Terms of Service

The use of this website, SHISAKO (the “Website”), and any and all services on the Website, are operated and provided bySHISAKO DESIGN INC. (the “Company”). This Agreement shall govern the use of the Website and any services provided by the Company on the Website (collectively referred to as the “Services”). This Agreement also specifically incorporates by reference the Company’s Privacy Policy, available at the following link: [live link to Privacy Policy].The Company’s use of any personally identifiable information you provide via the Website shall be governed by the Company’s Privacy Policy. 

1. INTERPRETATION

The following words and phrases have the following meanings in this Agreement:

1. “Shisako”, “Shisako Design”, “Company”, “us”, “we” refers to Shisako Design Inc. as the creator, operator, and publisher of the Website, as well as all employees and affiliates of Shisako Design Inc. 

1. “User” or “you” refers to you, as a passive or active visitor to the Website, or as a User of any of the Services. If you represent any legal entity, such as a company, you warrant that you have all required legal authority to bind that legal entity to this Agreement. In that case, “you” or “User” will refer to the legal entity that you represent.

 

1. USE AND ACCEPTANCE

The Website is provided solely for your non-commercial use. You may access and use the Website only in accordance with all applicable laws and regulations and this Agreement. By visiting the Website or using the Services, you warrant that you have read and reviewed this Agreement and that you agree to be bound by its terms (the “Terms”). These Terms apply to all users of the Website, including but not limited to customers, browsers, and merchants.

 

The Company reserves the right to change the Terms at any time by posting updated Terms on the Website or by sending registered users an e-mail notice of the changes. Your continued use or accessing of the Services following any changes to the Agreement shall be deemed as acceptance of the change. These Terms do not alter in any way the terms of use of any other agreement you may have with the Company.

 

You acknowledge and agree that the Company may in its sole discretion and without notice to you, temporarily or permanently suspend, discontinue or refuse access to the Services to you.

 

1. AGE REQUIREMENT

 

You must be at least 18 years of age to use the Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. 

1. PRODUCTS

We reserve the right to limit the sales of our products (“Products”) or limit our Services in general to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. Certain Products or Services may have limited quantities, or may be available exclusively online through the Website. We reserve the right to limit the quantities of any Products or Services offered on the Website. All Products and Services are subject to our current Return Policy, and we recommend you review said Return Policy from time to time. Furthermore, we reserve the right to discontinue any Product or Service at any time. 

While we endeavor to accurately display and describe all Products and Services as accurately as possible, note that we cannot guarantee that your computer monitor's display of any Product color will be accurate. 

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1. MODIFICATIONS 

 

Product styles, Product and Services descriptions, and Product prices are subject to change at anytime without notice, at our sole discretion. We also reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any such modification, price change, suspension or discontinuance of any Product or Service.

1. USER ACCOUNT

 

You may be required to create a user account with a valid email address, username, and password. By creating a user account, you represent and warrant that all information is true and accurate. You agree to keep your user account login details confidential and secure, and you acknowledge and agree that you are solely responsible for the confidentiality of your user account. You are solely responsible for all activity on your user account, including but not limited to all purchases of Products through the Website even if, contrary to this Agreement, someone else uses your user account. 

You agree to immediately notify the Company of any unauthorized use of your account.

You acknowledge and agree that the Company may, to the extent permitted by applicable law, disclose your information if the Company is required to do so by law.

1. RETURNS AND EXCHANGES

 

You may cancel your order at any time prior to payment being processed on the Website.

We do not offer refunds or exchanges. 

Any Products marked “final purchase” or “final sale” may not be returned or exchanged. 

For all returns and exchanges, you are responsible for any and all shipping costs, including any import or export fees. 

 

1. AVAILABILITY OF PRODUCTS AND PRICING 

 

You acknowledge and agree that all orders for Products are subject to availability. The Company may experience a delay in manufacturing, a shortage of materials or an unforeseen delay from time to time (collectively, “Delay”). If a Delay occurs, the Company may suggest an alternative Product of equal or higher quality and value that you may substitute with the unavailable Product. If you decide not to modify your order for the substituted Product, the Company will process a refund for the paid Product.

 

The availability and pricing of Products is subject to change without notice. The Company reserves the right to inform clients when an error in pricing or availability occurs. 

 

1. BILLING INFORMATION AND LIMITATION OR CANCELLATION OF ORDERS 

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

 

We reserve the right to limit or prohibit or refuse any Product orders you place with us. Such restrictions may include Product orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

 

1. ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site 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. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

1. DELIVERY AND SHIPPING

 

You acknowledge and agree that Products available for purchase on the Website are only available for delivery within Canada and the United States of America. You will be provided an estimated delivery date at checkout before you place your order. The Company uses third party applications that estimate the shipping fees and delivery dates for your order. You agree that the Company is not responsible or liable for any error or inaccuracy caused by any such application, and you will not seek any compensation any such error or inaccuracy. You agree that the Company is not responsible for any error or inaccuracy caused by any such application.

 

1. THIRD PARTY HOST

 

Our Services are hosted by a third party platform (“Host”) that may change from time to time. Presently, our store is hosted on Shopify Inc. Your data may be stored on the Host’s secure server behind a firewall. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

 

If you choose a direct payment gateway to complete your purchase, the Host may store your credit card data, encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. 

 

We recommend you read the Host’s Terms of Servicehere or Privacy Statementhere.

 

1. LINKS TO OTHER WEBSITES

 

The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). The Company does not control nor does the Company examine or evaluate the contents of Third-Party Materials, and is not responsible for its content, products or services. You are strongly advised to read the terms and policies of all Third-Party Materials. The inclusion of any links to Third-Party Materials on the Website does not imply the Company’s endorsement of any information, content, products or services. 

 

If a third-party links to our Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third-party has linked to our Services. A website that links to our Services: (i) may link to, but not replicate, our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

 

1. OPTIONAL APPLICATIONS

 

The Company may provide you with access to third-party applications or tools (“Optional Application”) which the Company does not monitor or control. The Company may add or remove any Optional Application from the Website at its sole discretion. You acknowledge and agree that the Company only provides you with the option to access the Optional Application. Your use of the Optional Application is at your own risk, and the Company suggests you read the terms and policies of any Optional Application prior to using any such application. The Company shall not be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind with respect to your use of the Optional Application.

 

1. USER COMMENTS

 

You agree that the Company may copy, modify, publish, distribute or otherwise use any comment, feedback or submission (collectively, “Comment”) delivered by you to the Company, and that such Comment is not confidential. The Company will not compensate you for any Comment or the publication or distribution of the Comment. The Company may remove any Comment from the Services at any time without notice to you. You agree that any Comment you publish on the Website will not any third-party right, be offensive, threatening, defamatory or otherwise objectionable. You agree not to use a false identity to publish any Comment.

 

1. PROHIBITED USES

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or its content to or for: (i) resell any Products purchased through the Website; (ii) download, collect or use any Product images, slogans, names or descriptions; (iii) create a false identity; (iv) attempt to access, access or alter any systems or servers associated with the Website; (v) download, extract or otherwise obtain any meta tags or any other information relating to the Company or Product names; (vi) for any unlawful purpose; (vii) solicit others to perform or participate in any unlawful acts; (viii) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (ix) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (x) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on any basis whatsoever, including but not limited to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (xi) submit false or misleading information; (xii) upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (xiii) collect or track the personal information of the Company or others; (xiv) spam, phish, pharm, pretext, spider, crawl, or scrape; (xv) any obscene or immoral purpose; or (xvi) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

 

You agree not to copy, sell or exploit the Services or any portion thereof. You must not introduce any virus, Trojans, worms or other malicious material into the Website. You agree that you will not attempt to gain unauthorized access to the Website and any servers or cloud services associated with the Website. 

 

The Company reserves the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

 

1. INTELLECTUAL PROPERTY RIGHTS 

 

You agree that Company and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, “Shisako Design”, “Shisako” and any other trademarks or service marks found on the Website. The Company's intellectual property also includes a copyright in the entirety of the underlying Website. You agree that the Company owns all right, title, and interest in, and to, the Company's intellectual property, and that you will not use the Company's intellectual property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company's intellectual property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.

 

1. REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

 

1. scan or probe the underlying structure of the Services;

 

1. reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on Services;

 

1. violate the security of the Company and the Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User, or network;

 

1. use bots, web crawlers, or any similar devices or online tools to access or index data from the Services;

 

1. attempt to disrupt the experience of other Users on the Services in any way;

 

1. disseminate any virus or other bad code which could harm the Services or the Company, or any device of any User, specifically including files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

 

1. undertake any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large load on the infrastructure of the Services.

 

Any violations of this clause will be grounds for immediate termination of this Agreement by the Company. Additionally, the Company hereby reserve all rights to pursue any and all legal actions for a violation of this clause, including the seeking of monetary and injunctive relief.

 

1. GEOGRAPHIC RESTRICTIONS

 

The Company is based in Canada and make no claims that the Services or any of its content is accessible or appropriate outside of Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

 

1. DISCLAIMER OF WARRANTY

 

You agree that your use of the Services is solely at your own risk. You agree that the Services are provided on an "as is" and "as available" basis. The Company expressly disclaim all representations, warranties and conditions of any kind, whether express or implied, with respect to the Services, Optional Applications and Products, including but not limited to the implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose, title and non-infringement. 

 

The Company makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor does the Company make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, cellular device or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from the Company or through the Services shall create any warranty not expressly made herein. The Services may contain errors or inaccuracies which the Company reserves the right to correct. 

 

1. LIMITATION OF LIABILITY

 

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, contractors, agents, suppliers or licensors be liable to you or any person which you are responsible for at law for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Company has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Company and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Company during the one (1) month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within 1 (one) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

1. INDEMNIFICATION

 

You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, contractors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website or Services or any willful misconduct on your part, including but not limited to any content you may directly or indirectly upload or publish on or through the Services.

 

1. SEVERABILITY

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

1. GENERAL PROVISIONS:

 

1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. The language of this Agreement as a whole is English. If this Agreement is translated into a version other than English, and conflicts arise between the two versions, the English language version will control.

 

1. JURISDICTION, VENUE AND CHOICE OF LAW: Through your use of the Services, you agree that the laws of the Province of British Columbia, Canada shall govern any matter or dispute relating to, or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its Conflict of Law provisions. In case any litigation specifically permitted under this Agreement is initiated, you agree to submit to the personal jurisdiction of the Province of British Columbia, Canada. You agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue.

 

1. ARBITRATION: In case of a dispute between the parties hereto relating to, or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in British Columbia, Canada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Canadian law. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company, as well as claims by the Company arising under Article 10 (including, but not limited to, hacking, cyber mining, or security breaches), will not be subject to arbitration and may, as an exception to this subpart, be litigated. The parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. 

 

1. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and enure to any assignees, administrators, representatives, successors, or executors.

 

1. NO WAIVER: If the Company fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

 

1. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.

 

1. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, employment, partnership, or joint venture has been created between the parties as a result of this Agreement. No party has any authority to bind the other to third parties.

 

1. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, epidemics, pandemics, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

1. ELECTRONIC COMMUNICATIONS PERMITTED: By registering with the Company, or by using the Services in any manner, you have created a commercial relationship with the Company. As such, you agree that any email or text messages sent from the Company or third-party affiliates, even unsolicited emails, shall specifically not be considered spam, as that term is legally defined. For any questions or concerns, please email us at the address provided below. 

 

1. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between you and us with respect to any and all use of the Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Services.

 

1. CONTACTING US

 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to hi@shisako.com.