Terms & Conditions

These Terms and Conditions and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, www.haleyelizabethdesign.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms and Conditions.

These Terms and Conditions are effective from 1st November, 2020.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE RECOMMEND THAT YOU PRINT OFF A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS, AS WELL AS ANY FUTURE VERSIONS OF THEM, AS WE MAY UPDATE THEM FROM TIME TO TIME.

ABOUT US:

HALEY ELIZABETH DESIGN (we, our and us) operates the website.

HALEY ELIZABETH DESIGN is an artwork platform based in United States. Our registered address is 202 Cordell Street Houston, TX 77009, United States.

Our contact email address is hello@haleyelizabethdesign.com.

Please read these terms and conditions carefully before making a purchase using the website. The services on www.haleyelizabethdesign.com at a particular time do not warrant that these services will be available at any time. We reserve the right to discontinue any service at any time.

PRICES:

The prices along with the products are available on our website. We reserve the right to change the prices of the services at any time without prior notice. Pricing can change based on our discretion at any time we deem necessary.

To buy our products on website, users have to register an account on our website. You can use the secure credit card payment system implemented by www.haleyelizabethdesign.com via PayPal.

PRODUCTS / SERVICES:

The Products /services are provided on an “as is” and “as available” basis. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, resulting from:

(i) the products;

(ii) the results of the products;

(iii) the use or the inability to use the products;

(iv) any changes which we may make to the services or products, or any permanent or temporary termination of the products;

(v) or any other matter relating to the products.

ACCOUNT DETAILS:

If we provide you with account information such as a user name, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party. Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information.

INTELLECTUAL PROPERTY RIGHTS:

As between www.haleyelizabethdesign.com and you, we shall own all intellectual property pertaining to our products / Content and to any other materials created and uploaded by us including to custom watercolor artwork, calligraphy services, custom event invitations, surface pattern design licensing any images, animations, fonts, text and literary works. You hereby acknowledge and understand that all the content uploaded by us on www.haleyelizabethdesign.com is original content and shall not violate any intellectual property right. You shall own all intellectual property pertaining to your products / content and to any other materials created and uploaded by you. You hereby indemnify www.haleyelizabethdesign.com in case of any claims made by any party against any violations of intellectual property rights. We do not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform.

OUR RESPONSIBILITIES:

We shall be responsible for the following, in regard to the sale of the products on the www.haleyelizabethdesign.com:

i. Specify the complete characteristics and specifications of each Product, including the price of the Product price including all taxes, duties, (if applicable), delivery or shipping charges, and the expected date of delivery or delay in delivery for any reason;

ii. In case of any order on which the duties or taxes are charged to the buyer, we shall be responsible to take in charge this cost, according to financial modalities with mutual consent with the buyer;

iii. To respond on all queries and carry out all inquiries regarding each order and satisfy the buyer with the accurate information. We are responsible for supplying the correct information of each product such as description, photos, price and cost and delay of delivery; however, www.haleyelizabethdesign.com may modify, remove or block permanently any product which is not in conformity with our terms and conditions or having the incorrect specification, or is contrary to our Terms and Conditions.

YOUR OBLIGATIONS:

For the purpose of buying products from the www.haleyelizabethdesign.com, you must have a registered account on the website. Each buyer is allowed to create only one account on www.haleyelizabethdesign.com. However without account you may visit and check the products and details. You are solely responsible for the information you provided to www.haleyelizabethdesign.com or in case of any mistakes. Each order placed by you shall be an independent order from another.

OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE:

Our privacy policy is available at www.haleyelizabethdesign.com. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

AVAILABILITY OF OUR WEBSITE:

We make no representations and provide no warranties that:

The website will be made available at any specific time or from any specific geographical location; your access to the website will be continuous or uninterrupted; or

The website will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.

We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

CHANGES WE MAY MAKE TO THESE TERMS AND CONDITIONS:

We reserve the right to update these Terms and Conditions and our privacy policy and any other documentation referred to in any of these documents from time to time. We may change our Terms and Conditions and other documentation for any reason, including:

To reflect any changes in the way we carry out our business;

You must check these Terms & Conditions, and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE OR INTERNET CONNECTION:

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms and Conditions and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms and Conditions. If for any reason whatsoever, such persons do not agree to these Terms and Conditions or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

OWNERSHIP OF MATERIAL ON OUR WEBSITE:

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us. The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms and Conditions, or in terms provided by the owner of a Third Party Mark, nothing in these Terms and Conditions or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

NON-RELIANCE BASIS INFORMATION:

Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms and Conditions. The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

PERMITTED USE OF WEBSITE:

The content on our website is provided for your personal, private, and non-commercial use only. You may print or share the content from our website for lawful personal, private, and non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent. Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website. You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent. Whenever you pass on any content or materials from our website to anyone, you must seek our consent and acknowledge us as the authors of such content or materials.

PROHIBITED USE OF WEBSITE:

You must not reproduce duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must not use our website:

For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

For any fraudulent purposes whatsoever;

To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;

To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

To communicate with, harm or attempt to harm children in any way; or

In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.

LINKS TO OTHER WEBSITES:

Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate. Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

LIMITATIONS OF LIABILITY:

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

YOUR USE OF OUR WEBSITE;

ANY CORRUPTION OR LOSS OF DATA;

ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS, OR REVENUE;

ANY LOSS OF REPUTATION OR GOODWILL;

ANY LOSS OF SAVINGS;

ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

ANY OTHER SECONDARY, CONSEQUENTIAL, OR INDIRECT LOSSES, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING. WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

INDEMNIFICATION:

You and also any third party for or on behalf of whom you operate an account or activity on the website, agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following:

Your uploads, access to or use of the website;

Your breach or alleged breach of these Terms and Conditions;

Any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

DISCLAIMERS:

THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

 THE SERVICE;

 THE WEBSITE CONTENT;

 USER CONTENT; OR

 SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

GOVERNING LAW AND JURISDICTION:

These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with laws of the state of Texas and United States. The courts of the state of Texas and United States shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms and Conditions and any documents they refer to.

The copyright in these Terms and Conditions is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

CONTACT INFORMATION:

If you have any questions regarding these terms and conditions of this website, please contact us by any of the following means;

Web: www.haleyelizabethdesign.com

Email: hello@haleyelizabethdesign.com

Mailing Address: 202 Cordell Street Houston, TX 77009, United States.