TERMS AND CONDITIONS OF USE
OVERVIEW
This website is operated by Monele Le Strat, operating as Mystic MO Fine Art. Throughout the Site, the terms "I", "my", "me", “we”, “us” and “our” refer to Monele Le Strat (“Mystic MO”). Mystic Mo 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, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). 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, 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 will 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.
Additional policies, including our Sales Terms, Return and Refund Policy, Shipping Policy, and Privacy Policy, form part of these Terms where applicable. If there is any conflict between these Terms and a product-specific policy or agreement, the product-specific policy or agreement controls for that transaction.
Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 GENERAL CONDITIONS
We reserve the right to refuse Service to anyone, to the extent permitted by law.
You understand that your content, excluding credit card information, may be transferred unencrypted and may 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, recreate, duplicate, copy, sell, resell or exploit any portion of the Products or Services, use of the Products or Services, or access to the Products or Services or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not affect the interpretation of these Terms.
SECTION 2 ELIGIBILITY AND PROHIBITED USE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority in your province or territory 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 unlawful or unauthorized purpose, and you may not, while using the Service, violate any applicable law, including copyright laws.
You must not transmit any worms, viruses, malware, or any code of a destructive nature.
A breach or violation of any of these Terms may result in the immediate suspension or termination of your access to the Service.
SECTION 3 ONLINE SALES TERMS
Your purchase of products from our online store is governed by our Terms and Conditions of Sale, which can be seen here: Terms & Conditions of Sale — Mystic MO .
SECTION 4 PRODUCT AND SITE INFORMATION
We try to keep the information on this Site accurate, complete, and up to date, but we do not guarantee that all information will always be free from errors or omissions. Product descriptions, pricing, availability, shipping details, and other Site content may change at any time.
We reserve the right to correct errors, update information, limit sales, limit quantities, or discontinue any product or Service at any time, to the extent permitted by law.
Certain products or Services may be available only online and may have limited quantities. We have made every effort to display product colors and images accurately, but we cannot guarantee that your screen will display colors exactly as they appear in person.
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: mysticmo.ca/refund-policy.
SECTION 5 ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, and to the extent permitted by law, 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 payment card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or 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 payment 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: mysticmo.ca/refund-policy.
SECTION 6 OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 will have no liability whatsoever arising from or relating to your use of optional third-party tools, to the extent permitted by law.
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 the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services, tools, or features through the website in the future. These new features and/or Services will also be subject to these Terms of Service.
SECTION 7 THIRD-PARTY LINKS
Certain content, products and Services available through 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 reviewing 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 third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as custom artwork commission requests, or if you send creative ideas, suggestions, proposals, plans, or other materials whether online, by email, by postal mail, or otherwise, you agree that we may, at any time and without restriction, use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments or submissions that you forward to us.
We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or 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, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive, obscene, or defamatory material, or any virus, malware, or other harmful code. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility and no liability for comments posted by you or any third party.
SECTION 9 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: mysticmo.ca/privacy-policy.
SECTION 10 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, except where prohibited by law.
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 11 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 applicable international, federal, provincial, or local law, rule, or regulation;
(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.
(l) to copy, scrape, download, store, reproduce, upload, transmit, distribute, or otherwise use any content, data, or materials from this Site in connection with any artificial intelligence or machine-learning system, including generative AI tools, models, training datasets, or related services, whether for training, fine-tuning, evaluation, or any other purpose, without our prior written permission.
Any use of this Site or its content by you in any of the above listed ways is strictly unauthorized and constitutes a violation of our Terms and Conditions of Use. We reserve all rights and remedies available at law and in equity, including pursuing legal action, in response to any such unauthorized use.
SECTION 12 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 provided “as is” and “as available,” except as expressly stated by us, 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, to the extent permitted by law.
To the maximum extent permitted by law, Mystic MO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of any part of the Service or any products purchased through the Service, or for any other claim related to your use of the Service or any product, including errors or omissions in content or any loss or damage resulting from the use of the Service or any content or product posted, transmitted, or otherwise made available through the Service.
Because some provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those provinces or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 13 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mystic MO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 14 SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. That determination will not affect the validity and enforceability of any remaining provisions.
SECTION 15 TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will 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, we 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. We may also deny you access to our Services, or any part of them.
SECTION 16 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service apply to general use of the Site. Any sales terms, commission terms, return and refund policy, shipping policy, or other transaction-specific terms provided at checkout or in a separate agreement govern the applicable transaction. If there is any inconsistency between this document and those transaction-specific terms, the transaction-specific terms will prevail for that transaction only.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 17 GOVERNING LAW
These Terms and any separate agreements under which we provide Services to you will be governed by and construed in accordance with the laws of Manitoba and the federal laws of Canada applicable therein.
SECTION 18 CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on 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.
SECTION 19 CONTACT INFORMATION
Questions about the Terms of Service should be sent to monelelestrat@mysticmo.ca.
Our contact information is posted below:
Monele Le Strat | Mystic MO Art, Fine Artist
monelelestrat@mysticmo.ca