Acceptance of terms

By using upperack.ca, submitting a project request, or placing an order with 102147155 Saskatchewan Ltd. operating as Upperack (“Upperack,” “we,” “us,” or “our”), you agree to these Terms of Use. If you do not agree, please do not use our site or services.

About us

Upperack is the operating name of 102147155 Saskatchewan Ltd., a Saskatchewan corporation. We provide custom apparel and engraved goods to teams and organizations across Canada, including direct-to-film printing, vinyl, embroidery, rhinestone application, laser engraving, and digitizing.

Use of the site

You agree to use upperack.ca lawfully and for legitimate purposes related to ordering our services. You agree not to:

• Attempt to disrupt, damage, or gain unauthorized access to our site or systems
• Impersonate any person or entity, or provide false information
• Use the site to harass, defame, or harm others
• Use automated tools such as bots or scrapers without our written permission

Quotes, orders, and pricing

• All prices are quoted in Canadian dollars unless otherwise stated
• Applicable taxes (GST, and Saskatchewan PST or other provincial taxes where applicable) are added at checkout
• Written quotes are valid for thirty (30) days from issue, unless otherwise specified
• An order is confirmed when we send you a written order confirmation, typically by email
• We reserve the right to refuse or cancel any order, including for pricing errors or unavailability
• Prices may change without notice for new orders; confirmed orders remain at their confirmed price

Custom products and your files

Most of our work is made to order based on files and artwork you provide. By submitting files, photographs, logos, or other artwork:

• You represent and warrant that you own, or have the legal right to use, the submitted artwork, including any trademarks, copyrighted images, or licensed designs
• You grant Upperack a limited, non-exclusive licence to use, modify for production purposes, and reproduce your artwork solely to prepare and fulfill your order
• You are responsible for verifying the rights to use any artwork you submit; we do not independently verify ownership
• You agree to indemnify Upperack against any claim by a third party arising from artwork you submitted

Payment

Payment terms are confirmed with each order. Custom and made-to-order projects typically require a deposit or full payment before production begins. Payments are processed through our third-party payment processor (Stripe). We do not store full payment card details on our systems.

Shipping and delivery

We currently offer complimentary shipping on orders within Canada. This complimentary shipping is a service benefit we may modify, restrict to certain order types or thresholds, or withdraw at any time without prior notice. Estimated delivery times are based on production lead time plus carrier transit and are estimates only.

Once a shipment is handed to a carrier, risk of loss passes to you. We are not responsible for carrier delays, lost or damaged shipments, or incorrect delivery addresses provided by you, though we will assist with reasonable carrier claims.

Returns and refunds

Because items are produced to order from your approved files, custom and personalized items are not eligible for return based on preference, fit, or change of mind.

We will repair, replace, or credit any item with a verified production defect, provided that:

• The issue is reported to us within seven (7) days of receipt
• You provide photographs of the defect
• The item has not been worn, washed, or altered

We are not responsible for damage caused by misuse, improper care, normal wear, or third-party alteration. Nothing in this section is intended to limit your rights under Saskatchewan’s Consumer Protection and Business Practices Act or any other applicable consumer protection legislation.

Intellectual property

All content on upperack.ca, including text, design, photographs, illustrations, our brand mark and wordmark, is owned by Upperack or its licensors and is protected by Canadian and international intellectual property law. You may not copy, reproduce, modify, or distribute our content without our written permission.

Customer artwork remains the property of the customer. Our limited licence to use it is described above under Custom products.

Limitation of liability

To the maximum extent permitted by law:

• Our site and services are provided “as is” and “as available,” without warranties of any kind, express or implied
• Upperack is not liable for indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages
• Our total aggregate liability for any claim arising out of or related to an order is limited to the amount you paid for that order

Some jurisdictions do not permit certain limitations of liability. To the extent any limitation is unenforceable, this section applies to the fullest extent permitted by law and does not limit any non-waivable consumer rights you may have.

Indemnification

You agree to indemnify, defend, and hold harmless Upperack, its directors, officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our site or services, your breach of these Terms, or any artwork or content you submit.

Governing law and disputes

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. You agree that any dispute arising from these Terms or your use of our site or services will be resolved exclusively in the courts of Saskatchewan, except where otherwise required by mandatory consumer protection laws of your province of residence.

Severability and entire agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any order confirmation and our Privacy Policy, constitute the entire agreement between you and Upperack regarding your use of our site and services.

Changes to these Terms

We may update these Terms from time to time. The “Last updated” date will reflect the most recent change. Continued use of our site or services after changes means you accept the updated Terms.

Contact us

102147155 Saskatchewan Ltd. (operating as Upperack)
Email: services@upperack.ca