Terms of service

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

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

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

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [Insert Link to Privacy Policy]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

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

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS (DIGITAL GOODS) Our store offers high-resolution digital files (such as PNG and SVG formats). We do not manufacture or ship any physical products. We have made every effort to provide an accurate representation of our digital products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen or when printed due to the type of device, monitor, printer, or ink you use.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Fairbairn’s Crests reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fairbairn’s Crests confirms acceptance. We must receive and process your payment before your order is accepted and your digital download links are generated.

Due to the instant, digital nature of our products, Fairbairn’s Crests cannot accommodate cancellation requests after an order is accepted and the files are delivered. Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy [Insert Link to Refund Policy].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, in strict accordance with our Digital License & Usage Policy [Insert Link to License Policy].

SECTION 4 - PRICES 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. 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 duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

SECTION 5 - DIGITAL DELIVERY Because our products are digital downloads, no physical items will be shipped to you. Upon successful payment processing, your digital files will be delivered instantly via a download link to the email address you provided during checkout. We are not responsible for delivery failures caused by incorrect email addresses provided by the customer, or by restrictive spam filters. If you experience technical difficulties receiving or accessing your download link, please contact our support team.

SECTION 6 - INTELLECTUAL PROPERTY & LICENSING Our Services, including but not limited to all original designs, heraldic artwork, text, displays, images, and graphics, and the design, selection, and arrangement thereof, are the exclusive creative property of Fairbairn’s Crests, its affiliates or licensors and are protected by Canadian and international copyright and intellectual property laws.

Purchasing a digital file from Fairbairn's Crests grants you a standard Personal Use License; it does not transfer the copyright to you. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services for commercial gain without our prior written consent. Unauthorized commercial use or resale of our digital files is a violation of intellectual property laws. All rights not expressly granted herein are reserved by Fairbairn’s Crests.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. 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 materials or third party sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Fairbairn’s Crests is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Fairbairn’s Crests. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fairbairn’s Crests, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fairbairn’s Crests.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [Insert Link to Privacy Policy], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit any 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.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or 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; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit "spam," or any other similar solicitation; or (h) to impersonate or attempt to impersonate any other person or entity.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, or AI tools to access the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS 14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous action on behalf of any person or entity. 14.2 No Agent may access, use, or interact with Services unless it identifies itself. 14.3 We may limit whether and how any Agent accesses, uses, and interacts with Services.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services in our sole discretion at any time without notice.

SECTION 16 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY Fairbairn’s Crests, 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Fairbairn’s Crests, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Fairbairn’s Crests, Shopify, and our affiliates, from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 19 - 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.

SECTION 20 - WAIVER; ENTIRE AGREEMENT These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and governs your use of the Service.

SECTION 21 - ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent.

SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. You and Fairbairn’s Crests consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right, in 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.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at bagtownclans@gmail.com. Our contact information is posted below:

Fairbairn’s Crests 
bagtownclans@gmail.com