UPDATED : NOVEMBER 2024

• These Terms and Conditions ("Terms") constitute a legal agreement between you and Kirkwood Inc. ("uMake," "we," "us," or "our"). By accessing or using the uMake website (umake.ca) and the services provided through it (the "Services"), you agree to comply with these Terms, along with uMake's Privacy Policy and Refund Policy.

• If you disagree with any part of these Terms, you must refrain from using the Site or its Services.

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1: OVERVIEW

• "Design" refers to any file, design, or item you submit to uMake.ca for the purpose of utilizing our Services. You may only submit Designs that you have the legal right to use. If you have granted exclusive rights to someone else (e.g., your employer), you may not use those Designs without permission.

• We reserve the right to deny access to the Site or its Services to anyone who:

• Violates these Terms,

• Disrupts others' use of the website,

• Infringes on the rights of others, or

• May harm uMake's reputation or community.

• We may offer certain Services on an invite-only basis or as we deem appropriate.

• Any new features or tools added to the Services are also governed by these Terms. We may modify these Terms at any time, and it's your responsibility to review them periodically.

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2: SERVICES AND ACCOUTS ​

• The uMake Services allow you to:

• Create an account,

• Upload your Design to our website,

• Ship a physical template to us,

• Order parts based on your Design or from others on our Marketplace, and/or

• Make your Design available on our Marketplace.

• By using the Services, you confirm that you are at least 18 years old, or you have the consent of a guardian to use the Site. You must maintain accurate account information and are responsible for all activities under your account.

• You are responsible for keeping your login details secure. uMake is not liable for any loss or damage caused by your failure to protect your account information.

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3: DESIGN SERVICE 

• When you submit a Design, we create a digital file ("Design File") to manufacture the part. You retain ownership of your Design, but uMake owns the Design File created. We may archive the Design File as a courtesy but have no obligation to retain or update it beyond fulfilling the initial order.

• We are not responsible for returning any materials you provide to us.

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4: PERSONAL INFORMATION ​

• Your submission of personal information through uMake is governed by our Privacy Policy.

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5: INTELLECTUAL PROPERTY RIGHTS​

• You retain ownership of the intellectual property rights to your Design. Before submitting a Design, ensure that you own the rights to it or have explicit permission from the rightful owner.

• We reserve the right to delay or cancel an order if the Design is copyrighted without permission. We also reserve the right to cancel a user account in the case of repeated violations.

• By uploading a Design, you grant uMake permission to use it to fulfill your order. We may ask for permission to use your Design in marketing materials, such as on our website and social media.

• You grant uMake a worldwide, royalty-free, perpetual license to use any feedback you provide to improve the Services.

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6: DESIGN POLICY​

• Before submitting an order, ensure your Design complies with uMake’s Design Policy. Any Design that violates this policy may result in order cancellation.

• You certify that your Design:

• Does not violate laws or regulations,

• Does not contain offensive or illegal content,

• Does not infringe on intellectual property rights,

• Is not designed for illegal activities or to create illegal weapons.

• We will contact you if there are concerns about your Design. We reserve the right to refuse or cancel any order.

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7: ORDERING PROCESS & SHIPPING ​

• To place an order, you must create a uMake account and ensure your Design meets our guidelines. You are responsible for the accuracy of your Design, including the correct file format, sizing, and material choice. If issues are detected, we will contact you.

• Once an order is placed, we cannot guarantee changes once production has started. We currently ship within the United States and Canada only.

• Pricing & Payment:
  Prices include materials, labor, and shipping. Sales tax will be applied as required. Custom orders may incur additional charges. We reserve the right to adjust prices based on material costs.

• We accept payments via Visa, MasterCard, American Express, and Discover, processed through Stripe. Ensure your payment information is current to avoid delays.

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8: CANCELLATIONS & FREFUNDS​

• Orders cannot be canceled once production begins (typically within 4 hours).

• Refunds are evaluated on a case-by-case basis. If defects or errors occur, contact us within 10 days of receipt.

• Acceptable Reasons for Refund:

• Parts do not match the order,

• Defective or damaged parts due to shipping.

• Unacceptable Reasons:

• Errors in your submitted Design,

• Change of mind or dislike of the design.

• Refund requests may take up to 72 hours to process. If approved, refunds will be issued via the original payment method or as uMake store credit.

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9: USE OF THE UMAKE WEBSITE​

• You agree not to copy, reproduce, or exploit any portion of the Service without written permission.

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10: THIRD-PARTY LINKS​

• We are not responsible for third-party websites linked through our Services. Please review the policies of third-party sites before engaging in transactions.

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11: ERRORS, INACCURACIES, AND OMISSIONS​

• We strive to ensure accurate information, but occasional errors may occur. We reserve the right to correct errors and update or cancel orders based on inaccuracies.

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12: DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY

• uMake does not guarantee uninterrupted, error-free service. The Services are provided "as is," and we do not warrant the accuracy or reliability of the products or results.

• Our liability is limited to the greater of $100 or the price you paid for the item, excluding shipping costs.

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13: INDEMNIFICATION ​

• You agree to indemnify uMake from any claims arising from your breach of these Terms, misuse of the Services, or infringement of third-party rights.

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14: GOVERNING LAW AND VENUE​

• These Terms are governed by the laws of Quebec, Canada. Any disputes will be resolved in the courts located within the District of Montreal, Quebec.

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15: CHANGES TO TERMS​

• We may update these Terms periodically. By continuing to use the Services, you accept the updated Terms.

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16: CONTACT INFORMATION​

• For inquiries regarding these Terms or a commercial relationship with uMake, please contact us at:
  luke@umake.ca