TERMS AND CONDITIONS OF

 

WWW.STUDIOARTSESSIONS.CA

Last revision: April 20, 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS

WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon

this website maintained by Studio Art Sessions Inc. (the "Website").

Your access or use of the Website indicates that you have read, understand and agree

to be bound by these Terms and Conditions and any other applicable laws, statutes

and/or regulations. We may change these Terms and Conditions at any time without

notice, effective upon its posting to the Website. Your continued use of the Website will

be considered your acceptance to the revised Terms and Conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licencors, which includes

materials protected by copyright, trademark, or patent laws. All trademarks, service

marks and trade names are owned, registered and/or licensed by us. All content on the

Website, including but not limited to text, software, code, designs, graphics, photos,

sounds, music, videos, applications, interactive features and all other content is a

collective work under Canadian and other copyright laws and is the proprietary property

of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website

including, but not limited to, documentation, data, or information developed by us, and

other materials which may assist in the use of the Website or Services ("Company

Materials"). The Company Materials may not be used for any other purpose than the use

of this Website and the services offered on the Website. Nothing in these Terms of Use

may be interpreted as granting any licence of intellectual property rights to you.

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3. ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website

(an "Account"):

a) you are solely responsible for your Account and the maintenance, confidentiality

and security of your Account and all passwords related to your Account, and any

and all activities that occur under your Account, including all activities of any

persons who gain access to your Account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your Account, any

service provided through your Account or any password related to your Account, or

any other breach of security with respect to your Account or any service provided

through it, and you agree to provide assistance to us, as requested, to stop or

remedy any breach of security related to your Account, and

c) you agree to provide true, current, accurate and complete customer information

as requested by us from time to time and you agree to promptly notify us of any

changes to this information as required to keep such information held by us current,

complete and accurate.

4. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to

make a payment. Pay attention to the details of the transaction, as your total price may

include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use

that payment instrument. When you make a payment, you authorize us (and our

designated payment processor) to charge the full amount of the payment instrument you

designate for the transaction. You also authorize us to collect and store that funding

instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a preapproval from the issuer of the

card for an amount as high as the full price. If you cancel a transaction before

completion, this pre-approval may result in those funds not otherwise being immediately

available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if

we believe in doing so may prevent financial loss.

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In order to prevent financial loss to you or to us, we may contact your funding instrument

issuer, law enforcement, or affected third parties (including other users) and share

details of any payments you are associated with, if we believe doing so may prevent

financial loss or a violation of law.

5. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the

Website. We undertake to be as accurate as possible with all information regarding the

goods and services, including product descriptions and images. However, we do not

guarantee the accuracy or reliability of any product information and you acknowledge

and agree that you purchase such products at your own risk.

6. SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment for any items you may purchase from us and you

acknowledge and affirm that prices are subject to change. When purchasing a physical

good, you agree to provide us with a valid email and shipping address, as well as valid

billing information. We reserve the right to reject or cancel an order for any reason,

including errors or omissions in the information you provide to us. If we do so after

payment has been processed, we will issue a refund to you in the amount of the

purchase price. We may also request additional information from you prior to confirming

a sale and we reserve the right to place any additional restrictions on the sale of any of

our products. For the sale of physical products, we may preauthorize your credit or debit

card at the time you place the order or we may simply charge your card upon shipment.

You agree to monitor your method of payment. Shipment costs and dates are subject to

change from the costs and dates you are quoted due to unforeseen circumstances.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at

the following:

info@studioartsessions.ca

If you are unhappy with anything you have purchased on our Website, you may do the

following:

Customers can send an email requesting a refund.

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7. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited

under this clause. You agree not to use the Website in any way that could damage the

Website, the services or the general business of Studio Art Sessions Inc.

You further agree not to use and/or access the Website:

a) To harass, abuse, or threaten others or otherwise violate any person's legal

rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that

may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination

towards any group;

h) To unlawfully gather information about others.

8. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using

the Website, you authorize us to use your information in Canada and any other country

where We may operate.

When you register for an account, you provide us with a valid email address and may

provide us with additional information, such as your name and/or billing information.

Depending on how you use our Website, we may also receive information from external

applications you use to access our Website, or we may receive information through

various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on

our website, including through email communication. We may also track certain of the

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passive information received to improve our marketing and analytics, and for this, we

may work with third-party providers.

If you would like to disable our access to any passive information we receive from the

use of various technologies, you may choose to disable cookies in your web browser.

Please be aware that we will still receive information about you that you have provided,

such as your email address.

If you choose to terminate your account, we will store information about you for a

reasonable period of time to be determined by us in accordance with applicable federal

and provincial laws. After this period, all information about you will be deleted.

9. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or

software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of

encryption or other security tools, data mining or interference to any host, user or

network.

10. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the

Website is at your own risk.

11. INDEMNIFICATION

You defend and indemnify Studio Art Sessions Inc. and any of its affiliates and hold us

harmless against any and all legal claims and demands, including reasonable attorney's

fees, which may arise from or relate to your use or misuse of the Website, your breach

of these Terms and Conditions, or your conduct or actions. We will select our own legal

counsel and may participate in our own defense, if we wish to so.

12. SPAM POLICY

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You are strictly prohibited from using the Website or any of our services for illegal spam

activities, including gathering email addresses and personal information from others or

sending any mass commercial emails.

13. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not

responsible or liable for any loss or damage caused as a result of your use of any third

party services linked to from our Website.

14. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or

invalid by any court of law, the prior, effective version of these Terms and Conditions be

considered enforceable and valid to the fullest extent.

15. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or

emergency services on a scheduled or unscheduled basis. You agree that your access

to the Website may be affected by unanticipated or unscheduled downtime, for any

reason, but that the we will have no liability for any damage or loss caused as a result of

such downtime.

16. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use

of the Website, effective at any time, without notice to you, for any reason, including

because the operation or efficiency of the Website or our or any third party's equipment

or network is impaired by your use of the Website, any amount is past due from you to

us, we have received a third party complaint which relates to your use or misuse of the

Website, or you have been or are in breach of any term or condition of these Terms and

Conditions. We will have no responsibility to notify any third party, including any third party

providers of services, merchandise or information, of any suspension, restriction or

termination of your access to the Website.

17. NO WARRANTIES

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Your use of the Website is at your sole and exclusive risk and any services provided by

us are on an "as is" basis. We disclaim any and all express or implied warranties of any

kind, including, but not limited to the implied warranty of fitness for a particular purpose

and the implied warranty of merchantability. We make no warranties that the Website

will meet your needs or that the Website will be uninterrupted, error-free, or secure. We

also make no warranties as to the reliability or accuracy of any information on the

Website or obtained through the Services. Any damage that may occur to you, through

your computer system, or as a result of loss of your data from your use of the Website is

your sole responsibility and we are not liable for any such damage or loss.

18. PRIVACY

Internet communications are subject to interception, loss or alteration and, as

consequences, you acknowledge that information or data you provide by electronic

means by accessing or using this Website are not confidential or exclusive, except to the

extent required by the applicable laws, and that communications by email may be

intercepted, altered or lost.

For more information, please refer to our Privacy Policy, which you may find at the

following address: https://www.studioartsessions.ca/privacy-policy.

19. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the

Website, to the fullest extent permitted by law. The maximum liability of Studio Art

Sessions Inc. arising from your use of the Website is limited to the greater of one

hundred ($100) Canadian Dollars or the amount you paid to Studio Art Sessions Inc. in

the last six (6) months. This applies to any and all claims by you, including, but not

limited to, lost profits or revenues, consequential or punitive damages, negligence, strict

liability, fraud, or torts of any kind.