Conditions of Use

20220702_rev01 · COMPARED WITH 20220501_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20220501_rev01 to 20220702_rev01

4747## RISK OF LOSS
4848
4949Risk of loss and title for items purchased from Amazon.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.
5050
5151## RETURNS, REFUNDS AND TITLE
5252
53Amazon.ca does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Amazon.ca does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund. Details about the restocking fees and partial refunds can be found on our [Refunds help page](https://www.amazon.ca/gp/help/customer/display.html). For more information about our returns and refunds in general, please see our [Online Returns Centre](https://www.amazon.ca/gp/css/returns/homepage.html).
53Amazon.ca does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Amazon.ca does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund. Details about the restocking fees and partial refunds can be found on our [Refunds help page](https://www.amazon.ca/gp/help/customer/display.html/). For more information about our returns and refunds in general, please see our [Online Returns Centre](https://www.amazon.ca/gp/css/returns/homepage.html).
5454
5555## PRODUCT DESCRIPTIONS
5656
5757Amazon.ca attempts to be as accurate as possible. However, Amazon.ca does not warrant that product descriptions or other content of any Amazon.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by Amazon.ca itself is not as described, your sole remedy is to return it in unused condition.
5858
5959## PRICING
8383THE 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 WRITING. 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.
8484
8585TO 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.
8686
8787## DISPUTES
8888
89**Any dispute or claim relating in any way to your use of any Amazon.ca Service, or to any products or services sold or distributed by Amazon.ca or through Amazon.ca Services will be resolved by binding arbitration, rather than in court,** except that: (1) you may assert claims in small claims court if your claims qualify and (2) if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.
89**Any dispute or claim relating in any way to your use of any Amazon.ca Service, or to any products or services sold or distributed by Amazon.ca or through Amazon.ca Services will be resolved by binding arbitration, rather than in court**, except that (1) you may assert claims in small claims court if your claims qualify and (2) if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.
9090
9191**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.**
9292
9393To 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.
9494
9595**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.
9696
9797## APPLICABLE LAW
9898
9999By 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, except to the extent Canadian federal or provincial law says otherwise.
100100
101## SITE POLICIES, MODIFICATION AND SEVERABILITY
101## SITE POLICIES, MODIFICATION, AND SEVERABILITY
102102
103103Please review our other policies, such as our [pricing](https://www.amazon.ca/gp/help/customer/display.html) policy, 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, Service Terms, 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.
104104
105105## OUR ADDRESS
106106
107107Amazon.com.ca, Inc.
108
109108 P.O. Box 81226
110
111109 Seattle, WA 98108-1226
112
113110 USA
114111
115[https://www.amazon.ca](https://www.amazon.ca/)
112https://www.amazon.ca
116113
117114## ADDITIONAL AMAZON SOFTWARE TERMS
118115
119116The 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").
120117
1211181. **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 any Service Terms. 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.
131128
132129We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
133130
134131We 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:
135132
136133Copyright Agent
137
138134Amazon.ca Legal Department
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140135P.O. Box 81226
141
142136Seattle, WA 98108
143
144137USA
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146138Phone: (206) 266-4064
147
148139Email: copyright@amazon.com
149140
150141Courier address:
151
152142Copyright Agent
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154143Amazon.ca Legal Department
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1561442021 7th Avenue
157
158145Seattle, WA 98121
159
160146USA
161147
162148Written claims concerning copyright infringement must include the following information:
163149
164150- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
165151- A description of the copyrighted work that you claim has been infringed upon;