Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to TERVIQAN! The terms "we", "us" and "our" refer to TERVIQAN. TERVIQAN operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). TERVIQAN is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use 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 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any 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 is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

Product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue products at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. TERVIQAN reserves the right to accept or decline an order in accordance with applicable law. Your order is not accepted until TERVIQAN confirms acceptance. We must receive and process payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the contact information provided when the order was placed.

Purchases are subject to our Return & Refund Policy.

You represent and warrant that 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 will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

We may occasionally offer promotions that affect pricing and are governed by terms separate from these Terms. If promotional terms conflict with these Terms, the promotional terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store.

You represent that payment information you provide is accurate and that you are authorized to use the payment method provided.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times displayed or communicated by TERVIQAN are estimates and are not guaranteed. Delivery may be affected by shipping carriers, customs processing, destination, weather, holidays and other circumstances outside our reasonable control.

Please review our Shipping Policy for additional information regarding shipping and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, images, graphics, video, audio and the design, selection and arrangement thereof, are owned by TERVIQAN, its affiliates or licensors where applicable and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services except as permitted by law or with prior authorization from the applicable rights holder.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services that we neither monitor nor control.

Access to such tools may be provided "as is" and "as available." Your use of third-party tools is subject to the applicable third party's terms and policies.

We may offer new features, tools or resources through the Services in the future. Such features will also form part of the Services and be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so subject to the terms and policies of those third parties.

Please carefully review applicable third-party policies before engaging in transactions with third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

TERVIQAN is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with TERVIQAN.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TERVIQAN, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with TERVIQAN to the extent permitted by applicable law.

SECTION 10 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable law. Because our store is hosted by Shopify, Shopify may also collect and process information in connection with your access to and use of the Services.

Information submitted through the Services may be transmitted to Shopify and other service providers that may operate in countries other than where you reside. Please review our Privacy Policy for additional information about how personal information is handled.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us permission, to the extent permitted by law, to use such Feedback in connection with operating, improving and promoting the Services.

You represent that you own or have the necessary rights to Feedback you provide and that your Feedback does not violate applicable law or the rights of third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information provided through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel affected orders when permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services to violate applicable laws or regulations, infringe intellectual-property rights, transmit malicious software, collect personal information unlawfully, engage in fraud, harassment or abuse, interfere with the operation or security of the Services, or engage in other unlawful or harmful conduct.

We reserve the right to restrict or terminate access to the Services if we reasonably determine these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

Automated or agent-based access to the Services must comply with applicable laws, these Terms and any technical restrictions or instructions we establish. Automated systems may not circumvent security measures, access restrictions, CAPTCHAs or other mechanisms designed to protect the Services.

SECTION 15 - TERMINATION

We may terminate or restrict access to the Services where permitted by applicable law, including where these Terms have been violated.

Provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY TERVIQAN, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERVIQAN AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless TERVIQAN and its affiliates, partners, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law or infringement of third-party rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and policies posted on our website constitute the agreement governing your use of the Services, subject to applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws applicable in the jurisdiction where TERVIQAN is headquartered, subject to any mandatory consumer-protection laws that apply to you.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms at any time on this page.

We may update these Terms from time to time by posting an updated version on our website. Where required by applicable law, we will provide notice of material changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be submitted through the Contact page on our website.

 

TERVIQAN
Hope, British Columbia, Canada
V0X 1L1

Questions about these Terms of Service may be submitted through the Contact Us page on our website.