Terms and Conditions

This site is operated by PASSIONS CREATE WAVES as well as any other products and services that refer or link to these Legal Terms (collectively, the ‘Services’). Throughout the site, the terms “we”, “our”, and “I” refer to PASSIONS CREATE WAVES.

These terms constitute a legally binding agreement between you, whether personally or acting on behalf of an entity (‘you’), and PASSIONS CREATE WAVES, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these legal terms. If you do not agree with all of the terms and conditions of this agreement, then you may not access the website or use any of the Services.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the legal terms at any time and for any reason. It is your responsibility to periodically review these legal terms. Your continued use of the Services after the date such revised legal terms are posted constitutes an acceptance of these changes.

Our store is hosted by Squarespace. They provide us with an e-commerce platform that allows us to our products and Services to you online.

Section 1 - OUR SERVICES

By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence. All users who are minors in the jurisdiction in which they reside must have permission from, or be directly supervised by, their parent or legal guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these legal terms before using the Services.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.

You understand that your content (not including credit card information), may be transferred, unencrypted, and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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

A breach or violation of any of these legal terms will result in the immediate termination of your Services.

Section 2 - INTELLECTUAL PROPERTY

We are the owner or licensee of all videos, photographs, designs, and artistic works in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, logos, and brands contained therein (the ‘Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) around the world.

You agree to not 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 website throughout which the Service is provided, without express written permission by us.

submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree to assign us all intellectual property rights in such submission. You agree that we shall be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You agree that you are responsible for your submissions and that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms and Conditions. You further agree that your submissions will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could affect the operation of the Service in any way. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any submissions. You are solely responsible for your submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

Section 3 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services are available exclusively online through our website. These products or Services may be limited in quantity and are subject to return or exchange according to our Refund Policy.

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Furthermore, we do not warrant that the quality of the 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.

All products are subject to availability. 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 reserve the right to discontinue any product at any time and for any reason. All descriptions or prices for products are subject to change at any time without notice, at our sole discretion.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 4 - ACCURACY OF BILLING AND PAYMENTS

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 credit card, and/or orders that use the same billing address and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, 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 via the Services. you further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Section 5 - THIRD-PARTY LINKS

The Services may contain (or you be sent via the site) links to other websites (“Third-Party Websites”). Such Third-Party Websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any third-party content posted on, available through, or installed from the Services. 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 Websites or materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any purchases made through Third-Party Websites or any harm or damages related to the purchase of our goods, Services, resources, or content. Please review all applicable terms and policies, including privacy and data-gathering practices before you engage in any transactions. Complaints, concerns, claims, or questions regarding third-party products should be directed to the third-party.

Section 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control no 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-parties.

Any use by you of the optional tools offered throughout 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 thrid-party provider(s).

Any new Services and/or features that may be added in the future through the website shall be subject to these Terms and Conditions.

Section 7 - SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of the legal terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these legal terms, including without limitation, reporting such user to law enforcement authorities; (3) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Section 8 - PERSONAL INFORMATION

Your submission of your personal information is governed by our Privacy Policy.

Section 9 - CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice or cancel any orders with informational inaccuracies.

Section 10 - PROHIBITED ACTIVITIES

In addition to any other restrictions outlined in the Terms of Service, you are expressly prohibited from using the website or its content for the following purposes:
(a) engaging in any unlawful activity; (b) encouraging or soliciting others to engage in illegal acts; (c) violating any applicable local, regional, national, or international laws, regulations, or rules; (d) infringing upon or breaching our intellectual property rights, or those of any third party; (e) engaging in behaviour that is harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminatory on the grounds of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false, misleading, or deceptive information; (g) uploading or transmitting viruses or any other form of malicious code that may damage, interfere with, or impair the functionality of the Service, any associated websites, other websites, or the Internet; (h) collecting or tracking the personal information of others without consent; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the website for any obscene or immoral purposes; or (k) attempting to interfere with or bypass the security features of the Service, any related website, or the Internet.

We reserve the right to suspend or terminate your access to the Service or any related website should you violate any of these prohibited uses, in accordance with applicable laws.

Section 11 - DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, promise, or warrant that your use of our Service will be uninterrupted, timely, secure, or free from errors.
We make no assurances that the results obtained from using the Service will be accurate or reliable.

You acknowledge and agree that we may, at any time and without notice, suspend or discontinue the Service for an indefinite period or cancel the Service entirely. Your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and services provided through it are delivered "as is" and "as available" for your use, unless explicitly stated otherwise by us. This includes all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall PASSIONS CREATE WAVES, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be held responsible for any injury, loss, claim, or damages of any kind. This includes, but is not limited to, direct, indirect, incidental, punitive, special, or consequential damages, such as loss of profits, revenue, savings, data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise. These damages may arise from your use of the Service or any products obtained through it, or from any related claim, including but not limited to errors, omissions, or losses caused by the use of the Service, its content, or any product made available through it, even if we have been advised of the possibility of such damages.

As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such cases, our liability will be limited to the fullest extent permitted by law.

Section 12 - INDEMNIFICATION

You agree to defend, indemnify, and hold PASSIONS CREATE WAVES harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your violation of these Terms and Conditions, or the documents they incorporate by reference, or your violations of any law or rights of a third-party.

Section 13 - SEVERABILITY

The obligations and liabilities of the parties arising prior to the termination date shall remain in effect even after this agreement is terminated, for all applicable purposes.

These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing your use of our site.

If, in our sole discretion, we determine that you have failed, or we suspect that you have failed, to comply with any term or condition of these Terms of Service, we reserve the right to terminate this agreement at any time without notice. In such cases, you will remain responsible for all amounts owed up to and including the termination date. Additionally, we may deny you access to our Services (or any part of them) as a result.

Section 14 - TERMINATION

The obligations and liabilities of both parties that arose prior to the termination date will continue to apply even after this agreement has been terminated, for all relevant purposes.

These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing your use of our site.

If we determine, at our sole discretion, that you have failed—or we suspect that you have failed—to comply with any term or condition of these Terms of Service, we reserve the right to terminate this agreement at any time without prior notice. In such a case, you will remain responsible for any amounts owed up to and including the termination date. Additionally, we may restrict or deny you access to our Services (or any portion of them) as deemed necessary.

Section 15 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by construed in accordance with the laws of Australia.

Section 16 - AGREEMENT

Our failure to exercise or enforce any right or provision outlined in these Terms of Service shall not be considered a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules we have posted on this site or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, replacing any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including any earlier versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.

Section 17 - MODIFICATIONS TO TERMS AND CONDITIONS

You may review the most up-to-date version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes.

Your continued use of or access to our website or the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

Section 18 - CONTACT US

Questions about the Terms of Service or to resolve a complaint regarding these Legal Terms or the Services, please contact us.

Our contact information is posted below:

PASSIONS CREATE WAVES
passionscreatewaves@gmail.com