Terms and Conditions

Last revision: July 1, 2020

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 Tiny Cat Pottery (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. SHIPPING, DELIVERY AND RETURN POLICY

1.1 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 also may 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:

shop@tinycatpottery.com

2. ACCOUNT AND ACCOUNT USE

2.1 If your use of the Website requires an account identifying you as a user of the Website (an “Account"):

2.1.1 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;

2.1.2 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

2.1.3 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.

3. PAYMENT

3.1 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.

3.2 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 to 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.

3.3 If you pay by credit or debit card, we may obtain a pre-approval 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.

3.4 We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

3.5 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.

4. USE OF COMPANY MATERIALS

4.1 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 license of intellectual property rights to you.

5. SALE OF GOODS AND SERVICES

5.1 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. INTELLECTUAL PROPERTY

6.1 All intellectual property on the Website is owned by us or our licensors, 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.

The Company name, Tiny Cat Pottery,  and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website [or products sold] are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
 
6.2 This site contains original designs using copyrighted material (Fan Art), the use of which has not always been specifically authorized by the copyright owner. These works are transformative works of appreciation. No copyright is claimed in [these designs] and to the extent that material may appear to be infringed, I assert that such alleged infringement is permissible under fair use principles in both Canada and the United States. If you believe material has been used in an unauthorized manner, please contact the website owner directly.
 

7. ACCEPTABLE USE

7.1 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 Tiny Cat Pottery.

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

  • To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  • To violate any intellectual property rights of us or any third party;
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  • To perpetrate any fraud;
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  • To publish or distribute any obscene or defamatory material;
  • To publish or distribute any material that incites violence, hate or discrimination towards any group;
  • To unlawfully gather information about others.

8. PROTECTION OF PRIVACY

8.1 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.

8.2 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.

8.3 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 passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

8.4 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.

9. REVERSE ENGINEERING & SECURITY

9.1 You may not undertake any of the following actions:

  • Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
  • 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

10.1 We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

11. INDEMNIFICATION

11.1 You defend and indemnify Tiny Cat Pottery 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 defence, if we wish to so.

12. SERVICE INTERRUPTIONS

12.1 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.

13. TERMINATION OF ACCOUNT

13.1 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.

14. NO WARRANTIES

14.1 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.

15. COOKIES

15.1 Consent to our use of cookies;

15.1.1 The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.

15.1.2 Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer

15.2 Right to object to use of cookies by the Website;

15.2.1 You may object to the use of cookies by altering the settings of you web browser. However, any loss in functionality may not be held against us.

15.3 Description of cookies used by the Website

15.3.1 The following cookies are used when you browse our website:

Cookie: Woo Commerce Cookie;
Issuer Woo Commerce LTD;
Purpose: variety of reason.

See here for more details:
https://docs.woocommerce.com/document/woocommerce-cookies/

16. LIMITATION ON LIABILITY

16.1 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 Tiny Cat Pottery arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Tiny Cat Pottery 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.