Terms and Services

OVERVIEW

This website is operated by Olivia Muse. Throughout the site, the terms “we,” “us” and “our” refer to Olivia Muse. Olivia Muse 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 accessing and/or purchasing anything from our website, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including the additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content contributors.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms of this agreement, you may not visit the Website or use any of the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current Store will also be subject to the Terms of Use. You can view the current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or visit of the site after changes have been posted means that you accept those changes.

Our store is hosted by Shopify Inc. which provides us with a web-based e-commerce platform that allows us to sell our products and services to you.

PART 1 - TERMS AND CONDITIONS OF SERVICE FOR THE ONLINE STORE

By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us permission to allow minor family members of yours to use this site.

You may not use our products for illegal or unauthorized purposes, and you may not use the Service in violation of applicable laws in your jurisdiction (including, but not limited to, copyright laws).

You may not transmit worms or viruses or other code of a destructive nature.

Violation of these terms will result in immediate termination of your Services.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You acknowledge that your content (excluding credit card data) may be transmitted unencrypted and may involve (a) transmission over different networks; and (b) modifications to meet technical requirements of connected networks or devices. Credit card data is always transmitted over networks in encrypted form.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 permission.

The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on this website is not accurate, complete or current. The material on this website is intended for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Use of the material on this web site is at your own risk.

This web site may contain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this website at any time, but are under no obligation to update the information on this website. You agree that it is your responsibility to monitor changes on our website.

SECTION 4 - CHANGES IN SERVICE 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 discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable).

Certain products or services may only be available online through the Site. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.

We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the display of colors on your computer screen will be accurate.

We reserve the right, but have no obligation, to restrict the sale of our products or services to certain persons, geographic areas or countries. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services we offer. Any description of products or pricing of products is subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Offers of products or services on this website are void where prohibited.

We do not guarantee that the quality of any products, services, information or other material you purchase or obtain 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. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may apply to orders placed from or under the same customer account, the same credit card and/or orders with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided with the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors.

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

For more information, please read our Return Policy.

ARTICLE 7 - OPTIONAL TOOLS.

We may provide you with access to third-party tools that we do not monitor, control or influence.

You acknowledge and agree that we provide you access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for or related to your use of optional third-party tools.

Any use of optional tools offered through the Website is at your own risk and discretion and you should ensure that you are aware of and agree to the terms and conditions applicable to the tools offered by the relevant third party vendor(s).

We may also, in the future, offer new services and/or features through the Website (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 PARTY PROVIDERS.

Certain content, products and services available through our Service may contain third party material.

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 make no warranty and assume no liability for any third party materials or web sites, or for any other third party materials, products or services.

We are not responsible for damages resulting from the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please read third-party policies and practices carefully and make sure you understand them before entering into 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 you send us, at our request, certain submissions (e.g., contest entries) or creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, “Comments”), you agree that we are free to edit, copy, publish, distribute, translate and otherwise use the Comments you send us at any time and without limitation. We have no obligation to (1) keep comments confidential; (2) pay a fee for comments; or (3) respond to comments.

We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property rights of any party or these Terms of Service.

You agree that your comments do not infringe the rights of any third party, including copyrights, trademarks, privacy, personality rights or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or 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, impersonate anyone other than yourself or mislead us or third parties regarding the origin of comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Transmission of personal information through the store is subject to our Privacy Policy. Please review 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 that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order).

We have no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, unless required by law. No specified update or renewal date on the Service or on any related website should be construed as indicating that any information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES.

In addition to any other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its Content to: (a) use it for illegal purposes; (b) solicit others to participate in illegal activities; (c) violate international, federal, state or provincial regulations, rules, laws or local ordinances; (d) infringe on our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, violate, defame, denigrate, threaten 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 types of malware that may interfere or disrupt the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretend, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) 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 if you violate any of the Prohibited Uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant 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 from time to time suspend the Service indefinitely or terminate the Service at any time without notice to you.

You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and services made available to you through the Service are provided (unless expressly stated by us) “as is” and “as available” for your use, without representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Olivia Muse, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost income, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the Services or any product obtained through the Service, or for any other claim related 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 incurred as a result of using the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. 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.

ARTICLE 14 - INDEMNIFICATION.

You agree to indemnify, defend and hold Olivia Muse and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless 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 of Service or the referenced documents, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY.

In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION.

The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you cease using our Website.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also 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 accordingly, we may deny you access to our Services (or any part thereof).

ARTICLE 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 posted by us on this site or with respect to 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, all prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party making them.

ARTICLE 18 - APPLICABLE 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 Hong Kong.

ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE.

You may 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, modify or replace these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use of our website or the Service after changes to these Terms of Service are posted will constitute your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service may be sent to us at support@oliviamuse.com.