Terms of Service

Last updated: September 25, 2025

Overview

This website is operated by Jack59 Inc. (“Jack59”, “we”, “us”, “our”). By visiting our site and/or purchasing from us, you agree to these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by link. If you do not agree to the Terms, you may not use the Services.

Our store is hosted by Shopify Inc., which provides the e-commerce platform we use to sell our products and services.

1. Eligibility & Account

• You represent that you are the age of majority in your province/state of residence, or you have consent from a parent/guardian for any minor dependents using the site.
• You agree to provide current, complete, and accurate account and purchase information, and to promptly update it as needed.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

2. Permitted Use & Prohibitions

• You may not use the Services for any unlawful purpose or to violate any applicable laws (including IP laws).
• You may not transmit malicious code or attempt to interfere with the security or operation of the Services.
• You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without our express written permission.
• We may refuse service to anyone, at any time, for any reason permitted by law.

3. Information Accuracy

Content on the site is provided for general information and may not be current, complete, or accurate. We may modify the site’s contents at any time without obligation to update. Your reliance on site material is at your own risk.

4. Prices, Availability & Modifications

• Prices, product descriptions, and availability are subject to change without notice.
• We may modify or discontinue any part of the Services at any time.
• We are not liable for any modification, price change, suspension, or discontinuance of the Services.

5. Orders & Billing

• We may limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, card, or address.
• If we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided.
• We may refuse orders that, in our judgment, appear to be placed by dealers, resellers, or distributors not authorized by Jack59.
• Taxes, duties, and shipping are calculated at checkout; see our Shipping Policy and Refund & Replacement Policy.

6. Products & Services

• Certain products/services may be available exclusively online and may have limited quantities.
• We have made every effort to display colors/images accurately, but cannot guarantee your screen’s display.
• We may limit sales of products/services by person, region, or jurisdiction at our discretion.
• We do not warrant that product quality or the Services will meet your expectations, or that errors will be corrected.

7. Shipping, Risk of Loss & Route

• Shipment processing times, carriers, timelines, and responsibilities are described in our Shipping Policy.
• Risk of loss transfers to you when we hand the order to the carrier. If you decline Route Package Protection, you must pursue any loss/theft/damage claims directly with the carrier.
• Courier insurance terms and timelines are set by each courier and subject to change.

8. Returns, Replacements & Refunds

• Consumer (B2C) replacements/refunds are handled per our Refund & Replacement Policy.
• Wholesale/B2B terms may differ; partners can review the current Wholesale Policy when logged into their wholesale account.
• Original shipping and handling fees are non-refundable.

9. Wholesale Accounts, MAP/MSRP, and Sales Channels

• If you hold a wholesale account, you agree to the Wholesale Policy, including MSRP, MAP, sales channel restrictions (e.g., marketplaces), branding, and no returns for wholesale.
• Violations may result in account suspension or termination and refusal of future orders.

10. Third-Party Tools & Links

• We may provide access to third-party tools “as is” and “as available” without warranties or endorsement. Your use is at your own risk.
• The site may contain links to third-party websites. We are not responsible for third-party content, policies, or practices.

11. User Content & Feedback

• If you submit ideas, reviews, suggestions, or other materials (“Comments”), you grant Jack59 a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and distribute such Comments without obligation.
• You agree not to submit unlawful, infringing, defamatory, obscene, or harmful content, or content containing malware.
• We may monitor, edit, or remove content in our discretion but have no obligation to do so.

12. Privacy

Your submission of personal information through the store is governed by our Privacy Policy. By using the Services, you acknowledge our processing of your data as described there.

13. Errors, Inaccuracies & Omissions

From time to time, our site or Services may contain errors or omissions (e.g., pricing, availability, shipping charges, transit times). We reserve the right to correct such errors and to change or update information or cancel orders if any information is inaccurate, without prior notice (including after submission).

14. Prohibited Conduct

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:
(a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate laws or regulations; (d) to infringe IP rights; (e) to harass, abuse, defame, disparage, or discriminate; (f) to submit false or misleading information; (g) to upload malware; (h) to collect or track personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to circumvent security. We may terminate your use for violations.

15. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

16. Limitation of Liability

To the maximum extent permitted by law, Jack59 and its officers, directors, employees, agents, contractors, suppliers, and service providers shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, data, or replacement costs, arising from your use of the Services or products, even if advised of the possibility. In jurisdictions that do not allow such exclusions or limitations, our liability shall be limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Jack59 Inc. and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or third-party rights.

18. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be severed to the extent necessary and shall not affect the validity and enforceability of remaining provisions.

19. Termination

These Terms are effective unless and until terminated by you or us. You may terminate by ceasing use of the site and notifying us. If we believe you have violated these Terms, we may terminate without notice; you remain liable for amounts due up to and including the termination date.

20. Entire Agreement & Waiver

These Terms and any policies posted on the site (including the Privacy Policy, Shipping Policy, Refund & Replacement Policy, and Wholesale Policy) constitute the entire agreement between you and Jack59 and supersede prior agreements. No waiver of any term is a waiver of any other term, and any failure to enforce a term is not a waiver of that term.

21. Electronic Communications Consent

You consent to receive communications from us electronically (e.g., email, notices on the site) and agree that such communications satisfy any legal requirement that such communications be in writing.

22. Governing Law & Venue

These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta.

23. Changes to the Terms

You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting updates to our website. Your continued use of the site after changes are posted constitutes acceptance of those changes.

24. Contact

Questions about these Terms should be sent to greathair@jack59.ca or by mail to:
Jack59 Inc.
9803 47 Ave NW, Edmonton, AB, T6E 5M7, Canada