TERMS AND CONDITIONS OF SALE AND USE
Terms and Conditions of Sale and Use
OVERVIEW
This website is operated by FAIZA CHAIKHI, operating as ToutMyf. Throughout the site, the terms “we”, “us” and “our” refer to FAIZA CHAIKHI, operating as ToutMyf. FAIZA CHAIKHI, operating as ToutMyf offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale”, “Terms and Conditions of Sale and Use”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools which are added to this store shall also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependents under your care to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit 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 prior written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The content on this site is provided for general information only and should not be relied upon as your sole basis for making decisions without consulting more accurate, complete and up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, by nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice and at any time.
We shall not be liable to you or to any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES, IF APPLICABLE
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and may only be returned or exchanged according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information or other merchandise obtained or purchased by you will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. 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 orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, 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 of any kind and without any endorsement. We shall have no legal liability arising from or relating to your use of optional third-party tools.
If you use optional tools offered through the site, you do so entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website, including new tools and resources. Such new features and/or services shall also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party content, website, product, service or other item accessible from or through third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to those third parties.
ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content, for example to participate in contests, or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively referred to as “comments”, you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that you send to us. We are and shall be under no obligation: (1) to maintain comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property rights or these Terms and Conditions of Sale and Use.
You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene content, nor any computer virus 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, pretend to be someone other than yourself, or attempt to mislead us and/or third parties as to the origin of any comments. You are entirely responsible for all comments you publish and for their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, delivery 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 in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.
We are under no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, state law, rule or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that compromises the functionality or operation of the Service, any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, crawl, scrape or scan the web or any other resource; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, unless expressly stated otherwise by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
FAIZA CHAIKHI, operating as ToutMyf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any service or product obtained from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available through the Service, even if 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, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless FAIZA CHAIKHI, operating as ToutMyf, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services, or any part thereof.
ARTICLE 17 – ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms and Conditions of Sale and Use.
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be interpreted against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you Services, shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about the Terms and Conditions of Sale and Use should be sent to us at contact.myfgroup@gmail.com.