Eternity's Touch

1. Who We Are

Eternity's Touch, Inc. is a Canadian company based in Ontario, Canada.

In these terms, "Eternity's Touch," "we," "us," and "our" refer to Eternity's Touch, Inc. "You" and "your" refer to the person using our websites, applications, products, or services.

2. Scope of These Terms

These terms apply to our websites, online stores, applications, accounts, orders, products, services, and communications with us.

Additional product-specific, store-specific, provider-specific, or policy-specific terms may also apply and form part of your agreement with us.

3. Applications

If you access our products or services through an application, these terms apply to your use of that application.

You are responsible for keeping your device, operating system, application version, login credentials, and account information secure and up to date.

Some application features may require internet access, compatible devices, supported operating systems, permissions, or third-party services.

If you download our application through an app store, marketplace, or platform, that platform's terms may also apply.

4. Third-Party and Provider Terms

Some products or services may involve third-party production, manufacturing, personalization, certification, shipping, payment processing, or fulfillment partners.

Certain glass or diamond products may involve providers such as Verre Serenity Glass, Remembrance Diamonds Corporation, Algordanza AG, or similar specialized partners.

Where a provider's terms and conditions apply to a product or service, those terms are incorporated into your order for the applicable product or service. We may provide or attach those terms at checkout, by link, by email, or with product documentation.

We do not control or modify third-party provider terms. If there is a conflict between these terms and applicable provider terms, the more specific terms for the applicable product, component, service, production process, or provider will apply, unless prohibited by law.

5. Accounts and Security

You agree to provide accurate, complete, and current information.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity under your account.

We may restrict, suspend, or terminate access where reasonably necessary to protect our business, customers, partners, systems, or legal rights.

6. Website, Application, and Communication Conduct

You may use our websites, applications, services, and contact methods only for lawful and respectful purposes.

You must not misuse, disrupt, reverse engineer, decompile, tamper with, scrape, copy, interfere with, or attempt to gain unauthorized access to our websites, applications, systems, accounts, or networks.

You must not upload, transmit, or distribute unlawful, abusive, defamatory, obscene, threatening, fraudulent, misleading, infringing, or otherwise objectionable content.

You must not harass, threaten, abuse, intimidate, defame, discriminate against, or use obscene or degrading language toward our staff, contractors, service providers, partners, or representatives through email, telephone, chat, forms, reviews, social media, applications, or any other contact method.

Where communication becomes abusive, threatening, harassing, discriminatory, unlawful, repetitive, or unreasonable, we may limit, suspend, redirect, refuse, or end communications, restrict account access, cancel orders where permitted by law, or take other reasonable steps to protect our staff, customers, partners, systems, and legal rights.

7. Product Information and Availability

We try to describe our products and services accurately. Product images, colours, dimensions, materials, availability, and descriptions may vary from the final product or from what appears on your device.

Personalized, handmade, memorial, glass, diamond, or custom products may naturally vary in appearance. These variations are not defects unless they materially differ from the agreed product description or applicable legal standard.

We may update, change, discontinue, or limit products or services at any time, subject to applicable law and confirmed orders.

8. Custom Products and Submitted Materials

Many of our products are personalized, custom-made, memorial, handcrafted, or produced using materials, instructions, or information you provide.

You are responsible for ensuring that all names, dates, text, images, files, instructions, selections, personalization details, and submitted materials are accurate, lawful, and complete.

Submitted materials may include images, text, personalization instructions, fingerprints, handprints, footprints, impressions, hair, cremated remains, ashes, or other personal, memorial, or biological materials, depending on the product ordered.

By submitting materials, you confirm that you have the right and authority to provide them and authorize their use for the requested product or service.

Some submitted materials may be altered, consumed, embedded, transformed, or not returnable as part of the production process.

9. Orders, Pricing, and Payment

An order is an offer to purchase the selected product or service.

We may accept, reject, cancel, or limit an order where permitted by law, including where there is a pricing or product error, payment issue, suspected fraud, missing information, unavailable product, provider issue, or legal restriction.

Prices are shown in the currency displayed at checkout. Taxes, shipping, duties, customs charges, import fees, brokerage fees, or other charges may apply depending on your location and order details.

You represent that you are authorized to use the payment method provided.

If we cancel an order after payment has been taken, we will refund the cancelled portion unless another remedy is required or permitted by law.

10. Production and Delivery Estimates

Production times, shipping times, and delivery dates are estimates unless expressly stated otherwise in writing.

Custom, personalized, memorial, glass, diamond, outsourced, international, or provider-dependent products may require longer production times.

Delays may occur due to product complexity, submitted materials, customer approvals, provider timelines, customs, shipping carriers, weather, payment issues, legal restrictions, or events outside our reasonable control.

11. Dedicated Policies

The following dedicated policies also apply and form part of these terms:

• Shipping Policy - shipping options, delivery estimates, shipping charges, customs issues, lost or damaged shipments, refused shipments, undeliverable shipments, and related shipping matters.
• Return Policy - changes, cancellations, returns, exchanges, refunds, final-sale items, custom-product limits, defective-product remedies, and related return matters.
• Warranty and Restoration Policy - warranty coverage, restoration services, product defects, damaged products, incorrectly supplied products, product-care obligations, exclusions, repair, replacement, and related remedies.

Nothing in these policies or these terms limits rights that cannot be limited under applicable consumer protection law.

12. Customer Approvals and Proofs

For some products, we may provide proofs, designs, drafts, samples, or approval requests before production.

Proofs are provided to confirm the general layout, text, placement, orientation, and design direction before production begins. Because many of our products are handcrafted, personalized, or made using customer-supplied materials, the finished product may vary from the proof in appearance, colour, scale, texture, positioning, finish, or other visual details.

You are responsible for reviewing proofs carefully. Once you approve a proof or design, we may rely on that approval to begin production.

Approval of a proof does not guarantee that the finished product will be an exact match to the proof. It confirms that you authorize us to proceed with production based on the approved design direction.

13. Privacy

Our collection, use, disclosure, storage, and protection of personal information is described in our Global Privacy Policy.

By using our websites or applications, creating an account, submitting information, or placing an order, you acknowledge that personal information will be handled in accordance with our Global Privacy Policy.

14. Intellectual Property

All website, application, product, and service content, including text, graphics, images, designs, logos, layouts, code, software, and product descriptions, is owned by us or licensed to us and is protected by intellectual property laws.

You may electronically copy or print portions of the website solely for personal, non-commercial use, placing an order, or purchasing our products or services.

You must not reproduce, distribute, display, transmit, modify, sell, exploit, or otherwise use our content without prior written permission, except as permitted by law.

15. Content You Provide

If you submit images, text, designs, instructions, reviews, feedback, or other content to us, you grant us a non-exclusive, worldwide, royalty-free license to use that content as necessary to provide, produce, fulfill, support, improve, or document the requested product or service, communicate with you, comply with law, and protect our legal rights.

You retain ownership of content you provide, subject to the rights granted to us in these terms.

16. Third-Party Links and Services

Our websites or applications may include links to third-party websites or services. These links are provided for convenience only.

We do not control and are not responsible for third-party websites, services, content, policies, or practices.

17. Disclaimers

To the fullest extent permitted by applicable law, our websites, applications, and online content are provided on an "as is" and "as available" basis.

We do not guarantee that our websites or applications will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

Nothing in these terms excludes or limits warranties, guarantees, representations, remedies, or rights that cannot be excluded or limited under applicable law.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Eternity's Touch will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, or anticipated savings.

To the fullest extent permitted by applicable law, our total liability for any claim arising out of or related to a product, service, order, website, or application will not exceed the amount you paid for the product or service giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot legally be excluded or limited.

19. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Eternity's Touch, its directors, officers, employees, contractors, agents, service providers, suppliers, and partners from claims, losses, expenses, damages, liabilities, and costs arising out of your violation of these terms, misuse of our services, submitted materials, infringement of rights, unlawful conduct, or activity under your account.

20. Force Majeure

We are not responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, pandemic, labour disruption, supplier or provider delay, carrier delay, customs delay, government action, power failure, telecommunications failure, cyberattack, payment network disruption, or similar events.

21. Notices

We may provide notices by email, account message, website notice, application notice, order notice, or another reliable method using the contact information you provide.

22. Governing Law and Disputes

These terms are governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario, without regard to conflict-of-law rules.

Subject to applicable consumer protection law, the courts located in Ontario, Canada will have jurisdiction over disputes arising out of or related to these terms, our websites, applications, products, or services.

Nothing in this section limits mandatory rights you may have under the laws of your province, state, country, or region of residence.

23. Assignment

We may assign, transfer, or delegate our rights and obligations under these terms in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or operation of law.

You may not assign or transfer your rights or obligations under these terms without our prior written consent, except where prohibited by applicable law.

24. Severability and No Waiver

If any provision of these terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect.

Our failure to enforce any provision of these terms is not a waiver of that provision or of any other right.

25. Changes to These Terms

We may update these terms from time to time by making the updated version available on our website or application and updating the "Last updated" date.

The terms in effect at the time you place an order will generally apply to that order, unless a change is required by law or you agree to a different term.

26. Country-Specific Terms

The terms in this section apply where the laws of the relevant country, province, state, or region apply to you.

If there is a conflict between a general section of these terms and a country-specific section that applies to you, the country-specific section applies to the extent of the conflict.

27. Language

Where we make these terms available in more than one language, the versions are intended to be equivalent and should be read together consistently.

If you have questions about a translated version of these terms, please contact us.

28. Contact

For questions about these terms, please contact us using the contact information provided on our website, application, or order documentation.