Terms of service
OVERVIEW
Welcome to CURIOMETRIC! The terms "we", "us" and "our" refer to CURIOMETRIC. CURIOMETRIC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). CURIOMETRIC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have the consent of a parent or legal guardian to use the Services where permitted by applicable law.
Please note that permission for a minor to access or browse the website does not mean that CURIOMETRIC products are intended for use by minors. Products designated as for adult use only or not a toy should be used in accordance with the safety information provided on the applicable product page and with the product.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately represent our products in our online store. However, colours and product appearance may differ from what appears on your screen due to differences in devices, displays and settings.
Many CURIOMETRIC products are made from natural materials and receive hand finishing. Natural variations in wood grain, colour, figure and other characteristics are expected. Very minor variations in final shape, dimensions and finish may also occur as part of the manufacturing and hand-finishing process. These natural and minor handmade variations are not considered defects.
Product photographs are representative of the product being offered but, unless expressly stated otherwise, the individual item received may not be the exact piece pictured.
We do not warrant that the appearance of a product will precisely match photographs or digital representations shown in our online store.
All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities or availability by person, geographic region or jurisdiction.
Customers are responsible for reviewing and following any safety information, warnings, care instructions and intended-use information provided with a product or on its product page.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. CURIOMETRIC reserves the right to accept or decline an order where permitted by applicable law.
Your order is not accepted until CURIOMETRIC confirms acceptance. We must receive and process your payment before an order is accepted.
Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We will make every reasonable effort to accommodate requests before shipment, but changes or cancellations may not be possible after an order has shipped.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided with the order.
Purchases and returns are subject to our Return & Refund Policy, subject always to any mandatory rights provided by applicable consumer law.
You represent that purchases are for lawful purposes. Products may not be purchased or used in violation of applicable laws or regulations.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation.
Unless otherwise expressly stated, posted prices do not include shipping, customs duties, import taxes, VAT, GST, brokerage charges or other fees that may apply to an order.
Certain taxes, duties or other charges may be collected at checkout where applicable. For international orders, additional charges may be imposed by the destination country's customs authority, postal service or carrier. Please refer to our Shipping Policy for more information.
We may offer promotions from time to time that are governed by separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to promptly update information as necessary.
You represent and warrant that you are authorized to use the payment method provided for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
Orders are subject to our Shipping Policy.
Processing and delivery times are estimates and are not guaranteed. Delivery may be affected by shipping carriers, customs processing, weather, service disruptions or other circumstances outside of our reasonable control.
CURIOMETRIC is not responsible for delays caused by carriers, customs authorities or circumstances outside our control. However, this does not affect the provisions of our Shipping Policy concerning packages confirmed lost in transit, damaged shipments, or any rights available to you under applicable consumer law.
Customers are responsible for providing a complete and accurate delivery address.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, brand elements, text, images, graphics, photographs, videos, product designs where protected by applicable intellectual property rights, and the design, selection and arrangement of website content, are owned by CURIOMETRIC, its licensors or their respective owners and are protected by Canadian and applicable international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit protected material from the Services without permission, except where permitted by applicable law.
Nothing in these Terms grants you a licence or other right to intellectual property belonging to CURIOMETRIC, Shopify or any third party except as expressly stated.
CURIOMETRIC's names, logos, branding and other protected identifiers may not be used without permission. Shopify's name, logo and other trademarks belong to Shopify or its applicable affiliates. All other trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge that such tools may be provided "as is" and "as available" without warranties, representations or conditions from CURIOMETRIC, to the extent permitted by applicable law.
Any use of optional third-party tools is at your discretion, and you should review the terms applicable to those tools.
We may offer new features, tools or resources through the Services in the future. Such features will also form part of the Services and be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials or links to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites. If you access third-party websites, you should review their applicable terms and policies.
To the extent permitted by applicable law, CURIOMETRIC is not responsible for harm or damages resulting solely from your use of independent third-party websites, products or services.
Questions or complaints concerning third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
CURIOMETRIC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with CURIOMETRIC.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CURIOMETRIC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with CURIOMETRIC.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve those Services. Information submitted through the Services may also be transmitted to service providers or processed in countries other than the country in which you reside.
Please review our Privacy Policy and Shopify's applicable privacy information for further details.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting CURIOMETRIC and the Services, subject to applicable law.
You represent that you own or have the necessary rights to submit the Feedback and that it does not violate the rights of another person.
You are responsible for the Feedback you submit and its accuracy.
We may remove Feedback that we reasonably determine is unlawful, abusive, fraudulent, infringing or otherwise violates these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided through the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information as appropriate.
If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit malicious software, engage in fraud or impersonation, collect personal information unlawfully, interfere with the security or operation of the Services, or engage in other unlawful or abusive conduct.
You may not reproduce, duplicate, copy, sell, resell or exploit protected portions of the Services except as permitted by these Terms or applicable law.
We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use, allow, enable or cause the deployment of automated or semi-automated software ("Agents") to access or interact with the Services.
Agents must comply with applicable technical restrictions and may not conceal their automated nature, circumvent CAPTCHAs or other access controls, or bypass measures intended to restrict automated access.
We may restrict whether and how automated systems interact with the Services.
SECTION 15 - TERMINATION
We may terminate or restrict access to the Services where permitted by applicable law, including where these Terms have been violated.
Any provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, liability, indemnification, governing law and privacy.
SECTION 16 - DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR WARRANTIES, CONDITIONS OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WE DO NOT GUARANTEE THAT ACCESS TO THE WEBSITE WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTY, CONDITION, GUARANTEE OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CONSUMER LAW.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CURIOMETRIC AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY WHERE DOING SO WOULD BE PROHIBITED BY APPLICABLE LAW, OR TO LIMIT ANY MANDATORY CONSUMER RIGHTS.
Product warnings, safety instructions and care instructions provided by CURIOMETRIC should be followed. Nothing in these Terms removes any legal responsibility CURIOMETRIC may have for a defective or unsafe product under applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless CURIOMETRIC, Shopify and their respective affiliates, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, your unlawful use of the Services, or your violation of the rights of a third party.
Nothing in this section requires a customer to indemnify CURIOMETRIC for CURIOMETRIC's own unlawful conduct or liability that cannot legally be transferred to the customer.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with the policies and other terms incorporated by reference, constitute the agreement governing your use of the Services, subject to any rights that cannot be waived under applicable law.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.
We may transfer or assign our rights and obligations in connection with the transfer, restructuring or operation of the business, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which CURIOMETRIC provides Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without limiting any mandatory consumer protections or rights that may apply to you in your place of residence.
Any dispute will be subject to the jurisdiction of the courts of Ontario, Canada, except where applicable law gives you the right to bring a claim in another jurisdiction.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the Terms.
SECTION 24 - 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 to update or change these Terms by posting an updated version on our website.
Where required by applicable law, we will provide notice of material changes. Changes will become effective as stated in the applicable notice or updated Terms.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
CURIOMETRIC
Email: curiometric@gmail.com
Additional legally required business contact information will be provided where applicable.