Terms of service

OVERVIEW & ACCEPTANCE

This website is operated by Beavicorn. Throughout the site, the terms “we,” “us,” and “our” refer to Beavicorn. 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.

SECTION 1 – PROTECTION OF PRIVACY

Information you give to us about yourself is subject to our Privacy Policy, which is incorporated into these Terms of Service by reference. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

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, without express written permission by us.

 

SECTION 3 – ONLINE STORE TERMS, USER CONDUCT, & PROHIBITED USES

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. 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.

In addition to other prohibitions, you are prohibited from using the site or its content:

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidation, or discriminate based on protected characteristics (e.g., gender, race, religion, etc.).

  • to spam, phish, pharm, pretext, spider, crawl, or scrape.

  • to interfere with or circumvent the security features of the Service or any related website.

SECTION 4 – REGISTRATION AND ACCOUNT SECURITY

You must certify that you are at least eighteen (18) years old to register an account. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur in connection with these. You agree to immediately notify us of any actual or suspected unauthorized use of your password or account.

SECTION 5 – MODIFICATIONS, PRICES, AND CHANGE OF TERMS

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 reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Material changes will be effective 30 days after being posted. Your continued use of the website after the posting of any changes constitutes acceptance of those changes.

SECTION 6 – PRODUCTS, SERVICES, AND WARNINGS

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. All products available on this Service are for personal, non-commercial use only.

California Proposition 65 Warning (For US Sales): WARNING: Products sold on this website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

SECTION 7 – ACCURACY, BILLING, AND ACCOUNT 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 as the sole basis for making decisions.

We reserve the right to refuse any order you place with us and to limit or cancel quantities purchased. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

SECTION 8 – ERRORS, INACCURACIES, AND OMISSIONS

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 is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 9 – THIRD-PARTY TOOLS AND LINKS

Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control. We provide access to such tools ”as is” and “as available” without any warranties.

Third-Party Links: We are not responsible for examining or evaluating the content or accuracy and will not have any liability for any third-party materials, websites, or for any harm or damages related to transactions made in connection with any third-party websites.

SECTION 10 – USER SUBMISSIONS, COMMENTS, AND FEEDBACK

If you send creative ideas, suggestions, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, translate, and otherwise use in any medium any comments that you forward to us. You agree that your comments will not violate any right of any third-party, including copyright or trademark.

SECTION 11 – INTELLECTUAL PROPERTY RIGHTS & COPYRIGHT INFRINGEMENT

The Service and its contents, including all images, designs, and graphics, are proprietary or confidential information that belongs exclusively to us and is protected by applicable law.

Procedure for Notice of Copyright Infringement (DMCA): If you believe your work has been copied in a way that constitutes copyright infringement, you must provide the required information to our designated agent via email at customersupport@beavicorn.com.

SECTION 12 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, & FORCE MAJEURE

Disclaimer of Warranties: The service and all products are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.

Limitation of Liability: In no case shall Beavicorn, our directors, officers, employees, or agents be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Force Majeure Clause: We shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, strikes, fires, floods, or non-performance of third parties (e.g., shipping carriers).

SECTION 13 – INDEMNIFICATION AND TERMINATION

Indemnification: You agree to indemnify, defend, and hold harmless Beavicorn and our affiliates, officers, directors, and employees, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service.

Termination: We may terminate these Terms of Service at any time without notice if you fail to comply with any term or provision. You may terminate by ceasing use of the site. You remain liable for all amounts due up to and including the date of termination.

SECTION 14 – DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

Dispute Resolution by Binding Arbitration and Class Action Waiver: Any dispute or claim relating to your use of the Service shall be resolved by binding arbitration, rather than in court. The arbitration will be conducted in London, Ontario, Canada. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US.

Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario.

SECTION 15 – MISCELLANEOUS LEGAL PROVISIONS

User Warranties and Representations You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.

 

Entire Agreement, Severability, and Waiver

  • Entire Agreement: These Terms of Service constitute the entire agreement and understanding between you and us.

  • Severability: If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed to be severed, and this shall not affect the validity and enforceability of any other remaining provisions.

  • Waiver: The failure of us to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

SECTION 16 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

By participating in any of our Mobile Messaging Programs, you accept and agree to these terms and conditions.

1. User Opt In: By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in.

2. User Opt Out: You agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.

3. Program Description: Users can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of apparel, drinkware, stickers, jewelry, as well as our other products.

4. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis, and we will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

5. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age.

6. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform, including any fraudulent, libelous, or objectionable content.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

  • Email: customersupport@beavicorn.com

  • Address: 286 Central Ave Suite 3, London, ON N6B 2C8