca Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Amazon Software), technology, and services.
OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Amazon. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). Amazon.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE AMAZON.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. AMAZON.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON.CA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON.CA DOES NOT WARRANT THAT THE AMAZON.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON.CA SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Amazon.ca Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to these Conditions of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon.ca will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
(Not applicable to Quebec consumers) By using any Amazon.ca Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.ca.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Amazon.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on the Amazon.ca site. These policies also govern your use of Amazon.ca Services. We reserve the right to make changes to our site, policies, the Agreement, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Amazon Canada Fulfillment Services, ULC
P.O. Box 81226
Seattle, WA 98108-1226
USA
ADDITIONAL AMAZON SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Amazon.ca Services (the "Amazon Software").
1. Use of the Amazon Software. You may use Amazon Software solely for purposes of enabling you to use the Amazon.ca Services as provided by Amazon.ca, and as permitted by these Conditions of Use and the Agreement. You may not incorporate any portion of the Amazon Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or licence the Amazon Software in whole or in part. All software used in any Amazon Service is the property of Amazon.ca or its software suppliers and is protected by Canadian and international copyright laws.
2. Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Amazon Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Amazon Software at any time and without notice to you.
5. Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Amazon Software.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other Amazon or third-party terms applicable to any portion of Amazon Software, such as open-source licence terms, such other terms will control as to that portion of the Amazon Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright Agent
Amazon.ca Legal Department
P.O. Box 81226
Seattle, WA 98108
USA
Phone: (206) 266-4064
Email: copyright@amazon.com
Courier address:
Copyright Agent
Amazon.ca Legal Department
2021 7th Avenue
Seattle, WA 98121
USA
Written claims concerning copyright infringement must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PRIVACY NOTICE
Amazon knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
Please note that Amazon Canada Fulfillment Services, ULC operates this site and is a subsidiary of Amazon.com, Inc. or its affiliates (“Amazon”). If you have an account on www.amazon.ca and an Amazon.ca cookie, information gathered by Amazon Canada Fulfillment Services, ULC may be correlated with any personally identifiable information that Amazon has and used by Amazon Canada Fulfillment Services, ULC and Amazon to improve the services we offer.
As a subsidiary of Amazon, Amazon Canada Fulfillment Services, ULC follows the same information practices as Amazon, and information we collect is subject to the Amazon.ca Privacy Notice. By visiting our site, you are accepting the practices described in the Amazon.ca Privacy Notice.