Downloadable Digital Products Terms and Conditions of Sale
Effective August 01, 2025
1.0 Introduction
These terms and conditions do not include "print on demand" products. Please refer to "Print On Demand Products Terms and Conditions of Sale" in regards to "print on demand" product purchases. A "downloadable digital product" is defined as any product sold on this website (https://www.mygenderisheretostay.com) that can be downloaded by an electronic device and stored as a file on that electronic device. These terms and conditions set out the terms and conditions between the customer ("you", "your"), and My Gender Is Here To Stay (“us”, “we”, "our"), governing the use of our website and our "downloadable digital products" including the content therein. Your use of our website, and/or purchase, and/or download and/or use of our "downloadable digital products" constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, or download, or use any of our "downloadable digital products".
2.0 License and Use
Your purchase of any of our "downloadable digital products" constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access any of the "downloadable digital products" for the purpose of your own personal use and reference. You agree that under no circumstances shall you use, or permit to be used, any "downloadable digital products" other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our "downloadable digital products", whether modified or not, to any third party. You agree not to use any of our "downloadable digital products" in a way which might be detrimental to us or damage our reputation.
3.0 Intellectual Property
All "downloadable digital products", whether modified or not, and all intellectual property, trademarks and copyrights contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether any of the "downloadable digital products" have been modified or not, shall you have or attempt to claim ownership of any intellectual property rights, trademarks or copyrights in any of the "downloadable digital products".
4.0 Refunds and Chargebacks
Once a "downloadable digital product" has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our "downloadable digital products". Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our "downloadable digital products" are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 Warranties and Liability
We make every effort to ensure that our "downloadable digital products" are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of any of the "downloadable digital products", and we provide no warranties as to the function or use of any of the "downloadable digital products", whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6.0 Other Fees
Any applicable, taxes, duties, and tariffs will be calculated and payable by you at the time of checkout.
7.0 General
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of "downloadable digital products", and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Canadian law and both us and you irrevocably submit to the exclusive jurisdiction of the Canadian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
8.0 Contacting Us
Please do not hesitate to contact us regarding any matter relating to this "Downloadable Digital Products Terms and Conditions of Sale" via email: contact@mygenderisheretostay.com
Print On Demand Products Terms and Conditions of Sale
Effective: August 01, 2025
1.0 Introduction
These terms and conditions do not include "downloadable digital products". Please refer to “Downloadable Digital Products Terms and Conditions of Sale” in regards to "downloadable digital product" purchases. A “print on demand” product is defined as any physical item sold on this website (https://www.mygenderishertostay.com) that has printing on it. "Print on demand" products are fullfilled by Sellfy "print on demand" services. These terms and conditions set out the terms and conditions between the customer (“you”, “your”), and My Gender Is Here To Stay (“us”, “we”, our”), governing the use of our website and our “print on demand” products. Your use of our website, and/or purchase of our “print on demand” products, and/or use of our “print on demand” products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website, or purchase any of our “print on demand” products, or use any of our “print on demand” products.
2.0 Intellectual Property
Any logos or printed words on any of the “print on demand” products, whether modified or not, and all intellectual property, trademarks, and copyrights contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the “print on demand” products have been modified or not, shall you have or attempt to claim ownership of any intellectual property rights, trademarks or copyrights in the “print on demand” products. You shall not reproduce or redistribute and logos or printed words that are on our “print on demand” products without our permission.
3.0 Refunds and Chargebacks
“Print on demand” products are custom printed at the time of the order. Once a “print on demand” product has been purchased by you, no right of cancellation or refund exists due to the nature of our “print on demand” products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
4.0 Shipping
Orders are typically fulfilled in 2 to 7 business days. Shipping times vary depending on your location. Typically shipping times vary between 2 to 10 business days. Fulfillment and shipping times are estimates only. Shipping costs and handling fees are extra and are calculated and payable by you at the time of checkout. Any applicable taxes, duties and tariffs will be calculated and payable by you at the time of checkout. Any applicable taxes, duties, and tariffs due after the "print on demand" item(s) are shipped are your resposibility and payable by you.
5.0 Warranties and Liability
Any “print on demand” product colours depicted in photos displayed on the website (https://www.mygenderisheretostay.com) may have slight variations and may not be exactly as depicted in the photos. We make every effort to ensure that our “print on demand” products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the “print on demand” products, and we provide no warranties as to the function or use of our “print on demand” products, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6.0 Delivery and Product Concerns
If a "print on demand" order cannot be delivered or is refused by the customer, it will be returned to the production facility. All items that are returned to the production facility will be donated to charity. Please contact us if you don't receive your "print on demand" purchace, and we will detrmine what we can do to help resolve the isssue. If a "print on demand" item is received by you, but is damaged or is of poor quality, you have 10 days from the time of receiving the "print on demand" product to report it to us. We will carefully review your concern(s) and determine if a full refund or if a replacement "print on demand" product will be shipped to you. Failure to report any "print on demand" item that is damaged or is of poor quality to us within 10 days from the time of receiving the "print on demand" product may disqualify you from reciving a full refund or a replacement "print on demand" product.
7.0 General
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of “print on demand” products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Canadian law and both us and you irrevocably submit to the exclusive jurisdiction of the Canadian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
8.0 Contacting Us
Please do not hesitate to contact us regarding any matter relating to this “Print On Demand Products Terms and Conditions of Sale” via email: contact@mygenderisheretostay.com