Terms Of Service

 

Effective Date: August 1, 2023

 

These Terms of Service ("Terms") govern your use of the TopHat Beard Co website ("Website") and the purchase of products ("Products") from TopHat Beard Co ("we" or "us"). By accessing the Website or purchasing Products from us, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website or purchasing our Products.

 

1. Use of the Website

1.1 Eligibility: You must be at least 18 years old to use the Website and purchase our Products. By using the Website, you represent and warrant that you are at least 18 years old.

 1.2 Account Registration: You may need to create an account to access certain features of the Website. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

1.3 Prohibited Conduct: You agree not to:

(a) Use the Website for any unlawful purpose or in violation of these Terms;

(b) Interfere with or disrupt the Website or servers or networks connected to the Website;

(c) Engage in any unauthorized use, copying, or distribution of any content on the Website;

(d) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;

(e) Collect or store personal information of other users without their consent;

(f) Use automated scripts to collect information from or otherwise interact with the Website;

(g) Upload or transmit viruses, malware, or any other malicious code that may harm the Website or other users.

2. Product Orders and Sales

 2.1 Product Descriptions: We strive to provide accurate and up-to-date information regarding our Products. However, we do not warrant that the descriptions or representations on the Website are error-free, complete, or current.

 2.2 Pricing and Payments: All prices displayed on the Website are in Canadian dollars unless stated otherwise. We reserve the right to modify the prices of our Products at any time without prior notice. Payments for Products are processed through secure third-party payment processors. You agree to provide accurate payment information and authorize us to charge the specified amount for your purchase.

 2.3 Order Acceptance: Your order constitutes an offer to purchase our Products. We reserve the right to accept or decline your order in our sole discretion. If we are unable to fulfill your order, we will notify you and refund any payment received.

2.4 Shipping and Delivery: We will make reasonable efforts to deliver the ordered Products within the estimated timeframe. However, delivery times may vary depending on various factors beyond our control. We are not responsible for any delays or damages caused during shipping.

3. Intellectual Property

3.1 Ownership: The Website and all its contents, including text, graphics, logos, images, and software, are owned by or licensed to us and are protected by intellectual property laws. You agree not to use, copy, distribute, or modify any content from the Website without our prior written consent.

3.2 Trademarks: "TopHat Beard Co" and our logo are trademarks owned by us. You agree not to use our trademarks or any confusingly similar marks without our prior written permission.

4. Limitation of Liability 

4.1 Disclaimer: THE WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4.2 Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PURCHASE OF PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS.

5. Indemnification

You agree to defend, indemnify, and hold harmless TopHat Beard Co and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Website, violation of these Terms, or infringement of any intellectual property or other rights of any third party.

6. Termination 

We reserve the right to suspend or terminate your access to the Website or your account, in whole or in part, at any time and without notice, for any reason or no reason. Upon termination, these Terms will survive with respect to your obligations and our rights.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Canada, excluding its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Website shall be exclusively resolved by the courts located in the city of St. Catharines, in the Province of Ontario.

8. Changes to the Terms

We may modify these Terms at any time by posting the revised version on the Website. Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes.
 

9. Contact Us

 If you have any questions or concerns regarding these Terms, please contact us at:

TopHat Beard Co
St. Catharines, Ontario, Canada

info@tophatbeardco.com