Terms of Use

Welcome to the Casca Designs Inc. website, operated by Casca Designs Inc. (hereby referred to as “Casca”) and located at  www.casca.com(collectively, the "Site"). The following terms and conditions (“Terms”) govern your use of the Site and your use of any Casca application (“App”).

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site, App or any content, material, products or services made available on or through the Site or App (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use.

Casca Designs, Inc. is committed to making our website's content accessible and user friendly to everyone.  If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 1-604-873-1605 or email our team at info@casca.com with a description of the specific feature you feel is not fully accessible or requires improvement. We take all accessibility feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall policies.

  1. Registration

In order to access certain content, material, products or services on the Site or App, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Casca will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the Service, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Casca or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Service is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Service change, please login to your account and update such information directly on the Service.

Any personal information that you provide to us via the Service is subject to our Privacy Policy.

  1. Purchases

Some products or services made available through the Service may be available for purchase. Where you use our on-line store or otherwise make purchases through our Services, our Terms of Sale apply [INSERT LINK].

  1. General Restrictions on Use

You agree to use the Site, App and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site, App and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

  • Access any of the Services by any means other than through the interface that is provided by Casca;
  • Gain unauthorized access to Casca’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, App, the Services, Casca’s networks and computer systems;
  • Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  • Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site, App or the Services for any purpose; nor
  • Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Casca in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Casca grants you a non-transferable, revocable, personal license to use the App on any mobile device products that you own or control. These terms will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Casca that replace or supplement the original App. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

You may not transfer, redistribute or sublicense the App. You may not (a) copy, decompile, decrypt, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App);  (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service; or .

 

  1. Content and Data

As between you and Casca, Casca owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available by Casca through the Services (“Services Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Content. All Services Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Services Content. As between you and Casca, all names, trademarks, symbols, slogans, or logos appearing on the Services are proprietary to Casca or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Services Content, other than the right to use the Services Content in accordance with these Terms.

Certain features of the Services may allow you to contribute feedback and other information to the Services for access, use, viewing, and commentary by other users of the Services (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Casca on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Casca, you grant Casca a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Casca shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

Where you use the App, You agree that Casca may collect and use usage, diagnostic and technical data and related information that is gathered periodically during your use of the App, including without limitation location data and image data that you collect through the use of the App and, if link your account to a commercial subscription account, to communicate such information to whom you connect your account and such other third parties whom you agree to share that data with, facilitate the provision of software updates, product support, and other services to you (if any) related to the App. While you (or, if you are an employee or contractor using the App in the course of your employment, your employer) retain all copyright in any images and other information that you process through the App You grant Licensor a perpetual, royalty free, worldwide, irrevocable license to use this data and information to (i) provide services, information, data and technologies to you and others; and (ii) as long as it is in a form that does not personally identify you, to improve its products and for other analytical or similar purposes.

Further, the App and Service includes functionality that is designed to capture images of human feet and through the Service, that information 3D reconstruction of those images (“Reconstruction”). Where you enable this feature, we may use this data to create these Reconstructions and use them to (i) create and provide you with customised footwear products purchased through the Services; and (ii) where stored on an anonymized basis, to improve the Services. .

 

  1. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Services Content, or the Site, including information submitted in connection with the Services Content or other features at any time, with or without notice in our sole discretion.

  1. Disclaimers and Warranties

Casca reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Casca is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate.

CASCA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES: (I) THAT THE SITE, SERVICES, SERVICES CONTENT, GOODS, ADVICE, INFORMATION OR LINKS PROVIDED ON THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; (IV) REGARDING THE SERVICES CONTENT, GOODS, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES OR USERS; (V) THAT THE SITE, SERVICES CONTENT, GOODS, SERVICES, ADVICE, OR INFORMATION DISPLAYED ON THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (VI) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE GREATEST EXTENT PERMITTED BY LAW, CASCA FURTHER DISCLAIMS ANY RESPONSIBILITY FOR TH ACCURACY OF ANY RECONSTRUCTIONS, AND MAKES NO WARRANTY THAT ANY PRODUCTS CREATED USING THE RECONSTRUCTIONS WILL FIT YOUR BODY, WILL BE FIT FOR PURPOSE OR WILL BE OF MERCHANTABLE QUALITY.

You understand that the technical processing and transmission of any Services Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Services will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Services or the Internet, including, for example, personal information such as your name or address. Casca assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Services Content and/or Services except to the extent that they are expressly set out in these Terms.

  1. Limitation of Liability

IN NO EVENT WILL CASCA BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL CASCA’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CASCA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). CASCA WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Without limiting the foregoing, you understand and acknowledge that Casca shall not be liable to you for:

  • Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site, App or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
  • Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site, App or the Services; (ii) any changes that Casca may make to the Site, App or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.

The limitations on Casca’s liability to you in this Section 7 shall apply whether or not Casca has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE SITE, APP, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, APP AND SERVICES.

  1. Indemnity

You agree to defend, indemnify and hold harmless Casca, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, App and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing the Services using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Casca.

  1. Links To Other Sites

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Casca has no control over these websites and that these Terms of Use do not apply to any third party sites. Casca cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Casca encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

  1. Complaint Procedures

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Casca by email at info@casca.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

  1. Dispute Resolution

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the Commercial Arbitration Act in the Province of British Columbia, Canada, the (the “CAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Vancouver, British Columbia, Canada, unless Casca elects otherwise.

  1. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Casca and govern your use of the Site, Services and any transactions you may have with Casca through the Services and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Casca in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Casca may make changes to these Terms from time to time. Your continued use of the Site, App or Services following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Casca will make a new copy of the Terms of Use available on the Site. You agree that Casca is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Casca does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Casca has the benefit of under any applicable law), this will not be taken to be a formal waiver of Casca’s rights and that those rights or remedies will still be available to Casca. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Site, App and Services are controlled and operated from within Canada. Without limiting anything else, Casca makes no representation that the Site, App, Services Content, Comments, services, products, information or other materials available on, in, or through the Services are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Services from other locations do so on their own volition and are responsible for compliance with applicable laws.

Last Updated: October 28, 2019