TERMS AND CONDITIONS OF USE

Welcome to the Good Earth Gifting and www.goodearthgifting.ca. These terms and conditions of use 'Terms' govern your visit and use of our Site and online services, websites, applications and/or software provided on or in connection with the service provided by Good Earth Gifting Inc.

By accessing or using our Site and services, you confirm that you have read, understood, and subsequently agree to be bound by these Terms and to the collection and use of your personal information as set forth in the Good Earth Gifting Privacy Policy. These Terms apply to all 'Users' - visitors, users, and others who access the service.

Age

We provide a variety of gift options for people of various ages, but we do not knowingly collect personally identifiable information from children under the age of sixteen - you must be at least 16 years of age to use our Site and service. By agreeing to these Terms, you:

• Represent and guarantee us that:
  • You are at least 16 years of age and you understand and agree to these Terms.
  • If you are under the age of 16, you represent and guarantee that your legal guardian has reviewed and agreed to these Terms.
• You have not previously been suspended or removed from our Site or services.
• Your registration and your use of our Site and services is in compliance with all applicable laws and regulations.
  • If you are using the Service on behalf of an entity, organization, or company, you represent and guarantee that you have the authority to bind, and agree to be bound by these Terms, on behalf of that organization.

Account/Profile Information

Users can create accounts and subscribe to our email listing for the purposes of using our Site and services, interacting with other users, and making purchases through our Site. When you create an account with us, you represent and guarantee that the information you provide us is up-to-date, accurate, complete. Inaccurate, incomplete, or out-of-date information may result in termination of your account.

You are solely responsible for maintaining the confidentiality of your account and password, and restriction of access to your computer and/or account. All activities and actions under your account and/or password will be your responsibility.

Use of Our Service

By using our Site and services, you acknowledge that Good Earth Gifting is an online ecommerce Site that allows individual users and groups to create custom gifts. As we have the option of sending a quick gift and customizing a box for someone else, you hereby consent to giving basic personal identifiers such as name, email address and phone number, on your receiver's behalf in order for us to contact them for details about their gift.

Purchases and Payment

If you wish to purchase any product or service made available through our Site, you may be asked to supply certain information relevant to your purchase including but not limited to the name on the credit card, your credit card number, the expiration date of your credit card, CVV number, billing address, and shipping information.

You represent and guarantee that:

• The information you provide to us is true, correct and complete.
• You have the legal right to use any credit card(s) or other payment method(s) with regards to any purchase.
• You agree to pay all charges incurred by users of your credit card or other payment method used with regards to a purchase or transaction (or other monetary or financial transaction) where such charges are incurred.

Our service uses third party services, such as Stripe, for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide these third parties subject to our Privacy Policy, therefore, you acknowledge that Good Earth Gifting is not liable for any breaches of credit card security or privacy.

We do our best to ensure that the information on our website concerning product availability and inventory is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

• Product or service availability
• Errors in the description or price of the product or service
• Error in your order
• Other reasons, as we see fit

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Shipping

We will ship all gift boxes and products purchased through our Site to the address:

• Specified in the shipping address section of our online order form, or
• Obtained and confirmed via email, text message or phone conversation

The time period from product selection and/or payment until your package(s) arrive will vary depending on the shipping address or location.

Opt-Out and Unsubscribe

We understand that you may change your mind about getting emails from us and respect your privacy so we give you an opportunity to opt-out of receiving newsletters or announcements. Users may opt-out of receiving any or all communication from us by unsubscribing from our email list or contacting us at goodearthgifting@gmail.com.

Indemnification/Compensation

You agree to secure Good Earth Gifting and its owners, its licensee and licensors, their employees, agents and directors against any legal liability and protect against any and all losses, claims, damages, liabilities, obligations, costs or debt, and expenses (including but not limited to lawyer's fees), resulting from:

• Content posted by you on the Good Earth Gifting website.
• A breach of these Terms
• Your use and access of our Site and our services, by you or any person using your account and password

Disclaimers and Warranties

The products, materials, service and content available on our Site and through our services are provided 'as is' and 'as available', without implied or express warranties or conditions. We, therefore, disclaim all warranties of any kind, whether expressed or implied, relating to the products, materials, service and content available through our Site and service, including:

• Any warranty of marketability, merchantability, capability, use, title, or non-infringement of third party intellectual property, all of which are hereby disclaimed.

We do not guarantee that the service or any portion of our service, or any materials or content offered through our Site and services, will be uninterrupted, secure, free of errors, viruses, allergens or other harmful components, and do not guarantee that any of those issues will be corrected.

You assume all risk for any damage that may result from your use of, or access to, our Site and our services, including but not limited to, the content available through and dealings with any other service user.

You understand and agree that when using, accessing, getting and downloading materials or content through our Site and service and any associated sites or services:

• Your actions on our Site and the use of our services are at your own discretion and risk
• You are solely responsible for any damage to your property, including but not limited to your computer system or mobile device used
• You assume all risk for any loss of data

Limitation of Liability

In no event shall Good Earth Gifting and its owners, employees, agents, and directors, partners, suppliers, or affiliates, be liable or responsible for any:

• Damages, losses and/or expenses arising out of punitive, consequential, indirect, incidental acts

including but not limited to:

• Loss of profits, services, data, goodwill, or other intangible losses, resulting from
  • Unauthorized access, use or alteration of your information and transactions, whether based on warranty, contract, negligence or any other legal theory
  • Your access to or use of our Site and/or services
  • Your inability to access or use our Site and/or services
  • Any content obtained from our Site and/or services, such as any posts or conduct you have made
  • Whether or not we have been informed of the possibility of your concerns
  • A viable solution being given but has not accomplished its purpose

Exclusion of Liability

In no event shall Good Earth Gifting and its owners, employees, agents, and directors, partners, suppliers, or affiliates, be liable or responsible for any:

• Damages, losses and/or arising from any user-generated content.

We do not control, and are not to be held responsible for,

• What users post on or through our Site,

including but not limited to:

• Offensive, obscene, inappropriate, abusive, unlawful, illegal, infringing or objectionable content or material on our Site.
• Loss of profits, services, data, goodwill, or other intangible losses, resulting from
  • Third Party Claims Unauthorized access, use or alteration of your information and transactions, whether based on warranty, contract, negligence or any other legal theory
  • Your access to or use of our Site and/or services
  • Your inability to access or use our Site and/or services
  • Any content obtained from our Site and/or services, such as any posts or conduct you have made

Regardless, whether or not we have been informed or advised of the possibility of such damages or losses in connection with the use of our Site and services.

Both the Limitation and Exclusion of Liability applies whether the alleged liability is based on contract, warranty, liability or any other basis, as we see fit.

Statement Changes

We reserve the right, at our discretion, to add, modify, change or remove portions from these Terms at any time. If we decide to change our Terms, including the Privacy Policy, we will post the revised Terms and Policies so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted - check this page periodically for any changes.

Governing Law

These Terms are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada. We operate our services from Ontario, and we make no representation that the service offered is appropriate or available for use in other locations.

Our Site is maintained in Canada. By using our Site, you authorize the export of personal information, and its storage and use as specified in this policy.