Terms of Service

Overview

Welcome to Porter Merch, the official merchandise store operated by Porter Airlines Inc. ("Porter," "Porter Merch," "we," "us," or "our").

Our online store offers Porter-branded merchandise, including commemorative products celebrating Porter's 20th anniversary, promotional items, and other merchandise that may be introduced from time to time.

Porter Merch operates through the Shopify e-commerce platform, which enables us to provide online shopping, payment processing, and related services (collectively, the "Services").

These Terms of Service ("Terms") govern your access to and use of our website and Services, including purchases made through Porter Merch.

By accessing our website, placing an order, or using our Services, you agree to these Terms and our applicable policies, including our Privacy Policy, Returns & Refunds Policy, and Shipping & Delivery Policy.

Please review these Terms carefully before making a purchase.

Nothing in these Terms limits or excludes any mandatory rights or remedies available under applicable consumer protection laws.

1. Online Store Eligibility & Accounts

By using our Services, you confirm that you are at least the age of majority in your province, state, or jurisdiction of residence, or that you are using the Services with the permission and supervision of a parent or legal guardian where permitted by law.

You agree to:

• Provide accurate and complete information when placing an order.

• Maintain the confidentiality of your account credentials, if applicable.

• Use the website only for lawful purposes.

• Avoid any activity that could compromise the security or functionality of the website.

Porter reserves the right to restrict or suspend access to accounts involved in fraudulent, unauthorized, or unlawful activities, subject to applicable law.

2. Products & Availability

Porter Merch offers branded promotional products, many of which are available in limited quantities or one-size options.

All merchandise is subject to availability.

We make reasonable efforts to ensure product descriptions, images, dimensions, colours, and pricing are accurate.

However, product appearance may vary slightly due to photography, screen settings, packaging, and manufacturing variations.

Porter reserves the right to:

• Limit quantities purchased per customer or order.

• Discontinue or modify products.

• Restrict purchases where reasonably necessary to prevent fraud, unauthorized resale, or inventory abuse.

• Correct inaccurate product information.

Adding an item to your shopping cart does not reserve the product or guarantee availability.

If an item becomes unavailable before fulfillment, the amount paid for that item, including applicable taxes, will be refunded to the original payment method.

These provisions do not affect your statutory rights concerning defective, misrepresented, or non-conforming products.

3. Orders & Purchases

By placing an order, you agree to provide accurate billing, payment, and shipping information.

Submitting an order constitutes an offer to purchase the selected merchandise.

Orders are subject to payment authorization, product availability, and acceptance by Porter Merch.

An automated order confirmation acknowledges receipt of your order but does not necessarily constitute final acceptance.

Porter reserves the right to cancel or decline orders for legitimate reasons, including:

• Product unavailability.

• Payment authorization issues.

• Suspected fraud or unauthorized transactions.

• Incorrect pricing or product information.

• Shipping restrictions.

• Orders that violate purchase quantity limitations.

If an order is cancelled after payment has been collected, an applicable refund will be issued to the original payment method in accordance with applicable law.

Customers should review their orders carefully before completing checkout.

Order modifications or cancellations may not be possible once an order has been processed or shipped.

4. Pricing, Payments & Taxes

Product prices are displayed on the website and may be updated without prior notice.

The price applicable to an accepted order will be the price confirmed at checkout, subject to applicable law.

Unless otherwise indicated, product prices exclude applicable sales taxes, shipping charges, customs duties, and import-related fees.

Applicable charges will be displayed at checkout or disclosed in accordance with our Shipping & Delivery Policy.

Payments are processed through Shopify and supported third-party payment providers.

Customers agree to use valid and authorized payment methods.

Porter does not guarantee the availability of every payment method for every transaction or destination.

Any applicable refunds will be processed according to our Returns & Refunds Policy and mandatory consumer protection requirements.

5. Shipping & Delivery

Porter Merch currently offers shipping within Canada and the United States.

Shipping options, estimated delivery times, and applicable costs are displayed at checkout.

Delivery estimates are not guaranteed unless expressly stated otherwise.

Shipping times may be affected by carrier operations, customs processing, weather conditions, statutory holidays, and other circumstances outside Porter's reasonable control.

Customers are responsible for providing complete and accurate shipping information.

If an order is lost, damaged, or significantly delayed, customers should contact Porter Merch Customer Service for assistance.

For further information, please refer to our Shipping & Delivery Policy.

Nothing in these Terms excludes Porter's obligations or customers' rights relating to delivery, loss, or damage under applicable law.

6. Porter Team Member Pickup

Complimentary pickup at designated Porter locations is available exclusively to eligible Porter team members.

To use this service:

• Customers must be eligible Porter team members.

• A valid Porter employee ID must be presented at pickup.

• Orders must be placed through the Porter Merch online store.

• Customers must wait for confirmation that their order is ready for collection.

Pickup locations and instructions will be provided during checkout or through order-related communications.

Porter reserves the right to verify employee eligibility and decline complimentary pickup where eligibility requirements are not met.

Employee pickup is a delivery option and does not modify the merchandise's return eligibility or applicable consumer rights.

7. Returns, Refunds & Exchanges

Eligible merchandise may be returned within 21 calendar days of purchase, with the purchase date counted as Day 1, subject to the conditions outlined in our Returns & Refunds Policy.

To qualify for a standard return, merchandise must be unused, unworn, and in its original condition, with original packaging and accessories where applicable.

Returns require prior authorization.

Due to limited quantities and one-size merchandise, exchanges are subject to availability and cannot be guaranteed.

For damaged, defective, or incorrect merchandise, customers should contact our customer service team for assistance.

Return requests must be submitted to:

porter.merch@flyporter.com

Approved refunds will be issued to the original payment method.

The complete return conditions, shipping responsibilities, and refund procedures are outlined in our Returns & Refunds Policy.

Nothing in these Terms restricts any mandatory refund, cancellation, or warranty rights provided by applicable law.

8. Intellectual Property

All content associated with Porter Merch, including logos, trademarks, product designs, images, text, graphics, and other materials, is owned by or licensed to Porter Airlines Inc. or its respective rights holders.

Porter trademarks, branding, and associated intellectual property may not be reproduced, distributed, modified, or used for commercial purposes without prior written authorization.

Purchasing merchandise does not grant customers ownership or licensing rights to Porter's trademarks, designs, or other intellectual property.

Customers may access and use the website for lawful, personal, non-commercial purposes.

Unauthorized use of website content or intellectual property is prohibited.

9. Shopify & Third-Party Services

Porter Merch uses Shopify to support its e-commerce operations, including storefront functionality, checkout, and integrations with payment and other service providers.

Purchases made through Porter Merch are transactions between the customer and Porter Airlines Inc., not Shopify.

Shopify and other service providers may have separate terms, conditions, and privacy policies governing their respective services.

Porter is responsible for its obligations as the seller of merchandise, while third-party service providers remain responsible for their own services as required by applicable law.

Our website may include links to external websites or services.

Porter does not control third-party websites and is not responsible for their independent content, policies, or practices, except where applicable law provides otherwise.

10. Privacy & Personal Information

Porter respects customer privacy and handles personal information in accordance with applicable privacy laws and its published Privacy Policy.

Information collected through Porter Merch may include:

• Customer names and contact information.

• Billing and shipping details.

• Order and transaction information.

• Customer service communications.

• Employee eligibility information where required for complimentary pickup.

Personal information may be processed by Shopify and authorized service providers to support order fulfillment, payments, fraud prevention, customer service, and website operations.

For additional information about how personal information is collected, used, stored, and disclosed, please refer to our Privacy Policy.

11. Customer Feedback & Submissions

Customers may submit feedback, questions, reviews, or suggestions regarding Porter Merch products and services.

By voluntarily submitting feedback, customers grant Porter permission to use that feedback for legitimate business purposes, including improving products, services, and customer experience, subject to applicable privacy and intellectual property laws.

Customers must not submit content that is unlawful, misleading, defamatory, discriminatory, or infringes upon the rights of others.

Porter reserves the right to remove inappropriate content from its website where permitted by law.

12. Errors, Inaccuracies & Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, shipping charges, or delivery estimates.

Porter reserves the right to correct inaccurate information and update website content.

Where an error materially affects an order, Porter may contact the customer to explain the issue and provide appropriate options, including cancellation and refund where applicable.

Any corrections, order changes, or cancellations will be handled in accordance with applicable consumer protection laws.

13. Prohibited Uses

Customers may not use Porter Merch or its Services to:

• Engage in unlawful, fraudulent, or unauthorized activities.

• Infringe intellectual property or privacy rights.

• Submit false or misleading information.

• Introduce viruses, malware, or harmful code.

• Attempt unauthorized access to website systems or customer information.

• Interfere with website security or functionality.

• Harass, threaten, or discriminate against other users or employees.

• Use automated systems to disrupt the website or circumvent security measures.

• Reproduce or commercially exploit website content without authorization.

Porter may restrict access to the Services where these Terms are violated, subject to applicable law.

14. Disclaimer of Warranties

Porter makes reasonable efforts to maintain accurate website information and reliable online services.

However, we do not guarantee that the website will operate continuously, without interruption, or without technical errors.

To the extent permitted by applicable law, website services are provided on an "as available" basis.

Any disclaimers of warranties apply only to the extent permitted by law and do not exclude statutory warranties, guarantees, or remedies relating to merchandise purchased through Porter Merch.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Porter will not be liable for indirect, incidental, special, or consequential losses arising from the use of the website or Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, statutory consumer protection obligations, or any other liability that cannot legally be excluded or restricted.

Customers retain all mandatory rights and remedies under applicable law.

16. Indemnification

To the extent permitted by applicable law, customers agree to indemnify Porter against third-party claims, damages, or reasonable expenses directly resulting from their unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.

This provision does not apply where prohibited by consumer protection laws and does not limit any mandatory consumer rights.

17. Suspension & Termination

Porter reserves the right to suspend or terminate access to the website or Services where a user engages in fraudulent, unlawful, or prohibited activities.

Termination of access does not eliminate obligations arising from previously accepted orders or affect applicable customer rights.

Provisions that reasonably need to remain effective after termination, including intellectual property and lawful limitations of liability, will continue to apply.

18. Governing Law

These Terms are governed by the applicable laws of the Province of Ontario and the federal laws of Canada applicable therein.

Nothing in this section limits mandatory consumer protection rights or legal remedies available to customers in their jurisdiction of residence, including rights that may apply to customers located in the United States.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Any unenforceable provision will be interpreted or limited only to the extent necessary to comply with applicable law.

20. Entire Agreement

These Terms of Service, together with the policies referenced on our website, govern the use of Porter Merch and purchases made through the online store.

These Terms do not override any mandatory consumer protection rights.

Failure by Porter to enforce any provision does not constitute a waiver of its right to enforce that provision in the future.

21. Electronic Communications

By placing an order or using the Services, customers acknowledge that Porter may provide transactional communications electronically, including:

• Order confirmations.

• Shipping and tracking notifications.

• Pickup notifications.

• Return and refund updates.

• Customer service communications.

• Important service or policy notices.

Marketing communications, where offered, will be managed in accordance with applicable consent and unsubscribe requirements.

22. Changes to Terms of Service

Porter reserves the right to update or modify these Terms of Service as necessary.

The most current version will be available on our website.

Updates will apply prospectively unless otherwise permitted by law.

The Terms in effect when an order is placed will generally govern that purchase, subject to applicable law.

Material changes will be communicated where required by law.

23. Contact Information

For questions regarding these Terms of Service, merchandise purchases, orders, returns, refunds, or shipping, please contact:

Porter Merch Customer Service

Porter Airlines Inc.
242 Galaxy Blvd
Etobicoke, ON M9W 5R8
Canada

Email: porter.merch@flyporter.com

Our customer service team will assist with inquiries relating to the Porter Merch program.

Consumer Rights Notice

Nothing in these Terms of Service limits, excludes, or replaces any mandatory rights or remedies available under applicable federal, provincial, state, or other consumer protection laws.