Terms & Conditions
This customer information and the terms and conditions set forth below (the ‘Terms and Conditions’) shall apply to all use of this website, accessible at http://www.mykadesigns.com (hereafter referred to as the “Website”), provided by Myka Designs Inc.(hereafter referred to as, ‘Myka Designs’, ‘the company’, or ‘its’) and all purchases of products made through the Website. By using the Website or purchasing products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that Myka Designs Inc. provides electronically satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing.
This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. It is the sole responsibility of the user to determine whether his/her use of the Website is lawful. All users must comply with all applicable laws.
Myka Designs Inc. Customer Service Department may be contacted by:
Any products that are returned, as permitted under these Terms and Conditions, must be shipped to the following address:
Myka Designs Inc.
#120-1087 East Kent Avenue
All warranty claims and notices to Myka Designs Inc. shall be in writing and shall only be sent by mail or courier to the above address. All notices may be delivered to you by mail, courier, fax or email at the addresses or locations you provided when entering your order.
Myka Designs Inc. only sells products to adults (18 years +)who are able to purchase its products using a valid credit card issued to the actual buyer. By purchasing a product using the Website, you represent to Myka Designs Inc. that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale.
Credit card payment is the only form of payment Myka Designs Inc. accepts for products ordered through the Website. Any orders placed on the Website constitute a binding offer by you to conclude a purchase with Myka Designs Inc.. The binding purchase agreement comes into existence only when Myka Designs Inc. accepts your order on the Website by written communication, by email, or by shipping the products ordered.
Purchased items may be returned for exchange within 30 days from purchase date. However, items must be returned in their original condition and returned back to Myka Designs within 30 days of the purchase date. You must notify Myka Designs Inc. by email (firstname.lastname@example.org) within 7 business days of the date goods are received of your intent to return your item(s). In this case, you must promptly return the goods, to arrive within 30 days of purchase date. Item(s) must be in their original condition.
If you choose to take advantage of this return policy, once the item(s) are received, Myka Designs will exchange your item(s) for you, you will be liable for the difference in price of any exchanged items as well as the shipping costs.
You may also return goods in accordance with Myka Designs limited 1 year warranty, and any other rights you may have in relation to Myka Designs products that cannot be excluded by law.
Once Myka Designs Inc. accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, Myka Designs kindly asks you to try again shortly or to visit your local authorized Myka Designs retailer.
Price and other references to currency on the Website are shown in either Canadian or USA dollars. The purchase price for the products ordered is due upon the shipment of your order by Myka Designs Inc.. Upon shipment, Myka Designs Inc. will charge the credit card account identified at the time your order was placed for the purchase price, the cost of shipping and handling, and applicable taxes. If the charge is not authorized or accepted the company reserves the right to cancel your order without notice or liability. You may not make any set-off against Myka Designs Inc. claim for payment unless otherwise agreed to in writing by Myka Designs Inc.
For special orders (e.g. high order amount, Limited Editions) Myka Designs Inc.offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Myka Designs Inc. has the right to cancel your order.
An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.
Myka Designs Inc. reserves the right to change prices, terms, specifications, product warranties, promotional offers, and any other part of the Website at any time without prior notice and without liability. Myka Designs Inc. attempts to post accurate information; however, errors may sometimes occur. The company does not warrant that the Website is accurate, complete, reliable, current, or error-free. Any such errors, inaccuracies, or omissions (including after an order has been submitted or accepted) for product specifications, descriptions, and pricing will be corrected when discovered and Myka Designs Inc. reserves the right to revoke any stated price, term, or specification on the Website. If an error or inaccuracy is discovered after your order has been submitted or accepted, the company will inform you promptly upon its discovery, at which time you will have the option to cancel or confirm your order.
The prices on the Website are exclusive of all applicable local taxes, International customs, international duties, and international levies. When Myka Designs Inc. is required by law to collect applicable taxes relating to your order, you authorize the company to charge the applicable taxes to your credit card.
The products ordered by you will be delivered to the address entered by you through a delivery service selected Myka Designs Inc. You agree that the products ordered and sent to you remain Myka Designs Inc. property until full payment has been received by the company. Risk of loss or damage passes to you at the time the products you order are delivered to the delivery service.
You can obtain further information and assistance regarding Myka Design’s return policy by Customer Service in Returns & Exchanges.
Item Available for Pre-order – This notifies the buyer that the item they would like to order is not currently in stock and will not be shipped within our regular time frame. However, it is available for ‘Pre-Ordering’ which means that it is a regular stock item and we are making more. Upon processing of the order, the buyer will be contacted by one of our Customer Service agents who will advise on an accurate shipping date.
This Limited Warranty applies only to products manufactured by Myka Designs Inc and which bears our brand name. This Limited Warranty does not apply to damage caused by accident, abuse, misuse, misapplication, or use of non-Myka Designs products.
THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MYKA DESIGNS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF MYKA DESIGNS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. MYKA DESIGNS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY. NO MYKA DESIGNS RETAILER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
You may obtain further information and assistance concerning the return of the products ordered Materials and Workmanship Warranty
At Myka Designs we stand behind the quality of our product. On rare occasions, your jewellery may be damaged or defective. Myka Designs offers a repair policy that is simple, convenient, and insures every piece of Myka Designs Jewellery with a limited one-year warranty against manufacturing defects and a lifetime service for repairs*( *repair charges outside of the 1 year warranty will apply)
Should you have a damage please complete a repair request form and include a copy of your receipt/proof of purchase with your return. The one-year warranty starts from the date of purchase. Please note that we will honor our warranty regardless of where your Myka Designs was purchased.
Once your item is received, we’ll contact you with an estimated timeframe of repair/replacement. And advise if there will be any costs associated. Although we will work hard to repair your item as soon as possible, please allow up to 4 weeks for any repair. Myka Designs shall have no obligation to repair, replace, or refund until the defective product is returned to Myka Designs. A replacement product assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever period is longer. When a refund is given, the returned product becomes Myka Designsí property.
The one-year limited warranty against manufacturing defects does not cover ;
- any surface damage that occurs to the metal such as scratches or dents
- chips to the Swarovski Crystals, stones, beads or pearls
- foil worn off Swarovski Crystals, Swarovski considers this to be normal wear and tear
- plating worn off high abrasion surfaces, this is considered normal wear and tear
- broken interlinks or connections caused by excessive wear and tear
- any surface damage to plating caused by water, solvents etc.
- earrings posts, clips and euroback wires which have been broken due to damage caused by owner
- chains which have been broken due to damage caused by owner
The warranty is limited to repair or replacement only and is at the sole discretion of Myka Designs. In all cases we do our best to support our Myka customers with a fair and reasonable repair policy and as a service will always endeavor to repair(sometimes at a cost) a piece of Myka as long as we are able to do so and have the materials required. Please see our Care Advice page for more details on how to keep your Myka Designs Jewellery in its best condition.
Please follow the following Return Authorization procedures. You will require an RA# to return any items to us.
Upon receipt of your items, we will confirm if the problem is covered by the manufacturers warranty and then repair or replace it for you as soon as possible. Please read the warranty registration information above for details of the repair policy. When possible, most pieces are repaired immediately, but some pieces may require up to 4 weeks.
Return Authorization Procedure
- Contact our Customer Service Department for a return authorization number & instructions to return your items (RA number) email@example.com or 1-800-608-7703
- You will be emailed information, follow the packaging and shipping instructions on the information provided
- Ensure that you include a copy of your receipt in the return shipment
- Write the RA number clearly on the front on the package
- Affix the proper posted required and ship or mail back to;
MYKA DESIGNS INC.
120 – 1087 EAST KENT AVENUE
The Website is provided on an “as is”, ‘where is’, and “as available” basis. Neither Myka Designs Inc. nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively referred to as “related parties”), warrant that use of the Website will be uninterrupted or error-free and you agree that Myka Designs Inc. has no obligation to make the Website available to you or to continue to make the Website available to you. Neither Myka Designs Inc. nor its related parties warrant the accuracy, integrity, or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
Myka Designs Inc. reserves the right (but has no obligation) to modify, change, update, suspend, or terminate this website or any portion thereof, any feature or function thereof, or your access or use rights thereto at any time and for any reason (including without limitation your contravention of any of these terms and conditions) without notice or liability.
Myka Designs Inc. will use your personal information to: (i) respond to your inquiries or requests; (ii) for market research to improve its product range and the Website; (iii) keep you informed about Myka Designs Online and its goods, including sending you select advertisements for Myka Designs products or notices of special promotions and other opportunities to buy Myka Designs products; and (iv) process the order(s) which you have placed. Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, Myka Designs may share some or all of your personal information with third parties who perform functions on its behalf, such as, without limitation, delivery services, information technology service providers, and credit card processing services. Under their agreements with Myka Designs Inc., these third parties have access only to the extent necessary to perform their functions for Myka Designs and are not permitted to use it for other purposes. Your personal information is stored and processed by Myka Designs Inc.. By submitting your personal information to Myka Designs Inc., you agree to the companyís collection, use, and disclosure of your personal information as set forth above and as permitted or required by applicable law.
Subject to legal and contractual requirements, you can refuse to consent to Myka Designsí collection, use, or disclosure of your personal information by contacting Customer Support. You may also withdraw your consent to any further collection, use, or disclosure of information about you at any time by giving Myka Designs reasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products, and services the company can provide to you.
Myka Designs will try to ensure that information about you is sufficiently accurate, complete, and up to date for the purposes for which it is to be used. You have a right to access the personal information which it has about you and to request that personal information which you believe to be inaccurate be corrected. If you wish to access your personal information, you may either select ‘My Account’ from the site menu or you may contact our customer service, who will be pleased to assist you. By selecting the My Account option from the site menu, you may also modify your personal information.
Subject to the Terms and Conditions hereof, Myka Designs Inc. grants you a limited license to use the Website solely as reasonably required for you to personally evaluate our products and to make a decision to purchase or not to purchase such products through the Website. Permitted use includes electronically copying and printing portions of this Website for such purposes, provided you do not modify any of those portions and that you do not remove or alter any trademarks or other identification, marks, notices, or disclaimers found therein.
Except as expressly permitted under these Terms and Conditions, any use of this Website including any commercial use, reproduction for purposes other than those described above, or any modification, distribution, republication, display, transmission, or performance without Myka Designs Inc. prior written permission is strictly prohibited and, without limiting the generality of the foregoing, you agree not to, without its prior written consent:
– use the Website in any manner or for any purpose not expressly permitted by this Agreement including, without limitation: (i) modification, adaptation, translation, reverse engineering, decompilation, disassembly, or conversion into human readable form any of the Website not intended to be so read, including using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (ii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, or transmitting any of the Website (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; (iii) selling, reselling, or making any commercial use of the Website or access thereto; (iv) collecting or using any product listings or descriptions; (v) creating any derivative works of the Website; or (vi) using any data mining, robots, bots, spiders, automated tools, or other data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website;
– upload, distribute, transmit, or otherwise publish to or through this Website any message, information, text or other material (‘Content’) that: (i) is or is likely to be construed as unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (ii) would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual, moral, proprietary, publicity, contractual or other right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (iv) may be harmful or deleterious, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information; (v) includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited email, including commercial email or ‘spam,’ (regardless of whether the email itself complies with the requirements of federal, provincial, or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (vi) contains any error, deficiency, omission, misstatement, or misrepresentation;
– use another personís account, password, or other information without that personís prior written authorization and prior written notification to use, create, or use a false identity on the Website or impersonate any person or entity or otherwise misrepresent your identity, status, qualifications, or affiliations; or
– use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation, or the rights of any third parties or in a manner that could damage, disable, overburden, or otherwise interfere with the normal operation of this Website, including any other personís use or enjoyment of this site.
If you register on the Website or submit an order to purchase products, you agree that any information you provide to Myka Designs Inc. will be current, true, accurate, and complete, and further agree to update such information in respect of any changes the next time you use the Website following such changes.
Myka Designs Inc. does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions, or other materials to the company, whether through this Website or otherwise.
If you do send, submit or transmit questions, comments, suggestions, ideas (including without limitation any of the ideas noted above), plans, notes, drawings, original or creative materials or other information (collectively, ‘Submissions’) to the Website, or to Myka Designs Inc. by email, through the Website, or by other means, you agree that you remain solely responsible and liable for your Submissions, and that Submissions (excluding your personal information) may be treated by us as non-confidential. You further hereby grant to Myka Designs Inc. and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent, and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of Myka Designs Inc. and its assigns.
Myka Designs has the right, but not the obligation, to monitor any activity, Submissions associated with forums, and interactive areas on this Website. The company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warning, suspension or termination of service, or removal of posted Submissions.
Myka Designs takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The company reserves the right, in its sole discretion, to remove or edit any Submissions that violate these Terms and Conditions, or are otherwise objectionable. Subject to applicable law, Myka Designs may access at any time and use internally for any lawful purpose information stored on its systems, including the content of any emails or other communications. Myka Designs may disclose such information to any third parties, including law enforcement agencies to protect our rights or property, in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
These Terms and Conditions will ensure to the benefit of and be binding upon Myka Designs Inc. and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without Myka Designs Inc. prior written consent. The company may assign these Terms and Conditions or any of its rights or obligations hereunder.
By using the Website, you agree that the laws of the Province of British Columbia shall govern the Terms and Conditions without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and that the venue for any action, suit, or proceeding arising from or relating to these Terms and Conditions or our products shall be Vancouver, British Columbia, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof, including but not limited to the International Sale of Goods Act (British Columbia), shall not apply.
You agree that any claim, action, dispute, disagreement, or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, Myka Designs Inc., or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final, and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991.
Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the city of Vancouver, British Columbia, Canada. There shall be no discovery. The arbitrator shall not limit, expand, or modify these Terms and Conditions, nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against Myka Designs. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
You also agree, except to the extent prohibited by law or for any application for injunctive relief, not to join any arbitration under these Terms and Conditions or to any other arbitration involving any other parties subject to these or a similar version of these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Except to the extent prohibited by law, Myka Designs Inc. will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters for which you give us more than six months notice after the claim or cause of action arises.
Myka Designs Inc. reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of Myka Designs Inc..
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms and Conditions contain the entire agreement of the parties and supersede all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
You are granted a limited, nonexclusive right to create a hypertext link to this Website, provided such link does not portray Myka Designs or any of its products or services in a false, misleading, derogatory, unflattering, or defamatory manner and provided the site on which such a link is found does not contravene the Content restrictions set forth in the paragraphs above. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any of Myka Designs trademarks or any portion of the Website without its express written consent. You may not mirror, replicate, or otherwise alter the presentation of this Website, or cause any advertisement, announcement, message, or commentary (including without limitation any pop-up, pop-under or banner advertisement) to appear at, on, over, or triggered by exiting, this Website.
This Website may from time to time include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites may be independent from Myka Designs, and it does not have responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you shall not make any claim against Myka Designs arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The company makes no claim, representation, warranty, or endorsement regarding, and accepts no responsibility for, the quality, content, nature, reliability, products, information, or services of Other Sites, or web sites linking to this Website.
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Myka Designs Inc. for any cause of action whatsoever arising from or related to these Terms and Conditions, this Website, Myka Designs Online, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to Myka Designs Inc. for the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to Myka Designs for the purchase of products through this Website in the one year period immediately preceding the claim, provided further that Myka Designs Inc. shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Myka Designs Inc. records, programs, or services or any use or misuse of any product by you.
You agree that under no circumstances shall Myka Designs Inc. or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Myka Designs Inc. records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these Terms and Conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, Myka Designs Inc., or the products offered on this Website, even if Myka Designs Inc. is aware of or has been advised of the possibility of such loss or damage.
You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against Myka Designs Inc. as well as its related parties.
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) are protected by Canadian and international copyrights, trademarks, patent, or other proprietary rights. All Content is copyrighted under applicable law and Myka Designs Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
When you use this Website, you are responsible for maintaining the confidentiality of your access information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Myka Designs Inc. products through your computer or using your access information. In the event that the confidentiality of your access information is compromised, or you suspect such confidentiality is compromised in any manner, you will notify us immediately. Myka Designs Inc. reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account.
If the performance of any of these Terms and Conditions or any obligation hereunder by Myka Designs Inc. is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; or (vii) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.