Terms of Service

OVERVIEW

Welcome to Ivy and Grace! The terms "we," "us," and "our" refer to Ivy and Grace. Ivy and Grace operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Ivy and Grace is powered by Shopify, which enables us to offer the Services to you.

The terms and conditions below, together with the policies referenced herein (these "Terms of Service"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By accessing, using, or interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or control.

To use the Services, including browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide to us in our stores is true, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for safeguarding your account credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please be aware that colors or the appearance of products may vary from how they appear on your screen, depending on the device you use and its settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the display in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products at any time and may limit the quantities of any products we offer per person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Ivy and Grace reserves the right to accept or refuse your order at our discretion. Your order will only be accepted once Ivy and Grace has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Ivy and Grace may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Return Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or in other online or physical stores operated by third parties. We may offer promotions from time to time through the Services that may affect pricing and that are governed by separate terms. In the event of a conflict between the terms of a promotion and these Terms of Service, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Once we hand over products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Ivy and Grace, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms of Service, nothing herein grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Ivy and Grace, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ivy and Grace.

The names, logos, product and service names, designs, and slogans of Ivy and Grace are trademarks of Ivy and Grace or its affiliates or licensors. You may not use these trademarks without prior written permission from Ivy and Grace. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may access third-party tools offered as part of the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms under which tools are provided by the relevant third-party provider(s).

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Ivy and Grace is powered by Shopify, which enables us to offer the Services to you. However, all purchases you make in our store are made directly with Ivy and Grace. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Ivy and Grace, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Ivy and Grace.

SECTION 10 – PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services on our behalf. Information you submit to the Services is transferred to and shared with Shopify and third parties who may be located in countries other than where you live, in order to provide services to you. Please refer to our privacy policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. For example, we may use this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own all Feedback or hold all necessary rights thereto; (ii) you have disclosed any compensation or incentives you have received in connection with your Feedback; and (iii) your Feedback will comply with these Terms. We are not, and will not be, obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes intellectual property rights or violates these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or other people; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Services; (g) to send advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation, without our consent; (h) to impersonate any other person or entity; or (i) for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our discretion, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY IVY AND GRACE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IVY AND GRACE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ivy and Grace, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising from or related to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnification claims, and a delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay. We may control the defense and settlement of any such claims at your expense, including the choice of counsel, but we will not settle any claim that requires a non-monetary obligation on your part without your consent (which will not be unreasonably withheld). You will cooperate with our defense of any indemnification claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void and of no effect. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service, and any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws of the jurisdiction where Ivy and Grace is headquartered, and the courts of that jurisdiction shall have jurisdiction over any disputes. You and Ivy and Grace consent to the jurisdiction and venue of such courts.

SECTION 22 – HEADINGS

The section headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.

SECTION 23 – CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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Ivy and Grace — Sydney, Australia