Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.MillarArt.com, operated by Andrew Millar. Your access to and use of MillarArt.com is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use MillarArt.com.
Please read this agreement carefully as it governs the terms of use of the www.millarart.com website (herein known as “the website” or “this website”).
Agreement Acceptance
This agreement is between you and all persons you represent (including natural persons and any type of incorporated or unincorporated entity, herein known as “the user”) and Andrew Millar, regarding the access and use of this website, including all content, information, products and services available on or through the website.
With every visit to this website you, the user signify your acceptance and agreement to be bound by this agreement as it reads at the time of the visit and by visiting this website represent and warrant that you, the user have the legal authority to agree to and accept this agreement. If you do not or cannot agree with each provision of this agreement you may not access or use this website.
This agreement, your access to and use of the website, and all related matters are governed solely by the laws of Alberta, Canada and applicable federal laws of Canada. Any dispute between you and Andrew Millar or any other person arising from, connected with or relating to the website, this agreement, or any related matters (collectively “disputes”) will be resolved before the courts of Alberta, sitting in the City of Calgary, and you hereby irrevocably submit and agree to the original and exclusive jurisdiction of those courts in respect of all disputes.
If any provision of this agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect.
Permitted Website Use
General use
You the user, can use this website only if you are a legal resident of Canada, have reached the age of majority in the province or territory where you live and can form legally binding contracts under applicable law. You may not use this website if doing so in your jurisdiction may be considered illegal or prohibited. It is your sole responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws. Andrew Millar reserves the right to request proof of age and identification and will only ship to a confirmed address located within Canada.
Linking to www.MillarArt.com
Linking to any part of this website without permission is strictly prohibited. To request permission, please send an email to andrew@millarart.com. Andrew Millar reserves the right to cancel and revoke any permission to link to the website at any time and without any notice or liability.
Copying or distributing content
Copying, distributing, mirroring, scraping or data-mining of this website or any of its content is strictly prohibited.
User profiles and login
For certain parts of the website you will be required to have / create a customer profile with a username and password, this profile will remain the property of Andrew Millar and may be cancelled or suspended at any time and for any reason by Andrew Millar in his discretion without any notice or liability to you or any other persons.
Andrew Millar is not responsible for verifying the actual identity or authority of any person using your customer profile on this website.
You are fully responsible for the security of any usernames or passwords associated with your customer profile and any and all use or misuse of your profile or the information contained within.
Personal information
Information accuracy
All personal information submitted to the website must be true, accurate, current and complete. Andrew Millar will rely on the information you submit. You will be solely responsible for and liable for any damage, loss or additional costs as a result of any false, incorrect, incomplete or out of date information.
Information collection and use
Andrew Millar collects and uses your personal information in accordance with our privacy policy, that may be changed from time to time without notice or liability by Andrew Millar. By visiting this website and accepting this agreement, your consent to the collection, use and disclosure of your personal information by Andrew Millar in accordance to our privacy policy as it then reads.
Agreement changes
At the sole discretion of Andrew Millar, this agreement may be changed and or updated at any time without any notice or liability to you or any other persons. By using the website after this revised agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You the user may not change this agreement in any way whatsoever.
Errors and omissions
Andrew Millar strives to ensure the accuracy of all information on the website. However, errors, misprints, inaccuracies, omissions and other errors may occur.
Andrew Millar does not take responsibility for any errors, misprints, inaccuracies, omissions or any other inaccuracies in any part of the website, including but not limited to pricing, product information / specifications, or item availability.
Andrew Millar reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other persons.
Andrew Millar reserves the right to change or update any products or services and any information related to those products or services at any time without prior notice or liability to you or any other persons.
Disclaimer
Access to and use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, resale value, performance, or durability, all of which are disclaimed by Andrew Millar to the fullest extent permitted by law.
Andrew Millar and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Andrew Millar or any person for whom Andrew Millar is responsible, and even if Andrew Millar has been advised of the possibility of such loss or damage being incurred.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
Contact Us
If you have any questions about these Terms, please contact us.
Updated May 7th, 2020