Terms of Service

Last updated:  January 11 2024

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Welcome to Beyond Pottery Inc. These Terms of Service ("Terms") outline the rules and regulations for the use of our website, products, and services. By accessing or using our platform, you agree to comply with these Terms. Please read them carefully before proceeding.

Any new features or tools which are added to the current website and studio shall also be subject to the Terms of Service. You can review 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 to our website. It is your responsibility to check this page periodically 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 Wix. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

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Acceptance of Terms

By accessing or using our website, products, and services, you agree to comply with and be bound by the following terms and conditions. If you do not agree with any part of these terms, please refrain from using our platform.

1. Agreement to Terms

1.1 Effective Date: These Terms of Service are effective as of [Date].

1.2 Your Acceptance: By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our services.

2. Changes to Terms

2.1 Modification Rights: We reserve the right to modify, revise, or update these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by them.

2.2 Notification of Changes: We may notify you of significant changes through email or by prominently posting a notice on our website.

3. User Responsibility

3.1 Legal Capacity: You represent that you are of legal age to form a binding contract and are not barred from using our services under applicable laws.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately if you become aware of any unauthorized use of your account.

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Services and Product Information

1.1 Accuracy: We make every effort to ensure that product descriptions, images, and prices are accurate. However, we do not warrant that the information is error-free, complete, or current. In the event of an error, we reserve the right to correct it and revise your order accordingly.

1.2 Availability: All services and products are subject to availability. We reserve the right to discontinue or modify service and product offerings at any time without prior notice.

2. Orders and Payments

2.1 Order Acceptance: Your placement of an order constitutes an offer to purchase. We may accept or decline your order for any reason, including without limitation, the unavailability of products, errors in pricing or product information, or issues with payment.

2.2 Payment Methods: Payment must be received in full before your order is processed and shipped (when applicable).

3. Pricing

3.1 Prices: Prices for products are as listed on the website and are subject to change without notice.

4. Shipping and Delivery

4.1 Shipping Fees: Shipping fees are calculated based on the shipping method selected, the delivery address, and the weight of the items in your order.

4.2 Delivery Times: Estimated delivery times are provided for your convenience. However, we do not guarantee specific delivery dates.

5. Refunds

5.1 Refunds: Refunds will be issued in accordance with our Refund Policy.

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User Eligibility

1. Age Requirement

1.1 You must be at least 18 years old to use our services. By accessing or using our platform, you affirm that you meet the minimum age requirement.

1.2 Parental Consent: If you are under the age of [18], you may only use our services with the consent and supervision of a parent or legal guardian.

2. Legal Capacity

2.1 Contractual Capacity: You represent and warrant that you have the legal capacity to enter into a binding contract and abide by these Terms of Service.

2.2 No Barred Users: You are not barred from using our services under applicable laws or by any relevant authorities.

3. Compliance with Laws

3.1 Local Laws: You agree to comply with all applicable local, state, national, and international laws and regulations when using our services.

3.2 Restricted Jurisdictions: If you are located in a jurisdiction where access to our services is prohibited, you may not use our platform.

5. Compliance Verification

5.1 Verification Right: We reserve the right to verify your eligibility at any time. Failure to provide requested information for verification may result in the suspension or termination of your account.

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Use of Our Services

You agree to use our services for lawful purposes and in accordance with these Terms. Any violation may result in the suspension or termination of your account.

1. Acceptance of Terms

1.1 Agreement: Your use of our services constitutes your agreement to these Terms of Service. If you do not agree with any part of these terms, please refrain from using our platform.

1.2 Updates: We reserve the right to update, modify, or replace these Terms at any time. Continued use of our services after such changes constitutes acceptance of the revised Terms.

2. Permitted Use

2.1 Personal Use: You may use our services for personal, non-commercial purposes in accordance with these Terms.

2.2 Compliance: You agree to comply with all applicable laws and regulations while using our services.

3. User Accounts

3.1 Account Creation: Some features may require you to create an account. You are responsible for maintaining the confidentiality of your account information.

3.2 Account Termination: We reserve the right to terminate or suspend your account at our discretion, without notice, for any reason, including violation of these Terms.

4. Prohibited Conduct

4.1 Restricted Activities: You may not engage in any activities that violate laws, infringe on the rights of others, or interfere with the proper functioning of our platform.

4.2 Content Restrictions: You agree not to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

5. Intellectual Property

5.1 Ownership: All content, trademarks, and intellectual property on our platform are the property of [Your Company Name].

5.2 Use Restrictions: You may not reproduce, distribute, or create derivative works based on our content without explicit permission.

6. Termination

6.1 Termination by You: You may stop using our services at any time.

6.2 Termination by Us: We may terminate or suspend your access to our services at any time for violations of these Terms or other misconduct.

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Intellectual Property

1. Ownership of Content

1.1 Company Content: All content, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software on our platform, is the exclusive property of Beyond Pottery Inc.

1.2 User-Generated Content: Any content submitted or uploaded by users (e.g., reviews, comments, or contributions) remains the property of the respective user. However, by submitting content to our website, you grant Beyond Pottery Inc, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

2. Trademarks

2.1 Third-Party Trademarks: Trademarks and logos of third parties may appear on our platform. These are the property of their respective owners, and any use must comply with their terms.

3. User License

3.1 Limited License: Subject to compliance with these Terms, Beyond Pottery Inc grants you a limited, non-exclusive, revocable license to access and use our platform for personal, non-commercial purposes.

3.2 Prohibited Activities: You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without explicit written consent.

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Privacy Policy

Your use of our services is also governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your personal information.

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Modifications to Terms

We reserve the right to update, modify, or replace these Terms at any time. Continued use of our services after such changes constitutes acceptance of the revised Terms.

1. Notification of Changes

1.1 Notification Methods: We may notify you of significant changes to these Terms through our website.

1.2 Effective Date: Changes will be effective immediately upon posting unless otherwise stated. The "Last Updated" date at the top of these Terms indicates the latest revision.

2. User Responsibility

2.1 Review of Terms: It is your responsibility to regularly review these Terms for updates or changes. Your continued use of our services following the posting of any modifications constitutes acceptance of those changes.

3. Disagreement with Changes

3.1 Opt-Out Option: If you do not agree with the modified Terms, you may choose to discontinue the use of our services. Your continued use of our services after the effective date of the modifications indicates your acceptance of the updated terms.

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Termination

1. Termination by You

1.1 Voluntary Termination: You may choose to discontinue the use of our services at any time.

2. Termination by Us

2.1 Breach of Terms: We reserve the right to terminate or suspend your account immediately, without prior notice, if you violate any provision of these Terms of Service.

2.2 Illegal Activities: We may terminate your account if your use of our services involves illegal activities or violates any applicable laws.

2.3 Disruption of Services: If your actions disrupt the normal operation of our platform or compromise the security of our services, we may terminate your account.

3. Inactive Accounts

3.1 Account Inactivity: We may terminate accounts that have been inactive for an extended period. Prior notice may be provided via the email address associated with the account.

4. Effect of Termination

4.1 Account Access: Upon termination, you will lose access to your account, including any content associated with it.

4.2 Obligations: Termination does not relieve you of any obligations or liabilities incurred before termination, including but not limited to payment obligations.

Products and Services
Certain products or Services may be available exclusively online through our website. 
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 products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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Accuracy
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 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 made on our website and studio. 

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Optional Tools

1. Third-Party Tools

1.1 Integration: Our platform may provide you with access to third-party tools that we do not own or control. 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.

1.2 Usage: The use of optional tools offered through our platform is entirely at your own risk, and it is your responsibility to ensure that any third-party tools are compatible with your needs and requirements.

2. No Endorsement

2.1 No Endorsement: We do not endorse, warrant, or make any representations concerning the accuracy, completeness, reliability, or suitability of third-party tools. The inclusion of any optional tools on our platform does not imply our endorsement or recommendation.

3. User Responsibility

3.1 Review Terms: Before using any optional tools, it is your responsibility to review and understand the terms and conditions provided by the third-party tool providers.

3.2 Acceptance: Your use of optional tools is subject to your acceptance of and compliance with the terms and conditions of the third-party tool providers.

4. Modifications or Discontinuation

4.1 Tool Changes: We reserve the right to modify or discontinue optional tools at any time without notice.

4.2 Tool Liability: We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of optional tools.

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Third-Party Links

1. Links to External Websites

1.1 Third-Party Content: Our platform may contain links to third-party websites or services that are not owned or controlled by Beyond Pottery Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

1.2 Use at Your Own Risk: By clicking on any third-party link, you acknowledge and agree that your use of such links is at your own risk, and you should review the terms and privacy policies of the third-party websites.

2. No Endorsement

2.1 No Endorsement: The inclusion of any third-party links on our platform does not imply endorsement, sponsorship, or recommendation by Beyond Pottery Inc. We are not responsible for examining or evaluating the content or accuracy of third-party websites.

3. User Responsibility

3.1 Review of Terms: Before interacting with any third-party links, it is your responsibility to review and understand the terms and conditions provided by the third-party website or service.

3.2 Acceptance: Your use of third-party links is subject to your acceptance of and compliance with the terms and conditions of the third-party website or service.

4. Modifications or Removal

4.1 Link Changes: We reserve the right to modify, replace, or remove any third-party links on our platform at any time without notice.

4.2 Link Liability: We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of third-party links.

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User Comments, Feedback, and Submissions

1. User Submissions

1.1 Voluntary Submissions: You may choose to submit comments, feedback, suggestions, or other content (collectively "User Submissions") through our platform voluntarily.

1.2 Grant of License: By submitting User Submissions, you grant Beyond Pottery Inc a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

2. User Responsibility

2.1 Accuracy and Legality: You are responsible for the accuracy, legality, and appropriateness of your User Submissions. You agree not to submit any content that violates applicable laws, infringes on the rights of others, or is objectionable.

2.2 No Confidentiality: User Submissions are not confidential, and we have no obligation to treat them as such. Do not submit confidential or proprietary information through our platform.

3. Moderation and Removal

3.1 Moderation Rights: We reserve the right, but are not obligated, to monitor, edit, or remove User Submissions that we determine, in our sole discretion, violate these Terms of Service or are otherwise objectionable.

3.2 No Endorsement: The inclusion of User Submissions on our platform does not imply our endorsement or recommendation of the content, opinions, or advice expressed in such submissions.

4. Feedback

4.1 Voluntary Feedback: If you provide us with feedback regarding our platform or services, you agree that we may use such feedback for any purpose without compensation to you.

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Errors, Inaccuracies, and Omissions

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1. Information Accuracy

1.1 Best Efforts: We strive to provide accurate and up-to-date information on our pwebsite. However, we do not warrant the accuracy, completeness, or reliability of any information presented.

1.2 Errors and Omissions: Occasionally, there may be errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, availability, or other information on our platform.

2. Corrections

2.1 Right to Correct: We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.

2.2 Notification: In the event that a significant error or inaccuracy is identified, we may attempt to notify affected users through appropriate channels.

3. No Liability

3.1 No Responsibility: We do not assume any responsibility for any errors, inaccuracies, or omissions on our platform.

3.2 No Liability: We shall not be liable for any loss, damage, or inconvenience caused by reliance on information presented on our platform.

4. Changes to Information

4.1 Product and Service Changes: Product and service information, including but not limited to pricing and availability, is subject to change without notice.

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Prohibited Uses

1. Unlawful Activities

1.1 Illegal Use: You may not use our platform for any purpose that is unlawful or prohibited by applicable laws and regulations.

1.2 Violation of Rights: You may not engage in activities that infringe on the intellectual property, privacy, or other rights of others.

2. Content Restrictions

2.1 Harmful Content: You may not upload, post, or transmit any content that is harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.

2.2 Illegal Content: You may not use our services to distribute or promote illegal content, including but not limited to pirated software, malware, or any form of illegal activity.

3. Unauthorized Access

3.1 Unauthorized Access: You may not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to our platform.

3.2 Security Violations: You may not violate the security of our platform, including but not limited to attempting to interfere with the proper functioning of our services.

4. Spam and Phishing

4.1 Spam: You may not use our platform to send unsolicited emails or messages (spam) to users.

4.2 Phishing: You may not engage in phishing activities or attempt to obtain sensitive information from users through fraudulent means.

5. Impersonation

5.1 False Representation: You may not impersonate any person or entity or falsely represent your affiliation with a person or entity.

6. Violation Consequences

6.1 Account Suspension: Violation of these prohibited uses may result in the suspension or termination of your account without prior notice.

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Disclaimer of Warranties; Limitation of Liability

1. Disclaimer of Warranties

1.1 As Is Basis: Our platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the use or the results of our services in terms of their correctness, accuracy, reliability, or otherwise.

1.2 No Warranty: We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

2. Limitation of Liability

2.1 No Liability: To the fullest extent permitted by applicable law, Beyond Pottery Inc and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our platform.

• Any unauthorized access to or use of our servers and/or any personal information stored therein.

• Any interruption or cessation of transmission to or from our platform.

• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our platform.

2.2 Limitation of Liability: In no event shall our total liability to you exceed the amount paid by you, if any, for accessing or using our services during the six months preceding the date of any claim.

3. Exclusions

3.1 Jurisdiction Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

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Indemnification

1. User Indemnity

1.1 Indemnification Obligation: You agree to indemnify, defend, and hold harmless Beyond Pottery Inc and its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from:

• Your use of our platform.

• Your violation of these Terms of Service.

• Your violation of any rights of a third party.

• Any content you submit, post, or transmit through our platform.

1.2 Defense Control: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claims.

2. Notification of Claims

2.1 Prompt Notification: You agree to promptly notify us of any third-party claims, actions, or proceedings for which you believe you are required to indemnify Beyond Pottery Inc.

2.2 Cooperation: Your failure to notify us or cooperate in the defense of such claims may result in the waiver of your indemnification obligations.

3. No Waiver

3.1 No Waiver: 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.

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Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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

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

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Contact Us

If you have any questions or concerns about our Privacy Policy, please contact us at info@beyondpottery.ca.