Website Terms & Conditions | Privacy Policy
BY USING THIS WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND BELOW, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Legal Terms and Conditions of Use
1. Acceptance of the Terms and Conditions of Use
1.1 These terms and conditions of use for www.elysemccurdyhomedesigns.ca constitute a legal agreement and are entered into by and between you (“you,” “your,” a “user”) and Elyse McCurdy Home Designs Inc. (the “Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions” or this “Agreement”), govern your access to and use, including any content, functionality, and services offered on or through www.elysemccurdyhomedesigns.ca (the “Site”), including any design, plan, blueprint, layout, digital files (DWG, DXF, DST, RFA, RVT, PDF etc.), text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site (the “Content”).
1.2 These Terms and Conditions may also be supplemented or replaced by additional terms (hereafter referred to as “Additional Terms”) relating to specific Content, Designs, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for review or acceptance before you place an order or request for goods or services.
1.3 By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. The Privacy Policy is deemed to be incorporated into these Terms and Conditions, and your acceptance of these Terms and Conditions is deemed to include acceptance of the Privacy Policy.
2. Modifications to the Terms and Conditions and to the Site
2.1 We reserve the right to revise and update these Terms and Conditions from time to time at our sole and absolute discretion. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
2.2 The information and material on this Site, and the Site may be changed, withdrawn at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.
3. Restrictions on Use
3.1 As a condition of your access and use you agree that you may use the Site only for lawful purposes and in accordance with these Terms and Conditions, and you further agree and covenant:
3.1.1 not to use the Site for any purpose that is unlawful under applicable law or regulations, or prohibited by these Terms and Conditions;
3.1.2 not to circumvent, violate, or breach the security of the Site;
3.1.3 not to defame or disparage anybody or make comments of derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
3.1.4 not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms and Conditions or as expressly provided under applicable law and/or under any Additional Terms;
3.1.5 not to use the Site to distribute viruses or malware or other similar harmful software code;
3.1.6 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
3.1.7 that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms and Conditions or any applicable law.
4. Orders, Prices, and Payment Terms
4.1 In order to purchase any products or services through the Site you will be required to supply certain information applicable to your purchase, including payment, billing, contact, and other information. This information shall be subject to our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete.
4.2 You agree to pay all charges incurred by you or any users of your credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price of the product or service will be the price indicated on the order pages when you placed your order.
4.3 The Company and the Site uses third-party service providers for payment services. By agreeing to purchase any products or services through the Site, you agree to be bound by such third party payment processors’ policies and terms of use and hereby consent and authorize us and such third party payment processors to share any information and payment instructions you provide with payment provider(s).
4.4 By purchasing any products or services through the Site you further agree and authorize us to, from time to time, and to the maximum extent permitted by law: (i) to submit a transaction using the card information provided, (ii) if necessary, obtain updates from card issuers for cards provided to us, (iii) communicate with you about your purchase and/or subscription via email or other means. You understand that your payment information and any related personal information that you provide will be treated in accordance with our Privacy Policy.
4.5 Descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services are subject to change without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws (including minimum age requirements) in regard to the acquisition of any product or service purchase through the Site. We reserve the right, with or without prior notice, to discontinue any product or service; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.
4.6 All prices, discounts and promotions (if any) posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders for products or services placed after the time of the increase. Posted prices may not include taxes or charges. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
4.7 You represent and warrant that: (i) the payment processing information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by the payment processor and your credit card company as may be applicable, and (iv) you will pay charges incurred by you at the posted prices, including any other charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4.8 Due to the nature of our products and services all sales are deemed final. We do not accept any requests for returns, refunds, or exchanges for any reason, to the extent permitted by law.
5. Online Purchase of Designs
5.1 Should you purchase a design, which may include but not limited to, architectural drawings, floor plans, elevations, section, details and other Content (the “Designs”), through our Site, your purchase of a such a Design is a grant, subject to these Terms and Conditions and any Additional Terms, of a perpetual, non-exclusive, non-transferable, non-sub licensable license for one-time personal and non-commercial use, as detailed in the licensed Designs. Should you wish to use the design under a commercial license, please contact hello@elysemccurdyhomedesigns.ca to review our commercial licensing options.
5.2 When you place an order for purchase of a product or service, you will receive confirmation of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute grant of license to use a Design. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by the Company until the product has been delivered or service made available. If we decline to accept your order, we will attempt to notify you at the email address you provided. We may require additional verifications or information before accepting any order.
5.3 You may modify, edit, or alter the licensed Designs, as needed, for purposes of customizing the Design to your desired outcome and complying with any applicable laws and regulations, including, but not limited to zoning laws, by-laws, ordinances and building codes in your area.
5.4 You are not authorized or permitted to sell, redistribute or publish, including but not limited to publishing on social media, the licensed Design, or otherwise disclose such licensed Design to anyone other than the contractors, consultants, lenders or governmental agencies on a need-to-know basis only, as reasonably required for your authorized use of the Design.
5.5 We reserve all rights not expressly granted to you under these Terms and Conditions. No use by you, or your authorized representative, of any licensed Design in any medium or manner will be deemed to interfere with the limited permissions granted to you by the Company under these Terms and Conditions.
5.6 Except for the license granted to you under these Terms and Conditions, you acknowledge that all rights, title, and interest in the licensed Design, are owned by the Company.
5.7 You acknowledge that the license is personal to you and the license does not allow for any further distribution of the licensed Design to any third party without the express written consent of the Company. You will, at your sole expense, maintain any copies of the licensed Design within your possession, custody, or control under first-class conditions and take all reasonable measures to protect and safeguard the licensed Design. You will immediately notify the Company in writing with reasonable detail of any: (i) actual, suspected, or threatened infringement of the licensed Design; (ii) actual, suspected, or threatened claim that use of the licensed Design infringes the rights of any third party; or (iii) any other actual, suspected, or threatened claim to which the licensed Design may be subject.
5.8 You represent and warrant to the Company that (i) you will not engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of the Designs or the Company, or cause confusion as to the ownership of the Designs; (ii) you will take any and all reasonable steps necessary to protect the Designs from any infringement, or misappropriation, and, (iii) your, or your authorized representative’s, use of the Designs will not otherwise violate the Company’s rights, rights of any third party, or violate any applicable regulation or law.
5.9 In the event that you fail to comply with any provision of these Terms and Conditions, the Company may terminate the license granted to you for use of the Designs upon written notice to you, and you agree to no longer use any of the Designs for any purpose.
6. Geographic Restrictions
6.1 Your use of the Designs and/or Content is at your own risk and you are solely responsible for ensuring that any use of Designs and/or Content is used in strict compliance with all governing local, municipal, city, county, provincial, regional, state, national, or federal codes, laws and regulations. We do not guarantee that any Design and/or Content comply with any laws, regulations and rules, as applicable in your specific area and therefore shall require relevant modifications to meet the construction standards, building codes, zoning requirements, ordinances, and/or building regulations of your local area. In addition, you may need to obtain permits or inspections from local governments/regulatory bodies before and during the course of construction. Your right to use any licensed Designs is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed designer, engineer or qualified professional prior to beginning the construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.
7. Ownership, Use, and Intellectual Property Rights
7.1 This Site and all intellectual property rights in the Site including without limitation any Content, Designs, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us and/or our licensors. We reserve all our intellectual property rights which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
7.2 Nothing in these Terms and Conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust, to try to circumvent, or delete any intellectual property notices contained on the Site and any digital rights or other security technology embedded or contained within any Content.
7.3 The Company name, brand, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
7.4 You may only access or use the Site for your personal and non-commercial use. Except as authorized by these Terms and Conditions, you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material, including but not limited to, Content and Designs, on our Site, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
7.5 Except as authorized by these Terms and Conditions, users are not permitted to modify copies of any materials including and without limitation, any Designs and/or Content, from this Site nor delete or alter any copyright, trade-mark, or other proprietary rights notices.
7.6 If you reproduce, copy download, or otherwise use any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of Content you have made. You have no right, title, or interest, not expressly granted, to the Site or to any Designs and/or Content, which are otherwise retained by the Company. Any use of the Site not expressly permitted by these Terms and Conditions, including and without limitation, any licensed Designs beyond the one-time use authorized under the license, or any reproduction, publication, sale or distribution of any part of Designs and/or Content without the prior written consent of Company, is a breach of these Terms and Conditions and may infringe or violate copyright, trade-mark, and other intellectual property laws and may subject you to prosecution and the prescribed remedies, as provided under the law or these Terms and Conditions.
8. Confidentiality
8.1 Each party (in this section, the “Receiving Party”) acknowledges and agrees to maintain all data, information, documentation and know-how relating to the products, operations and business (“Confidential Information”) of the other party (in this section, the “Disclosing Party”), or Confidential Information generally provided by the Disclosing Party, confidential.
8.2 Confidential Information includes, but is not limited to, all non-public, proprietary or confidential information relating to the Disclosing Party, in oral, visual, written, electronic or other tangible or intangible form, whether or not marked or designated as “confidential”, and all notes, analyses, summaries, reports and other materials prepared by the Receiving Party that contain, are based on or otherwise reflect, to any degree, any of the foregoing.
8.3 Confidential Information does not include information that (i) is or becomes generally available to and known by the public (other than as a result of the Receiving Party breach of the Agreement); (ii) is or becomes available to the Receiving Party from a source other than the Disclosing Party provided that such source was not and is not bound by a confidentiality agreement regarding the Disclosing Party, or otherwise prohibited from disclosing such information by a legal, contractual or fiduciary obligation; (iii) was already known by or in the possession of the Receiving Party prior to being disclosed by or on behalf of the Disclosing Party pursuant to the Agreement; or (iv) has been or is independently developed by the Receiving Party, without violating any of its obligations under the Agreement or use of or reference to, in whole or in part, any of the Disclosing Party’s Confidential Information.
8.4 The Receiving Party agrees to use the Confidential Information solely for the purpose of performing its respective obligations or applicable services under this Agreement and will not use the Confidential Information for its own benefit or for the benefit of any third party. The Receiving Party acknowledges that disclosure of any data, information, documentation or know-how in contravention of these Terms and Conditions, will cause the Disclosing Party irreparable harm for which damages alone will not be an adequate remedy and for which the Disclosing Party will be entitled to injunctive relief in addition to other available remedies.
8.5 Notwithstanding anything contained in this section, the parties may disclose the Confidential information if such information is required by law to be disclosed, including in response to a valid order of a court of competent jurisdiction or authorized governmental authority. The parties may disclose only that portion of Confidential Information required to be disclosed.
9. Accuracy of Information and Availability of the Site
9.1 The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.
9.2 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content or Designs is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms and Conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other Sites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
9.3 While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant, or guarantee in any way the Site’s continued availability at all times, uninterrupted use, or consistency of information.
9.4 The Content on this Site, and the Site, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
10. Hyperlinks and Third Party Sites
10.1 For your convenience, this Site may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.
11. Privacy and Cookies
11.1 By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our policies, including but not limited to our Privacy Policy, found below, as we deem necessary for use of the Site and provision of services.
11.2 By using this Site you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Site use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Site may not function adequately.
12. Accessibility
12.1 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at hello@elysemccurdyhomedesigns.ca.
13. Warranties and Disclaimers
13.1 You understand and agree that your use of the Site, any Content and/ or Designs, or other products and services found or attained through the Site is at your own risk.
13.2 You agree that your use of the Site is on an “as available” basis. Except as otherwise required by applicable law, we make no representations, warranties, conditions, or other terms whether express or implied in relation to the provision of the Site, any Content and/or Designs, including without limitation, as to completeness, accuracy, currency, quality, merchantability, fitness for a particular purpose, title, non-infringement, and other warranties that may arise out of the course of dealing, course of performance, usage, or trade practice.
13.3 Neither the Company nor its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Site, Designs and/or Content. Without limiting the foregoing, neither the Company nor its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the Site, Designs and/or Content, any products or services found or attained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components.
13.4 We cannot and do not guarantee or warrant that files or any data available for downloading from the Site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Site and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by viruses, other destructive code, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any products or services found or attained through the Site or to your downloading of any material posted on it, or on any site linked to it.
14. Limitation on Liability
14.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED SITES OR SUCH OTHER THIRD-PARTY SITES, NOR ANY USE OF ANY MATERIALS, POSTING OR INFORMATION ON THE SITE, SERVICES, PRODUCTS, CONTENT DESIGNS OR ANY ERRORS OR INACURRACIES THEREIN.
14.2 IN THE EVENT THAT LIABILITY CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS OR ANY ADDITIONAL TERMS RELATED TO THE PURCHASE, LICENSE, OR USE OF ANY PRODUCTS OR SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID TO US IN RELATION TO YOUR PURCHASE OF PRODUCTS OR SERVICES.
15. Indemnification
15.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or any Additional Terms or your use of the Site, Content and/or Designs.
16. Governing Law and Jurisdiction
16.1 The Site and these Terms and Conditions or any Additional Terms will be exclusively governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
16.2 Any action or proceeding arising out of or relating to this Site and under these Terms and Conditions or any Additional Terms will be held in Ottawa, Ontario in the courts of the province of Ontario and/or the Federal Court of Canada. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
17. General
17.1 These Terms and Conditions are effective as of the date deemed to be accepted by you. No changes to these Terms and Conditions are valid unless agreed by us in writing. We reserve the right to vary these Terms and Conditions from time to time. Any new Terms and Conditions will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such variations.
17.2 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at the address below and all notices from us to you will be displayed on our Site from to time:
hello@elysemccurdyhomedesigns.ca
17.3 We shall have no liability to you for any breach of these Terms and Conditions and any applicable Additional Terms caused by any event or circumstance beyond our reasonable control including without limitation, (a) acts of God; (b) flood, fire, earthquake, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) disease, pandemics, including but not limited to, the COVID-19 pandemic, and epidemics; and (i) shortage of adequate power or transportation facilities.
17.4 If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
17.5 No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
17.6 These Terms and Conditions together with the Privacy Policy, any agreements entered between you and the Company and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement, or other communication whether written or otherwise made by you or us which is not contained herein.
17.7 You may not assign, sub-license, or otherwise transfer any of your rights and obligations in these Terms and Conditions and any Additional Terms to any other party, except with our prior consent in writing. We reserve the right to transfer or assign our rights and/or obligations under this Agreement at any time to any third party without notice.
Our Privacy Policy
Privacy Policy Highlights
This Privacy Policy applies to customer information that the Elyse McCurdy Home Designs Inc. collects through this website www.elysemccurdyhomedesigns.ca. Below are highlights of our personal information handling practices.
1. Information We Collect
We collect your information from the following sources:
1.1. information you give us when you fill out forms, such as credit card purchases of our products or services, customer service or inquiries, and surveys;
1.2. information from other sources, such as companies that help us to update our records; and
1.3. information that we collect automatically when you visit our website, such as information about your browser settings and other information collected through cookies.
2. How We Use and Disclose Your Information
2.1. We do not sell or rent your personal information to third parties.
2.2. We use your information to provide products and services and to manage our business operations. For example, we use your information in order to fill your orders, answer your inquiries, prevent loss and fraud, and analyze our business operations and website performance.
2.3. We combine all the information we collect other than information relating to your browsing history.
2.4. We may share information with our affiliates who may be outside of Canada and may be subject to laws that are different from those in Canada.
2.5. We use third parties to assist us in our operations. We may share your information with these third parties in order to provide services to you.
3. Your Choices
You may change your communication preferences with respect to e-mail newsletters and notifications of our products and services. We may, however, retain information about your previous transactions for audit purposes, to ensure the integrity of our data and to fulfill legal requirements.
4. How to Contact Us
If you have a privacy question or concern, please contact us at: hello@elysemccurdyhomedesigns.ca.
Detailed Privacy Policy
In this Privacy Policy, the terms "we", "our" and "us" mean the Elyse McCurdy Home Designs Inc.
1. About Us
This website www.elysemccurdyhomedesigns.ca is operated by Elyse McCurdy Home Designs Inc. We are located in Ottawa, Ontario. For all your privacy related issues you can reach us at hello@elysemccurdyhomedesigns.ca.
2. Effective Date and Scope
This Privacy Policy is effective as of the date deemed to be accepted by you. This Privacy Policy governs our practices with respect to personal information we collect through our following website: www.elysemccurdyhomedesigns.ca.
3. What Personal Information Do We Collect?
Personal information is information that identifies you or could be combined by us or our service providers and affiliates with other information to identify you. This information may include your name, personal e-mail address, your home address, your home telephone number, your personal cellphone number, your occupation, credit card information, and your age, and other similar information associated with you. Personal information may also be information containing details as to whether you have opened our e-mails or how you have used our website, if we can associate that personal information with you. If you are a business customer or prospective business customer, personal information does not include your title, business address, and business telephone number.
We collect personal information from you when you use our website, make a purchase, enter a contest or promotion, communicate with us using our web forms to make a request or ask a question, submit a product review, take a survey or otherwise submit personal information to us with your communication. For example, we will request credit card and other identifying information to process a credit card transaction when you purchase a product or service through our website.
We receive personal information about you from other sources. For example, we will receive information from credit card processors regarding whether the credit card details you gave us have been accepted or declined. We may also acquire information about you from other companies with whom you shared your information and whom you have allowed to provide information to us.
We may also collect technical information when you visit our website. For example, this information may include the IP address of your computer, which browser you are using to view our site, your operating system, the resolution of your screen, your location, browser language settings, which site you came from, and your searched keywords. This information is used to measure and improve our site. It will not be combined with any other personal information collected through the site.
4. How Do We Use Your Personal Information?
We use your information to provide products and services and to manage our business operations. Some examples include:
4.1. to fulfill your requests for products and services;
4.2. to communicate with you about your requests;
4.3. to recommend or to offer you other products and services based on your inferred interests;
4.4. to communicate with you regarding customer service issues and any product recalls or warranty service; and
4.5. to protect the security or integrity of our websites and our business.
5. How Long Do We Retain Your Personal Information?
We retain your personal information for as long as it is required to perform the purpose for which it was originally submitted. Personal information will be deleted and otherwise securely destroyed when it is longer needed, except for whatever record may be required by law.
6. Cookies
Our website uses cookies to distinguish and recognize visitors. Some functions of the website may not be available if cookies are disabled.
7. Personalized Offers and Web Analytics
We also automatically collect information when you visit our website in order to customize your experience. For example, we collect information about what site referred you to our website, your browser type, operating system type and version, language, and your Internet Protocol ("IP") address. We also collect information about how you browse through our website, including logging the pages you visit and the amount of time you spend on certain pages. We use this information for a number of technical purposes to ensure that our pages load correctly in your browser, as well as to personalize our offers to you. We also use this information to improve our website. For example we may:
7.1. use IP addresses to correct pages for your geographical location;
7.2. log the frequency of visits to certain pages on our website and how visitors navigate through our website in order to detect problems, improve our website and learn about what products and services are of interest to our customers;
7.3. use information about products that you have clicked on to make suggestions about other products or services that you might be interested in viewing; and
7.4. track whether certain types of promotional e-mails were opened by you and whether you sought information about a particular product or service in order to make inferences about other products and services you might be interested in.
8. Your Ad Choices: Interest-Based Advertising
Our website uses small pixel files (small images) and cookies (small text files) to keep track of your browser so that you will be recognized when you visit other websites where our third-party ad management providers may show you advertisements from us based on your visit to our website. Some of these advertisements may be customized to particular products and services that you viewed or they may be based on inferences about products and services that you might be interested in. This is called "interest-based advertising".
Please note that if you opt-out of interest-based advertising you may still see advertisements from us on other websites. However, they will not be customized based on your browsing history on our website. In addition, we will continue to customize our offers of products and services to you when you are on our website unless you block cookies from our website. If you block cookies on our website, certain functions, such as the "shopping cart" may not function properly because our website must recognize you as you move through the checkout process.
9. Regarding Children and Minors
Our website and the services offered on our website are directed towards individuals that are the age of majority in Canada or their applicable jurisdiction, whichever is greater. We will not knowingly collect personal information about minors. We do not allow minors (persons who are under the age of majority in their place of residence) to make purchases of any products or services.
10. Do We Disclose Your Personal Information to Others?
We may share your personal information with our service providers that help us with our business operations. We require our service providers to keep your personal information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf unless we or they have obtained your consent. We may also disclose your personal information if it is necessary for us to collect a debt.
11. Law Enforcement Requests
We will disclose personal information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information. If we receive a request from a police officer or other law enforcement agency for access to your personal information in the course of an actual or potential investigation, our policy is to require the police officer or law enforcement agency to obtain an order, subpoena or warrant, unless the information is urgently required to prevent serious bodily injury or serious damage to personal property.
12. Storage Outside of Canada
Your personal information may be used or stored by us or our service providers outside of Canada. We require that our service providers safeguard your personal information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.
13. How Do You Access and Modify Your Personal Information or Make a Complaint?
If you have questions or concerns about other personal information collected by us and would like assistance accessing that information, please contact us at hello@elysemccurdyhomedesigns.ca.
14. How Do We Protect Your Personal Information?
We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your personal information through the use of passwords. We do not publish all of our security measures online because this may reduce their effectiveness.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit personal information to us using our website if you consider that information to be sensitive, or legally privileged.
15. Links to Third-Party Websites and Social Network Plug-Ins
You may be able to access third-party websites through links available on our websites. You may also connect to social networks such as Facebook, Twitter, and Linkedin. These links are provided for your convenience. We do not have any control over those third-party websites and we do not provide any guarantee that the privacy practices of the hosts of those websites meet our standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this Privacy Policy. Do not transmit personal information using those websites without reading the privacy policies governing those websites.
16. Updates and Notification of Change to this Privacy Policy
If there is any material change in our Privacy Policy the revised statement will be posted on our website. Regardless of any changes we make to our Privacy Policy we will only use your personal information in accordance with the version of the Privacy Policy in place at the time you provided your information, unless you later give your express consent for us to do otherwise.
17. Notice to Persons Outside of Canada
This Privacy Policy is governed by the laws of Canada and the Province of Ontario. By submitting personal information to us, you understand that your personal information will be subject to the laws of Canada and Ontario.