TERMS OF SERVICE

OVERVIEW This website is operated by nathsmart.com. Throughout this site, the terms "we", "us" and "our" refer to nathsmart.com. nathsmart.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Canadian Compliance Note: These terms have been adapted to comply with Canadian consumer protection laws, the Personal Information Protection and Electronic Documents Act (PIPEDA), sales tax requirements (GST/HST/QST), and public policy exceptions, particularly those applicable to residents of the Province of Quebec.

ARTICLE 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your province or territory of residence (18 years old in Alberta, Manitoba, Ontario, Quebec, Prince Edward Island, and Saskatchewan; 19 years old in British Columbia, New Brunswick, Nova Scotia, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut), and that you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to Canadian copyright and intellectual property laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable human rights laws in Canada.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted in accordance with industry standards (PCI-DSS) during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We use reasonable efforts to ensure the accuracy of the information, but we are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. Unless otherwise stated, displayed prices are in Canadian Dollars (CAD) and exclude applicable sales taxes (GST, HST, QST, PST as the case may be) and shipping fees, which will be calculated and displayed during checkout.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and the legal consumer warranty provisions applicable in your province.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device's screen display of any color will be perfectly accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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

For more details, please review our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over 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.

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

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request or without a request from us, you send creative ideas, suggestions, or other materials (collectively, "comments"), you grant us a perpetual and irrevocable right to edit, copy, publish, distribute, and use those comments in any medium, without restriction or compensation, subject to compliance with our Privacy Policy for any personal data.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary rights. You are entirely responsible for the legality and accuracy of any comments you make.

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Our policy is rigorously established in compliance with Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (PIPEDA), as well as the Act respecting the protection of personal information in the private sector (Bill 25) in Quebec, where applicable.

ARTICLE 11 – ERRORS, INEXACTITUDES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Subject to local consumer protection laws (which may restrict this option in certain jurisdictions such as Quebec in the event of an obvious pricing error), we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or territorial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (in accordance with Canadian charters of rights and freedoms); (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others without consent; (i) to spam, phish, or practice social engineering; (j) for any obscene or immoral purpose; or (k) to circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Important Note for Canadian Consumers: The laws of certain Canadian jurisdictions, including the Province of Quebec, do not allow the exclusion or limitation of legal warranties or liability for certain damages. If these laws apply to you, some or all of the exclusions or limitations below might not apply to you, and you might have additional rights.

Subject to the foregoing, we do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products and services delivered to you are (except as expressly stated by us) 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 or fitness for a particular purpose.

In no case shall nathsmart.com, our directors, officers, employees, or partners 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 the Service, to the maximum extent permitted by the applicable law in your province of residence.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless nathsmart.com, our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by 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.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail to comply, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

ARTICLE 17 – ENTIRE AGREEMENT

The failure of us 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 constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.

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

ARTICLE 18 – 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 in force in Canada and the province or territory where you reside. If you are a consumer residing in the Province of Quebec, the laws of the Province of Quebec and the federal laws of Canada applicable therein shall exclusively govern this agreement, and any dispute shall be submitted to the competent courts of the district of Montreal.

ARTICLE 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at nathsmart2026@gmail.com.