This website is operated by Lady King & The Aces. Throughout the site, the terms “we”, “us”
and “our” refer to Lady King & The Aces. Lady King & The Aces offers this website, including all
information, tools and Services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated
here.
By visiting
our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read
these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any Services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new
features or tools which are added to the current store shall also be subject 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 to update, change or
replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Our store
is hosted on Shopify Inc. They provide us with the online e-commerce platform
that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are 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 this site.
You may not
use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must
not transmit any worms or viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve
the right to refuse Service to anyone for any reason at any time.
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.
You agree
not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the
website through which the Service is provided, without express written
permission by us.
The
headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not
responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site
may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for
our products are subject to change without notice.
We reserve
the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall
not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to
return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have
made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve
the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of
any products or Services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any offer
for any product or Service made on this site is void where prohibited.
We do not
warrant that the quality of any products, Services, information, or other
material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve
the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree
to provide current, complete and accurate purchase and account information for
all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more
details, please review our Refund Policy:
SECTION 7 - OPTIONAL TOOLS
We may
provide you with access to third-party tools over 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 Services and/or features through the website
(including the release of new tools and resources). Such new features and/or
Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain
content, products and Services available via our Service may include materials
from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or Services of third-parties.
We are not
liable for any harm or damages related to the purchase or use of goods,
Services, resources, content, or any other transactions made in connection with
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 should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our
request, you send certain specific submissions (for example contest entries) or
without a request from us, you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content 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 comments 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 comments 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 Service or
any related website. You may not use a false e‑mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by our Privacy
Policy, which can be viewed here:
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In addition
to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local 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, or
disability; (f) to submit false or misleading information; (g) to 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 Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not
guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the Service will
be accurate or reliable.
You agree
that from time to time we may remove the Service for indefinite periods of time
or cancel the Service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the Service is at your
sole risk. The Service and all products and Services delivered to you through
the Service are (except as expressly stated by us) 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.
In no case
shall Lady King & The Aces, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, Service providers or licensors 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 Service or
any products procured using the Service, or for any other claim related in any
way to your use of the Service 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 Service or any content (or product)
posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree
to indemnify, defend and hold harmless JHGALLERYCO and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, Service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the
event that 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 to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms
of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure
of us 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 in
respect to the Service constitutes the entire agreement and understanding
between you and us and governs your use of the Service, superseding any prior
or contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 - 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 Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at 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. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
