Terms & Conditions

These terms & conditions may change

We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of thejazzyowln.com following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website. These Terms of Service form an agreement between the Company (“us”, “we”, “our”) and you. The term "you" refers to the person or entity browsing, accessing, ordering, purchasing or otherwise using the Site (“use” or “using” in these Terms of Service will mean any of the foregoing).

BY USING THE SITE, YOU:
represent and warrant that:

• you have reached the age of majority in your jurisdiction,
• you have the capacity to enter into binding obligations, and
• all information supplied by you to us through the site is true, accurate, current, and complete; and

b) agree to be bound by and comply with these terms of service, as updated from time to time. If you are using the site on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these terms of service.

As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms of Service will not apply to the extent prohibited by applicable law. The laws of some jurisdictions, such as Quebec, do not allow the exclusion or limitation of legal warranties and representations made concerning goods and services (including exclusions or limitations relating to products that are faulty or not as described, or of incidental or consequential damages or other rights). For a full description of your legal rights, you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms of Service will affect those legal rights.

1. Ownership of the Site and its Content:

Unless otherwise indicated, material on this website, including but not limited to texts, images, illustrations, software, audio clips, video clips, animation files and all other international copyright therein (intellectual Property), are owned the Company, Our Licensors and some other third parties. Consequently, the material on this website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole or in part in any form whatsoever, without the prior written consent of the Company. All rights not expressly granted to you in these Terms of Service are reserved.

2. Limitations of Liability:

We shall not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. in no event will the Company nor their respective officers, employees, affiliates, agents, successors, assigns, manufacturing partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. the foregoing limitations of liability do not apply to the extent prohibited by law. In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. in the event of any problem with the products or services that you have purchased on or through this web site, you agree that your remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site. To the maximum extent permitted, by applicable law, in no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we were advised of the possibility of such damages, resulting from or related to these terms of service, the site or the products.  We disclaim all liability of any kind of our licensors and suppliers. To the extent that the foregoing limitation is not permitted by applicable law, in no event will our total aggregate liability in connection with or under these terms of service, or your use of, or inability to make use of, the site exceed $10 cad. For greater certainty, the existence of one or more claims under these terms of service will not increase this maximum liability amount. This site may include inaccuracies, mistakes or typographical errors.

The Company does not warrant that the content will be uninterrupted or error free. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Site. Please refer to your local laws for any such prohibitions.

3. Data & User Account on the website:

You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Site (the “User Data”) to: (i) develop and enhance the Site; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind. You may be required to successfully sign up for a user account and be issued login credentials that is made up of your email address and chosen password (the “Login Credentials”). If you are issued with Login Credentials, you will keep your Login Credentials secure and will not share your Login Credentials with anyone else. We reserve the right to disable any Login Credentials issued to you at any time in our sole discretion. If we disable access to a Login Credentials issued to you, you may be prevented from using certain functions of the Site.

4. Products, Content and Specifications:

All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. I make all reasonable efforts to accurately display the attributes of my products, including the applicable colors; however, the actual color you see will depend on your computer system and I cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state and international laws in regard to the possession, use and sale of any item purchased from this website.

5. No Unlawful Use:
By placing an order, you represent that the products ordered will be used only in a lawful manner. Without limiting the generality of the foregoing, you will not (and will not attempt to) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Site (including any developer community forums) any data, information, pictures, videos, music or other materials or content that:

• you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;
• is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
• is harmful to minors in any way or targeted at minors;

6. Terms of Sale:

• Payment. By using a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use your payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. 
• Availability and Pricing. All products offered on the Site (the “Products”) are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Prices of the Products are displayed in CAD or USD.  Further, prices for the Products are subject to change at any time, but changes will not affect any order for the Products you have already placed.  If the Products are unavailable, we may still accept your order.  However, we will not ship the Products to you until the Products are available for us to fulfill your order, at which time, we will charge you for the Products based on your payment method of choice as described in Section 8(a).  Before we ship you the Products, you may cancel your order and you will not be charged. We also reserve the right to cancel your order for any reason at any time prior to shipping you the Products.
• Duties & Sale Tax. : You are responsible for duties and taxes outside Canada. All items entering a foreign country are subject to customs inspection and assessment of the duties and taxes in accordance with that country’s national laws. Depending on the order, we calculate and charges sales tax in accordance with applicable laws.

7. Shipping & Delivery:
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Title Transfer.
 Title for the Products purchased from the Site passes to the purchaser at the time of delivery by us to the freight carrier, and we will not be responsible for any Product loss or damage that occurs when the Product is in transit to you.

9. Your Account

• You are responsible for maintaining the confidentiality of your account and password information, and you agree to accept responsibility for all activities that occur under your account and password. This website and the Company reserve the right to refuse service, terminate accounts remove or edit content or cancel orders.
• By placing an order, you warrant that you are over 18 years of age, and that you are providing the Company with accurate, truthful information and that you have the authority to place the order.

10. Disclaimers

You acknowledge, understand, and agree that the site is provided “as is” and “as available”, with all faults and without warranties or conditions of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the site whether express, implied, statutory or collateral, including, without limitation, the warranties and conditions of merchantability, merchantable quality, compatibility, title, security, reliability, completeness, quiet enjoyment, accuracy, reliability, currency, timeliness, quality, integration, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the site is or will be error-free or will operate without interruption. 

11. Indemnification:
You take full responsibility to indemnify, defend and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: 

• our breach of any provision of these Terms of Service or any documents referenced herein;
• your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); or
• guidelines provided by us to you.your use of the Products in a manner that such Products are not designed for or intended to be used, as described in these Terms of Service and in any instructions or

General Provisions:

• Entire Agreement. These Terms of Service constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Choice of Law. These Terms of Sale are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.  Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to these Terms of Service by contacting us.
• Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Service must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
•  Electronic Communications.  You are communicating with us electronically when you use the Site or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order on the Site, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails using the opt-out link in the emails. 
• Force Majeure.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that are caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Notifications. We may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your most recent order, sending mail to the address associated with your most recent order, or posting of such notice on the Site. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.
• English Language. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglaise