Last Updated: May 12, 2015
3. Compliance. By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older or have obtained parental permission to use the; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (c) you shall make timely and satisfactory payment for any products purchased by you on or in connection with the Site and (d) all payment information (e.g., credit card and contact information, etc.), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or Tess Creative suspects that such information is untrue, inaccurate, not current or incomplete, Tess Creative has the right to refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
4. User Registration. In order to place an order for products we shall require you to register for the Site and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your name, address, telephone number and email address, etc. (collectively, a “User Account”). If you elect to purchase products on the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your agent. You agree to immediately notify Tess Creative of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account and (ii) update, maintain and control access to your User Credentials and User Account. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Tess Creative shall not be responsible or liable for any loss that you incur as a result of someone else using your User Account and/or password.
6. Disclaimer Regarding Product Information and Catalogue. We cannot guarantee the availability of any products or items described on the Site, some of which may become unavailable due to limitations on supply or other reasons. All prices shown are in Canadian dollars before any applicable tax. Tess Creative reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. While Tess Creative strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Tess Creative at any time. Tess Creative is not responsible and shall not be liable to you or anyone else for reliance upon the product information contained in the Site. Without limiting the generality of any other terms and conditions on this Site, Tess Creative does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.
7. PRICING, PAYMENT, RETURNS AND MISC. TERMS
You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes, shipping, handling or delivery charges) for any orders placed using the Site and you agree to promptly pay all amounts due upon demand by us. Products are currently available for delivery to addresses in Canada. Requests may be made via email for delivery outside of Canada.
B. Taxes, Shipping, Handling and Delivery
You are responsible for any taxes, shipping, handling and delivery charges imposed on any fee-based transactions conducted on or in connection with the Site and applicable taxes, shipping, handling or delivery charges will be added to the amount charged for the applicable transaction on the Site. Fee-based transactions on the Site may include, without limitation, sales tax (including, without limitation, harmonized, provincial and general sales tax), use tax and any other applicable taxes, shipping, handling or delivery charges, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made on the Site.
C. Return Policies
We do not accept returns or exchanges unless the item you purchased is defective (in the sole opinion of Tess Creative). If you receive a defective item, please contact us via email within 15 days of delivery with details of the product and the defect. Upon receipt of the returned product, we will examine it and notify you via email, within a reasonable period of time, whether you are entitled to a refund or replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment. Returns of defective products will only be accepted within 15 days of delivery.
D. Electronic Signature and Contracts
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site.
8. Customer Support. For assistance with billing questions or order inquiries, please refer to our online support page by clicking here [insert hyperlink to “Contact Us” page].
10. User Content.
A. The Site may provide you and other Users with an opportunity to submit information to Tess Creative, such as a description of a reader’s experience with the products and other messages or comments and may provide you with the opportunity to email, transmit or otherwise make available such experiences, messages or comments via the Site (“User Content”). When you submit User Content you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your name, address, telephone number, email address or similar information. By submitting User Content, you acknowledge and agree that the term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Content. You further acknowledge and agree that by emailing, posting, uploading, displaying, transmitting or otherwise providing the User Content, you authorize Tess Creative to treat such User Content as non-confidential and non-proprietary, and are granting Tess Creative, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Tess Creative, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that Tess Creative may publish or otherwise disclose your name in connection with your User Content. By providing User Content to Tess Creative, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
B. You understand, acknowledge and agree that all User Content is the sole responsibility of the person from which such User Content originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. Tess Creative does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall Tess Creative be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
Tess Creative does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content.
A. “M is for Money” and other graphics, logos, designs, marks, page headers, button icons, scripts and service names are the trademarks or trade dress of Tess Creative in Canada. You may not use trademarks and trade dress owned by Tess Creative, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Tess Creative endorses any product or service. You may not reproduce or use Tess Creative’s trademarks or trade dress without the prior written permission of Tess Creative.
B. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Tess Creative or by any third party.
16. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. TO THE EXTENT PERMITTED BY LAW, ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED. TESS CREATIVE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES, AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER TESS CREATIVE NOR ANY SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR ANY RELIANCE ON SUCH INFORMATION, SERVICES OR CONTENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Content associated with your use of the Site.
You further understand and acknowledge that some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Tess Creative assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Content.
The Site is controlled and operated by Tess Creative from its offices in Ontario, Canada. Tess Creative makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to Canadian export restrictions.
Last Updated: May 12, 2015
Tess Creative Inc. (“Tess Creative
”) values and respects the privacy of its customers, service providers, agents and suppliers.
- Collection, Use and Disclosure of Personal Information
- Children’s Privacy
- Retention and Security
- Links to Non-Tess Creative websites
- Your Choices
- Contacting Us
B. Tess Creative Accountability
2. Collection, Use and Disclosure of Personal Information
A. Collection and Use
Personal information is information that may identify you, such as your name, your home address, telephone number, date of birth, your personal email address, and credit and debit card information, among other things. Tess Creative may collect personal information that you provide when you:
- Purchase products from Tess Creative;
- Contact Tess Creative;
- Visit our website at MisforMoney.ca; or
- Provide us with comments or suggestions.
Tess Creative may also collect information from public sources and from third parties where permitted by law. Below you will find specific information about Tess Creative’s online collection practices.
Collection of Information Online
Tess Creative may use third party companies to authenticate and validate the information you provide to Tess Creative. The information you provide while visiting MisforMoney.ca
may also be combined with marketing research from internal and external sources and may be used to determine informational preferences.
When you visit the Tess Creative website at MisforMoney.ca
, Tess Creative provides you with the opportunity to send Tess Creative information for inclusion on the Tess Creative website and also sign up for an email or mailing subscription. You may unsubscribe from Tess Creative’s email list by clicking on the unsubscribe link or unsubscribe from the email or mailing list by contacting Tess Creative as described below under “Contacting Us”.
Tess Creative may also collect information during your visit to the Tess Creative website through Automatic Data Collection Tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to its website such as your browser type and language, access times, and the address of the website that directed you to the Tess Creative website. They may also collect information about your Internet Protocol (“IP
”) address, mac address and clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with Tess Creative web pages). Tess Creative aggregates the data it collects about you with data on the pages visited by other users to track overall visitor traffic patterns. This information does not identify you personally and is used to make MisforMoney.ca
more responsive to the needs and preferences of users.
If you choose to purchase products or services online from MisforMoney.ca
, you will need to provide the following information so that we can fulfill your order:
- First and Last Name
- Contact Phone Number(s)
- Mailing Address
- Email Address
- Business Name (if applicable)
- Credit Card Information
We use this information for the purpose of fulfilling your order. Your order information will also be used to track and analyze business trends. This analysis allows Tess Creative to provide the highest quality products and services possible.
We request a phone number in case one of our representatives would need to reach you. We request your email address because we send a single email message acknowledging receipt of your order. This message contains a description of your purchase but it does NOT contain your credit card number.
B. Uses of Personal Information
In addition to the specific purposes described above, Tess Creative may use personal information to:
- Identify customers and to establish and maintain a relationship with them;
- Provide customers with ongoing service, including to process orders and to better assist customers;
- Improve our product offerings;
- Provide Tess Creative customers with information about other Tess Creative products that may be of interest to them;
- Protect against error and fraud; or
- Comply with contractual, legal and audit requirements.
Certain uses of your personal information by Tess Creative may be performed by Tess Creative service providers, agents and third parties.
Tess Creative retains a third party service provider to deliver credit card processing and payment services. Tess Creative policies require that service providers be required by contract to keep confidential the information received on behalf of Tess Creative and not use or disclose it for any purpose other than to carry out the services they are performing for Tess Creative.
C. Disclosure of Personal Information
Tess Creative will not sell, rent or lease your personal information to third parties.
3. Children’s Privacy
Tess Creative does not collect photographs of children of any age over the internet. Any drawings or letters and other materials created by children that are submitted via email will only be posted to the website after obtaining parental permission.
4. Retention and Security
Tess Creative retains personal information for as long as it is necessary to process related transactions, maintain appropriate financial and audit records, protect Tess Creative’s legitimate business interests and for as long as may be required by applicable laws.
All personal information collected by Tess Creative is protected by security measures appropriate to the sensitivity of the information. All personal information stored in electronic form, including all information collected through MisforMoney.ca
, is kept in confidential and secure database. It is Tess Creative’s policy that any paper records that contain personal information are kept in locked cabinets. Tess Creative evaluates its equipment and security procedures regularly and modifies them as necessary.
To prevent unauthorized access or disclosure, to maintain data accuracy, and to assist in the appropriate use of the information, Tess Creative utilizes physical, technical and administrative procedures to safeguard the information it collects.
When collecting or transferring information such as your name, address or credit card information, Tess Creative uses a variety of technologies and procedures designed to protect your personal information from unauthorized access, use or disclosure. The personal information you provide Tess Creative is stored on computer systems located in controlled facilities which have limited access. Tess Creative requires that highly confidential information be transmitted through the use of secure methods such as encryption and Secure Socket Layer (SSL) protocol.
Please do not transmit personal information (such as credit card numbers) using your personal email account. Common email providers typically do not automatically encrypt outgoing messages. If you receive an email or telemarketing call from someone claiming to represent Tess Creative and asking for your personal information, DO NOT RESPOND. If Tess Creative needs information from you online, Tess Creative will provide you with a secure online form. If Tess Creative needs information from you verbally, Tess Creative will request the information only when you initiate the call to Tess Creative.
5. Links to Non-Tess Creative Websites
6. Your Choices
A. How Tess Creative Obtains Your Consent
B. Withdrawal of Consent
You have the right to withdraw your consent to the further collection, use and disclosure of your personal information. If you request Tess Creative to do so, Tess Creative will take steps to destroy or delete active personal information that you have provided to us. Residual personal information may remain in archived records or other historical records. In addition, Tess Creative is not permitted to destroy business or accounting records of transactions that it is required to keep to: comply with statutory or other legal obligations, assert its legal rights or comply with its obligations to the provider of the credit card you used. However, Tess Creative will not use your personal information for other commercial purposes once you withdraw your consent.
In some circumstances, the withdrawal of consent to certain uses or disclosures of personal information may mean that Tess Creative is no longer able to provide certain products or services to you or Tess Creative may be unable to perform certain transactions for you.
You may withdraw your consent to the use of your personal information for the purpose of sending you information by email by unsubscribing. Each email will provide you with the opportunity to unsubscribe. In addition, you may unsubscribe at the website MisforMoney.ca
on the email sign-up page.
You may withdraw your consent to the use of Automatic Data Collection Tools by managing your privacy settings on your computer, your web browser and any privacy or security software that you operate on your computer. For more information please see the instructions that accompany your computer, web browser and privacy or security software.
If you have any questions about the withdrawal of consent to online collection of personal information, you may submit a written request to Tess Creative at the address set out below under “Contacting Us”.
When submitting a request, you will be asked to provide suitable identification or to otherwise identify yourself.
C. Individual Access to and Correction of Personal Information
Tess Creative strives to keep accurate information by using technology and management processes and policies. Upon receipt of a written request Tess Creative will provide individuals with reasonable access to the personal information they provided to Tess Creative as well as the ability to correct the information, if necessary.
To protect your privacy and security, Tess Creative will also take reasonable steps to verify your identity, before releasing any information to the requesting party and before any corrections will be made. Tess Creative reserves the right to request appropriate proof of the requested corrections.
To access the personal information provided to Tess Creative an individual must submit their request in writing to the address set out below under “Contacting Us”.
with an updated revision date. Tess Creative may also notify you by other means such as sending an email or posting a notice on the home page.
8. Contacting Us
Tess Creative values your opinions. If you have a privacy inquiry, compliment or complaint, you may contact Tess Creative by submitting an electronic request via MisforMoney.ca
, or a written request to:
Tess Creative Inc.
Attn: Teresa Cascioli