1. Acceptance of Terms: Autism Nova Scotia, the site provider (the “site provider”), supplies this on-line service (the “Service”) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using the Service, you and Autism Nova Scotia shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using this website and in completing the registration process, you agree to the TOS.
2. Description of Service: All listed retail values are in Canadian dollars unless otherwise noted. You are responsible for all shipping costs unless otherwise noted or alternate arrangements have been agreed to in writing. Items purchased through this service are available in North America only. If delivery becomes available outside North America, you will be responsible for customs fees, taxes and duty. Autism Nova Scotia expressly reserves the right to, but has no duty to remove any item up for sale, at its sole discretion. You understand and agree that the Service is provided “AS IS”. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. Eligibility: You must be 18 years or older. Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. The Service is not available to parties whose use of the Service has been suspended or terminated.
5. Breach: You will breach these TOS if you attempt to access other users’ account information or private information.
7. Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your bidding on any and all items. You may not use or manipulate this Service for any fraudulent activity or purpose.
8. Indemnity: You agree to indemnify and hold Autism Nova Scotia and the site provider and all of their officers, directors, employees, agents, co-branders or other partners harmless from any claim, loss, cost, damages, liability, or expense, including reasonable attorneys’ fees, arising out of or relating to anything you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, your violation of any law, or your violation of any rights of a third party. Autism Nova Scotia and the site provider will each have the right to participate in its defence and hire counsel of its choice, at your expense. You will not settle any action or claims on Autism Nova Scotia’s or the site provider’s behalf without the prior written consent of Autism Nova Scotia or the site provider.
9. Modifications to Service: Autism Nova Scotia and the site provider reserve the right at any time, and from time to time, to modify, suspend, terminate or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Autism Nova Scotia and the site provider shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.
10. Termination: You agree that Autism Nova Scotia, in its sole discretion, may terminate your use of the Service, for any reason, including without limitation, if Autism Nova Scotia believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Autism Nova Scotia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that Autism Nova Scotia may immediately deactivate or delete your User ID, Password and all related information and/or bar any further access to the Service. Further, you agree that Autism Nova Scotia and the site provider shall not be liable to you or any third party for any termination of your access to the Service.
11. Proprietary Rights: You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and confidential information that is owned by the site provider and is protected by applicable intellectual property and other laws. Except as expressly authorized by the site provider, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. Disclaimer of warranties: You expressly understand and agree that: (i) Any goods or services sold on this site have been provided by Autism Nova Scotia for the purpose of funding its charitable, community, educational, cultural, health or similar objectives. The goods or services sold on this Service are provided on an “as is” and “as available” basis. While we will do what we can to ensure customer satisfaction, Autism Nova Scotia expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your only recourse against Autism Nova Scotia for failure to supply the good or service offered is a refund in full of any funds actually paid. (ii) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Autism Nova Scotia and the site provider expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (iii) Autism Nova Scotia makes no warranty that (i) the goods or services will meet your requirements; (ii) the goods or services will be uninterrupted, timely, secure, or error-free; (iii) the goods or services will be accurate or reliable; (iv) the quality of any goods or products, services, information or other material purchased by you through the Service will meet your expectations; and (v) any faults, flaws or errors in the goods or services will be corrected. (iv) Any material obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage that results from obtaining such material. Products purchased through the Service (jewellery and/or other items) may contain small parts that are not suitable for small children or people who may engage in behaviors that may result in choking or injury on small objects. (v) No advice or information, whether oral or written, obtained by you from Autism Nova Scotia or the site provider or through or from the Service shall create any warranty not expressly stated in the TOS.
13. Limitation of liability: You expressly understand and agree that Autism Nova Scotia and the site provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Autism Nova Scotia has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, information or services purchased or obtained through or from the Service; and (iii) any other matter relating to the Service.
14. General: The TOS constitutes the entire agreement between you, Autism Nova Scotia and the site provider, and governs your use of the Service, superseding any prior agreements between you and Autism Nova Scotia or the site provider. The TOS and the relationship between you and Autism Nova Scotia and the site provider shall be governed by the laws of Canada and the Province of Nova Scotia, as applicable, without regard to its conflict of laws provisions.
You and Autism Nova Scotia and the site provider agree to submit to the personal and exclusive jurisdiction of the courts located with the City of Halifax, Nova Scotia. The failure of Autism Nova Scotia or the site provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Terms & Conditions: By purchasing from the Promise of a Pearl, I hereby release the Promise of a Pearl and its organizers and waive all claims against the Promise of a Pearl, investors, sponsors, sites, and personnel for any losses, damages or injury I, or any dependents in my charge, might suffer to or arising from this purchase, whether by their negligent act or omission or howsoever caused. I grant full permission for the organizers to use photographs of me and quotations from me in legitimate accounts and promotions of this product line. I state I am of legal age, fully capable of purchasing items online, and that I do so voluntarily. Promise of a Pearl organizers may amend these Terms and Conditions from time to time and any amendment will become effective immediately. Purchases from the Promise of a Pearl after amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended.