Terms and Conditions

Last Updated: October 29, 2025

These Terms and Conditions ("Terms") govern your access to and use of the SwagStore platform and related services operated by 3Thirty3 Ltd. o/a SwagStore ("SwagStore", "we", "us", "our"). By accessing or using our website, services, or any tenant storefront, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

• "Services" means the SwagStore e-commerce platform, websites, tenant storefronts, and all related services.
• "Tenant" or "Team" means organizations (sports teams, clubs, schools, etc.) using SwagStore to operate a storefront.
• "Buyer" or "Customer" means individuals purchasing products through the platform.
• "SwagBucks" means platform credits administered by SwagStore as described in Section 7.
• "Content" means text, images, logos, designs, and other materials uploaded by Tenants or Buyers.

2. Who We Are

SwagStore is operated by 3Thirty3 Ltd. o/a SwagStore, a Canadian corporation.

• Legal Contact: legal@swagstore.ca
• Registered Address: 5415 Calgary Trail NW, Edmonton, AB T6H 4J9, Canada
• Business Number: Provided upon request for tax purposes

3. Platform Role and Control

3.1 Platform Operator

SwagStore operates as the e-commerce platform provider and service operator. We retain ultimate operational control over:

• All tenant storefronts and their operation
• Order acceptance and processing
• Pricing policies and modifications
• Payment processing and fund disbursement
• Fulfillment arrangements and shipping
• Platform policies and rules
• Access suspension or termination

3.2 Tenant Role

Tenants may propose product listings, provide artwork, and supply content, but all such activities are subject to SwagStore's approval and platform rules. Tenants do not:

• Independently control or operate the platform
• Have authority to bind SwagStore to contracts
• Act on behalf of SwagStore except with express written authorization
• Process payments or handle customer funds directly

3.3 Merchant of Record

SwagStore acts as the merchant of record for all transactions. We are responsible for payment processing, tax collection and remittance, and regulatory compliance related to sales.

4. Accounts and Eligibility

4.1 Account Requirements

To create a tenant storefront or customer account, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be legally capable of entering into binding contracts in Canada
• Provide accurate, complete, and current information
• Maintain the security of your account credentials

4.2 Verification

SwagStore may require verification of identity, business status, tax information, or other details. We may approve or reject storefront requests at our sole discretion for legal compliance, fraud prevention, or business reasons.

4.3 Account Responsibility

You are responsible for all activity under your account. Notify us immediately at legal@swagstore.ca if you suspect unauthorized access.

5. Orders, Pricing, and Payments

5.1 Order Process

• Orders placed by buyers constitute offers to purchase
• SwagStore reserves the right to accept or reject any order
• Order confirmation does not guarantee acceptance
• We may cancel orders for reasons including pricing errors, product unavailability, fraud concerns, or policy violations

5.2 Pricing

• All prices are in Canadian Dollars (CAD) unless otherwise stated
• Prices may change without notice
• Taxes (GST, HST, PST) are added at checkout as required by law
• Shipping costs are calculated based on delivery address
• We reserve the right to correct pricing errors even after order confirmation

5.3 Payment Processing

• Payment is processed at the time of order placement
• We accept major credit cards and other payment methods as listed
• All payments are processed securely through our payment providers
• You authorize charges for your order total including taxes and shipping

6. Fulfillment and Shipping

6.1 Fulfillment Control

SwagStore controls all fulfillment relationships and arrangements. We work with third-party suppliers and manufacturers to fulfill orders.

6.2 Delivery Estimates

• Estimated delivery times are provided for convenience only
• Estimates do not constitute binding promises unless required by law
• Actual delivery times may vary due to production, shipping delays, or other factors
• SwagStore is not liable for delays beyond our reasonable control

6.3 Risk of Loss

Risk of loss and title for products pass to the buyer upon delivery to the carrier.

7. SwagBucks Rewards Program

7.1 Program Overview

SwagBucks is a loyalty rewards program administered solely by SwagStore. SwagBucks are platform credits that may be earned through purchases and redeemed for products or discounts as we determine.

7.2 Earning SwagBucks

• SwagBucks may be earned on qualifying purchases as specified at time of purchase
• Earn rates are subject to change without notice
• SwagBucks are typically credited after order fulfillment
• Cancelled or refunded orders may result in SwagBucks deduction
• We reserve the right to modify earn rates, qualifying purchases, or promotional offers

7.3 Redeeming SwagBucks

• SwagBucks may be redeemed for products, discounts, or rewards as specified by SwagStore
• Redemption options and values are determined solely by SwagStore
• Minimum redemption thresholds may apply
• SwagBucks cannot be combined with certain promotions or discounts
• We reserve the right to modify redemption options at any time

7.4 SwagBucks Have No Cash Value

IMPORTANT: SwagBucks have absolutely no cash value and cannot be:

• Exchanged for cash or cash equivalents
• Transferred between accounts without authorization
• Sold or traded to third parties
• Used outside the SwagStore platform
• Claimed as a credit or refund

7.5 SwagBucks Adjustments and Forfeitures

SwagStore may adjust, withhold, revoke, or forfeit SwagBucks in the following circumstances:

• Technical errors or system malfunctions
• Suspected fraud or abuse of the program
• Violation of these Terms or program rules
• Account suspension or termination
• Inactivity for extended periods (as determined by SwagStore)
• Program discontinuation or modification

7.6 No Guaranteed Value

SwagBucks balances and redemption values may be modified at any time. There is no guaranteed conversion rate or redemption value.

7.7 Program Termination

SwagStore reserves the right to discontinue, modify, or terminate the SwagBucks program at any time with or without notice. Upon termination, all SwagBucks balances may be forfeited.

7.8 Tax Implications

You are responsible for any tax implications of earning or redeeming SwagBucks. Consult a tax professional for guidance.

8. Returns, Refunds, and Cancellations

8.1 Return Policy

Return and refund policies are disclosed at checkout and on our Returns page. Policies may vary by product type:

• Standard Products: Returns accepted within 30 days of delivery in original condition
• Custom/Personalized Products: Final sale - no returns or exchanges except for defects
• Clearance/Sale Items: May be final sale as indicated

8.2 Defective Products

If you receive a defective or damaged product, contact us within 7 days of delivery. We will arrange replacement or refund at our discretion.

8.3 Cancellations

• Orders may be cancelled before production begins
• Custom orders cannot be cancelled once production starts
• Contact us immediately to request cancellation
• Refunds for cancelled orders are processed to the original payment method

8.4 Consumer Protection

These policies do not limit mandatory consumer protection rights under Canadian federal or provincial law.

9. Content and Intellectual Property

9.1 Tenant Content

Tenants are fully responsible for:

• Accuracy and legality of all content they submit
• Obtaining necessary rights, licenses, and permissions
• Ensuring content does not infringe third-party intellectual property rights
• Compliance with all applicable laws regarding their content

9.2 License to SwagStore

By uploading content, you grant SwagStore a worldwide, non-exclusive, royalty-free, transferable license to:

• Host, store, and display the content
• Reproduce content on products
• Use content in marketing and promotional materials
• Modify content as necessary for technical requirements
• Sublicense to manufacturers and fulfillment partners

9.3 Content Removal

SwagStore may remove or refuse content that:

• Violates intellectual property rights
• Violates these Terms or applicable laws
• Contains offensive, harmful, or inappropriate material
• Poses safety or legal risks

9.4 SwagStore Intellectual Property

All SwagStore trademarks, logos, designs, and platform technology remain our exclusive property. You may not use SwagStore intellectual property without written permission.

10. Prohibited Conduct

You agree not to:

• List or sell illegal, counterfeit, or unsafe products
• Infringe intellectual property rights of any third party
• Engage in fraudulent or deceptive practices
• Manipulate pricing, reviews, or ratings
• Attempt to circumvent technical controls or security measures
• Use the platform for money laundering or other illegal activities
• Violate any applicable laws or regulations
• Upload viruses, malware, or harmful code
• Harass, threaten, or abuse other users
• Scrape, data mine, or access the platform through automated means without authorization
• Resell SwagBucks or engage in unauthorized transfers
• Create multiple accounts to abuse promotions or SwagBucks

11. Privacy and Data Protection

11.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and share personal information. By using the Services, you consent to our privacy practices.

11.2 Data Obligations

Tenants and buyers must:

• Comply with applicable data protection laws
• Provide accurate information for orders and accounts
• Supply information required for tax reporting or regulatory compliance
• Notify us of any data breaches or security incidents

12. Suspension and Termination

12.1 Right to Suspend or Terminate

SwagStore may immediately suspend or terminate your access to the Services if:

• You violate these Terms
• We suspect fraudulent activity
• Your conduct threatens platform integrity or safety
• Required by law or court order
• You fail to pay amounts owed
• Your account shows signs of compromise

12.2 Enforcement Actions

Upon violation of these Terms, we may:

• Suspend or terminate accounts
• Withhold payments or SwagBucks balances
• Remove listings or content
• Cancel pending orders
• Pursue legal remedies and damages
• Report illegal activity to authorities

12.3 Effect of Termination

Upon termination:

• Your access to the Services ends immediately
• All outstanding orders will be processed or cancelled at our discretion
• SwagBucks balances are forfeited
• Payment obligations survive termination
• Provisions regarding indemnification, liability, and dispute resolution survive

13. Warranties and Disclaimers

13.1 Services Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

13.2 Disclaimer of Warranties

SwagStore disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Accuracy, reliability, or availability of the Services
• Uninterrupted or error-free operation
• Security of data or communications

13.3 Third-Party Services

We are not responsible for third-party services, suppliers, manufacturers, or shipping carriers. Any warranties on products are provided by manufacturers, not SwagStore.

14. Limitation of Liability

14.1 Liability Cap

EXCEPT WHERE PROHIBITED BY LAW, SWAGSTORE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS IS LIMITED TO THE GREATER OF:

• (a) Amounts paid by you to SwagStore in the 12 months preceding the event giving rise to liability, OR
• (b) CAD $1,000

14.2 Exclusion of Damages

TO THE EXTENT PERMITTED BY LAW, SWAGSTORE IS NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or products
• Damages arising from third-party actions
• Damages resulting from unauthorized access to your account

14.3 Basis of the Bargain

These limitations reflect the allocation of risk between the parties and are fundamental elements of the basis of the bargain.

15. Indemnification

You agree to indemnify, defend, and hold harmless SwagStore, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your content or listings
• Your breach of these Terms
• Your violation of any laws or regulations
• Your infringement of third-party intellectual property rights
• Your fraudulent or harmful conduct
• Claims by buyers related to your products or content

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, contact us at legal@swagstore.ca to attempt informal resolution. We will work in good faith to resolve disputes.

16.2 Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

16.3 Jurisdiction

You agree that courts located in Edmonton, Alberta have exclusive jurisdiction over disputes, except where mandatory consumer protection laws provide otherwise.

16.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

17. Changes to Terms

17.1 Right to Modify

SwagStore may modify these Terms or the Services at any time. Material changes will be posted with reasonable notice where practicable.

17.2 Continued Use

Continued use of the Services after changes constitutes acceptance of the modified Terms. If you do not agree, discontinue use immediately.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and SwagStore regarding the Services.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

18.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

18.5 Force Majeure

SwagStore is not liable for delays or failures in performance due to causes beyond our reasonable control, including natural disasters, acts of government, labor disputes, or supply chain disruptions.

18.6 Export Compliance

You agree to comply with all applicable export and import laws when using the Services.

19. Contact Information