Last Updated: December 11, 2023
Please read these Terms and Conditions of use carefully before using this website.
These Terms and Conditions govern the use of www.macpheeinteriors.com (the “Site”). This Site is owned and operated by MacPhee Interiors Inc. If you continue to browse and use this Site, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our privacy policy, govern MacPhee Interiors Inc.’s relationship with you in relation to your use of this Site.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them. For the purposes of these Terms and Conditions, “Site”, “Us”, “Our” and “We” refers to MacPhee Interiors Inc. and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.
Intellectual Property, Copyright, Trademark, and Restrictions of Use
All content published and made available on our Site is owned by or licensed to MacPhee Interiors Inc. This material includes, but is not limited to, the design, images, text, logos, documents, downloadable files, layout, look, appearance, trademarks, graphics, and anything that contributes to the composition of our Site. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. You are not permitted to republish, upload, transmit electronically or otherwise, or distribute any of the materials, documents, or products that may be available for download from time to time on this Site.
MacPhee Interiors Inc. expressly reserves all copyright and trademark in all documents, information, and materials on our Site and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Exclusion of Competitors
If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of MacPhee Interiors Inc. MacPhee Interiors Inc. expressly excludes and does not permit you to use or access our Site, to download any documents or information from its Site, or obtain any such documents or information through a third party. If you breach this term then MacPhee Interiors Inc. will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. MacPhee Interiors Inc. reserves the right to exclude and deny any person access to our Site, services, or information in our sole discretion.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
1. Harass or mistreat other users of our Site.
2. Violate the rights of other users of our Site.
3. Violate the intellectual property rights of the Site owners or any third party to the Site.
4. Hack into the account of another user of the Site.
5. Act in any way that could be considered fraudulent.
6. The Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Consumer Protection Law
MacPhee Interiors Inc.’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this Site and to purchase any goods or services.
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Delivery of Goods
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Education or Coaching
By using our services, you agree that MacPhee Interiors Inc. is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold MacPhee Interiors Inc. liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials, or techniques used or provided by MacPhee Interiors Inc.
All our information on both the Site and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial, or legal advice. Results are not guaranteed and MacPhee Interiors Inc. takes no responsibility for your actions, choices, or decisions.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Links to Other Websites
MacPhee Interiors Inc. may from time to time provide on its Site links to other websites, services, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval, or arrangement between MacPhee Interiors Inc. and the owners of those websites. MacPhee Interiors Inc. takes no responsibility for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
MacPhee Interiors Inc.’s Site may contain information or advertisements provided by third parties for which MacPhee Interiors Inc. accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Guests
The Site may, from time to time, provide information from a third party in the form of a video interview on another platform (which may be embedded in this Site), guest blog post, or other medium. The Site does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any interview offered by the Site agree to transfer all intellectual property rights they may have in any such interviews to the Site and further provide a license to any rights they are unable to assign.
Limitation of Liability
You agree to absolve MacPhee Interiors Inc., Trina MacPhee, and our directors, agents, employees, subsidiaries, and affiliates of any and all actions, claims, loses, damages, liabilities and expenses including legal fees arising out of your or any person or entity associated with you who may suffer or incur as a result of use of the information contained on this Site and/or the resources you may download from this Site You agree that the Site shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Site.
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Site and/or its suppliers may make improvements and/or changes in the Site at any time.
The Site and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Site and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Site and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Site or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless MacPhee Interiors Inc., Trina MacPhee, and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Disclaimer
To the fullest extent permitted by law, MacPhee Interiors Inc. absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for any particular purpose, non-infringement, or course of performance. MacPhee Interiors Inc. gives no warranty that the documents, goods, or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable, and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link, or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of MacPhee Interiors Inc. to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
International Users
The Site is controlled, operated, and administered by MacPhee Interiors Inc. from our office within Canada. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use MacPhee Interior Inc.’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Your Privacy
At MacPhee Interiors Inc., we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Principles of the Office of the Privacy Commissioner of Canada. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. MacPhee Interiors Inc.’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Third Parties
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Site and services but not for any other use.
Disclosure of Information
MacPhee Interiors Inc. may be required, in certain circumstances, to disclose information in good faith and where MacPhee Interiors Inc. is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our clients and customer agreements; or to protect the rights, property, or safety of our clients, customers or third parties.
Whole Agreement
These Terms and Conditions represent the whole agreement between you and MacPhee Interiors Inc. concerning your use and access to MacPhee Interiors Inc.’s Site and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Governing Law
These Terms and Conditions are governed and construed in accordance with the laws of the Province of Alberta and Canada.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have between us regarding the Site.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Amendment of Terms
We reserve the right to change, modify, add, or remove portions of these terms at any time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.
When we amend these Terms and Conditions, we will update the “Effective Date” at the top of these Terms and Conditions. We recommend that our users periodically review our Terms and Conditions to ensure that they are notified of any updates. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and MacPhee Interiors Inc.’s rights and obligations to each other.
Contact Information
If you have any questions or concerns, you can contact:
Trina MacPhee
MacPhee Interiors Inc.
Email: trina@macpheeinteriors.com
Phone: 587.600.2012