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Terms of Service

OVERVIEW

Welcome to Sophia Ottawa. The terms "we," "us," and "our" refer to Sophia Ottawa. Sophia Ottawa operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Sophia Ottawa is powered by Shopify, which enables us to provide the Services to you. You can learn more About Us on our website.

These terms and conditions, along with all policies referenced within them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given us your consent to allow any minors under your care to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing, browsing, or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide to our stores is correct, current, and complete, and that you have all the necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our stores. However, please note that colors or the appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those shown in our stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region, or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Sophia Ottawa reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until Sophia Ottawa confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before shipment, as Sophia Ottawa may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify in any way, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only, and not for resale or export for commercial purposes.

SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, order handling, customs processing, or import charges.

Prices posted on our stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, such as your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and applicable taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we deliver the products to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Sophia Ottawa, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or shall be construed as granting you any license or other right regarding patents, trademarks, copyrights, or any other form of intellectual property of Sophia Ottawa, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Sophia Ottawa reserves all rights not expressly granted herein.

Sophia Ottawa's names, logos, product and service names, designs, and slogans are trademarks of Sophia Ottawa, its affiliates, or licensors. You may not use such trademarks without Sophia Ottawa's prior written consent. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be given access to third-party tools over which we do not exercise oversight, control, or collaboration.

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. We will have no liability arising from your use of optional third-party tools.

Any use by you of optional tools offered through the site is 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 third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor do we warrant the accuracy of, any third-party materials or websites you may choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]

Sophia Ottawa is powered by Shopify, which enables us to provide the Services. However, any sale or purchase you make in our store is made directly with Sophia Ottawa. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Sophia Ottawa, including injuries, damages, or losses caused by the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Sophia Ottawa.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. To provide services to you, information you submit to the Services will be transmitted to Shopify and to third parties who may be located in countries where you do not reside, and will be shared with them. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

SECTION 11: FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all rights necessary to provide the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) keep any Feedback confidential; (2) provide compensation for any Feedback; or (3) respond to any Feedback.

We may, without any obligation to do so, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We are not responsible, and assume no liability, for any Feedback posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, provincial, or state regulation, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, or knowingly receive, upload, download, use, or reuse any material that does not conform to these Terms; (g) to transmit or procure the sending of any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Sophia Ottawa, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof), at our sole discretion, at any time without notice, and you may remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information made available on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your reliance, or that of any visitor to the Services, or anyone who may be informed of its content, on such materials.

UNLESS OTHERWISE EXPRESSLY STATED BY SOPHIA OTTAWA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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 OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOPHIA OTTAWA, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, 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 OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sophia Ottawa, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent that you have been materially prejudiced as a result. We may control the defense and settlement of any such claim at your expense, including choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate with us in the defense of any claim subject to indemnification, including by providing relevant documents.

SECTION 18: SEVERABILITY

If 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 severed from these Terms of Service; such determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 19: WAIVER; 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 Services constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21: 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 the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You and Sophia Ottawa each submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

SECTION 22: HEADINGS

Section headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES 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, 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. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@sophiaottawa.com or via our Contact page.