Legal
General Terms and Conditions of Sale
IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF SALE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE, OR PURCHASING A PRODUCT BY CLICKING THE “PAY NOW” BUTTON, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PURCHASE ANY PRODUCT FROM THIS WEBSITE.
MATTER AND FORM HARDWARE PRODUCTS INCLUDE A LIMITED WARRANTY, DETAILS OF WHICH CAN BE FOUND AT THE FOLLOWING LINK: https://matterandform.net/legal EXCEPT AS COVERED BY MATTER AND FORM’S LIMITED WARRANTY, MATTER AND FORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE OR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT AS COVERED BY MATTER AND FORM’S LIMITED WARRANTY, MATTER AND FORM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE MATTER AND FORM LIMITED WARRANTY AND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. MATTER AND FORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF MATTER AND FORM OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
The general terms and conditions of sale (the “Terms of Sale”) is an agreement between you (“You”) and Matter and Form Inc. (“Matter and Form”), governing sale of merchandise (the “Merchandise”) by Matter and Form to You through matterandform.net and bevel3d.net (the “Websites”) owned by Matter and Form. “We” and “Us” means both You and Matter and Form. The effective date of these Terms of Sale is when You accept or are deemed to accept these Terms of Sale in accordance with the procedure set out in these Terms of Sale. These electronic Terms of Sale shall be the equivalent of a written paper agreement between Us.
ORDERS
All orders are subject to written acceptance by Matter and Form. All orders will be confirmed by Matter and Form, in writing, by e-mail copy of the online contract, within 15 days after the date the agreement is formed. You will be given the opportunity to correct errors before the formation of the online contract is completed; however, the e-mail which includes the online contract will be the final agreement between Matter and Form and You, as described under the “Binding Agreement” heading below.
RETURNS, REFUNDS AND EXCHANGES
MATTER AND FORM OFFERS NO RETURNS, NO EXCHANGES AND NO REFUNDS ON MERCHANDISE SOLD.
See “Warranty” section for one-year warranty information.
PRICES
Prices of Merchandise may change without notice. The applicable taxes in Canada have been applied to taxable items in accordance with applicable laws. All prices are exclusive of customs, import duties and other applicable taxes.
SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery to You of the Merchandise posted on the Websites. Shipping costs are calculated during the order process and You will have the opportunity to confirm your acceptance of these shipping costs prior to ordering.
SHIPMENTS AND DELIVERY
Only orders that are placed before 1pm Eastern Standard Time will be processed on the same business day. Orders will not be processed on Saturdays, Sundays or holidays.
Matter and Form uses ShipBob for order fulfillment. All shipments are subject to the ShipBob terms of service: https://www.shipbob.com/terms-of-service/
Shipping costs are not refundable. Any undelivered or refused shipments will incur an additional delivery and processing fee. To avoid an undelivered or refused shipment, confirm that the mailing address You have provided is correct.
The transit time begins the first full shipping day after the package leaves the facility of the shipper. Delivery is deemed complete and title to the Merchandise passes to You upon acceptance of shipment by common carrier.
Matter and Form will use commercially reasonable efforts to deliver the Merchandise to You within the time periods indicated; however, Matter and Form will not be responsible for any delays in delivery which are beyond its control. If delivery is delayed, Matter and Form will make commercially reasonable efforts to notify You as soon as possible.
INDEMNITY
Matter and Form Merchandise is not intended to be used to infringe intellectual property rights. You agree at all times to indemnify, defend and hold harmless Matter and Form, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Matter and Form directly or indirectly in respect of your use or misuse of the Merchandise, including without limitation intellectual property infringement claims.
BINDING AGREEMENT
Matter and Form’s confirmation of these Terms of Sale will be deemed the final agreement between Matter and Form and You and no other understanding, waivers, oral agreement or modifications will be binding except by written agreement signed by Matter and Form and You.
TERMINATION
Matter and Form may terminate these Terms of Sale for any reason without notice within its sole discretion. Any such termination by Matter and Form shall be in addition to and without prejudice to such rights and remedies as may be available to Matter and Form, including injunction and other equitable remedies.
Any terms of these Terms of Sale which contemplate survival beyond termination shall survive, except to the extent not permitted by law.
GOVERNING LAW and ATTORNMENT
These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
For the purpose of all legal proceedings these Terms of Sale shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under this Agreement. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.
Type of Proceeding
You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Matter and Form related to the Content or these Terms of Sale and, where, applicable, You also agree to opt out of any class proceedings against Matter and Form.
Notices
Every notice that Matter and Form is required or permitted to be given or made under these Terms of Sale to You shall be written and shall be made to the email address in Your account profile with matterandform.net. Every notice that You are required or permitted to be given or made under these Terms of Sale to Matter and Form shall be written and shall be made to info@matterandform.net. You can contact Matter and Form by mail at Matter and Form Inc., Suite 200 - 99 Yorkville Ave., Toronto, Ontario, Canada, M5R 1C1 or by phone at 416 533 6767.
Amendment
Matter and Form reserves the right to change these Terms of Sale at any time. As a result, Matter and Form requests that You read this section from time to time in order to be informed of possible changes in these Terms of Sale. Each time these Terms of Sale are modified, the date of these Terms of Sale will be updated to reflect that changes were made. Matter and Form will post all updates to these Terms of Sale on the “Legal” pages of the Websites.
Severability
Any provision of these Terms of Sale that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
PERSONAL INFORMATION
The use by Matter and Form of Your personal information is governed by Matter and Form’s privacy policy (the “Privacy Policy”) which can be found on https://matterandform.net/legal. You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.
TERMS AND CONDITIONS OF USE
The use of these Websites by You is governed by Matter and Form’s terms and conditions of use which can be found on https://matterandform.net/legal.
Last modified: September 6, 2013
© Matter and Form Inc., Canada.
Terms of Use
IMPORTANT! YOUR ACCESS TO THESE WEBSITES AND YOUR PURCHASE OF PRODUCTS ON THESE WEBSITES IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THESE WEBSITES, OR PURCHASING A PRODUCT BY CLICKING THE “PAY NOW” BUTTON, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THESE WEBSITES AND DO NOT PURCHASE ANY PRODUCT FROM THESE WEBSITES.
The general terms and conditions of use (the “Terms of Use”) is an agreement between you (“You”) and Matter and Form Inc. (“Matter and Form”), governing the use of matterandform.net, bevel3d.net (the “Websites”) owned by Matter and Form. “We” and “Us” means both You and Matter and Form. The effective date of these Terms of Use is when You accept or are deemed to accept these Terms of Use in accordance with the procedure set out in these Terms of Use. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with Matter and Form or have purchased a product from Matter and Form, Matter and Form will send You information and documents to the e-mail address in Your account profile on the Websites or provided in the course of purchasing such product. You will send information and documents to Matter and Form by email to info@matterandform.net.
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names and any other intellectual property contained on these Websites (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Matter and Form or its licensors, as the case may be. The Content is protected by copyright.
Matter and Form grants You a personal, non-transferable and non-exclusive license to access and read the Content.
You agree that, except as explicitly authorized, You will not:
(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
(c) allow any third-party to access the Content.
You give Matter and Form a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Websites (“User Generated Content” or “UGC”). You waive all moral rights in any UGC. You will not post UGC that infringes any intellectual property including copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
Unless explicitly stated, these Websites and its Content are not to be construed as an offer to sell any product or service.
These Websites may contain links to other sites. Matter and Form does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Matter and Form is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Matter and Form is affiliated or associated with same. Matter and Form does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on these Websites should not be construed as an endorsement of that party or its product or service.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on these Websites is not intended to be used as a substitute of any kind for advice given by a professional.
IN NO EVENT WILL MATTER AND FORM, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF MATTER AND FORM OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Matter and Form assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. Matter and Form is not responsible for any Content that You may find undesirable or objectionable. Matter and Form disclaims any liability for unauthorized use or reproduction of any portion of the Websites.
Accessing the Content from territories where it may be illegal is prohibited.
INDEMNITY
You agree at all times to indemnify, defend and hold harmless Matter and Form, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Matter and Form directly or indirectly in respect of:
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any UGC You provide on or through these Websites or which is sent to Matter and Form electronically; or
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Your use or misuse of the Content or these Websites.
TERMINATION
Matter and Form may terminate these Terms of Use for any reason without notice within its sole discretion. Any such termination by Matter and Form shall be in addition to and without prejudice to such rights and remedies as may be available to Matter and Form, including injunction and other equitable remedies.
Any terms of these Terms of Use which contemplate survival beyond termination shall survive, except to the extent not permitted by law.
GOVERNING LAW and ATTORNMENT
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
For the purpose of all legal proceedings these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under these Terms of Use. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.
Type of Proceeding
You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Matter and Form related to the Content or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against Matter and Form.
Notices
Every notice that Matter and Form is required or permitted to be given or made under these Terms of Use to You shall be written and shall be made to the email address in Your account profile with matterandform.net. Every notice that You are required or permitted to be given or made under these Terms of Use to Matter and Form shall be written and shall be made to info@matterandform.net. You can contact Matter and Form by mail at Matter and Form Inc., Suite 200 - 99 Yorkville Ave., Toronto, Ontario, Canada, M5R 1C1 or by phone at 416 533 6767.
Amendment
Matter and Form reserves the right to change these Terms of Use at any time. As a result, Matter and Form requests that You read this section from time to time in order to be informed of possible changes in these Terms of Use. Each time these Terms of Use are modified, the date of the Terms of Use will be updated to reflect that changes were made. Matter and Form will post all updates to these Terms of Use on the “Legal” page of the Websites.
Severability
Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.
PERSONAL INFORMATION
The use by Matter and Form of Your personal information is governed by Matter and Form’s privacy policy (the “Privacy Policy”) which can be found on https://matterandform.net/legal. You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.
TERMS AND CONDITIONS OF SALE
The sale of merchandise from the Websites by Matter and Form is governed by Matter and Form’s terms and conditions of sale which can be found on https://matterandform.net/legal.
RETURNS, REFUNDS AND EXCHANGES
MATTER AND FORM OFFERS NO RETURNS, NO EXCHANGES AND NO REFUNDS ON MERCHANDISE SOLD.
©Matter and Form Inc., 2016, Canada.
Privacy Policy
Matter and Form Inc. (“Matter and Form”) has developed policies and procedures (the “Privacy Policy”) to protect our customer’s (“You”) personal information and to ensure that Matter and Form complies with current privacy legislation in Canada.
Matter and Form reserves the right to change the Privacy Policy at any time. As a result, Matter and Form requests that You read this section from time to time in order to be informed of possible changes in the Matter and Form’s Privacy Policy. If the Privacy Policy changes, and personal information is collected for a purpose that is different from that stated at the time that it was originally collected, You will have the ability to choose whether the information previously collected can be used for such additional purposes.
Each time the Privacy Policy is modified, the date of the Privacy Policy will be updated to reflect that changes were made. Matter and Form will provide You with at least 30 days notice before the update takes effect. In addition to modifying the date, Matter and Form will post all updates to the Privacy Policy on the “Legal” page of matterandform.net, bevel3d.net, and bevelpix.com (the “Websites”).
TYPE OF INFORMATION COLLECTED
In addition to usage statistics and data, Matter and Form may collect the following personal information from You when You create an account, use the services provided by the Websites, or make an online purchase on the Websites, including if you access the Websites through a separate software application such as the Matter and Form 3D Scanner software or Bevel mobile applications: name, IP address, location, e-mail address, shipping address, billing address, phone number, credit card and payment information, browser and computer or device identification information (i.e. operating system and model), and product interest information.
In addition to usage statistics and data, Matter and Form may collect the following personal information from You when You use the Bevel iOS or Android mobile applications, or the Matter and Form 3D Scanner Desktop application: IP address, e-mail address, location, device model and operating system information.
You may consent to the use of personal information and You may withdraw consent to the use of this information (excluding purchase history information and information directly required for the performance of the app or Websites) at any time (subject to reasonable notice and the legal obligations Matter and Form is subject to). If no explicit consent is provided, Your consent is implied. You may withdraw consent by contacting Matter and Form at the contact information provided below. Please note that withdrawing consent may result in a reduction in access to the Websites, software and/or applications, and to the specific features of the Websites, software and/or applications customized to You based on personal information previously provided.
USE OF PERSONAL INFORMATION
Matter and Form will use the personal information collected by it for the following reasons:
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To process purchases made and to provide You with status updates;
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To create an account for you;
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To improve features and content;
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To analyze usage;
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For market research;
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To send You promotional materials and other information ONLY at Your request;
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To respond to Your comments, questions, or support issues; and
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To provide You with content that is customized to Your interests based on the information You have provided to us and Your activities on the site.
USE OF COOKIES
When You navigate the Websites, small files called ‘cookies’ may be attached to Your web browser. These files identify Your web browser and save information such as passwords so that websites can recognize You. You can set Your browser to disable cookies, but some websites may not work properly if You do this.
Matter and Form uses the following types of cookies:
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Session cookies - These are used as an integral part of the identification process for some of Matter and Form’s online applications. This is for security purposes to determine that You are who You say You are and to provide You with Your confidential account information during an online session. No personal information is kept in session cookies and they are stored only in Your browser's temporary (cache) memory. When You log out of Your session, the cookie is no longer valid and is discarded when You close Your browser.
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Persistent cookies - These are more permanent and can be re-read when You return to the site that placed them on Your computer. The information in them is written onto Your hard drive and remains there until the expiry date of the cookie. They are used to identify and provide personalized features (for example, to help Matter and Form remember which official language You prefer) and for tracking traffic patterns to and from the Websites.
Matter and Form uses Google Analytics, Mixpanel, Microsoft Clarity, and Facebook Pixel to measure traffic patterns to, from and within online locations including the Websites, each of which uses cookies to collect aggregated information about You. Information collected by these services is stored on their servers and may be subject to the governing legislation in the country or countries within which they are located (for example, the USA Patriot Act). For further information about Google Analytics, please refer to http://www.google.com/intl/en_ALL/policies/privacy.
If You wish, You may opt out of being tracked by Google Analytics by disabling or refusing the cookies; or by using the https://tools.google.com/dlpage/gaoptout?hl=en. Disabling Google Analytics or JavaScript may impede proper operation of the Websites and may not permit you to access the Websites.
For further information about Mixpanel, including opt-out features, please refer to https://mixpanel.com/privacy
For further information about Microsoft Clarity, please refer to https://clarity.microsoft.com/terms
For further information about Facebook pixels please refer to https://www.facebook.com/business/help/742478679120153?helpref=faq_content
THIRD-PARY SOCIAL MEDIA
Matter and Form uses social media serves as an extension of its Websites, software, and mobile apps. Social media accounts are public and are not hosted on Matter and Form’s servers. Some Matter and Form Websites, software, and mobile applications may allow you to post directly to social media sites. If You choose to interact with Matter and Form via social media, you should read the terms of service and privacy policies of these third-party service providers and those of any applications You use to access them. For example, Matter and Form participates or may participate in the following social media services:
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Twitter / X (https://twitter.com/privacy)
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Facebook (https://www.facebook.com/note.php?note_id=%20322194465300)
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YouTube (https://www.Youtube.com/static?gl=US&template=privacy_guidelines)
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Pintrest (https://about.pinterest.com/privacy/)
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Instagram (https://instagram.com/about/legal/privacy)
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Vimeo (https://vimeo.com/privacy)
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Google+ (https://www.google.ca/policies/privacy/)
HYPERLINKING
Links to websites not under the control of Matter and Form are provided solely for the convenience of users. Matter and Form is not responsible for the accuracy, currency or the reliability of the content. Matter and Form does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their contents.
DISCLOSURE OF PERSONAL INFORMATION
Under no circumstances will Your personal information, which Matter and Form collects, be communicated or disseminated to third parties, unless this is necessary to carry out the services You request or use on the Websites or mobile apps. In the normal course of business, Matter and Form may disclose some personal information to service providers and suppliers. Matter and Form currently discloses personal information to the following non-exclusive list of third parties:
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Google Analytics - a Web analytics service provided by Google Inc. – Used to generate detailed statistics about the Websites’ traffic and traffic sources and measure conversions and sales
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Salesforce Desk – a web-based customer service portal, including a help desk tool
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PayPal - used for various securely hosted e-commerce tools including providing a secure payment gateway
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Stripe - used for various securely hosted e-commerce tools including providing a secure payment gateway
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MailChimp - used for communication purposes with customers and account holders via email
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ShipBob – an order fulfillment company used by Matter and Form to handle the shipment of your order. ShipBob may use a number of third-party carriers to ship your order and may share personal information with these carriers, including your name and contact information, to fulfill your order. You will have an option to choose from several carriers through ShipBob. These carriers may include the following:
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Canada Post Corporation
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Federal Express Canada Ltd.
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United States Postal Service
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UPS
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United Kingdom Royal Mail
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Parcelforce
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TNT
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DHL
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Hong Kong Post
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Purolator
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TaxJar – a site that allows Matter and Form to calculate tax rates on products
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Quickbooks Online – for storing and processing order information, invoices, purchase orders, and customer files
If personal information is disclosed to additional third parties, You will be informed of this disclosure and will be given the opportunity to consent or decline the additional disclosure. Each of the third parties who are given personal information by Matter and Form will be contractually bound to protect the personal information and may only use the information for the purposes of performing services on behalf of Matter and Form. You can withdraw consent to the disclosure of personal information to third parties by contacting Matter and Form in the manner described below at any time.
Matter and Form must also disclose personal information when required by law. For example, if Matter and Form is presented with a search warrant or other legal order or if personal information is requested from an investigative body in relation to a breach of the law, personal information may be disclosed. Moreover, Matter and Form may disclose personal information in order to collect a debt owed by You to Matter and Form.
PROTECTION OF PRIVACY AND PERSONAL INFORMATION
Personal information will be processed directly by Matter and Form and also by third party service providers (as described above) that are responsible for accepting payment and for fulfilling orders received by Matter and Form and assist in delivering goods and services provided by Matter and Form. Personal information will be processed by these third parties and by Matter and Form personnel in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Websites, software, or mobile apps. In particular, Matter and Form personnel and these third parties will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and if You have given Your consent, to send commercial offers and advertising messages.
In the context of these Websites, software, and mobile apps, the processing of personal information will be performed by Matter and Form and by third party service providers responsible for accepting payment and for fulfilling orders and will be carried out using both paper and electronic tools.
Matter and Form is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for Matter and Form and other third party processors to ensure the security of Your personal information:
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Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
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Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
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All people employed by Matter and Form receive special training regarding privacy protection and confidentiality.
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All computers which store personal information are password-protected.
With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:
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obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
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request the deletion of
- Your personal information which was collected, used or disclosed unlawfully, and
- personal information which was been collected but that is no longer necessary for the purposes it was collected;
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request updating, rectification or, where applicable, completion of Your personal information; and
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request a statement confirming that the operations requested above were performed.
Matter and Form will disclose breaches of Your personal information as required by provincial and federal law in Canada.
RETENTION OF INFORMATION
Matter and Form will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information may be deleted and destroyed. When you place an order with us we will maintain your order information for our records unless and until you ask us to delete this information.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order from us), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
For further information on Matter and Form’s Privacy Policy, please contact the Matter and Form Privacy Official at our e-mail address info@matterandform.net or by mail at:
Matter and Form Inc.,
99 Yorkville Avenue,
Toronto, Ontario, Canada
M5R 1C1
or by phone at 416 533 6767.
TERMS AND CONDITIONS OF USE
The use of these Websites by You is governed by Matter and Form’s terms and conditions of use which can be found on https://matterandform.net/legal.
TERMS AND CONDITIONS OF SALE
The sale of merchandise from the Websites by Matter and Form is governed by Matter and Form’s terms and conditions of sale which can be found on https://matterandform.net/legal.
Warranty
This Limited Warranty applies to all new, unused, and unopened Matter and Form Inc. hardware products (“Products”) sold to a first End-User by Matter and Form Inc. or by an authorized distributor or reseller of Matter and Form Inc. Products, in particular:
| Product | Model Number |
|---|---|
| Matter and Form 3D Scanner V2 | MFS1V2 |
| Matter and Form THREE | MFSTHREE |
This Limited Warranty does not apply to any open-box, refurbished, test, beta, sample or evaluation Products. This Limited Warranty may be modified by Matter and Form Inc. at any time, and applies only to Products sold within the period during which this Limited Warranty is in effect.
- WARRANTY. Matter and Form Inc. represents and warrants to the first End-User of original Products that the Products shall materially conform to Matter and Form Inc.’s published specifications in effect as of the date of delivery, subject to the terms and conditions below.
- FOR A WARRANTY CLAIM TO BE VALID (without limitation):
- notification must be made before the end of the Warranty Period, as defined below;
- the claim must conform to any additional stipulations of the Warranty Period, as defined below;
- the claim must be made (and the Product must be located) within Canada or the jurisdiction of the authorized distributor or reseller of the particular Matter and Form Inc. Product to which this Limited Warranty applies;
- the claim must be substantiated with original proof of purchase, including a receipt bearing the date, price and place of purchase, and the serial number of the Product(s), and any other information reasonably requested by Matter and Form Inc.
- CLAIM HANDLING:
- The remedy shall be refund, repair or replacement of the non- conforming hardware Product or part(s) of hardware Product in a commercially reasonable time by Matter and Form Inc. or its authorized representative as solely determined by Matter and Form Inc. or its authorized representative;
- Matter and Form Inc. may require the warranty claimant to pay all costs of shipping the Product (including any brokerage fees, duties, excise fees, VAT, withholding or other taxes or similar fees applicable in connection with the shipment of the Product) to and from such warranty service location(s) as Matter and Form Inc. may designate, which may be located in Canada or elsewhere.
- Matter and Form Inc. shall bear any cost of repair and/or replacement (aside from shipping costs as set forth above), provided that the return is deemed eligible pursuant to this Limited Warranty, authorized via an RMA number and return instructions are followed, including all instructions regarding proper shipping procedures;
- replacement parts or Products will either be new or refurbished, may differ from the original parts (provided they provide substantially the same functionality), and will be furnished on an exchange basis. If defective parts are not returned, Matter and Form Inc. may bill for parts or reject a warranty claim. All replaced parts or Products become the property of Matter and Form Inc.
- WARRANTY PERIOD.
- MFS1V2: One (1) year after date of purchase (as evidenced by the proof of purchase) by first End-User.
- MFSTHREE: Two (2) years after date of purchase (as evidenced by the proof of purchase) by first End-User.
- EXCLUSIONS: These Limited Warranty obligations do not cover (in any respect) a) in the case of MFSTHREE, the antenna, the tripod, the carrying case, and any other included accessories, and b) physical damage sustained from improper handling during shipping as well as normal wear and tear in use of Product. These Limited Warranty obligations shall be voided if alleged Product failure or non-performance was caused in whole or part by
- unauthorized modifications, alterations or repair;
- parts were installed and used that were not certified or approved by Matter and Form Inc. or its designated representative
- unusual physical or electrical stress;
- abuse, misuse, accident, neglect;
- exposure to external forces or materials (excluding an object being scanned by the Product in ordinary operation, but including extraordinary or excessive force applied to the Product by an object being scanned, or materials (e.g. paint, dust, residue) left on the Product by an object being scanned), including exposure to temperatures outside the recommended operating range, airborne particulate matter, dust, residue, paint, chemicals, water or moisture, flooding, fire, electrical problems associated with incoming power or otherwise or other acts not the fault of Matter and Form Inc.;
- not adhering to Matter and Form Inc.’s recommended maintenance procedures or failure to comply with Product instructions and/or documentation;
- to the extent allowed by applicable law, the Product has been removed from the country or region where it was originally sold by Matter and Form Inc. or its designated representative.
- HOW TO GET WARRANTY SERVICE: To commence a claim under this Limited Warranty, please contact the authorized seller where the Product was purchased, or, contact Matter and Form Inc. Support ("Support") by Email at matterandform.net/help
- LIMITATIONS/DISCLAIMERS. THIS LIMITED WARRANTY IS THE END- USER’S SOLE AND EXCLUSIVE REMEDY AGAINST MATTER AND FORM INC. WHERE PERMITTED BY LAW AND SUBJECT TO SECTION (h). EXCEPT FOR THIS LIMITED WARRANTY, MATTER AND FORM INC. MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH REGARD TO THE PERFORMANCE OF ANY PRODUCT. WITHOUT LIMITATION OF THE FOREGOING, ALL IMPLIED WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. MATTER AND FORM INC. WAIVES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, EVEN IF MATTER AND FORM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- STATUTORY LAWS. *
- SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
- EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THIS LIMITED WARRANTY DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS, INCLUDING WARRANTY RIGHTS, APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS INCLUSIVE OF OR IN ADDITION TO THESE RIGHTS, AS APPLICABLE.