Terms & Conditions
TERMS AND CONDITIONS
Website: www.ITFactory.ca
Type of Website: Ecommerce
Effective Date: November 12, 2025
Version: 2.0
ITFactory.ca is owned and operated by ITFactory.
Contact Information:
Email: admin@itfactory.ca
Phone: (888) 313-1124
Address: 4035 St-Ambroise Unit 310, Montreal, Quebec, H4C 2E1
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions ("Terms") govern your use of www.ITFactory.ca (the "Website"). This Website is an ecommerce platform for the sale of computer software, electronics, and related products.
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not use this Website.
2. INTELLECTUAL PROPERTY
All content published and made available on our Website is the property of ITFactory and/or our content creators. This includes, but is not limited to:
- Text, images, graphics, logos, and photographs
- Product descriptions and specifications
- Software code and website design
- Videos, audio files, and multimedia content
- Downloadable files and documentation
- Trademarks, service marks, and trade names
You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from this Website without our express written permission.
Product names, brands, and trademarks belong to their respective owners. Our display of these marks does not imply endorsement or affiliation unless explicitly stated.
3. ACCEPTABLE USE
As a user of our Website, you agree to use our Website legally and appropriately. You agree NOT to:
- Use the Website for any illegal purpose or to violate any laws
- Harass, threaten, or harm other users
- Violate the intellectual property rights of ITFactory or third parties
- Attempt to gain unauthorized access to user accounts or our systems
- Hack, phish, or introduce viruses, malware, or harmful code
- Engage in fraudulent activity or misrepresent your identity
- Scrape, data mine, or use automated tools without permission
- Post or transmit inappropriate, offensive, or illegal content
- Interfere with the proper functioning of the Website
- Use the Website to spam or send unsolicited communications
- Resell products in violation of manufacturer agreements
If we believe you are using our Website illegally or in violation of these Terms, we reserve the right to limit, suspend, or terminate your access. We may also take legal action to prevent you from accessing the Website and to recover damages.
4. USER CONTRIBUTIONS
Our Website may allow users to post reviews, comments, photos, or other content. By posting content on our Website, you:
- Grant us a non-exclusive, royalty-free, perpetual license to use, display, and distribute your content
- Represent that you own the content or have permission to post it
- Agree that your content does not violate any laws or third-party rights
- Agree not to post false, misleading, defamatory, or inappropriate content
- Understand that we may remove content that violates these Terms
We are not responsible for user-generated content and do not endorse any opinions expressed by users.
5. USER ACCOUNTS
When you create an account on our Website, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password and account
- Update your information if it changes
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
- Not share your account with others
We reserve the right to suspend or terminate your account if:
- You violate these Terms
- You provide false or misleading information
- We suspect fraudulent activity
- Your account remains inactive for an extended period (we will notify you first)
6. SALE OF GOODS
These Terms govern the sale of goods available on our Website, including:
- Computer software (downloadable licenses and physical media)
- Computer hardware and accessories
- Electronics and consumer technology products
- Office equipment and supplies
- Two-way radios and communication devices
- Other technology-related products as displayed on the Website
Product Information
We strive to provide accurate product descriptions, specifications, images, and pricing. However:
- We cannot guarantee complete accuracy of all product information
- Product images may differ slightly from actual items
- Specifications are subject to change by manufacturers
- We are not liable for typographical errors or omissions
- We reserve the right to correct errors and update information
Pricing and Availability
- All prices are in Canadian Dollars (CAD) unless otherwise stated
- Prices are subject to change without notice
- We reserve the right to modify or discontinue products at any time
- Product availability is not guaranteed until order confirmation
- Sale prices and promotions are time-limited and subject to terms
- We reserve the right to limit quantities purchased
Order Processing
When you place an order:
- You make an offer to purchase at the listed price
- We may accept, reject, or modify your order
- Order confirmation email constitutes acceptance
- We may contact you for verification before processing
- If verification is required and you don't respond within 3 business days, your order will be cancelled and refunded
- We reserve the right to cancel orders for pricing errors, product unavailability, or suspected fraud
7. THIRD-PARTY PRODUCTS AND SERVICES
Our Website may offer products from third-party manufacturers and distributors. For these products:
- The manufacturer's warranty applies (if any)
- We act as a reseller and provide support as able
- Technical support may be provided by the manufacturer
- Returns and refunds are subject to our Refund Policy and manufacturer terms
- We cannot guarantee compatibility with your specific systems
It is your responsibility to verify product compatibility and system requirements before purchase.
8. PAYMENT METHODS
We accept the following payment methods:
- Credit Card (Visa, Mastercard, American Express)
- Debit Card
- PayPal
- Apple Pay
- Google Pay
- Shopify Pay
- Buy Now, Pay Later services (Sezzle, Afterpay, PayBright by Affirm)
- Wire Transfer (for large orders, contact us)
When you provide payment information, you:
- Authorize us to charge the full amount to your payment method
- Represent that you are authorized to use the payment method
- Agree to pay all applicable taxes and fees
- Acknowledge that payment is processed by secure third-party processors
If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction.
9. SHIPPING AND DELIVERY
Shipping Methods
We offer the following shipping options:
- Standard Shipping: 2-6 business days within Canada
- Express Shipping: 1-3 business days within Canada
- International Shipping: Varies by destination (contact us for rates)
- Digital Delivery: Immediate to same business day (for downloadable software)
Shipping Terms
- Delivery times do not include weekends and statutory holidays
- Delivery times are estimates and not guaranteed
- You must provide a complete and accurate delivery address
- We are not responsible for delays caused by the carrier
- Risk of loss passes to you upon delivery
- FREE shipping on orders over $99 (Canada only, some exclusions apply)
- Shipping charges are calculated at checkout
International Orders
For international shipments:
- You are responsible for all customs duties, taxes, and fees
- We are not responsible for customs delays or rejections
- Some products cannot be shipped internationally
- Delivery times vary by country and customs processing
- You must comply with all import laws in your country
10. REFUNDS AND RETURNS
Our complete Refund Policy is available separately on our Website. Key points:
- Physical products: 30-day return window
- Digital products (software): Final sale once activation key is sent (except defective items)
- Restocking fees may apply
- Items must be in original condition with all packaging
- You must obtain an RMA (Return Merchandise Authorization) number before returning items
Please refer to our Refund Policy at itfactory.ca/policies/refund-policy for complete details.
11. CONSUMER PROTECTION LAW
Where the Quebec Consumer Protection Act or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation.
These Terms will be read subject to the mandatory provisions of consumer protection legislation. If there is a conflict between these Terms and mandatory consumer protection laws, the mandatory provisions of the legislation will apply.
12. LINKS TO OTHER WEBSITES
Our Website may contain links to third-party websites or services that we do not own or control. We are not responsible for:
- The content of third-party websites
- The privacy practices of third-party websites
- Any products or services offered by third parties
- Any losses or damages resulting from your use of third-party websites
It is your responsibility to read the terms and conditions and privacy policies of any third-party websites before using them.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
- ITFactory and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability will not exceed the amount you paid for the product or service in question
- We are not liable for losses resulting from: unauthorized access to your account, interruption of service, errors or omissions in content, delays in delivery, product defects covered by manufacturer warranties, or your misuse of products
- Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you
Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by law.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ITFactory, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
- Your use of the Website
- Your violation of these Terms
- Your violation of any law or third-party rights
- Your user-generated content
- Your fraudulent or illegal activities
15. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law provisions.
Jurisdiction
For disputes arising from these Terms:
- Quebec residents: Courts of Quebec have exclusive jurisdiction
- Other Canadian residents: Courts of your province have jurisdiction, applying local consumer protection laws
- International customers: Courts of Quebec have jurisdiction, subject to applicable international treaties
Dispute Resolution Process
Before initiating legal proceedings, you agree to:
- Contact us at support@itfactory.ca to attempt informal resolution
- Allow us 30 days to respond and work toward a resolution
- Consider mediation or arbitration if informal resolution fails
16. FORCE MAJEURE
We will not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to causes beyond our reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, fires, storms)
- Acts of government or regulatory authorities
- War, terrorism, civil unrest
- Pandemics or public health emergencies
- Labor strikes or disputes
- Telecommunications or internet failures
- Supplier or manufacturer failures
- Cyberattacks or security incidents
In the event of force majeure, our obligations will be suspended for the duration of the event. If the event continues for more than 30 days, either party may terminate the affected order with a full refund.
17. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be deemed void and removed from these Terms. All other provisions will remain in full force and effect.
18. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ITFactory regarding your use of the Website and supersede all prior agreements, understandings, and communications.
19. WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of ITFactory.
20. ASSIGNMENT
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to any successor or purchaser of our business without your consent.
21. CHANGES TO THESE TERMS
We may amend these Terms from time to time to maintain compliance with law, reflect changes in our business practices, or for other operational reasons. When we make changes:
- We will update the "Effective Date" and "Version" at the top
- For material changes, we will notify users by email or prominent notice on the Website
- Continued use of the Website after changes constitutes acceptance
- You should review these Terms periodically
If you do not agree to the updated Terms, you must stop using the Website.
22. CONTACT INFORMATION
If you have any questions or concerns about these Terms, please contact us:
ITFactory
Email: admin@itfactory.ca
Phone: (888) 313-1124
Hours: Monday-Friday, 9:30 AM - 5:30 PM EST
You can also contact us through the contact form on our Website.
