PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION on the USE OF THIS WEBSITE OR MOBILE APPLICATION AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Your use of THIS WEBSITE or mobile application constitutes your agreement to follow and be bound by these Terms of SERVICE.
These Terms of Service contain terms and conditions for the use of our websites and mobile applications as well as terms of sale for purchases you make using our websites and mobile applications. Each time you use our website or mobile application or make a purchase using our website or mobile application, you agree to these Terms of Service.
In these Terms of Service, references to “Indigo”, “we”, “us” or “our” are references to Indigo Books & Music Inc. References to “you” and “your” are references to the visitor and user of our websites and mobile applications. References to “Properties” means the websites or mobile applications displaying these Terms of Service that are owned by or operated for Indigo.
Our Properties are provided for your personal and non-commercial use. We reserve the right to change, modify, add or delete portions of these Terms of Service at any time. We will post the change(s) to these Terms of Service on the Properties and indicate a new date at the top of the page. Your continued use of the Properties after any such change constitutes your acceptance of the revised Terms of Service as of such new effective date.
Indigo controls the Properties from its offices within the Province of Ontario, Canada. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to purchases made through the Properties. Except if you reside in Quebec when you use the Properties, you agree that all matters relating to your access to, or use of the Properties or any purchase made through the Properties, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and you hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws. If you reside in Quebec when you use the Properties, your access to, or use of the Properties or any purchase made through the Properties, will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and you submit to the exclusive personal jurisdiction and venue of the courts of the Province of Quebec and acknowledge that you do so voluntarily.
By accepting these Terms of Service, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use the Properties only if you are 14 years of age or older and are under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of an individual under the age of majority, be advised that you are fully responsible for such individual’s use of the Properties, including all financial charges and legal liability incurred.
Certain portions, components, content and features of the Properties (such as the Registry and Ratings & Reviews) are only available to you if you create an online user account on the Properties. If you create an online account, the following terms and conditions will apply to you:
You will be solely responsible for creating a unique username and a strong password to safeguard your online account. You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. You agree to notify Indigo immediately if the confidentiality of your account or password has been, or if you suspect it has been, compromised. Indigo has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard. Indigo is not under any obligation to verify the actual identity or authority of any user of a password and login name. Indigo may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
In consideration of your use of the Properties, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Properties, (ii) maintain and promptly update this information to keep it true, accurate, current and complete, and (iii) not transfer ownership of your account to a third-party. If you provide any information that is untrue, inaccurate, not current or incomplete, or if you transfer ownership of your account, Indigo has the right to suspend or terminate your account and refuse any and all current or future use of the Properties (or any portion thereof).
In order to keep you updated about important changes to these Terms of Service, our Privacy Policy, etc., Indigo may send email communications related to your registration/account, transactions and/or membership.
You are responsible for managing your privacy and email settings as they relate to your interactions with the Properties and Indigo. You can update your personal information and email settings (such as marketing subscriptions) at any time by signing into your account and editing your information and preferences.
If you link your plum or plum PLUS membership to your account, you give Indigo permission to access all data related to your plum membership, including historical purchases and points balance, if any, that may be accessible or displayed once logged in to your account.
!ndigo, Chapters, Coles, Indigo, indigo.ca, plum, and all other Indigo related trademarks, design marks, domain names and logos displayed on the Properties (collectively, the "Trademarks") are either registered or common law trademarks of Indigo. Other trademarks, design marks, product names, company names or logos appearing on the Properties are trademarks of their respective owners. Nothing contained on the Properties should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written consent of the trademark owner.
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of the Properties (collectively, the "Content") are subject to intellectual property rights, including, without limitation, the Trademarks or copyrights and trademarks licensed to Indigo, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Properties is the exclusive property of Indigo and is also protected by Canadian, U.S. and international copyright laws.
Indigo and its suppliers and licensors expressly reserve all intellectual property rights in all Content, products, processes, technology, tools and other materials that appear on the Properties. Access to the Properties does not confer and shall not be considered as conferring upon you any license under any of Indigo or any third party's intellectual property rights.
No Content, may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, scraped, mirrored, data-mined, or sold in any form or by any means, in whole or in part, without Indigo's prior written consent. Subject to these Terms of Service, you are granted a limited license to access the Properties and the Content and you may download or print a copy of any portion of the Content to which you have properly gained access to solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Content or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. The foregoing limited license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Properties or the Content other than as specifically authorized herein, without the prior written consent of Indigo, is strictly prohibited and will terminate the limited license granted herein.
If you become aware of any misuse of any intellectual property, kindly email us at legal@indigo.ca.
We may provide you with promotions, activities, wayfinding, biographical, geographical, category, health, wellness, lifestyle, user-generated content, programs, demonstrations, product and label related information for your education, entertainment and to enhance your overall shopping experience. Please ensure you always consult medical or health professionals about any information you find on the Properties, in-store or in any materials we provide prior to purchase, especially before embarking on diet, exercise or lifestyle/parenting changes or participation in related activities. Always look critically at information presented in all forms such as online, in-store and on packaging and labels. Manufacturers may change labels without notifying us, so we provide such information to you as a guideline only, always read labels and warnings, directions before using or consuming a product.
The Properties may include links to other internet websites maintained by third parties ("Linked Sites"). Indigo provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply approval or endorsement by Indigo of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Indigo Properties. Linked Sites are not under the control of Indigo and Indigo is not responsible for the contents of any Linked Properties. Any transaction between you and the Linked Sites are directly with the Linked Sites and Indigo shall not be held responsible for any resulting loss or damage.
The Properties and the information and/or materials herein are provided on an "as is, where is" basis. Your use of (or inability to use) the Properties and the Content is at your own risk. Certain products or services offered on the Properties may have warranties that apply to them. These warranties are provided by the manufacturer of these products and not by Indigo. Indigo makes no representations, warranties or conditions, either express or implied, or arising by statute, usage or trade, custom or otherwise, of any kind with respect to the Properties or the Content. Indigo disclaims all representations, warranties and conditions, express or implied, or arising by statute, usage or trade, custom or otherwise, including, but not limited to merchantability and fitness for a particular purpose. By using or attempting to use the Properties, you expressly acknowledge that Indigo makes no warranties, representations or conditions regarding the Content, including but not limited to accuracy or completeness.
Without limiting the generality of the foregoing, the reports filed by Indigo with the securities regulatory authorities of each province of Canada and listed on the Properties and/or linked to the Properties speak only as of the respective dates on which they are filed or used by Indigo. The contents of those reports can become out-of-date. Indigo makes no commitment, and disclaims any duty, to update any of those reports.
Except as specifically stated on the Properties, none of Indigo or any of its respective directors, employees or other representatives will be liable for damages arising out of, or in connection with, the use of the Properties or any Linked Sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
(Not applicable in Quebec.) You agree to indemnify, save and hold harmless Indigo, its affiliates, and subsidiaries, and each of their respective directors, officers, shareholders, employees and agents from and against any and all liabilities, losses, investigations or inquiries, claims, suits, demands, applications or other proceedings, damages, costs and expenses (including legal fees and expenses), regardless of the cause or alleged cause thereof, and regardless of whether such matters are groundless, fraudulent or false, arising out of your use of the Properties.
These terms and conditions of purchase and sale ("Terms of Sale") govern any order or purchase you make on the Properties. By placing an order, you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not proceed with your order.
(a) Ordering Process All products and promotions posted on the Properties are merely an invitation for you to purchase the item(s) from Indigo; are not offers to sell by Indigo; and are subject to confirmation by Indigo via email. After placing your order on the Properties, you will receive online confirmation that your order has been received by Indigo. This online confirmation of order receipt does not constitute acceptance of your order. Indigo reserves the right, at its sole discretion, to accept or reject any orders that we receive. Indigo’s confirmation of acceptance of your order will be subsequently delivered via an automatic e-mail. In limited circumstances, Indigo may require additional verifications or information before accepting any order and will contact you at the email address associated with the order.
(b) Pre-Orders Indigo often provides the opportunity to pre-order items on the Properties before they are available for sale. When you place a pre-order, your credit card will be authorized, but it will not be charged until the item is shipped to you. If Indigo changes its price between when you pre-order and when your item ships, you will be charged the lower of the two prices. Pre-order release dates are set by the supplier, as are the product quantities made available to Indigo, and both are subject to change. Quantities of items available on pre-order may be limited and Indigo does not guarantee that all pre-orders will be fulfilled.
(c) Online Item Availability and Out of Stocks The purchase of items on the Properties is subject to item availability, which is not guaranteed. When Indigo advises you that any items are no longer available, Indigo will have no obligation to fulfill your order and you will have no obligation to pay Indigo for the order. Indigo strives to keep all items in stock, however replenishment of out-of-stock items is contingent on the support of our suppliers.
(d) Online Quantity Limits The item(s) displayed on the Properties are for your personal use, enjoyment and/or consumption and not for resale. Therefore, we reserve the right to limit quantities of items purchased per person, per household or per order and the right to refuse to sell to any person who we believe may be purchasing for resale.
(e) Online Prices All product or service prices listed are in Canadian Dollars and are exclusive of all applicable taxes, if any. Pricing and offers available on the Properties may differ from Indigo in-store prices and offers and are not eligible for price matching. Special pricing and promotions available on the Properties, but which are not available in-store, are identified on the Properties as “Online” or “Online Only” pricing and promotions. Items in your cart reflect the current price displayed on the item’s product page, which may differ from the price displayed when the item was first placed in your cart. By confirming your purchase at the end of the check-out process, you agree to pay Indigo the amount set out as the Order Total (the “Purchase Price”). The quoted Order Total includes any applicable shipping & handling fees, any environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected payment method by Indigo in one or more charges as each item is shipped.
(f) Online Pricing and Item Exclusion or Description Errors We strive to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. Errors will be corrected where discovered. If an item is mispriced, Indigo will have the right, in our sole discretion, to reject or cancel (with a full refund) any orders placed for that item, in which case we’ll contact you to notify you of such cancellation.
While Indigo takes steps to ensure the accuracy of item descriptions, Indigo does not represent or warrant that item descriptions are accurate, complete, reliable, current, or error-free. Item descriptions, representations, warranties, guarantees and performance claims are provided by our suppliers; are not independently verified by Indigo; and are the sole responsibility of the supplier. If you find that an item you purchase is not as described, your sole remedy is to return it in accordance with our Return Policy and practices.
(g) Online Order Rejection or Cancellation Indigo reserves the right, in its sole discretion, to accept or reject for any reason all or a portion of your order at any time after receipt of your order, and Indigo will communicate its decision to you via the e-mail address associated with the order. Circumstances that may result in Indigo cancelling your order are described above, including pricing and availability issues, and may also arise in circumstances related to product recalls, allegations of fraud, or abuse of the Properties. For rejected orders, Indigo will have no obligation to fulfill your order and you will have no obligation to pay Indigo for the order.
(h) Order Delivery Your order will be shipped by one of Indigo’s third-party carriers and Indigo will not be held responsible for any delivery delays which are beyond its control. If any of the item(s) in your order are shipped separately, you will be charged the Purchase Price for those items (including shipping fees, if any) at the time they are shipped. Visit Shipping & Returns for additional information on Indigo’s shipping practices.
(i) Customer Cancellation, Returns, Refunds, and Exchanges You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Indigo will respect all such applicable laws. In addition to these statutory rights, returns of item purchased on the Properties are governed by Indigo’s Return Policy.
(j) Store Pricing and Availability For your convenience, the Properties list many of the items that are carried in our stores, however, please note that items, prices and promotions available for online purchase on the Properties may differ from those available at Indigo, Chapters, Coles and Indigospirit stores. While store availability and delivery in-store options are visible online via the Properties, this is for informational purposes only and we do not guarantee store availability, delivery in-store options, or in-store pricing. We recommend reaching out to a particular store in advance to confirm pricing and availability prior to deciding to purchase.
(k) Communications to Customers regarding Order Status We reserve the right to contact you via the e-mail address associated with the order, or the preferred method of communication in your account, for matters related to your account or your order such as substitutions, availability of product or to let you know the order is available for pick-up. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
All permitted uses of the Properties, including without limitation, any product or service reviews, comments, communications and/or ratings, are governed by the following additional terms:
(a) Representations & Warranties
You represent and warrant that:
(b) Online Conduct Any conduct by a person that in Indigo’s sole and absolute discretion restricts or inhibits any other person from using or enjoying the Properties, is prohibited. You agree to use the Properties only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Properties any unlawful or otherwise objectionable material of any kind.
(c) Ownership of Content For any content that you submit on the Properties, you hereby grant Indigo a perpetual, irrevocable, royalty-free, transferable right to use, copy, modify, delete in its entity, publish, adapt, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without further notice or compensation to you.
All content submitted may be used at Indigo’s sole discretion and it reserves the right to change, condense or delete any content it deems may violate any provision of the Terms of Service.
We respect the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.
Indigo reserves the right to deny you access to the Properties (or any part thereof) and/or your account, if any, at any time for any reason without any notice or liability to you or any other person, including if Indigo determines that you have violated these Terms of Service or that your use of the Properties, the Content, or any part of the Properties or the Content, threatens the security of the Properties or violates the rights of or threatens to violate the rights of Indigo or any third party. In Indigo’s sole discretion and without prior notice or liability, Indigo may discontinue, modify or alter any aspect of the Properties including, but not limited to: (i) restricting the time the Properties is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Properties. You agree that Indigo shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of the Properties.
If any provision of these Terms of Service shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.Indigo may assign its rights, entitlements, duties and obligations under these Terms of Service.
These Terms of Service, and any terms incorporated therein, constitute the entire agreement relating to the subject matter herein. All prior understandings or agreements, whether oral or written, are expressly superseded by these Terms of Service. Any changes to these Terms of Service may not be modified or amended except by Indigo.
Due to the rapidly evolving technologies on the Internet, we will update these Terms of Service from time to time. All revisions will be posted to the Properties. Please contact us if you have questions.
We can be reached at:
Indigo Books & Music Inc.
620 King Street West
Suite 400 Toronto
Ontario M5V 1M6
(416) 364-4499
Or visit us online at help.indigo.ca for additional options to reach us.