Terms of Service & Privacy Policy

These Terms of Service (the “Terms”) govern your (“you”, “your”) access to and use of the website and services (collectively, the “Services”) offered by ARTISHOUSE SERVICES LIMITED (“we”, “us” or “our”).

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.

1. SERVICES & FEES. Subject to the terms and conditions herein, and the payment of any applicable fees (the “Fees”) for Services set out in our website, and any other applicable terms for Services set out in our website, we provide you with access and use of our website and such applicable Services. Unless otherwise set out in our website: (a) the Fees will be paid in advance of the Services being provided, and we will have no obligation to provide the Services prior to receiving the Fees in full; and (b) the Fees are non-refundable. Any change in the Services requested by you may incur additional fees.

2. MARKETING COMMUNICATIONS. You hereby consent to receive marketing communications from us via email, or any other form of communication, from time to time. You may opt-out at any time from such communications by emailing us. However, opting out of certain communications may affect your ability to use the Services. You hereby consent to our retaining and storing any personal information provided by you through your access and use of the Services, such as name, address, telephone number and purchasing information, for the purpose of: (a) providing the Services; (b) conducting internal reviews and improvements relating to the Services; and
(c) keeping a record for legal purposes.

3. INTELLECTUAL PROPERTY. Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in the content and data you submit (collectively, the “Customer Data”) to the Services, and we own all intellectual property rights in the Services, and all related components and information therein. You grant us a limited, non-exclusive, worldwide, royalty-free license to use the Customer Data for the purpose of providing you the Services. We will retain and will own a copy of any non-personally identifiable or aggregated information and/or data generated and/or collected by us in your use of the Services.

4. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, SUITABILITY, UPTIME, QUALITY, ACCURACY, SITE SPEEDS, TRAFFIC RESULTS, DELIVERY RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USING THE SERVICES. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES.

5. RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE CUSTOMER DATA YOU PROVIDE US.

6. GENERAL. We may modify these Terms at any time, so please review them periodically. By continuing to use the Services after any modification, you consent to be bound by the modified Terms. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. Unless otherwise expressly agreed between us in writing, these Terms, together with our Privacy Policy, constitute the entire agreement with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. The invalidity or unenforceability of any provisions of these Terms will not affect the validity or enforceability of any other provision of these Terms, which will remain in full force and effect. The parties are independent contractors, and these Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. If we are prevented from or interfered with in any manner whatsoever, or otherwise delayed, in performing the Services or any other obligations hereunder, by reason of any event beyond our reasonable control, then our non-performance will not be deemed a breach of these Terms provided that notice is given to you without delay, and our obligations hereunder will be extended by such reasonable amount of time determined by us in good faith. Any notice, report or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known address or email address. These Terms may not be assigned by you. We may assign these Terms at any time and from time to time upon delivery of notice to you. These Terms will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVIDING THE SERVICES.

This Privacy Policy (the “Privacy Policy”) explains how ARTISHOUSE SERVICES LIMITED (“we”, “us” or “our”), collects, uses, discloses
and retains personal information that you (“you” or “your”) provide to us or which we otherwise collect from you when you access and use our
website and services (collectively, the “Services”). The terms of this Privacy Policy are incorporated into and form part of our Terms of Service.
To the extent of any conflict between this Privacy Policy and the Terms of Service, the Terms of Service will apply.

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT
AGREE WITH THIS PRIVACY POLICY, DO NOT ACCESS AND USE THE SERVICES.

1. COLLECTION AND USE. For the purposes of this Privacy Policy, “Personal Information” means information that can be used to identify you (e.g., name, age, address, phone number). The following describes the Personal Information that we collect, and why and how we collect it:

(a) What? Personal Information that we may collect includes, but is not limited to: (i) your full name, address, email and phone number; (ii) payment information; and (iii) usage information pertaining to your use of the Services.

(b) Why? We may collect your Personal Information for the following purposes (the “Purposes”): (i) to provide the Services; (ii) to conduct internal reviews and improvements relating to the Services; (iii) to keep a record for legal purposes; and (iv) to carry out any other purpose which is disclosed to you and for which you consent, or is otherwise permitted by applicable law.

(c) How? We may collect Personal Information from you, and any devices you use, through: (i) your access and use of the Services;
(ii) our use of cookies and similar technologies to track and analyze user activity; and (iii) our use of web analytics services. We may also collect Personal Information from third parties. We will protect any Personal Information we receive according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the Personal Information and applicable laws. We only collect and use Personal Information to the extent necessary to fulfill the Purposes.

2. DISCLOSURE. Here we describe when and how we may disclose Personal Information.

(a) Why? We may disclose Personal Information as follows: (i) to third-party service providers in order to help us fulfill the Purposes (e.g., payment processors, web analytics services); (ii) to affiliates or third parties in the event of a proposed reorganization, merger, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements; and (iii) to the extent disclosure is required or permitted by applicable law.

(b) How? We only disclose Personal Information to the extent necessary to fulfill the Purposes, or as otherwise provided in this Privacy Policy. We take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with when we disclose Personal Information to third parties. This may include, without limitation, obtaining contractual guarantees from third parties to implement appropriate technical and organizational measures in accordance with applicable law. Personal Information may be stored and processed in any country where we have facilities or in which we engage third-party service providers. By using our Services, and/or otherwise providing us your Personal Information, you consent to the transfer of your Personal Information to countries outside of your country of residence. While such information is outside of Canada it is subject to the laws of the country in which it is held, which may have different Personal Information protection laws, and may be subject to disclosure to the governments, courts, law enforcement or regulatory agencies of such other country. However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy.

3. CONSENT. We will not process your Personal Information without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied, depending on the nature and sensitivity of the Personal Information, your reasonable expectations, and the circumstances surrounding the collection of the Personal Information. Express consent is when you willingly agree (e.g., orally or in writing) to the processing of your Personal Information for particular purposes. Implied consent is when:
(a) you do not expressly give consent, but you volunteer Personal Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your Personal Information being processed for specified purposes, and you do not opt-out.

4. RETENTION. We will retain your Personal Information as long as necessary to: (a) fulfill the Purposes; (b) protect our legal rights; and
(c) comply with applicable law. We will securely delete or anonymize the Personal Information once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of any such disposal of Personal Information.

5. SECURITY. We utilize commercially reasonable security procedures and practices appropriate to the nature of the Personal Information we collect, use, and store. We do this to minimize the risks of loss, misuse, unauthorized access, disclosure, and alteration of Personal Information. However, no method of storage or transmission over the Internet is 100% secure. Therefore, we cannot guarantee its absolute security.

6. RIGHTS. You have certain rights relating to your Personal Information, subject to applicable law, including without limitation: (a) the right to withdraw your consent to the processing of your Personal Information at any time (but please note that withdrawing your consent to the processing of Personal Information may impact your ability to use the Services); (b) the right to make a complaint regarding the processing of your Personal Information; (c) the right to a copy of your Personal Information; and (d) the right to correction of your Personal Information. If you would like to exercise any applicable rights, please contact us as set out below.

7. GENERAL. We may modify this Privacy Policy at any time by posting the modified version to the Site, so please review it periodically. By continuing to use the Services after any modification, you agree to be bound by the modified Privacy Policy. This Privacy Policy is governed by the laws of British Columbia. If you have any questions about this Privacy Policy, please contact us at: [email protected].