Terms of service

OVERVIEW
This website ("Site") is an online store ("Store") operated by The Mallorn Project Inc ("The Mallorn Project"), a Canadian corporation.  Throughout the site, the terms “we”, “us” and “our” refer to The Mallorn Project and any or all of its subsidiaries and affiliated companies and "you" and "your" refer to the user. Our Store is hosted on Shopify inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, the Privacy Policy, Shipping Policy, and Order and Return Policy. The Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read the Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, or using the Service, you agree to be bound by the Terms of Service. If you do not agree to the Terms of Service, do not access the Site or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Site shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS
By agreeing to these Terms of Service, if you are an individual (rather than an organization or entity), you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use this Site or Service. If you are using the Site or Service on behalf of an organization or entity, then you represent that you are legally authorized and permitted to use the Site or Service and to bind such organization or entity to these Terms of Service. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Site and Service. A breach or violation of any of the Terms of Service will result in an immediate termination of your Service. 

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree : (a) not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us; (b) not to use our products or services for any illegal or unauthorized purpose or, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws); and (c) not to interfere with or try to disrupt our Site or Service, for example by transmitting any worms, viruses, or any other harmful computer code into our platforms or third party services, programs, or systems. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ERRORS, INACCURACIES, OMISSIONS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Occasionally there may be information on our Site or in the Service that contains 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 in the Service or on any related website 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 Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.  

SECTION 4 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS & SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return, refund, or exchange only according to our Order and Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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 warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All products available for purchase on our Site are described on their specific page. We try to represent each product and design as accurately as possible via copy points and images, of which many are provided by third parties (like partner suppliers). We reserve the right to amend the specifications of products, their price, packaging, and any associated service at any time, without notice. While we use our best efforts to provide you with the best product descriptions and images that are as accurate as possible, we cannot guarantee that descriptions and Site images (including details and colour) are 100% accurate representations of a product, and sizes might in some cases be approximate. 

SECTION 6 - ACCURACY OF BILLING & ACCOUNT INFORMATION
You agree to provide current, complete, and accurate account and other information, including your email address and credit card numbers and expiration dates, for all purchases made and orders placed at our Site, so that we can complete your transactions and contact you as needed. You agree to promptly update your information as and when it becomes outdated.

SECTION 7 - ORDERS, PAYMENTS & FEES
Orders. Your purchase of a product by paying the applicable charges ("order") is placed and received exclusively via the Site. Before ordering from us, it is your responsibility to take a close look at the product description and to check and determine your full ability to receive the product. All information asked on the checkout page must be filled in precisely and accurately to ensure successful delivery of the product. We are not responsible for missed delivery because of an error in the checkout information. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order, per person, or per household. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Payments, fees, and applicable taxes. Unless stated otherwise, you may choose currency from the options available at the Site in which all payments, fees (like shipping costs), and applicable taxes (like sales taxes) will be quoted. You are responsible for paying all payments, fees, and applicable taxes associated with our Site and Service. Payment of the total price of your order, including delivery and applicable taxes, must be made in full at the time your order is placed. By placing an order through the Site you are confirming that you are: (1) legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment; and (2) to the best of your knowledge, charges incurred by you will be honoured by your financial institution (including but not limited to credit card company) or payment service provider. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse, The Mallorn Project for damages resulting from such unauthorized use. 

Discounts. The Mallorn Project at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in our marketing and promotional emails, or via other channels or events The Mallorn Project may use or participate in. 

Returns. If you make any return which does not comply with our Order and Return Policy, you will reimburse The Mallorn Project for its losses, including any chargeback handling fees. For more detail, see our Order and Return Policy and Shipping Policy. 

SECTION 8 - DELIVERY
We deliver to North America, specifically to the United States and Canada. Unless specified otherwise by us, you shall cover delivery costs. Delivery prices are additional to the prices for products and services and may vary depending on delivery location and/or the type of product/service, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page, however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. 

Some products are packaged and shipped separately. We cannot guarantee delivery dates, and to the extent permitted by law we accept no responsibility, apart from advising you of any known delay, for products/services that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site, however this is only an average estimation, and some delivery can take longer, or alternatively be delivered faster. All delivery estimates given at the time of placing and confirming your order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make product/service delivery as simple as possible.

Ownership of the products/services that you order will only pass to you after we receive full payment of all sums due in respect of them, including delivery fees and applicable taxes, and deliver the products/services to the carrier.

SECTION 9 - COLLABORATION
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to our Service, products (including new products), and services (including new services), or any integration with a vendor platform. No agency, partnership, joint venture, employee-employer, franchisor-franchise relationship, etc. is intended or created by the Terms of Service.

SECTION 10 - OPTIONAL TOOLS
The Site may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the Site, which we collect to provide our Service, is governed by our Privacy Policy.

SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local 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 submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of 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 circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & RELEASE
Disclaimer of warranties. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful materials. We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable, or meet your expectations. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You also agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any representation, 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.

Limitation of liability. In no case shall The Mallorn Project, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 the Service or any products or services procured using the Service, or for any other claim related in any way to your use of the Service or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product/service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

The Mallorn Project will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under the Terms of Service when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.

For clarity and avoidance of doubt, the liability of The Mallorn Project, if any, will under no circumstances exceed the actual amount paid by you for the Service that you have purchased or used through the Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental or certain other damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Release. To the fullest extent permitted by law, you release The Mallorn Project from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by you, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by The Mallorn Project (or for which The Mallorn Project provides no guarantees) under the Terms of Service, or (b) for which The Mallorn Project is otherwise indemnified or released by you under the Terms of Service.

SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Mallorn Project and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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 law or the rights of a third-party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable: (1) such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law; (2) the unenforceable portion shall be deemed to be severed from these Terms of Service; and (3) such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also: (1) terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or (2) accordingly, deny you access to our Service (or any part thereof).

SECTION 19 - TRANSFER & ASSIGNMENT
The Mallorn Project at its own discretion reserves the right to transfer or assign the Terms of Service or any right or obligation thereunder at any time.

SECTION 20 - ENTIRE AGREEMENT, GOVERNING LAW & DISPUTE RESOLUTION
Entire agreement. The failure of 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 Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law and dispute resolution. This Agreement will be subject to and governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Notwithstanding anything to the contrary, we may apply to any court of competent jurisdiction for injunctive or other equitable relief. Judgement upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 Site. It is your responsibility to check out the Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@themallornproject.com.