Terms of service

OVERVIEW
Welcome to Snuggle Crate! The terms “we”, “us” and “our” refer to Snuggle Crate. Snuggle Crate operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Snuggle Crate is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made reasonable efforts to display and describe our products and services accurately. However, colors, textures, and product appearance may vary due to device displays, settings, lighting conditions, or other factors beyond our control.

Snuggle Crate does not warrant that the appearance or quality of any product or service will meet your expectations or precisely match the images displayed in our online store.

All descriptions, specifications, pricing, and availability of products are subject to change without notice. We reserve the right to discontinue any product, limit quantities, or restrict sales to any person, geographic region, or jurisdiction at our sole discretion.

SECTION 3 - ORDERS 

When you place an order, you are submitting an offer to purchase products or services from Snuggle Crate. Snuggle Crate reserves the right, in its sole discretion, to accept, reject, or cancel any order for any reason.

Orders are not accepted until payment has been received and processed and an order confirmation has been issued. You are responsible for reviewing your order before submission. Once accepted, orders may not be cancelled or modified, particularly where personalized or custom products are involved.

If an order is cancelled or modified by Snuggle Crate, we will make reasonable efforts to notify you using the contact information provided at the time of purchase.

All purchases are subject to our Return & Refund Policy.

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

SECTION 4 - PRICES 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 your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that 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 all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Snuggle Crate, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Snuggle Crate, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Snuggle Crate.
Snuggle Crate’s names, logos, product and service names, designs, and slogans are trademarks of Snuggle Crate or its affiliates or licensors. You must not use such trademarks without the prior written permission of Snuggle Crate. 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 the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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 and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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 on which tools are provided by the relevant third-party provider(s).
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 deemed part of the Services and are 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 the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these 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 of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Snuggle Crate is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Snuggle Crate. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Snuggle Crate, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Snuggle Crate.

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 by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information. 

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, 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 for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or 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 right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, 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, pretend to be someone other than yourself, 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 take no responsibility 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 or in the Services that contain 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 solely for lawful purposes. You agree not to use the Services, directly or indirectly, for any unlawful, harmful, fraudulent, or malicious purpose, including but not limited to violating applicable laws or regulations; infringing intellectual property rights; harassing, abusing, defaming, or harming others; transmitting false or misleading information; sending unauthorized promotional communications; impersonating any person or entity; or engaging in conduct that interferes with the operation or security of the Services or the use and enjoyment of the Services by others.

You further agree not to introduce viruses or malicious code, reproduce or exploit any portion of the Services without authorization, collect personal information of others without consent, engage in scraping or automated data collection, or attempt to bypass any security measures.

Snuggle Crate reserves the right to suspend, disable, or terminate your access to the Services at any time, without notice, for any violation of these Terms.

SECTION 14 - TERMINATION 

Snuggle Crate reserves the right to terminate this Agreement or suspend or terminate your access to the Services, in whole or in part, at any time, in its sole discretion, without notice. You will remain liable for all obligations and amounts incurred up to and including the date of termination. All provisions which by their nature should survive termination shall survive, including without limitation: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and Privacy Policy.

SECTION 15 - DISCLAIMER OF WARRANTIES

All information provided on or through the Services is made available for general informational purposes only. Snuggle Crate makes no warranties or representations regarding the accuracy, completeness, or usefulness of such information, and any reliance placed on it is strictly at your own risk.

Except as expressly stated by Snuggle Crate, the Services and all products offered through the Services are provided “as is” and “as available”, without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Snuggle Crate does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Certain jurisdictions do not allow the exclusion or limitation of implied warranties or conditions, and therefore some of the above disclaimers may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY 

To the fullest extent permitted by law, Snuggle Crate, its partners, directors, officers, employees, affiliates, agents, contractors, licensors, service providers, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, special, punitive, or consequential damages of any kind, including without limitation lost profits, lost revenue, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or related to your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.

In no event shall Snuggle Crate’s total liability exceed the amount paid by you for the product giving rise to the claim.

SECTION 17 - INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Snuggle Crate, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

(a) Your breach of these Terms of Service or any documents incorporated herein
(b) Your violation of any law or the rights of any third party
(c) Your access to or use of the Services

Snuggle Crate will provide notice of any indemnifiable claim where practicable. Failure to provide prompt notice shall not relieve you of your obligations unless materially prejudicial. Snuggle Crate may assume exclusive control of the defense and settlement of any such claim at your expense and may select counsel of its choosing. No settlement imposing non-monetary obligations on you shall be entered without your consent, which shall not be unreasonably withheld. You agree to cooperate fully in the defense of any claim.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and shall be severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

No failure or delay by Snuggle Crate in exercising any right or enforcing any provision of these Terms of Service shall constitute a waiver of such right or provision.

These Terms of Service, together with any policies, guidelines, or operating rules posted by Snuggle Crate, constitute the entire agreement between you and Snuggle Crate regarding your use of the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.

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

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate this Agreement, in whole or in part, without the prior written consent of Snuggle Crate, and any attempted assignment in violation of this section shall be void. Snuggle Crate may assign, transfer, or delegate these Terms of Service and its rights and obligations hereunder at any time, without restriction or notice.

SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Canada and the Province of British Columbia. Any disputes arising from these Terms or your use of our services shall be subject to the courts of British Columbia, Canada.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service at any time. The most current version will be posted on this page. Changes will be effective immediately upon posting unless otherwise required by applicable law. Where legally required, we will provide notice of material changes. By continuing to access or use our website or services after any changes are posted, you agree to be bound by the revised Terms of Service.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@snugglecrate.ca