Terms of Service – Margot Vital

Overview

This website is operated by Margot Vital. Throughout the site, the terms “we”, “us” and “our” refer to Margot Vital. We offer 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 site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. Please read these Terms carefully before using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Any new features or tools added to the store are also subject to these Terms. We may update these Terms by posting changes on this page; your continued use of the website constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in using the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or destructive code. A breach of any Term will result in immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. 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 without our express written permission. Headings are for convenience only and do not limit these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information on this site is not accurate, complete or current. Materials are provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate or timely sources. Any reliance on site material is at your own risk. Historical information is provided for reference only. We may modify site contents at any time but have no obligation to update information. You agree it is your responsibility to monitor changes.

Section 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. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

Section 5 – Products or Services

Certain products or services may be available exclusively online and may have limited quantities. Returns or exchanges are governed by our Returns Policy. We attempt to display product colors and images accurately; we cannot guarantee your device’s display will be accurate. We reserve the right to limit sales of products or Services to any person, geographic region or jurisdiction, limit quantities, change descriptions or pricing, and discontinue any product at any time. Any offer is void where prohibited. We do not warrant that the quality of any products, services, information, or other material will meet your expectations or that errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order, including orders under the same account, credit card, and/or billing or shipping address. If we change or cancel an order, we may notify you via the email and/or billing address/phone number provided at the time of order. We may limit or prohibit orders that in our judgment appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information and promptly update details, including email address and payment information, so we can complete transactions and contact you as needed. See our Returns Policy for more detail.

Section 7 – Optional Tools

We may provide access to third-party tools over which we have no control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. Any use by you of optional tools is entirely at your own risk, and you should ensure you approve the terms provided by the relevant third-party provider(s). We may also offer new services and/or features in the future; such features shall be subject to these Terms.

Section 8 – Third-Party Links

Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and will not have any liability for third-party materials, websites, products or services. Review third-party policies before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Section 9 – User Comments, Feedback and Other Submissions

If you send submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to maintain comments in confidence, pay compensation, or respond. We may, but are not obligated to, monitor, edit or remove content we determine unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property or these Terms. You agree your comments will not violate any right of any third party and will not contain unlawful, abusive or obscene material or any virus or malware. You may not use a false email address or mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 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, pricing, promotions, offers, shipping charges, transit times or 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 without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We may terminate your use of the Service for violating any prohibited use.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. We may remove the Service for indefinite periods or cancel the Service at any time without notice. You agree your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through the Service are (except as expressly stated by us) provided “as is” and “as available,” without any representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no case shall Margot Vital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related to your use of the Service or any product, including errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Margot Vital and our parent, 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 or the documents they incorporate, or your violation of any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any remaining provisions.

Section 16 – Termination

Obligations and liabilities incurred prior to termination survive termination for all purposes. These Terms are effective unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term, we may terminate this agreement at any time without 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.

Section 17 – Entire Agreement

Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Section 19 – Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about these Terms should be sent to support@margotvital.com.