Terms of service
OVERVIEW
This website is operated by Memorable Merch Inc. Throughout the website, the terms "we", "us", and "our" refer to Memorable Merch Inc. We offer this website, including all information, tools, and services available to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.
By visiting our website and/or making a purchase from us, you participate in our “Service” and agree to comply with the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms and conditions and policies referenced within or accessible by hyperlink. These Terms apply to every user of our website, including but not limited to browsers, customers, vendors, and content contributors.
We advise that you carefully review these Terms of Service prior to using our website. If you access or use any part of the site, you agree to these Terms of Service. If you do not accept all of the terms and conditions outlined here, you should not access the website or use any of our services. Any acceptance of an offer made through this site is strictly limited to these Terms of Service.
From time to time, we may introduce new features, tools, or content to our online store. These additions will also be governed by these Terms of Service. You can always access the latest version of these Terms of Service on this page. We maintain the right to change, update, or replace any part of these Terms by posting updates to our website. It is your responsibility to check for updates periodically, as continued use of our website after changes have been posted constitutes your agreement to those changes.
Our online store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our custom car fresheners and related services.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are at least the age of majority in your region or jurisdiction of residence. Alternatively, if you are not of the age of majority, you confirm you have received permission from your parent or legal guardian to use our website.
You agree that you will not use our products or services for any illegal, unauthorized, or prohibited purpose. You also agree that while using our Service, you will comply with all laws and regulations applicable in your jurisdiction, including but not limited to intellectual property and copyright laws.
You must not use our site to distribute viruses, malware, or any code that could cause damage or harm to our systems or those of others.
Any violation of these Terms may result in the immediate termination of your access to our services, at our discretion.
SECTION 2 - GENERAL CONDITIONS
We retain the right to refuse service to anyone, for any reason, at any time.
You understand that the content you submit or transmit through our site (excluding sensitive payment data) may be transferred without encryption and may involve transmission over various networks and adjustments to technical requirements of connecting devices or platforms.
Credit card and payment information is always securely encrypted during transmission.
You agree not to copy, duplicate, reproduce, resell, exploit, or misuse any part of our Service, or any content on our website, without our explicit written permission.
All section headings included in this agreement are intended solely for convenience and shall not affect the interpretation or enforceability of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We do our best to ensure the information provided on our website is accurate and current. However, we make no guarantees that all information presented is always complete, accurate, or up-to-date.
All content on this website is provided for general informational purposes only. You should not rely solely on any information provided here without consulting more reliable, complete, or current sources of information.
Any reliance you place on the content of our site is done entirely at your own risk.
At times, the site may contain historical information that, by its nature, is not current and is provided for reference only.
We reserve the right to update or change the contents of our website at any time. However, we are not obligated to update any information unless legally required to do so.
You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to adjust pricing for our products at any time, without prior notice.
We also reserve the right to modify or discontinue any aspect of our Service or any portion of the website content at any time without notice.
We will not be liable to you or any third party for any changes to our services, product pricing, website content, or the suspension or termination of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Our custom car fresheners and related services are available exclusively online through our website.
Our products are made to order, and quantities may be limited depending on demand and production capacity.
All products are subject to return or exchange only in accordance with our Returns & Refunds Policy.
We strive to display as accurately as possible the colors and images of our products on the website, but we cannot guarantee that the color display on your device will perfectly match the printed product.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis.
We also reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products, services, and pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product or service at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline or cancel any order you place with us at our sole discretion. In addition, we may limit or restrict the quantity of items ordered per individual, per household, or per order.
These limitations may apply to orders placed using the same customer account, the same payment method, and/or those using the same billing or shipping address.
If we modify or cancel an order, we will attempt to contact you using the contact details provided at the time the order was submitted, including your email address and/or phone number.
We also reserve the right to restrict or prohibit orders that, in our sole assessment, appear to be placed by resellers, distributors, or unauthorized parties.
You agree to provide complete, accurate, and up-to-date billing and account information for all purchases made through our store.
You further agree to promptly update your account details and other relevant information, such as your email address and payment method details, to ensure we can successfully process your transactions and reach you if needed.
For further information on returns and exchanges, please refer to our Returns & Refunds Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not control or monitor, and over which we have no influence or authority.
You acknowledge and accept that we provide access to these tools strictly “as is” and “as available” without offering any warranties, representations, or conditions of any kind and without any endorsement.
We shall not bear any liability whatsoever arising from or related to your use of these optional third-party tools.
Any use you make of these tools is entirely at your own discretion and risk, and you should ensure that you are familiar with and agree to the terms and conditions upon which these tools are provided by the applicable third-party providers.
We may also introduce new services and/or features through the website in the future (including new tools and resources), and such additions shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links that direct you to third-party websites or services that are not affiliated with us.
We do not assume any responsibility for examining or evaluating the content, accuracy, or practices of any third-party sites, and we do not warrant or accept any liability for any materials, products, or services offered by such third parties.
We are not liable for any damages, losses, or harm incurred as a result of your interactions, purchases, or use of goods, services, content, or any other transactions made in connection with third-party websites.
We advise that you carefully review and understand the third-party's policies and practices before engaging in any transactions.
All complaints, claims, questions, or concerns related to third-party products or services should be directed to the respective third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you provide us with submissions, such as contest entries, or if you voluntarily send us creative ideas, feedback, suggestions, proposals, or other materials, whether submitted online, by email, postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use those comments in any medium.
We are under no obligation (1) to maintain any comments in confidence; (2) to provide any form of compensation for those comments; or (3) to respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including but not limited to intellectual property rights, privacy, publicity, or other personal or proprietary rights.
You also agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any malware, viruses, or other harmful code that could affect the operation of our Service or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for the content and accuracy of any comments you post or provide.
We accept no responsibility and assume no liability for any comments submitted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use, and protect your information.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.
We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any details in the Service or on any related website are inaccurate at any time, without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, unless required by law.
No specific update or refresh date applied in the Service or on any related website should be interpreted to mean that all information on the site or within the Service has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to any other prohibitions stated in the Terms of Service, you are prohibited from using the website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable local, provincial, state, national, or international regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses, malware, or any other type of malicious code that may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service, any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our Service will always be uninterrupted, secure, timely, or free from errors.
We do not guarantee that the outcomes or results that may be obtained from using our Service will always be accurate or reliable.
You acknowledge that we may, from time to time, suspend or remove the Service for indefinite periods, or cancel the Service entirely, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your own risk. All products and services provided to you through our Service are supplied “as is” and “as available” unless explicitly stated otherwise by us, without any guarantees, representations, or warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Memorable Merch Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind resulting from the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Since certain jurisdictions or states do not allow the exclusion or limitation of liability for consequential or incidental damages, in those cases, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Memorable Merch Inc. and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any applicable laws or the rights of a third party.
SECTION 15 - SEVERABILITY
If any part of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms of Service.
Such a determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Service.
SECTION 16 - TERMINATION
The obligations and liabilities of both you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service will remain in effect unless and until they are terminated either by you or by us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole judgment, you fail to comply with any term or condition of these Terms of Service, or if we suspect you have violated these Terms, we may terminate this agreement at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any earlier versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service, along with any separate agreements through which we provide you Services, shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to revise, update, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions or concerns regarding these Terms of Service should be sent to us at aidan@memorablemerch.ca.