Terms & Conditions

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This website is operated by Sarah Mariani O/A Something Sweet by Sarah and all references to “Something Sweet by Sarah”, "we", "us" and "our" shall be interpreted as such. In addition, “User”, “Client”, “you” or “your” refers to any client, purchaser, or user of this website, services and/or products.

 

APPLICATION/ACCEPTANCE OF TERMS TO WEBSITE AND CONTENT

These Terms and conditions (“Terms") shall govern your access to and use of www.somethingsweetbysarah.com (the “Website”) and its content, which may be revised or modified by us from time to time without notice. "Content" means [insert content details], or any other materials provided by us to you, online articles, social media posts, testimonials, promotional posts of our products or services, or other materials created by us that are provided to you through our Website or otherwise for your educational and informational purposes.

By accessing and using the Website, you agree to be legally bound by these Terms, our privacy policy (“Privacy Policy”), which can be found [INSERT HYPERLINK HERE TO PRIVACY POLICY], and our allergen disclaimer, (available here: INSERT HYPERLINK HERETO DISCLAIMER)  If you do not agree to these Terms or our Privacy Policy, you must immediately cease accessing, browsing and/or using the Website.

 

1. AT LEAST 18 YEARS OLD

 

By using our website, you represent and warrant that you are at least 18 years old and agree to be bound by these Terms. Your access or use of our website serves as confirmation of your agreement to these Terms. Any registration, purchasing, use, or access to our website by anyone under 18 years of age is unauthorized and violates these Terms.

 

1.  CHANGES TO THE TERMS AND WEBSITE

 

We reserve the right to change or discontinue any aspect of our website, and offerings such as our products, services, subscriptions, and content connected to our Website. It is your responsibility to regularly review these Terms to ensure that you understand the Terms governing your use of the Website. Your continued use of the Website following any changes to these Terms constitutes your acceptance of those changes. If you do not agree with the modifications to these Terms, you must immediately cease using the Website.

 

 

1.  INTELLECTUAL PROPERTY FOR WEBISTE AND CONTENT

 

Our website, and content are our property, and are protected by copyright, trademark, and other intellectual property laws. The Website, Content, Products and Services, is solely owned by, or licensed to us, unless expressly indicated otherwise. Reproduction of our Website, Content, Products and Services is prohibited other than in accordance with the copyright notice, which forms part of these Terms.

 

You may not copy, duplicate, distribute, sell, reproduce, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites, Content or products and services (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose or in any way that earns you or another person(s), business and/or legal entity money, except with our express written permission or as permitted by applicable laws.

 

You may display, copy and download Content from the Website solely for your personal and non-commercial use provided that:

 

(a) you do not remove any copyright or proprietary notice from the Website and Content;

(b) such Content or our Website will not be copied or posted on any networked computer or published in any medium;

(c) no modifications are made to such Content or our Website;

(d) you cannot share or sell any part of our Website and Content to another person or business, so they can copy, reproduce, sell or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Website and Content;

(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Website and Content for publication or compilation into your own services and resources for your own personal, business or commercial use or in any way that earns you or another person(s), business and/or legal entity money or for valuable consideration;

(f) You will not use our Website and Content in a manner that constitutes an infringement of our rights or that we have not first approved in writing; and

(g) You may not engage in Improper and/or Unauthorized Use of our Website and Content or any other information related to our Website and Content.

Our trademarks, taglines, colour scheme, and logos are owned or licenced by us. Unauthorised use such as framing, meta tags, or other text is prohibited, unless we provide you our written consent to use trademark titles or information bearing the trademark symbols (™) or (®). All other rights are reserved by us. All trademarks reproduced on our Website, of which we do not own or hold a licence, are acknowledged on our Website.

 

4. CONFIDENTIALITY

Our Privacy Policy forms part of these Terms and may be found here: [INSERT HYPERLINK TO PRIVACY POLICY]. Information collected during transactions is subject to our Privacy Policy. We collect information such as your name, email address, and payment details to process transactions and improve our services. We may share your information with third parties only as described in our Privacy Policy.

We implement reasonable security measures to protect your personal information. However, no system is impenetrable, and we cannot guarantee the security of our systems completely. You agree to provide accurate and current information and to update such information as necessary.

 

5. ORDER PROCESS AND PRICING

Orders can be placed through our Website. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion.

All prices are listed in Canadian Dollars. Full payment through our third-party payment processing system is required before orders are processed. Prices may change at any time without notice.

Once an order is placed, it cannot be canceled or modified.

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6. PAYMENT PERMISSION

 

You authorize us to automatically charge your credit card for the products and services you checked out and/or agreed to when submitting to us your order.

 

7. REFUND/CHARGEBACK THREATS, PAYMENT REVERSALS & CANCELLATIONS

 

We have a strict no refund policy. Once an order is placed, it cannot be canceled or modified. No refunds will be provided for any of our products or services for any reason. Additionally, once payment has been made, changes to existing orders will not be allowed.

 

You agree that any type of chargeback, payment cancellation, or claim from your payment service constitutes a breach of these Terms. If we receive a chargeback threat, we reserve the right to report the incident to credit reporting agencies or any other entity for inclusion in any chargeback database, which could adversely affect your credit score. Chargeback abusers must make the payment for the amount of the chargeback to be removed from the database.

 

8.  SHARING INFORMATION WITH PAYMENT PROCESSING COMPANY

All information collected during your purchase or transaction of our products, services or materials (e.g. name, address, method of payment, credit card number, and billing information) is collected by us and our third-party payment processing company. We have no responsibility or liability for the privacy and data collection practices and policies of payment processing companies and merchants. Purchases may be subject to additional terms and conditions of the payment processing company, merchant, or us. You release us, our payment processing company, and merchants from any damages incurred from your purchase or use of our products, services or materials.

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9. DISCLAIMERS

 

(a) Personal Responsibility and Assumption of Risk Disclaimer : You agree that you are using your own judgement in using our Website and you agree that you are doing so at your own risk. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our website.

 

(b) Warranties Disclaimer: We make no warranties as to our Website, Content, and any other materials. You agree that our Website, Content, and any other materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website, Content, and any other materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free from viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website, Content, Systems or materials or copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

 

(c) Technology Disclaimer:. We cannot guarantee uninterrupted access to our Website, Content, or systems as occasional suspensions or restrictions may be necessary for repairs, maintenance, or updates. We are not liable for any damages or refunds should access become unavailable or slow due to system backups, Internet traffic, upgrades, overloads, network failures, or other causes.

 

10. FORCE MAJEURE

 

We shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, strikes, labor disputes, governmental regulations or orders, embargoes, power outages, internet or telecommunications failures, or any other event that is unforeseeable and unavoidable.

In the event of a force majeure occurrence, Something Sweet by Sarah will notify you as soon as practicable, specifying the nature and extent of the force majeure circumstances. The time for performance of the affected obligations shall be extended for the duration of the force majeure event.

If the force majeure event continues for a period exceeding thirty (30) days, either party shall have the right to terminate this Agreement upon written notice to the other party, without any liability, except for payment obligations for services already rendered or costs incurred prior to the force majeure event.

 

11. THIRD PARTY LINKS

 

 We may, from time to time, provide links and pointers to other websites maintained by third parties, including our systems, that may take you outside of our Website. These links are provided for your convenience, and their inclusion on our Website does not imply our endorsement, sponsorship, or approval of those websites or their owners.

Something Sweet by Sarah is an independent service provider and is not connected with, endorsed by, or sponsored by any third-party platform or service. When we use third-party platforms, it is to help us deliver our services, and it does not imply endorsement by those platforms. Our services may require you to use third-party platforms, each with its own rules, which you are responsible for reading and following. You use these platforms at your own risk and agree to hold us harmless from any problems or costs that arise.

We assume no responsibility for errors or omissions on third-party websites and accept no liability for any loss, damage, or issues that may result from your use of them. We have no control over the content or functionality of those websites and do not guarantee their accuracy, completeness, or usefulness. You are responsible for complying with the terms of use and privacy policies of any third-party vendors, websites, or service providers.

This disclaimer remains effective even after our Agreement ends. You acknowledge and agree that we have no control over third-party platforms, which may change their rules and business practices at any time.

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12. INDEMNIFICATION

 

You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor client basis, arising out of or related to your use of our Website, Content, Product and Services, and materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us, to the full extent permitted by applicable law.

 

13. LIMITATION OF LIABILITY

 

We will not be held responsible or liable in any way for the information, products, services or materials that you request on our Website. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Website, or in any way. In the event that you use our Website or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.

 

14. RELEASE OF CLAIMS

 

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages arising from any use of or reliance on our Website, Content, Products, and Services. You hereby release us from any and all such claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.

 

15. YOUR CONDUCT

 

You hereby agree that you will not use our Website, Content and materials in any way that causes or is likely to cause our Website, Content and materials or access to them either to be interrupted, damaged, or impaired. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.

You must use the Website, Content, products and services and materials for lawful purposes only.

 

16. COMMUNICATION GUIDELINES

 

If you have a question or concern about our Products and Services, you may contact us by email at the email address provided on the last page of these Terms and we will do our best to reply to your question or concern.

 

17. DISPUTE RESOLUTION

 

It is our hope to resolve any differences or disputes amicably. In the event this is not possible, we agree to binding arbitration before a single arbitrator in Ontario. The only remedy awarded through arbitration is a full refund of payments made. No other damages may be granted. The party seeking arbitration must pay the arbitrator's fees and said fees are not recoverable. The decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction. The statute of limitations for arbitration is one year from the date of the email referenced above. The arbitration must take place in Toronto, Ontario and the winning party is entitled to reasonable lawyer's fees and costs to enforce the decision. In the event of a dispute, we agree not to engage in any conduct or communications designed to disparage us, our company, or any of our products, services or materials, except where requested by law or arbitration.

18. GOVERNING LAW

 

These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada.

 

19. SURVIVAL

 

The Terms, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy, will survive the termination of our agreement by either you or by us.

 

20. ENTIRE AGREEMENT

 

The Terms, together with any policies, agreements, schedules, and credit card authorizations ancillary to them, collectively constitute the 'Entire Agreement.' These Terms supersede all prior representations, arrangements, negotiations, understandings, and agreements between you and us, whether written or oral, related to the Website, and establish the complete and exclusive agreement and understanding between the parties. Furthermore, neither party has relied on any representation, arrangement, understanding, or agreement not expressly set forth or referred to in these Terms.

 

21. SEVERABILITY

 

If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.

 

 

22. CONTACTING US

 

If you have any questions about any provisions in these Terms, please contact us at somethingsweetbysarah@gmail.com.