TERMS AND CONDITIONS
The Terms and Conditions were last updated on July 21 2022.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Ontario, Canada
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Carmen Wong, owner of https://carmenmwong.com
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to website name, accessible from https://carmenmwong.com (website url)
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Agreement to Terms
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions 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 Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
If you choose to place an order with us, you are accepting our policies on shipping, returns and refunds. Please read our Shippings, Returns and Refunds Policy before using Our Service.
Intellectual Property Rights
Unless otherwise indicated, the Website is our proprietary property and its “Content”, such as, but not limited to, text, audio, video, photographs, graphics on the Site and the trademarks, service marks, and logos contained (the “Marks”) are owned, controlled or licensed to us and are protected by copyright, trademark and intellectual property laws.
No Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose, without our written permission. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
User Representations
By using the Website, you represent and warrant that:
you have the legal capacity and you agree to comply with these Terms
you are not a minor in the jurisdiction in which you reside
you will not access the Website through automated or non-human means, whether through a bot, script or otherwise
you will not use the Website for any illegal or unauthorized purpose
your use of the Website will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any or all current or further use of the Website (or any portion thereof).
Prohibited Activities
You may not access or use the Website for any purpose other than for which we make the Website available or for any commercial endeavors not endorsed or approved by us.
You agree not to:
Systematically retrieve data or other content from the Website to create or compile, indirectly or directly, a collection, compilation, database or directory without written permission from us
Trick, defraud or mislead us and other users
Circumvent, disable or interfere with security related features of this Website
Tarnish or harm, in our opinion, us and/or the Website
Use any information obtained from the Website in order to harass, abuse or harm another person
Make improper use of our support services or submit false reports of abuse or misconduct
Use the Website in any way that is violate any applicable laws or regulations
Upload or transmit (or attempt to upload or transmit)
viruses, Trojan horses, or other material that may interfere with a user’s use of the Website,
anything that affects the use, features, functions, operation or maintenance of the Website, or
anything that acts as a passive or active information collection or transmission mechanism, including without limitation, web bugs, cookies, spyware, etc.
Attempt to impersonate another user or person when using the Website
Interfere with, disrupt or create an undue burden on the Website or networks or services connected to the Website
Harass, intimidate, annoy or threaten any of our employees engaged in providing services associated with the Website
Attempt to bypass any security measures that prevent or restrict Your access to, or part of the, Website
Except as a result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including, but not limited to any spider, robot, cheat utility, scraper that accesses the Website, or using or launching any unauthorized script of other software.
Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purposes of sending unsolicited email
Delete the copyright or other proprietary rights notice from any Content
Use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Website (“Submissions”) provided by You to us are non-confidential. Any Submissions may be treated in accordance with the Privacy Policy.
Third-Party Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Website, you agree to the terms outlined in our Privacy Policy, which is incorporated into these Terms.
Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use or disclosure, your continued use will transfer your data to the United States. By using the Website, you agree to have your data transferred to and processed in the United States.
Shipping, Returns and Refunds Policy
Our Shipping, Returns and Refunds Policy is incorporated in these Terms. By placing an order through our Website Shop, you agree to the terms outlined in the Shipping, Returns and Refunds Policy.
Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid, if any, by You to us during the 6 month period prior to any cause of action arising. Certain countries and international laws do not allow limitations or implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers or limitations may not apply to You and You many have additional rights.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Indemnification
You agree to defend, indemnify and hold us harmless, including our affiliates, and all our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees, and expenses, made by any third party due to or arising out of :
use of the Website;
breach of the Terms and Conditions;
any breach of your representations and warranties set forth in these Terms and Conditions
your violation of the rights of a third party
any overt harmful act toward any other user of the Site whom you connected via the Site
Notwithstanding the forgoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for you are required to indemnify us and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or processing which is subject to this indemnification upon becoming aware of it.
Governing Law
The laws of the Ontario, Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
Disputes Resolutions
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally for at least 30 days before initiating arbitration. Informal negotiations start upon written notice from You to us.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately, which may include, blocking of certain IP addresses.
Change to Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will alert you about any changes by updating the “Last updated” date of the Terms and Conditions and you waive any right to receive specific notice of each such change. What constitutes a material change will be determined at Our sole discretion.
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.
Miscellaneous
There is no joint venture, partnership, employment or agency relationship created between You and us as a result of these Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto execute these Terms.
Concerns or Questions
Contact us if you would like to resolve a complaint, have any concerns or questions regarding our Terms and Conditions.
These terms were created with support from Termly.