Terms & Conditions.
These general terms and conditions (the “Terms and Conditions”) govern your use of the website http://www.madebyarealwitch.com/ (the “Website”) and the products (the “Products”) and services (the “Services”) offered on the Website. The Website is owned and operated by Ashley Wong, a sole proprietorship and owner of the registered trademark “Made By A Real Witch”. You acknowledge that you have read these Terms and Conditions and by using the Website and accessing the Products and Services you agree to be bound by them. If you do not agree to abide by these Terms and Conditions, you are not authorized to use the Website, or access our Products and Services.
The Services and Products mentioned on the Website are not intended to diagnose, treat, cure, or prevent illnesses, disease or have an impact on your social, medical, physical, mental well-being or health. The Products and Services are made for educational, spiritual, and entertainment purposes only and do not replace the advice of a qualified doctor, health care practitioner, financial advisor or other professional in their appropriate line of work.
You must be at least eighteen (18) years of age to use the Website and to access the Products and Services. By using the Website and agreeing to be bound by these Terms and Conditions, you warrant and represent that you are at least 18 years of age. We reserve the right to require proof of age identification prior to you accessing the Website and before we provide Products and Services to you. Providing false contact information or proof of age documentation of any kind will result in the termination of your account. We may suspend, disable, or delete your account if we determine that you have violated these Terms and Conditions, that your conduct or access to the Website, Products, and Services would tend damage our reputation and goodwill, or your account is for a Prohibited Use (as defined below). If we delete your account or block your access to the Website, you will not be able to use access our Products and Services. We will also block your email address and IP address to prevent further registration. We also reserve the right to decline to provide any Products or Services to any person for any reason whatsoever at any time, in our absolute discretion.
You are prohibited from using the Website and accessing the Products and Services (the “Prohibited Uses”) for: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, local and municipal laws, regulations, rules, bylaws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or other prohibited ground; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious content that will or may be used in any way that will affect the functionality or operation of the Website and our delivery of the Products and Services; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) for political, social or religious purposes; or (k) to interfere with or circumvent the security features of the Website or access to its Products and Services. We reserve the right to terminate your use of the Website and from prohibiting your access to the Products and Services for engaging any of the Prohibited Uses.
You shall pay all fees or charges to your account in effect at the time a fee or charge is due and payable, and before the Products are sent to you and/or before the Services are provided. We may, in our sole discretion, limit, change or cancel orders for Products and Services made through the Website. In the event that we make a change to, or cancel, an order, we will notify you by using the preferred method of communication that you provided to us at the time the order was made. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please see our Internet and Privacy Policy that explains how we collect, secure, and protect your personal information in accordance with applicable federal and provincial privacy laws.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or about the Products and Services we provide is inaccurate at any time. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by applicable law. No specified update or refresh date on the Website should be taken to indicate that all information on the Website, or information about the Products and Services, has been modified or updated.
If you decide to access or use 3rd party resources through our Website please be advised that your access and use of such other third party resources are governed solely by the terms and conditions of such other 3rd party providers, and we do not endorse, are not responsible or liable for, and make no warranties and representations as to any aspect of such other 3rd party resources, including, without limitation, the manner in which they handle and protect your data and personal information. You hereby waive any claim against us with respect to such 3rd party resource providers. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other 3rd party resources, or your reliance on their privacy practices, data security processes or other policies.
You agree that such Services and Products is provided on an “as is”, “where is”, “as available” and “buyer beware” basis and that your use of the Website and access to the Products and Services is solely at your own risk. You understand and agree that any material or data obtained through the Website and the use of the Products and Services is done solely at your own discretion and risk, and that you will be solely responsible for any and all damages that result from your use of the Products and Services. We expressly disclaim all warranties and representations of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, by common law, contract, statute, equity or otherwise. We make no warranty or representation that the Products or Services will meet your requirements and do not make any warranties or representations as to the results that may be obtained from the use of the Products or Services or as to the accuracy or reliability of any information obtained through the Products or Services. Please see our Refunds and Returns Policy that indicates and explains the limited circumstances in which refunds are available for Products and Services.
To the fullest extent permitted by applicable law, in no event shall we or our directors, officers, employees, agents, or suppliers be liable to any person for any general, direct, indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the possibility of such damages was reasonably foreseeable, in any way related to the use of our Products and Services. To the maximum extent permitted by applicable law, the aggregate liability of our liability and our directors, officers, employees, agents, suppliers and licensors relating to the Products and Services will be limited to the amounts actually paid in cash by you to us for the one-month period prior to the event or occurrence giving rise to such liability.
All rights and restrictions contained in these Terms and Conditions may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render the remainder of these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
These Terms and Conditions, and the purchase and sale of any Products or Services pursuant to the Website shall be governed by the laws of the Province of Saskatchewan and the Federal laws applicable therein. The parties to these Terms and Conditions irrevocably attorn the jurisdiction of the Courts of the Province of Saskatchewan without reference to conflicts of laws principles, in relation to the Website, these Terms and Conditions, and to the purchase and sale of any Products or Services.
We reserve the right to modify these Terms and Conditions at any time in our absolute discretion. An updated version of these Terms and Conditions will be effective immediately upon their posting on our Website. Your continued use of the Website and your access and use of the Products and Services after the effective date will constitute your continued and ongoing consent to the revised Terms and Condition.
The legal principle of “contra proferentum” shall not apply to these Terms and Condition and any ambiguities in the drafting and interpretation shall not be construed against the drafting party.
If you are not okay with any part of these Terms and Conditions, please do not place an order or access our Products and Services.
If you have any questions, concerns, or complaints regarding these Terms and Conditions, we encourage you to contact us using the details below: Ashley Wong
MadeByARealWitch@outlook.comThese Terms and Condition were last updated on April 24, 2022.
