St. John's IceCaps
Powered By Rogers
Terms and Conditions

The online website, shop.stjohniscecaps.com (the “Online Shop”), is owned by the St. John’s IceCaps (“IceCaps”) and the IceCaps operate the Online Shop in conjunction with Eclipse Media Group Inc. (“Eclipse”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE SHOP. BY USING THE ONLINE SHOP, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THE ONLINE SHOP.


Products, Content and Specifications. All content, specifications, features, products and prices of products and   services described or depicted on any page of the Online Shop are subject to change at any time without notice. Certain   weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The IceCaps make all reasonable efforts to accurately display the attributes of its   products, including the applicable colors; however, the actual color you see   will depend on your computer system and The IceCaps cannot guarantee that your   computer will accurately display such colors. The inclusion of any products or services in   the Online Shop at a particular time does not imply or warrant that these   products or services will be available at any time. It is your responsibility   to ascertain and obey all applicable local, provincial, federal and   international laws (including minimum age requirements) in regard to the   possession, use and sale of any item purchased from the Online Shop. By placing an order, you represent that the   products ordered will be used only in a lawful manner. Any and all videocassettes, DVDs and similar   products sold are for private, non-public performance and may not be   duplicated.

Shipping   Limitations. When an order is   placed, it will be shipped to an address designated by the purchaser as long   as that shipping address is compliant with the shipping restrictions   contained in the Online Shop. All   purchases from the Online Shop are made pursuant to a shipment contract. As a result, risk of loss and title for   items purchased from the Online Shop pass to you upon delivery of the items   to the carrier. You are responsible   for filing any claims with carriers for damaged and/or lost shipments.

Accuracy   of Information. The IceCaps   attempt to ensure that information in the Online Shop is current, complete   and accurate. Despite its efforts, the   information in the Online Shop may occasionally be out of date, inaccurate or   incomplete. The IceCaps make no   representation as to the currentness, completeness or accuracy of any   information in the Online Shop. For   example, products included in the Online Shop may be unavailable, may have   different attributes than those listed, or may actually carry a different   price than that stated in the Online Shop. In addition, The IceCaps may make changes in   information about price and availability without notice. While it is The IceCaps’ practice to confirm   orders by email, the receipt of an email order confirmation does not   constitute The IceCaps’ acceptance of an order or its confirmation of an   offer to sell a product or service.   The IceCaps reserve the right, without prior notice, to limit the   order quantity on any product or service and/or to refuse service to any   customer. The IceCaps also may require   verification of information prior to the acceptance and/or shipment of any order.

Use   of the Online Shop. The Online   Shop design and all text, graphics, information, content, and other material   displayed on or that can be downloaded from the Online Shop are either the   property of, or used with permission by, The IceCaps and are protected by copyright, trademark and other laws and may not be used except as permitted   in these Terms and Conditions or with the prior written permission of the   owner of such material. The software   and other technology components of this website are the property of Eclipse   or its affiliates and suppliers. You   may not modify the information or materials located in the Online Shop in any   way or reproduce or publicly display, perform, or distribute or otherwise use   any such materials for any public or commercial purpose. Any unauthorized use of any such information   or materials may violate copyright laws, trademark laws, laws of privacy and   publicity, and other laws and regulations.

Trademarks. Certain trademarks, trade names, service   marks and logos used or displayed in the Online Shop are registered and   unregistered trademarks, trade names and service marks of The IceCaps and its   affiliates. Other trademarks, trade   names and service marks used or displayed in the Online Shop are the   registered and unregistered trademarks, trade names and service marks of   their respective owners. Nothing   contained in the Online Shop grants or should be construed as granting, by   implication, estoppel, or otherwise, any license or right to use any   trademarks, trade names, service marks or logos displayed in the Online Shop   without the express written permission of The IceCaps or such third party   owner.

Linking   to the Online Shop. Creating   or maintaining any link from another website to any page of the Online Shop   without The IceCaps’ prior written permission is prohibited. Running or   displaying the Online Shop or any material displayed in the Online Shop in   frames or through similar means on another website without The IceCaps’ prior   written permission is prohibited. Any   permitted links to the Online Shop must comply will all applicable laws, rule   and regulations.

Third   Party Links. The Online Shop   may, from time to time, contain links to websites that are not owned,   operated or controlled by The IceCaps or any of its affiliates. All such links are provided solely as a   convenience to users of the Online Shop. If you use these links, you will leave the Online   Shop. Neither The IceCaps nor any of its   affiliates are responsible for any content, materials or other information   located on or accessible from any other website. Neither The IceCaps nor any of its affiliates   endorse, recommend, guarantee, or make any representations or warranties   regarding any other website, or any content, materials or other information   located or accessible from any other website, or the results that you may   obtain from using any other website. If   you decide to access any other website linked to or from the Online Shop, you   do so entirely at your own risk.

Inappropriate   Material.   You are prohibited from posting or   transmitting any unlawful, threatening, defamatory, libelous, obscene,   pornographic or profane material or any material that could constitute or   encourage conduct that would be considered a criminal offense or give rise to   civil liability, or otherwise violate any law. In addition to any remedies that The IceCaps   may have at law or in equity, if The IceCaps reasonably determines that you   have violated or are likely to violate the foregoing prohibitions, The IceCaps   may take any action it reasonably deems necessary to cure or prevent the   violation, including without limitation, the immediate removal from the Online   Shop of the related materials. The IceCaps will fully cooperate with any law enforcement authorities or court   order or subpoena requesting or directing The IceCaps to disclose the identity   of anyone posting such materials.

User   Information. Other than   personally identifiable information, which is subject to the Privacy Policy   posted in the Online Shop, any material, information, suggestions, ideas,   concepts, know-how, techniques, questions, comments or other communication   you transmit or post to the Online Shop in any manner ("User   Communications") is and will be considered non-confidential and   non-proprietary. The IceCaps, each of its affiliates and/or their designees   may use any or all User Communications for any purpose whatsoever, including,   without limitation, reproduction, transmission, disclosure, publication,   broadcast, development, manufacturing and/or marketing in any manner   whatsoever for any or all commercial or non-commercial purposes. The IceCaps may, but is not obligated to,   monitor or review any User Communications. The IceCaps shall have no obligation to use,   return, review, or respond to any User Communications and will have no   liability related to the content of any such User Communications, whether or   not arising under the laws of copyright, libel, privacy, obscenity, or   otherwise. The IceCaps retain the   right to remove any or all User Communications that includes any material The IceCaps deem inappropriate or unacceptable in its sole discretion.

Disclaimers. YOUR USE   OF THE ONLINE SHOP IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED   IN CONNECTION WITH THE ONLINE SHOP ARE PROVIDED "AS IS" WITHOUT ANY   WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A   PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THE ICECAPS NOR ANY OF ITS AFFILIATES   WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES IN OR   THROUGH THE ONLINE SHOP. THE MATERIALS   AND SERVICES IN OR THROUGH THE ONLINE SHOP MAY BE OUT OF DATE, AND NEITHER THE ICECAPS, NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO   UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED   WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH   PROHIBITIONS.

ALL   PRODUCTS AND SERVICES PURCHASED IN OR THROUGH THE ONLINE SHOP ARE SUBJECT ONLY   TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS   AND SUPPLIERS, IF ANY. TO THE FULLEST   EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ICECAPS HEREBY DISCLAIM ALL   WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED   WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED IN   OR THROUGH THE ONLINE SHOP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,   THE ICECAPS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR   FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT   MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR   MISAPPROPRIATION. THE FOREGOING   EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY   LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations   of Liability. The IceCaps do not assume any responsibility, and shall not be liable for, any damages to,   or viruses that may infect, your computer, telecommunication equipment, or   other property caused by or arising from your access to, use of, or browsing   the Online Shop or your downloading of any materials, from the Online Shop. IN NO EVENT WILL THE ICECAPS, ITS RESPECTIVE   OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS,   ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION   OR TRANSMISSION OF THE ONLINE SHOP BE LIABLE TO ANY PARTY FOR ANY INDIRECT,   SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT   LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS   INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE   OF THE ONLINE SHOP, ANY WEBSITES LINKED TO THE ONLINE SHOP, OR THE MATERIALS,   INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON   WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED   OF THE POSSIBILITY OF SUCH DAMAGES. THE   FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY   LAW. PLEASE REFER TO YOUR LOCAL LAWS   FOR ANY SUCH PROHIBITIONS.IN   THE EVENT OF ANY PROBLEM WITH THE ONLINE SHOP OR ANY CONTENT, YOU AGREE THAT   YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SHOP. IN THE EVENT OF ANY PROBLEM WITH THE   PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED IN OR THROUGH THE ONLINE SHOP,   YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS   OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR   SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR   SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED IN THE ONLINE   SHOP.

Revisions   to these Terms and Conditions. The IceCaps may revise these Terms and   Conditions at any time and from time to time by updating this posting. You should visit this page from time to time   to review the then current Terms and Conditions because they are binding on   you. Certain provisions of these Terms   and Conditions may be superseded by expressly designated legal notices or   terms located on particular pages of the Online Shop.

Choice   of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and The IceCaps to the extent necessary to resolve any inconsistency or ambiguity between them. The Online Shop is administered by The IceCaps from its offices in St. John’s, Newfoundland. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Newfoundland, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief   arising out of or relating to the Online Shop shall be brought only in the   courts of the Province of Newfoundland. A printed version of these Terms and Conditions shall be admissible in judicial   and administrative proceedings based upon or relating to these Terms and   Conditions to the same extent and subject to the same conditions as other   business documents and records originally generated and maintained in printed   form.

Termination. You or The IceCaps may suspend or terminate your account or your use of the Online Shop at   any time, for any reason or for no reason.   You are personally liable for any orders that you place or charges   that you incur prior to termination. The IceCaps reserve the right to change,   suspend, or discontinue all or any aspect of the Online Shop at any time   without notice.

Additional   Assistance. If you do not   understand any of the foregoing Terms and Conditions or if you have any   questions or comments, The IceCaps invite you to call its customer care   department at 204.926.5616.

Online   Return Policy. The IceCaps are proud of its products and want you to be completely satisfied with your   purchase.  The IceCaps will gladly provide a merchandise refund for your   order within thirty (30) days of receipt.  The IceCaps stand by its products   for quality and workmanship however, for hygienic reasons, The IceCaps cannot   accept returns on a product that is not in its original condition and   packaging which includes anything that has been washed or used. Please Note:  All items returned to   The IceCaps must be shipped at the customer’s sole cost and expense.    Feel free to contact The IceCaps if you need to be advised on the best method   of shipping.  Goods shipped back to The IceCaps from outside of Canada   may incur extra duties and taxes.  If you have any questions regarding   the above, please call 1-888-626-6673 Monday to Friday 10:00am to 5:00pm NST or email us at: This email address is being protected from spambots. You need JavaScript enabled to view it. . Please allow a minimum of fourteen (14)   days for us to receive, inspect legitimacy and process your return.  If   the item(s) to be returned are deemed acceptable and in line with the IceCaps’ return policy, The IceCaps will provide store credit in equal value to the purchase (No Refunds) but excluding ANY delivery charge(s) including any extra duties or fees. Return packages to, (using Canada Post or United States Postal Service):
 
St. John’s IceCaps Hockey Club
P.O. Box 1880, Station C
St. John’s, NL
A1C 5R4
Phone: (709) 576-0968 Fax: (709) 576-6546