Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Terms of Service
Merchandise, Product Purchases and User Account:
1. The Spellcast Company Inc. (“Spellcast”) does not provide refunds for instances of buyer’s remorse. Requests for other refunds will be subjected to evaluation to ascertain whether the product has been utilized or damaged, even if only partially. In such cases, refunds will not be provided.
2. In the event of any issues arising from the products or services purchased via websites in conjunction with Spellcast , you acknowledge and agree that your exclusive remedy, if any, is to request a return and refund for said product and Spellcast reserves the right to decline returns at its sole discretion.
3. You agree to indemnify, defend, and hold harmless Spellcast and its affiliates and subsidiaries from any and all liabilities, expenses, costs and attorney fees incurred as a result of any act or omission on your part.
4. Upon registration on the websites for purchasing products, you are obligated to safeguard the confidentiality of your account and password. You agree to diligently restrict access to your computer and account, and assume full responsibility for all activities conducted under your account or password.
5. Spellcast reserves the right to refuse service, terminate accounts or cancel product orders in its sole discretion.
6. The availability of certain products may be restricted, and immediate sale may not be possible. Furthermore, Spellcast retains the right to modify or discontinue the availability of any product at any time without prior notification. Should Spellcast be unable to deliver a product you have ordered, you will be notified via email, resulting in the automatic cancellation of your order as it relates to such product.
7. If there are shipping delays or if there is an error on our websites pertaining to your order, Spellcast reserves the right to cancel your order. In such instances, we will notify you of the situation.
8. Spellcast. endeavors to maintain accurate product and pricing details. Spellcast. retains the authority to correct any inaccuracies in pricing or product information and to adjust product/service prices without prior notice.
9. If an error in pricing or product/service information has occurred, Spellcast. reserves the right, at its sole discretion, to cancel your order, whether prior to or subsequent to Spellcast accepting the order.
10. Notwithstanding the foregoing limitations, should Spellcast. be found liable for any damages or losses arising in connection with the websites, under no circumstances shall the total liability of Spellcast, arising under any cause whatsoever (including, without limitation, breach of contract, negligence, gross negligence, or otherwise), exceed, in the aggregate, the lesser of $100.00 CAD or the amount paid by you for the specific products purchased that are subject to the claim.
11. For the purposes of section 10, such protection shall be afforded to all Spellcast, directors, officers, employees, agents, mandataries, contractors and third-party suppliers of Spellcast. Such protection shall remain in effect following the termination or expiration of these terms.
12. Spellcast arranges for the delivery of Printful product(s) purchased through third-party delivery services, governed by a shipping agreement. The risk of loss and ownership of products acquired from the websites transfers to you upon delivery of the items to the carrier. You are accountable for initiating any claims with carriers for shipments that are damaged and/or lost.
13. Once an order for a product or service has been placed, it is final, binding and cannot be altered, unless it is modified or canceled by Spellcast.
14. All payments for products or services must be paid in full. Once an order for a service has been placed, it can be altered or modified by Spellcast up to forty-eight hours before the service commences with no penalty. There are no refunds once the service begins. In the event that you are unable to attend, or of a government-mandated closure, refunds will not be issued. Arrangements for re-scheduling will be facilitated.
Error in Billing, Payment, Taxes and Shipping Information:
1. Certain orders may encounter processing issues resulting from inaccuracies in the information provided by you, including, but not limited to:
(i) Incorrect credit card or debit card details, such as the card number, expiration date, or security code or inaccuracies pertaining to alternative payment methods.
(ii) Inaccurate billing information, such as discrepancies between the information provided and that maintained by your financial institution.
(iii) Insufficient or incorrect shipping address details, encompassing errors in the street address, city, state, province, territory, zip code or postal code.
(iv) Any suspicion of potentially fraudulent activity associated with the provided information.
2. The terms of payment for all products/services acquired through the websites owned and operated by Spellcast shall be established at the sole discretion of Spellcast.
3. Payment may be executed via credit card or any other pre-arranged method approved by Spellcast Payments made by credit card are contingent upon approval from the issuing financial institution.
4. Spellcast , facilitated through Printful, will dispatch the product(s) you've ordered in accordance with your selected delivery method and the address provided in the Order Confirmation, given it complies with shipping restrictions.
5. Delivery timelines furnished by Spellcast. serve as approximations only and Spellcast assumes no liability for any damages or expenses arising from delivery delays.
6. Unless expressly stated otherwise, all quoted prices for products/services do not include shipping and handling fees applicable federal, state, and provincial sales taxes.
7. Charges for shipping, handling and taxes will be itemized on the order confirmation for each individual order, as applicable.
8. Canadian customers are responsible for all sales, use, goods and services, harmonized sales tax and any other taxes.
9. Non-Canadian orders are exempt from Canadian federal goods and services taxes and any relevant provincial sales taxes, as well as other related Canadian taxes and duties concerning product orders. Non-Canadian customers are accountable for all sales, use and any other taxes and duties levied by any state or jurisdiction in their country of residence pertaining to their order.
10. Should your order be canceled subsequent to payment processing, Spellcast will provide a complete refund. Spellcast. retains the discretion to restrict quantities, terminate accounts and reject or cancel any order, even subsequent to submission, irrespective of whether confirmation or acceptance has occurred and regardless of any credit card charges incurred.
Acknowledgment of Assumed Risk:
1. This acknowledgment relates to individuals engaging the services of Spellcast, attesting to an understanding of the potential hazards linked to prolonged exposure to amplified sound, which may culminate in temporary or permanent hearing impairment, colloquially termed noise-induced hearing loss. Noise induced hearing loss embodies the degradation of auditory function resulting from exposure to elevated noise levels, thereby carrying inherent risks of injury.
2. Individuals utilizing Spellcast’s services hereby indemnify and hold the institution harmless from any liability arising from injury or damages stemming from such exposure.
3. It is imperative for individuals to promptly report any discomfort, symptoms, earaches, otalgia and/or related manifestations to an audiologist, a doctor or their guardians.
4. Under no circumstances shall Spellcast be held liable for any noise-induced hearing loss suffered by an individual.
5. This acknowledgment pertains to individuals engaging the professional services of Spellcast, acknowledging the potential risks associated with the operation and utilization of studio equipment. Such risks may include, but are not limited to, hazards associated with the handling and operation of electronic devices, cords and wires and heavy machinery within the studio environment.
6. Individuals availing themselves of Spellcast’s services hereby absolve and indemnify Spellcast from any liability arising from injury or damages resulting from the operation or use of studio equipment.
7. It is of paramount importance for individuals to exercise due caution and Spellcast disclaims any liability for injuries or damages resulting from the operation or use of studio equipment experienced by an individual.
Disputes:
1. You agree that any dispute between you and Spellcast concerning policies and the transactions outlined herein shall be adjudicated by the provincial and federal courts situated within Toronto, Ontario, Canada, and you irrevocably submit to and accept the exclusive jurisdiction and venue of these courts.
Privacy Policy:
1. Spellcast reserves the right to employ web beacons, pixel or gif tags, and action tags to ascertain the delivery and opening of e-mail messages. You retain the option to opt-out of receiving emails.
2. Spellcast reserves the right to modify this Privacy Policy periodically. In such instances, Spellcast will inform you by publishing a revised version of this Privacy Policy on Spellcast’s websites.
3. Any alterations to this Privacy Policy will become effective upon Spellcast’s publication of the amended version (or as otherwise specified at the time of publication).
4. By continuing to use the Service subsequent to the posting of any amended Privacy Policy, you signify your acceptance of the revised Privacy Policy.
Marketing and Advertising:
1. Spellcast and its third-party advertising partners may gather and utilize your personal information for marketing and advertising objectives.
2. Spellcast has the right to utilize any imagery or audiovisual recordings captured for campaigns on social media platforms, such as Meta, X and YouTube.
3. Spellcast may utilize "cookies" to monitor your preferences and interactions on the websites owned and operated by Spellcast. The employment of cookies is a standard practice embraced by the majority of prominent websites to enhance client services. While most browsers are configured to accept cookies, they can be adjusted to block them easily. Refer to your browser's assistance resources for guidance on how to block, detect and disable cookies entirely.
Copyrights and Trademarks:
1. Marks, including trademarks, trade names, service marks, and logos, featured on the websites owned and operated by Spellcast are the exclusive property of Spellcast and/or its affiliates and subsidiaries, whether registered or unregistered.
2. You are expressly prohibited from copying any page on the websites or utilizing framing techniques to enclose any mark, including trademark, logos or other proprietary information of Spellcast websites without obtaining explicit written consent from Spellcast.
3. These Terms do not grant any license or right to utilize any copyright, trademark or other intellectual property owned by Spellcast .
4. Spellcast owns all rights to its logo, meaning of the logo, company name and any other intellectual property.
5. No one, either for personal or corporate purposes, is authorized to reproduce or copy the logo or any associated intellectual property for personal or corporate purposes without the explicit permission of Spellcast.