Effective: 6 November 2017
These terms of sale ("Terms"), apply between you and Google Canada Corporation, a Canadian corporation whose principal place of business is at 111 Richmond St. West, 12th Floor, Toronto, Ontario M5H 3K6 (together with its affiliates, referred to as "Google" or "we"), when you purchase photo books from Google Photos (“Photo Books”).
Please carefully read these Terms. By ordering a Photo Book, you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
Google Photos is a service provided by Google LLC and is subject to the Google Terms of Service. Google Canada Corporation is the distributor of Photo Books in Canada.
To place an order, you must have a Google Payments account. A Google Payments account is free and if you do not have one you will be directed to Google Payments before you can check out. Your use of Google Payments is subject to the Google Payments Terms of Service. If you do not agree to the Google Payments Terms of Service, do not place an order.
You consent that in order to process your order and to protect you and Google from fraudulent transactions, Google may provide your order information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order.
You agree that you own or otherwise possess all necessary rights with respect to the content of your Photo Book order, and that such content does not infringe any copyright or other intellectual property right of any third party, and that such content is not unlawful or otherwise in breach of the User Content and Conduct Policy.
When you place an order for a Photo Book on Google Photos, you permit Google to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes).
Google reserves the right to reject your order. For example, Google may reject your order if you are purchasing within or shipping to a country we do not support, if you order more than the permitted maximum number of Photo Books or if your order contains content which infringes these Terms.
When your order is accepted by Google, we will send you an email which will include details of your order and an order number that you should refer to if you have any follow-up queries.
The Photo Book prices displayed on Google Photos do not include any delivery charges or applicable taxes. Information about delivery charges and applicable taxes will be presented at the checkout before you place your order.
All prices displayed on Google Photos are subject to change at any time without notice.
Google may also provide promotional offers or prices related to the sale of Photo Books. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
We may not be able to deliver to all locations. If Google does not ship a Photo Book to the address that you provided, you will be sent a notice and you will not be charged for your order.
If you do not receive your Photo Book, please contact Google Photos support.
Any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.
We try very hard to make sure there are no mistakes in the prices that appear on Google Photos. In the unlikely event that a mistake happens, you agree that Google will not be bound by that incorrect price, unless your credit card, debit card or other payment method in your Google Payments account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Photo Books that we specify from time to time.
Photo Books may be subject to import and export laws and regulations in Canada and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with your Photo Book. These laws may include restrictions on destinations, users and end use.
You may only purchase Photo Books for your personal use. You may not commercially resell any Photo Book, but you may give the Photo Book as a gift. These Terms apply to any gift recipient.
You are able to cancel an order within 60 minutes of placing it, for no charge. Otherwise no returns, exchanges or refunds are permitted unless the Photo Book is defective. If you have a defective Photo Book through no fault of your own, you may be entitled to a refund or replacement of your Photo Book. For more information, please contact Google Photos support. Nothing in this section affects your legal rights under applicable laws.
You are entitled by law to certain rights when you purchase a Photo Book. For example, we promise that we are entitled to sell the Photo Book to you, that the Photo Book will conform with the description we have given of it prior to your purchase and that the Photo Book will be of acceptable quality and fit for purpose. Other than these commitments and those expressly given to you about the Photo Book, no other guarantees, warranties, conditions or terms apply to our agreement with you, unless expressly set out in these Terms or mandated by under applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "GOOGLE PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PHOTO BOOK OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOOGLE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE PHOTO BOOK OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GOOGLE UNDER THESE TERMS.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The courts in some jurisdictions will not apply Californian law to some types of disputes. If you reside in one of those jurisdictions, then where Californian law is excluded from applying, your jurisdiction’s laws will apply to such disputes related to these Terms. Otherwise, you agree that the laws of California, USA, excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.
The Terms in effect at the time you place an order for the Photo Book will apply to such order. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.