NOTICE: Thank you for visiting the Mystic Angels web site (hereinafter referred to as,”Website"). Please read our Terms and Conditions of Use, Privacy & Security policy and our Shipping and Returns policy, as your use of our Website constitutes your consent to these terms, restrictions and policies. We reserve the right to change these terms, retrictions and policies at any time, and therefore recommend that you periodically review these terms and conditions of use to remain up to date with our policies.
TERMS OF USE
1. STANDARD TERMS OF USE; TERMS OF SALE
By accessing and using this Website, you acknowledge that you have read our Terms and Conditions of Use, Privacy & Security policy and our Shipping and Returns policy, and agree to all of these terms and conditions, incorporated herein by this reference.
2. OUR PRIVACY POLICY
We are committed to protecting your privacy, and have provided you with this notice to explain our information collection practices, for a more information please read our extencive Privacy Policy.
3. ERRORS AND OMISSIONS
Occasionally, the information on this Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. Mystic Angels reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with any purchase you may return it to Mystic Angels in accordance with our Shipping and Returns policy. Please review the Shipping and Returns policy for information on our return policy.
4. PERSONAL USE
This Website is intended solely for your personal use and enjoyment. The Website and all of its Intellectual Property content, including but not limited to text, images, graphics, illustrations, designs, icons, photographs, trademarks are vested in Mystic Angels and/or its affiliates, and are protected by copyright, trademark, trade dress and other commmon laws protecting Intellectual Property. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of Mystic Angels or the appropriate third party that owns such Intellectual Property. You may not reproduce, publish, broadcast, transmit, modify, display, create derivative works from, or exploit in any way, in whole or part, any of the Contents, the Website, or any related software.
5. ELIGIBILITY
This Website is intended for use by persons 18 years of age and older. In the event that you are less than 18 years of age you are advised to consult with a parent or other authorized guardian before using this Site. By using this Site and/or making any purchases of products offered hereby, you represent and warrant that you have the right, authority, and capacity to enter into any such transactions and to abide by all of the terms and conditions described herein. In the event that we become aware of any unauthorized purchases made on this Site, we reserve the right to refuse to fulfill any such orders.
6. WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERLASTING FLOWERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO TIME TO CORRECT ANY ERRORS, INACCURACIES OR OMMISSIONS. EVERLASTING FLOWERS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EVERLASTING FLOWERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
MYSTIC ANGELS DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS SITE OR YOUR DOWN LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL EVERLASTING FLOWERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY EVERLASTING FLOWERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, EVERLASTING FLOWERS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE, WITH RESPECT TO THE USE OF THIS SITE AND/OR THE PURCHASE OF ANY PRODUCTS ON THIS SITE, SUCH DAMAGES SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY ANY SUCH PERSON FOR THE SERVICES AND/OR PRODUCTS OF EVERLASTING FLOWERS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
8. COPYRIGHTS AND TRADEMARKS
Mystic Angels recognizes and respects the importance of protecting intellectual property, and requires that all users of this Website do the same. Everlasting Flowers asserts all rights, both statutory and common law, to all intellectual property on this Website, including tradename and trademark.
9. INDEMNIFICATION
You agree to indemnify and hold Mystic Angels, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this Site in violation of this Agreement and/or arising from a breach of these Terms and Conditions of Use.
10. GOVERNING LAW
These Terms and Conditions of Use and all matters relating to your use of the Site and the purchase of any products shall be governed by, construed and enforced in accordance with the laws of Australia, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate court in Australia.
11. PRIVACY
You acknowledge that you have read the Mystic Angels Privacy & Security policy,incorporated herein by this reference.
12. TERMINATION
These terms are effective unless and until terminated by either you or Mystic Angels. Mystic Angels may terminate your access to its Site at any time, immediately, and without notice, if, in its sole discretion, you fail to comply with any term or condition contained herein.
