Art East Quilting Inc. General Terms and Conditions (the “Terms”) govern your rights and obligations in connection with the use of services provided by Art East Quilting Inc. (the “Services”), offered mainly through our website (the “Website”). These Terms set forth the general terms and conditions of your use of the Website and Services. Please read these Terms carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms.
- INTRODUCTION
- These Terms govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by Art East Quilting Inc. doing business as Art East Qulting, a corporation formed under the Provincial Laws of Nova Scotia (“Art East Quilting”, “we”, “our”, “AEQ” or the “Provider”).
- Art East Quilting offers this website, including all information, tools and services available from this site to you, the user, conditional to your acceptance of all terms, conditions, policies and notices stated here.
- By using our website and/or purchasing Services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- By registering on our Website or accessing and using the Website and Services, you acknowledge that you have entered into an agreement, the subject of which is the provision of Services of your choice, with the Provider and have read, understood, and agreed to be bound by the Terms. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement. The Terms form an essential part of such agreement and by executing the agreement with the Provider, you express your agreement to these Terms.
- 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 Website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- DEFINITIONS & ABBREVIATIONS
- For the purposes of the Terms, the following definitions shall have the following meanings:
- “Calendar day” means the period from midnight to midnight of the time currently valid in Halifax, Nova Scotia, Canada (Atlantic Time - ADT);
- “Content” means the Website and all Services, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Website and the Services;
- “Customer” means the user of the Services.
- “Schedules” means Schedules 1 and 2, which are part of these Terms;
- “Services” means the provision of services made available via the website or products that are available for sale.
- “Terms” means these General Terms and Conditions of Art East Quilting;
- “Website” means the website https://arteastquiltingco.com/;
- OUR SERVICES
- You may access the Services through the Website by completing the registration accessing the online shop.
- All data and information that you provide to us through the order form or registration process or otherwise must be complete, accurate, true, and up-to-date. You must immediately notify us of any change in your data or update the data with your online registration.
- The Customer is responsible for maintaining up-to-date, accurate information; the Provider is not obligated to verify the data. Providing false information of any kind may result in the termination or rejection of your account or order. Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services.
- USING THE WEBSITE, SERVICES AND OTHER CONTENT
- The Website and all Services, data, information, multimedia elements such as texts, drawings, graphics, design, icons, patterns, blogs, rsources, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations, and are the property of the Provider or the Provider’s licensors. You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on the Website by Provider, are common law or registered trademarks owned by or licensed to the Provider.
- Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of the Provider’s or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third parties. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of the Provider. You cannot modify, distribute or re-post anything on the Website for any purpose.
- The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Services or the product available for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The products are not or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.
- Provider names and logos and all related products, Services and slogans are the trademarks or service marks of the Providers. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark in any manner. All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors, and the Provider does not grant you any authorization to use them.
- Except for the rights expressly set out in these Terms, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these Terms.
- When accessing the Services and other Content, the Customer is strictly prohibited from using any tools that may adversely affect the operation or that would be intended to take advantage of errors, bugs or other deficiencies of the Website and Services.
- The Customer is not to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted to use any other tools or means the use of which could cause any loss or damage to the Provider.
- In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
- DISCLAIMER of warranty
- You acknowledge that the Service is provided on an “as is” with all their errors, defects, and shortcomings, and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- The Provider is not responsible for any harm, including any indirect, incidental, special or punitive damages, including loss of data, loss of profit, personal or other non-monetary harm or property damage caused as a result of the use of the Services or reliance on any tool, information or any other content available in connection with the use of the Services or elsewhere on the Website.
- The Provider is not responsible for any products, services, application, or other third-party content that Customers uses in connection with the Services.
- The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
- The Provider will not be responsible for any delay or failure in performance of the Website or Services arising out of any cause beyond Provider’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents / events.
- The provisions of this Disclaimer of Warranty section are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.
- VIOLATION OF THE Terms
- You are expressly prohibited from using the Website or Services to violate any law, statute, ordinance, regulation, Federal Sanctions or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights
- If the Customer violates any provision of these Terms in a manner that may cause harm to the Provider, including but not limited to: the Customer accessing the Services in conflict with the Terms; the Customer providing incomplete, untrue, non-accurate / updated information in conflict with the Terms; the Customer acts in a manner that may damage the Provider’s reputation; the Customer acts in conflict with or performs any of the activities referenced in this Agreement; The Provider may prevent the Customer from ordering any other services and completely or partially restrict the Customer’s access to all Services without prior notice and without any compensation.
- INDEMNITY
- You agree to indemnify, defend, and hold harmless the Provider, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
- Your obligation to defend Provider will not provide you with the ability to control Provider’s defense, and Provider reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
- DEFECTIVE PERFORMANCES
- If the Services do not align with your expectations or what was agreed upon, you can exercise your rights for defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay. If the defect is incapable of being remedied or repaired, you can withdraw from the contract or claim a reasonable discount.
- We will try to resolve any complaint you may lodge as soon as possible, and we will confirm its receipt and settlement to you in writing. If we do not settle the complaint in time, you have the right to withdraw from the agreement. You can file a complaint by sending an e-mail to our e-mail address info@arteastquiltingco.com.
- PERSONAL INFORMATION
- Your submission of personal information through the Website is governed by our Privacy Policy.
- THIRD PARTY CONTENT & LINKS
- Certain content and services available via our Services may include materials from third parties. Third-party links on this site 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 carefully review 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.
- Dispute resolution
- It is our objective that our customers are satisfied with our services; therefore, if you have any concerns, complaints, or suggestions, we will be happy to resolve them directly with you.
- Amending terms
- The Provider reserves the right to change these Terms at any time with immediate effect for new customers and new orders of the Services placed by existing Customers. The Provider will notify existing Customers of the change to the Terms via e-mail.
- CHOICE OF LAW AND JURISDICTION
- These Terms shall be governed by, construed, and enforced in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. All disputes arising under this Agreement shall be subject to the jurisdiction of the Courts of the Province of Nova Scotia, Canada, and each of the Parties hereto irrevocably acknowledges the jurisdiction of the Courts of the Province of Nova Scotia, Canada. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
- PATTERNS
- Please note that all pattern sales are final. If a physical pattern booklet arrives damaged, it will be replaced.
- All patterns are intended to be used for personal purposes only. This means you can make a quilt for yourself, a family member, or a friend. You may not use our patterns to make quilts that will be sold without the author's written consent. Beyond the copying for personal use, no pattern, in part or in full, may be copied or shared.
- PREORDERS
- Please note that all pre-orders on fabric, sew-along kits and kits are final sales. As a small business, we rely on pre-orders to determine the number of products to bring in, and this is paid for far in advance of the customer receiving their order.
- KITS
- All kits are final sale. If there is a problem with your kit, please contact us right away to rectify the issue. All other products may be returned if the product is in resealable condition. Return shipping is at the expense of the customer.
- DAMAGES
- If the product arrives damaged, it will be replaced at the seller's expense. If the product is no longer available, a refund may be issued.
- SEW-ALONGS
- Please note that if you sign-up for a sew-along, quilt-along or workshop, you are doing so under the understanding that you will receive emails from us, as this will be an important means of communication.
- The 100 Acre Wood Sew-Along event is not available to participants outside of Canada and the USA. The characters in this sew-along are still protected by copyright in other countries. We make every effort not to sell this event outside Canada and the USA and will not be responsible should you violate these terms
- FINAL PROVISIONS
- These Terms, including the Schedules, constitute the full and complete terms and conditions agreed between you and the Provider and supersede all prior agreements, understandings, negotiations, and discussions relating to the subject-matter of the Terms, whether verbal or written.
- Nothing in these Terms is intended to limit any legal claims set out elsewhere in these Terms or arising from the applicable law. If the Provider or any third party authorized thereto does not enforce the compliance with these Terms, this can in no way be construed as a waiver of any right or claim
- You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent from the Provider, which consent shall be at the Provider’s sole discretion and without obligation; any such assignment or transfer without consent shall be null and void. The Provider may assign any claim arising to the Provider from these Terms or any agreement to a third party without your consent. You agree that the Provider may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party.
- If any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Any past practice, conduct or industry standard established between the Parties, that is not referred to in the Terms, shall not be applied.
- The schedules to the Terms form essential parts of the Terms. In the event of a conflict between the wording of the main text of the Terms and any schedule thereof, the main text of the Terms shall prevail.
- The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to your duty to indemnify and defend the Provider.
Privacy Policy
This privacy policy (“Policy”) describes how the personally identifiable information (“Personal Information”) you may provide on the https://arteastquiltingco.com/ website (“Website” or “Service”) and any of its related products and services (collectively, “Services”) is collected, protected and used. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Art East Quilting Inc. (“Art East Quilting”, “AEQ”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
The controller of your personal data is Art East Quilting Inc. You may contact Art East Quilting sales@arteastquiltingco.com regarding any questions and the exercise of rights relating to the processing of your personal data.
What data do we collect?
The information we collect, and how that information is used, depends on how you use our Services and how you manage your privacy controls. When you access our Website or wish to use some of the features or Services on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any online forms on the Website. When required, this information may include the following:
- Personal details such as name, country of residence, etc.
- Contact information such as email address, address, etc.
- Account details such as user name, unique user ID, password, etc.
- Proof of identity such as photocopy of a government ID.
- Geolocation data.
We will also gather information about how the Services are utilized and admitted. The procedure details will possibly include details like your;
- Internet IP
- Browser Version
- The Pages You are Visiting of Our Facilities
- Browser Type
- Date and Time of Your every Visit to Our Site
- Different Identification of the Device
- Other Analytical Details
- The Duration that You Spent on Our Service Sites
Any other materials you willingly submit to us such as articles, images, feedback, etc.
Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases and our joint marketing partners. You may choose not to provide us with your Personal Information, but we reserve the right to deny your access to the Services if you decide to not provide us with any required information that helps us to identify you and comply with legal and regulatory obligations. Users who are uncertain about what information is mandatory are welcome to contact us at sales@arteastquiltingco.com
Some data about you is provided to us by third parties, such as providers of trading platforms that you choose for use of our services, and social network operators if you decide to link your social networking accounts to an account on the website. This includes data about the simulated transactions you have completed (such as the type of financial instrument, time of opening and closing the position, amount of investment, profit and loss) and data from social networks (user name, profile picture, e-mail address associated with the account on the social network). For information on how your personal data are processed by trading platform providers and social network operators for their own purposes, please refer to the privacy policies of those parties.
How do we collect your data?
You directly provide Art East Quilting with most of the data we collect. We collect data and process data when you:
- Register online or place an order for any of our products or services.
- Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
- Use or view our website via your browser’s cookies.
- Our Company may also receive your data indirectly from social media channels provided to accept or provide the information to us.
How will we use your data?
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or Services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Fulfill and manage orders
- Deliver products or services
- Improve products and services
- Send administrative information
- Send marketing and promotional communications
- Respond to inquiries and offer support
- Request user feedback
- Improve user experience
- Post customer testimonials
- Deliver targeted advertising
- Administer prize draws and competitions
- Enforce terms and conditions and policies
- Protect from abuse and malicious users
- Respond to legal requests and prevent harm
- Run and operate the Website and Services
How do we process and store your data?
Art East Quilting securely stores your data at a remote server utilizing full security protocols. We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period. Once this time period has expired, we will delete your data.
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies:
- you have given your consent for one or more specific purposes;
- provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which you are subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
- processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Managing information
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Billing and payments
We use third party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.
Marketing
Art East Quilting would like to send you information about products and services of ours that we think you might like.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Art East Quilting from contacting you for marketing purposes or giving your data to other members of the ForexTips101 Group. If you no longer wish to be contacted for marketing purposes, please email sales@arteastquiltingco.com
What are your data protection rights?
Art East Quilting would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
- The right to access – You have the right to request Art East Quilting for copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that Art East Quilting correct any information you believe is inaccurate. You also have the right to request Art East Quilting to complete information you believe is incomplete.
- The right to erasure – You have the right to request that Art East Quilting erase your personal data, under certain conditions.
- The right to restrict processing – You have the right to request that Art East Quilting restrict the processing of your personal data, under certain conditions.
- The right to object to processing – You have the right to object to Art East Quilting’s processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that Art East Quilting transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you would like to exercise any of these rights, please contact us at our email: sales@arteastquiltingco.com.
What are cookies and how we do use them?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology. Our Company uses cookies in a range of ways to improve your experience on our website, including:
- Keeping you signed in
- Understanding products or services you may be interested in
- Understanding how you use our website
For more information about Cookies and how our Website and Services use them, please review our Cookies Policy (LINK) or visit allaboutcookies.org.
Links to other Services
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody.
However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that
- there are security and privacy limitations of the Internet which are beyond our control;
- the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and
- any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
Data breach
In the event we become aware that the security of the Website and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.
Changes and amendments
We reserve the right to amend or change this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. Continued use or access of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
Contact
If you have any questions about Art East Quilting’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at sales@arteastquiltingco.com