Terms of service
OVERVIEW
Welcome to MYSSAC! The terms “we”, “us” and “our” refer to MYSSAC. MYSSAC operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”).
The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCOUNT ACCESS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they appear or are represented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. MYSSAC reserves the right to accept or refuse your order for any reason, at its sole discretion. An order is not considered accepted until MYSSAC confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as MYSSAC may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs duties or import charges.
Prices displayed in our online stores may differ from prices offered in physical stores or in online or offline stores operated by third parties.
From time to time, we may offer promotions relating to the Services that may affect pricing and are governed by separate terms from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events beyond our control. When we transfer the products to the carrier, title and risk of loss for the products pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are owned by MYSSAC, its respective affiliates or licensors and are protected by patent, copyright and other intellectual property laws in the United States and other countries.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property belonging to MYSSAC, Shopify or any third party.
Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. MYSSAC reserves all rights not expressly granted in these Terms.
Our names, logos, product and service names, designs and slogans are trademarks of MYSSAC or its affiliates or licensors. You may not use these trademarks without the prior written permission of MYSSAC.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources or content available through third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
SECTION 10 — FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that you own or have all necessary rights to any Feedback you submit, that you have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback complies with these Terms.
We are under no obligation to maintain any Feedback in confidence, pay compensation for any Feedback or respond to any Feedback.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or through the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is 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 Services, except as required by law.
SECTION 12 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
• For any unlawful or malicious purpose;
• To violate any international, federal, provincial, state or local regulations, rules, laws or ordinances;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
• To submit false or misleading information;
• To send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
• To transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;
• To impersonate or attempt to impersonate any person or entity;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm MYSSAC, Shopify or users of the Services, or expose them to liability;
• To upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
• To collect or track the personal information of others;
• To phish, pharm, pretext, spider, crawl or scrape;
• To interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 13 — TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, at any time and without notice, at our sole discretion.
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.
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 14 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY MYSSAC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 15 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYSSAC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, 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 OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless MYSSAC, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations except to the extent that you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 17 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 — WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 — ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 20 — HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where MYSSAC is headquartered.
SECTION 22 — CHANGES TO THE 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 update, change 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 changes.
Where required by applicable law, we will notify you of material changes to these Terms. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 23 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
MYSSAC
Email: info.myssac@gmail.com