Terms of Service

Welcome to the online store of How Rare Inc, referred to as “How Rare,” “we,” “us,” or “our”! These Terms of Service (“Terms”) govern your use of our website and the purchase of products from our store. By accessing our website or using any part of the site and making a purchase, you acknowledge and agree to be legally bound by these Terms. If you do not agree with these Terms, you must refrain from accessing or using our website. We recommend that you carefully read and understand these Terms before using our services.

Description of Service
How Rare provides this website, including an extensive collection of rare and unique products, along with various information, tools, and services available on this site, subject to your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing an item from us, you engage in our “Service” and agree to be bound by these Terms of Service, including our Privacy Policy and any other applicable policies available on the website, which collectively govern your use of the website and our offerings. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Modifications to Site
We reserve the right to update or modify the contents of our website and these Terms of Service at any time and without prior notice. Any modifications made will be effective immediately upon posting on the website. It is your responsibility to review the Terms of Service each time you visit our website or make a purchase from us. By continuing to use our website or purchase products from us, you acknowledge and agree to be bound by the most recent version of these Terms of Service. If you do not agree with any modifications, you have the option to discontinue using our services.

Use of the Website
a. Eligibility: You must meet the eligibility requirements to use our website or make a purchase, which include being at least 18 years old or reaching the legal age of majority in your jurisdiction. By using our website, you affirm that you satisfy the eligibility criteria and warrant that any minor dependents using this site have obtained your consent. It is strictly prohibited to use our products for any illegal or unauthorized purposes, and you must not engage in any activities that violate the laws of your jurisdiction, including, but not limited to, copyright laws. Your use of our website constitutes your explicit agreement to comply with these Terms of Service, as well as any applicable laws and regulations.
Non-compliance with any of the Terms of Service may result in immediate termination of your access to our services without prior notice or liability. We reserve the right to take appropriate actions, as deemed necessary, to enforce these terms, protect our interests, and ensure the proper functioning of our website.

b. Account Creation: When creating an account, you must choose a strong password and maintain strict confidentiality of your account credentials. You bear sole responsibility for safeguarding the confidentiality of your account and for all activities conducted under your account. Any unauthorized access or use of your account must be reported to us immediately. By creating an account, you acknowledge that you understand and accept the full extent of your responsibilities regarding the security and confidentiality of your account.

Disclaimer of Warranties and Product:
The materials on our website are provided ‘as is’ without any warranties, express or implied. How Rare Inc. does not guarantee the accuracy, reliability, or likely results of the information provided. We hereby disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Your use of the website and any content or materials downloaded or obtained through the website is at your own risk. How Rare Inc. does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. While we strive to provide accurate and reliable information, we do not guarantee the correctness, accuracy, adequacy, usefulness, timeliness, or reliability of the materials on this website. Your use of the website and any content or materials obtained through it is solely your responsibility, and you are responsible for ensuring the security of your devices and systems while using our website.
The products or services available on the website may have limited quantities and are subject to return or exchange only according to our Return Policy. While we have made every effort to display the colors, material, sizes, and images of our products as accurately as possible, we cannot guarantee the accuracy of the display of any image size and color. We reserve the right, at our sole discretion, to limit the sales of our products or services to any person, geographic region, or jurisdiction 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 without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the service will be corrected.

Service Interruptions and Cancellations:
We make every effort to provide uninterrupted, timely, and secure service. However, we do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We reserve the right to suspend or cancel the service, without prior notice, for indefinite periods of time.

Limitation of Liability:
By utilizing our service, you acknowledge and agree that your use of, or inability to use, the service is solely at your own risk. The service is provided on an ‘as is’ and ‘as available’ basis, without any representations, warranties, or conditions of any kind, whether express or implied. We make no guarantee or warranty of any kind, expressly disclaiming all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
In no event shall How Rare Inc., its shareholders, owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from contract, tort (including negligence), strict liability, or otherwise. This limitation of liability applies to any errors or omissions in the content, as well as any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or made available through the service, even if we have been advised of the possibility of such damages.
This limitation of liability applies to the maximum extent permitted by law, regardless of the legal theory under which such damages are sought, whether in contract, tort, negligence, strict liability, or otherwise, and is subject to applicable laws. How Rare Inc. shall not be liable for any damages arising from the actions or conduct of third parties. The limitations of liability extend equally to all parties mentioned in this clause.”

Indemnification:
You agree to indemnify, defend, and hold harmless How Rare Inc. and its subsidiaries, affiliates, partners, shareholders, owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or are related to your use of the website, violation of the Terms of Service, or infringement of any rights of third parties.

Third-Party Links:
Our service may include content, products, and services from third parties. Third-party links on our site may redirect you to websites that are not affiliated with us. We expressly disclaim any responsibility for examining or evaluating the content or accuracy of third-party materials or websites. We provide no warranty and accept no liability for any third-party materials, websites, or any other materials, products, or services. Your engagement in any transactions with third-party websites is solely at your own risk, and you bear full responsibility for reviewing the third party’s policies and practices before proceeding. Any complaints, claims, concerns, or questions regarding third-party products should be directly addressed to the third party. We explicitly reserve the right to refuse service to any individual for any reason at any time.

Optional Third-Party Tools:
We may provide access to third-party tools, but we do not monitor or control them. These tools are offered “as is” and “as available,” without any warranties or guarantees. We are not liable for any issues or damages arising from their use. You bear full responsibility for reviewing and approving the terms and conditions set by the third-party providers. Any reliance on these tools is at your own risk. We may introduce new services and features, which will also be subject to these Terms of Service. Our inclusion of third-party tools does not imply endorsement. Prioritize due diligence, including reviewing the terms, privacy policies, and security measures of the third-party providers. We are not liable for any damages or losses resulting from the use of these tools. In case of disputes or legal actions, you release and indemnify us from any liabilities. We reserve the right to modify or discontinue third-party tools at any time. By using our website and accessing these tools, you accept these terms and absolve us of any responsibility or liability.

Product Information:
a. Product Descriptions: While we endeavour to provide accurate and comprehensive product descriptions, including measurements, pictures, colours, and materials, we cannot guarantee the accuracy, completeness, or currency of the information. We reserve the absolute right to modify the product information at any time without prior notice. However, it is important to note that How Rare Inc is under no obligation to update the product descriptions

b. Pricing: All product prices stated on the website are in the applicable currency and are subject to change without any prior notice. We shall not be held responsible for any pricing errors or inaccuracies. In the event of an error, we explicitly reserve the right to cancel any orders placed with incorrect pricing.

Limitation of Liability:
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 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.

Disclaimer of Liability and Content Security
You acknowledge and understand that the transmission of your content (excluding credit card information) may occur in an unencrypted manner and involve (a) transmissions over various networks and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. By using the Service, you explicitly 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 obtaining our express written permission.
Furthermore, you acknowledge that while we employ reasonable security measures, we do not guarantee the absolute security of your content. We shall not be held liable for any unauthorized access, use, or disclosure of your content, whether due to factors within or beyond our control. It is your responsibility to take appropriate measures to protect and secure your content.
Please be advised that any reliance on the Service and any content transmitted or obtained through the Service is solely at your own risk. We shall not be responsible for any loss, damage, or harm, including but not limited to indirect, incidental, punitive, or consequential damages, arising out of or in connection with the use of the Service or any content on the website.

Modification or Discontinuation of Service
We reserve the right, at our sole discretion, to modify or discontinue the website, in whole or in part, including any content or features, at any time and without prior notice. You acknowledge and agree that we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website or its services.

Ordering and Payment
a. Order Acceptance: The placement of an order on our website does not automatically imply acceptance of the order. We retain the unfettered right to accept or decline any order at our sole discretion. If we choose to decline your order, we will promptly refund any payment received. Furthermore, we reserve the right, at our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. Such limitations may extend to orders placed by or under the same customer account, the same credit card, and/or orders utilizing the same billing and/or shipping address. In the event of changes to or cancellation of an order, we may endeavour to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

b. Payment: We accept various payment methods as indicated on our website. By providing your payment details, you affirm and guarantee that the information provided is accurate and complete. Moreover, by submitting your payment details, you explicitly authorize us to charge the total order amount, including applicable taxes, delivery, and other fees, to the designated payment method. You agree to provide current, complete, and accurate purchase and account information for all transactions conducted at our store. Furthermore, you undertake to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure the successful completion of your transactions and enable us to contact you as necessary.

Shipping and Delivery
a. Shipping: We shall make diligent efforts to dispatch your order within the specified timeframe. However, we cannot provide a guarantee for specific delivery dates or times, as they may be subject to variables beyond our control.
b. Delivery: Upon transfer of the products to the designated shipping carrier, the risk of loss and title shall pass to you. We shall not be held responsible for any damage or loss of products that may occur during the shipping process. It is strongly advised that you inspect the package upon delivery and promptly report any visible damage to the shipping carrier. For further details, please refer to our comprehensive Shipping Policy. For more information, please refer to our Shipping Policy.

Returns and Refunds
a. Returns: We accept returns within the designated timeframe outlined in our Returns Policy. Unless the return is a result of our error or a defective product, you are responsible for the return shipping costs.

b. Refunds: Upon the receipt and inspection of the returned product, we shall initiate the refund process in strict adherence to our Return Policy. The refunded amount will be credited to the original payment method used for the purchase.

Intellectual Property
a. Ownership: All content displayed on our website, including but not limited to text, graphics, logos, images, product designs, and trademarks, is the sole property of How Rare or its licensors and is safeguarded by intellectual property laws. This website and its contents are protected under copyright by How Rare Inc., with all rights reserved.

b. Limited License: By accessing our website, How Rare grants you a limited, revocable, non-transferable, and non-exclusive license. This license entitles you to access and use our website solely for personal and non-commercial purposes, subject to the restrictions set forth herein. Any unauthorized use, reproduction, or distribution of our content is strictly prohibited.

Restrictions:
You expressly acknowledge and agree that you shall not:
– Copy, reproduce, modify, or create derivative works based on our content without obtaining explicit written permission from How Rare.
– Remove or alter any copyright, trademark, or other proprietary notices from our materials.
– Transfer or sublicense our materials to any third party.
– Use our website or its contents for any commercial or unauthorized purposes.
– Engage in any activity that infringes upon the intellectual property rights of How Rare or any third party.
– Violation of any of these restrictions may result in the immediate termination of your license and may give rise to legal action against you.

Termination:
In the event of license termination or cessation of your access to our materials, you are obligated to immediately cease all use and destroy or delete any downloaded or printed materials in your possession, whether in electronic or physical format.”

Enforcement:
How Rare reserves the right to take appropriate legal action, including seeking injunctive relief and damages, to protect its intellectual property rights and enforce these Terms of Service.

Privacy Policy
By using our website, you expressly agree to the collection, use, and protection of your personal information as outlined in our Privacy Policy. Our Privacy Policy provides comprehensive details regarding the collection, use, and safeguarding of your personal information

User Comments, Feedback and Other submissions:
In the event that we request specific submissions from you or you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as “comments”), whether through online, email, postal mail, or any other means, you hereby grant us an irrevocable, worldwide, royalty-free, non-exclusive license to edit, copy, publish, distribute, translate, and utilize these comments in any medium, without any restrictions. You acknowledge and agree that:
– We have no obligation to maintain the confidentiality of any comments.
– We are not required to provide compensation for any comments.
– We are not obligated to respond to any comments.
– We may, at our sole discretion, monitor, edit, or remove content that we deem 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. However, we retain the right to take such actions without any obligation.

You affirm that your comments will not infringe upon any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could in any way affect the operation of the Service or any related website.
You are prohibited from using a false email address, impersonating someone else, or misleading us or any third parties as to the origin of any comments.
You bear sole responsibility for the content and accuracy of your comments.
We assume no responsibility and accept no liability for any comments posted by you or any third party.

Personal Information:
The submission of your personal information through the store is subject to and governed by our Privacy Policy.

Information Errors and Updates:
At times, there may be occurrences of typographical errors, inaccuracies, or omissions in the information provided on our website or through our service. These errors or omissions may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update information. Additionally, we retain the right to cancel orders if any information on the service or any associated website is found to be inaccurate, even after an order has been placed, without prior notice.

Severability:
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

Entire Agreement:
The failure of How Rare Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and How Rare Inc., governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and How Rare Inc. (including, but not limited to, any prior versions of the Terms of Service).

Governing Law:
These Terms and any separate agreements whereby How Rare Inc. provides you with services shall be governed by and construed in accordance with the laws of the jurisdiction in which How Rare Inc. is registered.

Contact Information:
Any questions regarding the Terms of Service should be directed to us at info@howrare.ca.