Welcome to myTPH! We hope you enjoy your visit, and find that using our service is productive, easy and fun.
Before using the myTPH website or setting up your account with myTPH (herein referred to as "we", "us", or "myTPH"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by myTPH (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.
myTPH provides software and uploading file services that allow its customers to create, design, layout and print professional print products such as stationary, posters and large format products. Visitors to the myTPH website can also become registered members of the myTPH community. The services offered by myTPH include the myTPH personal publishing services, the myTPH website with the myTPH community (the “Website”), and any other features, content, or services offered from time to time by myTPH in connection with the Website (collectively, the “Services”).
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with myTPH and set up an Account). The term “User” , "You" refers to a Visitor or a Member.
BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE myTPH PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
myTPH may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by myTPH on the Website, (2) for existing Users, thirty (30) days after posting by myTPH on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after myTPH sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
There is no legal minimum age requirement to browse this website. However, anyone below the age of 18 should obtain parental consent in using our services, and for the submission of credit card information when placing an order. We strongly recommend that parents and guardians supervise their children's use of the Website.
All software, materials, information and content offered by myTPH are protected by copyright and other applicable laws. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility to read and understand each site's privacy and other policies and terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site's web master or site administrator.
myTPH provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your account. To maintain free storage, you need to make a purchase on myTPH.ca at least once every 12 months (the 12-month period will restart with each purchase). If you do not purchase any product or service from us for a period of 12 months, we may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, myTPH may, at its option, terminate access to the account altogether (including deletion of any account information held on myTPH.ca). We may change this policy at any time, upon reasonable notice to you.
All prices are in Canadian Dollars (CAD) and payment must accompany each order. There is no charge for browsing or accessing the Site. Please refer to our Products Price List for a complete listing. Payment terms will be via online credit card transactions, or unless otherwise stated. We reserve the right to refer to your credit card provider. myTPH will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. A sales order confirmation will be sent to your email address once the payment has been accepted.
Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, myTPH may send a notice to the customer's email address to inform of their balance due. If the balance due is not paid within the said period, myTPH may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.
All products or prints will be delivered to the delivery address supplied by you during the order process. Your order is deemed to be accepted upon myTPH notifying you by e-mail that your payment has been processed and has agreed to supply the Photo products or prints.
Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Agreement, and entirely at the discretion of myTPH.
myTPH stands behind our products. If you are unhappy with the quality of your order, for any reason, send it back to us (return shipping costs are at the user’s expense), and we’ll reprint it absolutely free (myTPH will pay for the replacement shipping expense). If you’re still not 100% satisfied, return the product (return shipping costs are at the clients expense), and we’ll refund the purchase price of the book in full (shipping expenses are not reimbursed).
myTPH is not liable to you for any loss you suffer in connection with your access or use of this Site, any linked websites or any software available at the Site. To the fullest extent permitted by applicable law, myTPH DISCLAIMS ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify or make any addition to this limited warranty.
IN NO EVENT SHALL myTPH BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF myTPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE myTPH'S SITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT myTPH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As our customer, you agree to fully indemnify and hold harmless myTPH, and all our Staffs and Agents from and against all damages, losses, expenses and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any circumstances related to your negligence or wrongful conduct when using this Service.
myTPH shall not be liable for any failure to perform its obligations under these Terms or in connection with any order where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. myTPH reserves the right, at our sole discretion, to update or make modifications to this Terms & Conditions of Use from time to time. The date of modification will be reflected at the top right on this page. If you have a question regarding our Terms & Conditions, please contact us through our Customer Support and Feedback page.
You agree to defend, indemnify and hold harmless myTPH, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the myTPH Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the myTPH Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The myTPH Website is not intended for children under 13. If you are under 13 years of age, then please do not use the myTPH Website— Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by myTPH without restriction.
You agree that:
YOU AND myTPH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE myTPH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The following rules and restrictions for promotional offers on the Site are subject to change and will vary depending on offer:
myTPH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROMOTIONAL OFFER USED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PROMOTIONAL CODE IS NON-FUNCTIONAL, THE USER'S SOLE REMEMDY, AND myTPH' SOLE LIABILITY, SHALL BE REPLACEMENT WITH THE SAME OR SIMILAR OFFER.
If you would like to delete your myTPH account, we ask you to send an email to tphonline@tph.ca with the subject line “Cancel” from the email address used to create your myTPH account requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your myTPH account will be deleted and will no longer be available.Terms and conditions.
