
TERMS OF SERVICE
Welcome to the Mala Merkaba website. Throughout this document, the terms "we," "us," and "our" refer to Mala Merkaba. We provide this website, its information, tools, and services to you, the user, subject to your acceptance of the terms, conditions, policies, and notices outlined here.
​
By using our website or purchasing items from us, you engage in our "Service" and agree to comply with these "Terms of Service," including any additional terms, conditions, and policies referred to in this document. These terms apply to all users of our website, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
​
Please carefully review these Terms of Service before accessing or using our website. If you do not agree with all the terms and conditions outlined in this agreement, you may not access our website or use our services. By using our website or engaging with our services, you expressly agree to be bound by these Terms of Service.
If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.
​
​
Updates and Changes
Any new features or tools added to our online store will also be subject to these Terms of Service. You can review the most current version of these terms on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check this page periodically for any changes. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.
​
Our Hosting Provider
Our online store is hosted by Wix Inc. They provide us with an e-commerce platform that enables us to sell our products and services to you.
​
Online Store Terms
By accepting these Terms of Service, you confirm that you are of the legal age of majority in your state or province of residence. If you are not of legal age, you must have obtained the necessary consent from your parent or legal guardian to use this site.
You may not use our products for any unlawful or unauthorized purpose, and you must not violate any laws in your jurisdiction, including copyright laws. You must refrain from transmitting any worms, viruses, or any code with destructive intent. Violating any of these terms will result in the immediate termination of your services.
​
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that the content you provide, excluding credit card information, may be transferred unencrypted and may traverse various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service, including contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
​
Accuracy, Completeness, and Timeliness of Information
We are not responsible for inaccuracies, incompleteness, or timeliness of information posted on this site. The material provided here is for general informational purposes and should not be your sole basis for making decisions. Always consult more primary, accurate, complete, or timely sources of information before making decisions based on the material on this site.
Historical information on this site may not be current and is provided for reference only. We may modify the site's contents at any time, but we are not obligated to update any information on our site. You are responsible for monitoring changes to our site.
​
Modifications to the Service and Prices
Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.
​
Products or Services
Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to our return or exchange policy, which can be found here:
We make every effort to display the colours and images of our products accurately, but we cannot guarantee that your computer monitor will display colours accurately. 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 do this on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offers for products or services on this site are void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
​
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 apply to orders placed using the same customer account, credit card, or billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you via the email address or billing address/phone number provided at the time the order was made. We also 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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
​
Optional Tools
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we offer access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without endorsement. We bear no liability arising from your use of optional third-party tools. Your use of optional tools offered through our site is entirely at your own risk and discretion. Ensure you are familiar with and approve of the terms provided by the relevant third-party provider(s). In the future, we may offer new services and features through our website, subject to these Terms of Service.
​
Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites. We do not warrant or assume any liability for any third-party materials or websites or for any other materials, products, or services of third parties.
​
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with any third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
​
User Comments, Feedback, and Other Submissions
If we request specific submissions from you (e.g., contest entries) or you provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to (1) maintain comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.
While we may, at our discretion, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service, you are responsible for ensuring that your comments do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments must not contain libellous or otherwise unlawful, abusive, obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
​
Personal Information
The submission of personal information through our store is governed by our Privacy Policy, which you can view here:
​
Errors, Inaccuracies, and Omissions
Occasionally, there may be errors, inaccuracies, or omissions in the information on our site or in the Service, including product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
​
Prohibited Uses
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for unlawful purposes, soliciting others to perform or participate in unlawful acts, violating international, federal, provincial, or state regulations, rules, laws, or local ordinances, infringing upon or violating our intellectual property rights or the rights of others, harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, submitting false or misleading information, uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the Service or any related website, collecting or tracking the personal information of others, spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, using the Service for any obscene or immoral purpose, or interfering with or circumventing the security features of the Service or any related website. We reserve the right to terminate your use of the service or any related website for violating any of these prohibited uses.
​
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided 'as is' and 'as available,' 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.
​
In no case shall Mala Merkaba, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, 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 any part of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
​
Indemnification
You agree to indemnify, defend, and hold harmless Mala Merkaba and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 the documents they incorporate by reference, or your violation of any law or the rights of a third party.
​
Severability ​
If 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 to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
​
Termination ​
The obligations and liabilities of the parties incurred before 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 we believe, in our sole judgment, that you have failed to comply with any term or provision of these Terms of Service, 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. We may also deny you access to our services (or any part thereof).
​
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 with respect to the Service 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 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.
​
Governing Law
These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the laws of Canada.
​
Changes to 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 on 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.
​
​
Contact Information
If you have any questions about these Terms of Service, please contact us at hello@malamerkaba.com.
Our contact information is as follows:
​
Mala Merkaba
68 Sunvale Way
Ottawa, Ontario
K2G 6X5
613-983-8724
​
​
​
​
​
​