Terms of Use

TERMS OF USE

Effective: March 24th 2022

By using this website (wanderingstar.ca) (“SITE”) or by installing the Wandering Star app (“APP”), please read these Terms of Use (“TERMS”) carefully. By executing these Terms with Wandering Star Ventures Inc. (“WANDERING STAR”, “WE”, “US”, “OUR”), by creating an account on the Site or the App, by using the Site or by installing the App, you, or any entities you represent, agree to be bound by these Terms.

If you do not agree to these Terms, please leave the Site, or uninstall the App now. Use of this Site or App is voided where prohibited.

 

OVERVIEW

The Site and the App are operated by Wandering Star. Wandering Star offers this Site and App, including all information, tools and services available from the Site and App to you (“SERVICE”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
 
By visiting our Site, purchasing something from us and/or installing our App, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site and App, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 
Please read these Terms carefully before accessing or using our Site and App. By accessing or using any part of the Site and App, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, App or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
 
Any new features or tools which are added to the current Site and App shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or App following the posting of any changes constitutes acceptance of those changes.
 
Our site is hosted on Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products and services to you.

 

SECTION 1 – TERMS AND ACCESS

By agreeing to these terms, you agree that you are at least the age of majority in your state or province or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use this Site and App.

You may not use our products, Site, or App for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You must keep your account details safe.

If you choose, or are provided with, a user identification code, password or any other piece of information, including any nickname(s) in the App, as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions in these Terms, or if are required by law.

If you know or suspect that anyone other than you know your user identification code, password, or any nickname(s), you must promptly notify us at support@wanderingstar.ca.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – ACCESS BY CHILDREN

The Site is intended for adult use. Only persons who have reached the age of majority in your state or province or jurisdiction of residence may make purchases on the Site. Any person under the age of majority in your state or province or jurisdiction of residence wishing to purchase products on the Site must do so with the involvement or consent of a parent or guardian.

Our App is aimed at users of various ages. There are, however, no age barriers to the App. Users of our App under the age of 13 should only use the App with the permission of an adult or guardian. Contributions submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use our App that it is important to communicate with the minors about their safety online. If you permit a minor to use a device to access, view or listen to content on the App, you are solely responsible for deciding whether or not that content is appropriate for that minor.

 

SECTION 3 – PRIVACY

The use of any information you provide in connection with the use of the Site and App is governed by and set forth in our Privacy Policy. Please review the Privacy Policy here.

 

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site or App through which the service is provided, without express written permission by us.

We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on the Site and the App. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text for any commercial purpose.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 5 – APPLE APP USERS

If you access our Service and App on the Apple platform, the following additional terms apply to you.

Acknowledgement:

  • You acknowledge that these Terms are concluded between you and Wandering Star only, not with Apple, and that we, not Apple, are solely responsible for our Service and the content on the site and app.

Scope of license:

  • Your license to use the Service is limited to a non-transferable license to use the Services on any Apple-branded product that you, or the user, owns or controls and as permitted by the usage roles set forth in the Apple App Store Terms of Service, except that the Service may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Maintenance and support:

  • You acknowledge that Apple has no obligation whatsoever to provide any maintenance and/or support services with respect to the Service. Apple will have no warranty obligations whatsoever, to the maximum extent permitted by applicable law, with respect to the Service.

Product claims:

  • You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party related to the Service or your possession and/or use of the Service, including, but not limited to:
  • product liability claims;
  • any claim that the Service fail to conform to any applicable legal or regulator requirement; and
  • claims arising under consumer protection, privacy or similar legislation, including our (if applicable) use of the HealthKit and HomeKit frameworks.

Intellectual property rights:

  • You acknowledge that, in the event of any third-party claim, that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal compliance:

  • You represent and warrant that:
  • you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a “terrorist supporting” country; and
  • you are not listed on any US Government list of prohibited or restricted parties.

Third party terms of agreement:

  • You acknowledge and agree that Apple, and Apple subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we strive to provide accurate and current information on the Site and App, we cannot guarantee the information made available on this Site is not accurate, complete, or current, and there may be technical inaccuracies or typographical errors on the Site or App.

The material on this Site and App are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

The Site and App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site and App at any time, but we have no obligation to update any information on our Site and App. You agree that it is your responsibility to monitor changes to our Site and App.

 

SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to change the prices, fees and charges regarding the goods and services available on the Site and App at any time without any notice or liability to you or any other person.

Additionally, we reserve the right at any time to modify or discontinue the Service (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 modification, misprint, errors, price change, suspension, or discontinuance of the Service.

 

SECTION 8 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site and App. We cannot guarantee that your computer monitor, or handheld device’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

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.

 

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at on our Site. You agree to promptly update your 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.
 
 For more detail, please review our Refund Policy.

 

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third party tools over 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Site and App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

SECTION 11 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this Site and App may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully 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 should be directed to the third party.

 

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

 

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site, App 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, availability, storyline and descriptions. 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.

Wandering Star reserves the right to change the prices, fees and charges regarding the products and Service on the Site at any time without any notice or liability to you or any other person.

 

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site and App or the content on the Site and App:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Wandering Star will fully cooperate with any law enforcement or court orders requesting or instructing us to disclose the identify of anyone posting such information or materials or engaging in such behaviour.

 

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, 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.

In no case shall Wandering Star, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Without limiting the generality of the foregoing, we assume no responsibility, and shall not be liable for any viruses, trojan horses, worms, or other destructive or disruptive components that may infect your computer equipment, handheld device, or other property, on account of your browsing, through, access to, or use of the Site, nor downloading or installing the App, nor downloading of any materials images, content, data, audio or video from the Site or the App.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Check your local laws for any further restrictions or limitations regarding the exclusion of implied warranties.

 

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wandering Star and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. You will assist and co-operate as reasonably required by the indemnified parties in defense of any such claim or demand.

Advice and information provided by Wandering Star or its representatives, whether it be oral or written, will not amend of vary this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and cannot be interpreted as any representation, warranty or condition. You may not rely upon any such advice or information.

The disclaimer, liability exclusion, liability limitation, release and indemnity provisions in these terms survive indefinitely after the termination of these Terms­.

 

SECTION 18 – SEVERABILITY

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

 

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site or App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 20 – ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us on this Site or our App or in respect to the Service constitutes the entire Terms and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Terms, agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 21 – GOVERNING LAW/DISPUTE RESOLUTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

 

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page or in our App.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site or in our App. It is your responsibility to check our Site or our App periodically for any such changes. Your continued use of or access to our Site or App or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

SECTION 23 – CONTACT INFORMATION

Questions about these Terms should be sent to us at:

Wandering Star

1275 West 6th Avenue, Unit 300

Vancouver BC

V6H 1A6

Canada