Terms & Conditions
TERMS OF SERVICE
SECTION 1 - INTRODUCTION
Our Website, www.mysiah.com (the “Website”) is operated by MYSIAH WORLDWIDE INC. (“Mysiah”). Throughout the Website, the terms “we”, “us” and “our” refer to Mysiah. Mysiah offers the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our Website and/or purchasing our products, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, “Terms of Service”, “Terms”). For greater certainty the use of our Website or the Services is conditioned upon your acceptance of all Terms of Service. Please read these Terms of Service carefully before using the Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – CONSENT AND AGE OF MAJORITY
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND ACCEPT ALL LEGAL CONSEQUENCES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IN WHOLE OR IN PART, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OF RESIDENCE.
SECTION 3 – PURCHASES
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be required to supply or make visible certain information relevant to your Purchase including, without limitation, your full name, your email address, your credit card information, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to send email money transfers, use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.
We reserve the right, in our sole discretion, to refuse, cancel or limit your order at any time for any reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, the same email money transfer sender and/or orders that use the same billing and/or shipping address. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to be completed, or any resulting loss or damages to you.
In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
For further details, please review our Return, Refund & Exchange Policy.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account or access to our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
SECTION 5 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete, or current. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions regarding any number of items including, but not limited to, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, product descriptions, hash-tags, specifications, availability, and services. Additionally, we reserve the right, but have no obligation to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice (including after you have submitted your order). You agree that it is your responsibility to monitor changes to our Website.
The information and content on the Website 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 timelier sources of information. Any reliance on the material on this Website is at your own risk.
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information. No specified update or refresh date applied in the Service or on the Website should be taken to indicate that all information in the Service or on the Website has been modified or updated.
SECTION 6 – PRODUCTS OR SERVICES
Our products and Services are available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return, Refund & Exchange Policy.
Without notice at any time, we reserve the right, at our sole discretion to:
· limit the sales of our products or Services to any person, geographic region, or jurisdiction;
· limit the quantities of any products or services that we offer;
· discontinue any product or Service at any time (or any part thereof);
· change any or all descriptions of products (or any part or content thereof); and
· change product pricing.
We shall not be liable to you or to any third-party for any modification, including any price change, produce description amendment, suspension of the Service or discontinuance of the Service or any product.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on the Website 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.
For greater certainty, you further acknowledge and agree that Mysiah shall not be responsible or liable, directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with the purchase, use or reliance on any such goods, services, resources, content available on or through, or any other transactions made in connection with, any third-party websites or services.
Please carefully review 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 relevant third-party.
SECTION 8 – PERSONAL INFORMATION
You understand, acknowledge and accept that your information and content may be transferred on an unencrypted basis and may be subject to (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 9- INTELLECTUAL PROPERTY
The Service and all contents, including but not limited to text, images, graphics or code are the property of MysiahS and are protected by intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Mysiah. Any other use is strictly prohibited and may violate intellectual property laws. These Terms do not grant you a license to use any trademark or any intellectual property of Mysiah or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
You agree 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 Website through which the Service is provided, without expressed written permission by us.
SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you provide a review, 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, libellous, 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 libellous 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 the Website. You may not use a false e-mail 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 11 – PROHIBITED USES
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
In addition to other prohibitions as set forth 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 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, worms or any other type of malicious or destructive code that will or may be used in any way that will affect the functionality or operation of the Service or of the 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 the Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Mysiah its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will be accurate or reliable or will meet your requirements.
Mysiah makes no guarantees, representations or warranties of any kind as regards the Website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. YOU EXPRESSLY 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 ARE (EXCEPT AS EXPRESSLY STATED BY US) 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, PERFORMANCE AND NON-INFRINGEMENT.
We have used reasonable efforts to display as accurately as possible the colours and images of our products that appear in stock. However, we cannot guarantee the accuracy or correctness of any image displayed on the Website. We do not warrant or represent 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.
In no case shall Mysiah, 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, damage to electronic media or data, goodwill, or other intangible losses, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from: (i) your access to or use of the Service or any products procured 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 incurred as a result of the use of the Service or any product, or any content product, posted, transmitted, or otherwise made available via the Service, even if advised of their possibility; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; and (iv) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Because some provinces, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states, or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mysiah, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account or your use of the Service. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
SECTION 14 – NON-WAIVER OF RIGHTS
If you breach any of these Terms and Mysiah chooses not to immediately act, or chooses not to act at all, Mysiah will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Mysiah does not waive any of its rights. Mysiah shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
SECTION 15– SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION.
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 Website.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. You will remain liable for all amounts due up to and including the date of termination.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability provisions.
SECTION 17 – EXCLUSIONS
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada applicable therein.
SECTION 19 – 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.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms of Service and any policies or operating rules posted by us on this Website 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.
SECTION 20 – CHANGES TO WEBSITE AND TERMS OF SERVICE
From time to time, we may remove, change or add new features to the Website; add or remove products; and add, remove or edit content. In each case, any changes made to the Website shall be subject to the Terms of Service. No changes made to the Website, excluding express changes made to the Terms of Service, shall be construed as amending or altering the construction, interpretation or application of 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 modify or replace these Terms at any time. Any such changes will become effective immediately upon the corresponding amendment to this page. It is your responsibility to check this page periodically for changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
SECTION 21 – CONTACT INFORMATION
Any questions or comments about the Terms of Service should be sent to us through our contact form.