Terms of service

OVERVIEW
This website is operated by Photo Jewellery. Throughout the site, the terms "we", "us" and "our" refer to Photo Jewellery Photo Jewellery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or making a purchase from us, you are engaging in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you signify your agreement to these Terms of Service. If you do not agree to all of the terms of this Agreement, you may not access the Site or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to an existing store are also subject to the Terms of Service. You can view 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 on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after changes are posted constitutes your acceptance of those changes.

Our store is hosted on the Shopify Inc. This provides us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE SHOP
By agreeing to these Terms of Service, you represent that you have reached the age of majority in the state or province where you reside, or that you have reached the age of majority in the state or province where you reside, and that you have consented to us allowing your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, and your use of the Service must not violate any laws in your jurisdiction (including, without limitation, copyright laws).
You may not transmit worms or viruses or any code of a destructive nature.
Violation or failure to comply with these Terms will result in immediate termination of the Service.

SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to any person for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to accommodate and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or misuse 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 our express written consent.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for any failure of the information made available on this website to be accurate, complete or current. The materials on this website are for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on material on this website is at your own risk.
This website may contain some historical information. The historical information is not necessarily current and is for informational purposes only. We reserve the right to change the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor our website for changes.

SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or termination of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may be limited in quantity and can only be returned or exchanged in accordance with our refund policy.
We strive to display as accurately as possible the colors and images of our products displayed in the store. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obligated, to restrict the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services offered by us. Any product descriptions or product prices are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of a product or service on this website is void where prohibited.
We do not warrant that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantity of products purchased per person, household or order. These restrictions may apply to orders placed with or under the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases in our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we may complete your transactions and contact you if necessary.

Please refer to our Refund Policy for further information.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we cannot monitor or over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We assume no liability of any kind arising out of or related to your use of optional third party tools.
Any use of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you have read and agree to the terms and conditions under which the tools are provided by the applicable third party providers, and you should ensure that you have read and agree to the terms and conditions under which the tools are provided by the applicable third party providers.
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 are also subject to these Terms of Service.

SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain third party materials.
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 are not responsible or liable for any third party materials or websites or other third party materials, products or services.
We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please carefully review the third party's policies and procedures and make sure you understand them before proceeding with any transaction. Complaints, claims, concerns, or questions about third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or send us creative ideas, suggestions, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use the Comments you submit to us in any medium at any time without restriction. We are not and will not be obligated to (1) maintain the confidentiality of Comments; (2) pay compensation for Comments; or (3) respond to Comments.
We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, nor will they contain any computer viruses 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, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for all of your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Store is subject to our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping costs, shipping 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 on the Service or related websites is inaccurate, at any time and without notice (including after you place an order).
We assume no obligation to update, change or clarify any information in the Service or on related websites, including, without limitation, pricing information, unless required to do so by law. Any stated update or refresh date used in the Service or on any related website shall not be construed to mean that all information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to encourage others to commit or participate in any unlawful act; (c) to violate any international, federal, provincial or state statute, rule, law or local regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, assault, defame, defame, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information; (g) upload or transmit viruses or other forms of malicious code that will or may be used in a manner that will or may affect the functionality or operation of the Service or any related website, other websites or the Internet (h) collect or monitor the personal information of others; (i) send spam, phish, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from use of the Service will be accurate or reliable.
You agree that we may remove or cancel the Service from time to time for an indefinite period of time without notice to you.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (unless we have expressly stated otherwise) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Photo Jewellery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, loss, claim or any direct, indirect, incidental, punitive, compensatory, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or products obtained through the Service or any other claim relating in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content or any loss or damage of any kind arising out of your use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Photo Jewellery and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, defend, indemnify and hold harmless you from and against 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.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, invalid or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Service and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall, for all purposes, survive the termination of this Agreement.
These Terms of Service are effective until terminated by 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 by ceasing to use our website.
If, in our sole discretion, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable to pay all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
Our failure 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 that we post on the Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the party drafting them.

SECTION 18 - CHANGES TO THE TERMS OF SERVICE
You may view the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or service after changes to these Terms of Service are posted will mean that you accept those changes.

SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@photojewelleryshop.com.