Terms and Service

VERVIEW

Welcome to Emily Trading Inc! The terms “we”, “us”, and “our” refer to Emily Trading Inc. Emily Trading Inc operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Emily Trading Inc is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully because they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT

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 and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or control.

In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, including your email address and billing, payment, and delivery information. You represent and warrant that all information you provide on our stores is accurate, current, and complete, and that you have the legal right to provide such information.

You are solely responsible for maintaining the security of your account login information and for all activities under your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of the products may vary from those shown on your screen depending on the device you use to access the store, as well as its settings and configuration.

We make no warranty that the appearance or quality of any products or services you purchase will meet your expectations or correspond to those depicted in our online stores.

All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – ORDERS

By placing an order, you are submitting an offer to purchase. Emily Trading Inc reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is not considered accepted until confirmed by Emily Trading Inc. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Emily Trading Inc may not be able to honor cancellation requests after an order has been accepted. In the event that we cannot accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

The return or exchange of your purchases will only be accepted in accordance with our Right of Withdrawal.

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set forth in the order confirmation emailed to you. Unless expressly stated otherwise, prices quoted do not include any taxes, shipping, handling, customs, or import fees.

Prices quoted on our online stores may differ from prices in brick-and-mortar stores or from online or other stores operated by third parties. We may, from time to time, offer promotions for the Services that may affect pricing and may have different terms and conditions than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) any charges you incur will be honored by your credit card company, and (iv) you will pay any charges you incur at the posted prices, including shipping and service charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our reasonable control. Once we transfer the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, trade dress, text, artwork, images, graphics, product reviews, video and audio files, as well as the design, selection, and arrangement thereof, are owned by Emily Trading Inc, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants you, nor shall any such grant be inferred from these Terms of Service, any license or other right to any patent, trademark, copyright, or other intellectual property of Emily Trading Inc, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Emily Trading Inc.

Emily Trading Inc names, logos, product and service names, designs, and slogans are trademarks of Emily Trading Inc or its affiliates or licensors. You may not use these trademarks without Emily Trading Inc’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which tools are provided by any third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features are also considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damage or loss of any kind that may arise from your access to third-party websites or from your purchase or use of any products, services, resources, or content available on such third-party websites. You should carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Emily Trading Inc is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make on our store are conducted directly with Emily Trading Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and Emily Trading Inc, including any injuries, damages, or losses that may arise from any purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Emily Trading Inc.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here . In addition, certain personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by WordPress, WordPress collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services will be shared with WordPress, as well as with third parties who may be located in countries other than your country of residence to provide the Services to you. Please see our Privacy Policy for more information about how we, WordPress, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have full and complete control over all Feedback content; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) maintain your Feedback in confidence, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.

We reserve the right, but have no obligation, to monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You represent that your Feedback does not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent and warrant that your feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements and will not contain any computer virus or other malware that could affect the operation of the Services or any related website. You will not use a false email address, impersonate any person, or otherwise mislead us or third-parties as to the origin of any feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for any feedback posted by you or any third-party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the case of inaccurate information, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not conform to these Terms of Service; (g) to transmit or procure the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits the use and enjoyment of the Services, or which, in our sole discretion, may harm Emily Trading Inc, WordPress, or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in any spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may, at our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented in or through the Services is for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Your reliance on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY PROVIDED BY Emily Trading Inc, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Emily Trading Inc, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, COSTS OF REPLACEMENT, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND THAT RESULT FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 17 – INDEMNITY

You agree to indemnify, defend, and hold harmless Emily Trading Inc, WordPress, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that our failure to provide prompt notice will not relieve you of your obligations unless you are materially disadvantaged. We may manage the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring you to make non-monetary commitments without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be in effect to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER, ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Emily Trading Inc is headquartered. You and Emily Trading Inc consent to the venue and personal jurisdiction of such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not affect these Terms of Service.

SECTION 23 – CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for any changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will be effective on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Our contact information is listed below:

Emily Trading Inc is operated by Emily Trading Inc, a company registered in the Canada.

Store Name: Emily Trading Inc
Legal Business Name: Emily Trading Inc
Company Number: 1663571-7
Support Email: support@emilytradinginc.com
Phone Number: +1 (365) 996-5774
Address: 4526 Penhallow Rd, Mississauga ON, L5V 1E, Canada
Business Hours: Monday – Friday (9:00 AM – 5:00 PM)