Terms and Conditions and Privacy Statement

Terms of use This website is operated by The Canvas Art Factory. Throughout the site, the terms "we," "us," and "our" refer to The Canvas Art Factory. The Canvas Art Factory offers this website, including all information, tools, and services available from this site, 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.

**SECTION 1 - ONLINE STORE TERMS** By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 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 copyright 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.

**SECTION 2 - GENERAL CONDITIONS** We reserve the right to refuse service to anyone for any reason at any time. 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. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

**SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION** 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. Any reliance on the material on this site is at your own risk. 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.

**SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES** Prices for our products are subject to change without notice. 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.

**SECTION 5 - PRODUCTS OR SERVICES** 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. 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 computer monitor's display of any color will be 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 anytime without notice, at the sole discretion of us. 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

**SECTION 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 e‑mail 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 detail, please review our Returns Policy.

**SECTION 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

**SECTION 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

**SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS** If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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 and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, 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 take no responsibility and assume no liability for any comments posted by you or any third-party.

**SECTION 10 - PERSONAL INFORMATION** Your submission of personal information through the store is governed by our Privacy Policy. ---

**SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS** At times, there may be instances of typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to rectify any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information in the Service or on any associated website is inaccurate, without prior notice (even after an order has been submitted). We undertake no obligation to update, modify, or clarify information in the Service or on any related website, including pricing information, except as required by law. Any specified update or revision dates in the Service or on any associated website do not imply that all information in the Service or on any associated website has been altered or updated.

**SECTION 12 - PROHIBITED USES** Beyond the restrictions outlined in the Terms of Service, you are prohibited from using the site or its content for unlawful purposes, soliciting unlawful actions from others, violating international, federal, provincial, or state regulations, infringing on our or others' intellectual property rights, engaging in discrimination or harassment, submitting false information, uploading malicious code, collecting personal information of others, engaging in spam or phishing, conducting obscene or immoral activities, or interfering with the security features of the Service or associated websites. Violation of any of these prohibited uses may result in termination of your use of the Service or any associated website.

**SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY** We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not ensure that the results obtained from the use of the service will be accurate or reliable. You agree that we may occasionally remove or cancel the service for indefinite periods or entirely, without prior notice. Your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered through the service are provided 'as is' and 'as available' for use, without any representation, warranties, or conditions of any kind, either express or implied. We, nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, shall be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the service or any products procured using the service. Please note that in certain states or jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

**SECTION 14 - INDEMNIFICATION** You agree to indemnify, defend, and hold harmless The Canvas Art Factory and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, employees, and associates from any claims or demands, including reasonable attorneys’ fees, arising due to your breach of these Terms of Service or violation of any law or the rights of a third-party. **SECTION 15 - SEVERABILITY** Should any provision of these Terms of Service be determined unlawful, void, or unenforceable, the enforceability of the remaining provisions shall not be affected and shall remain enforceable to the fullest extent permitted by law.

**SECTION 16 - TERMINATION** The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service are effective unless and until terminated by either party. We reserve the right to terminate this agreement or deny access to our Services at our discretion, without notice, if there is a suspected failure to comply with any term or provision outlined in these Terms of Service.

**SECTION 17 - ENTIRE AGREEMENT** The failure to enforce any right or provision of these Terms of Service does not waive such right or provision. These Terms of Service, along with any policies or operating rules posted by us, constitute the entire agreement between you andThe Canvas Art Factory governing your use of the Service, replacing any prior agreements, communications, or proposals, whether oral or written, between you and us.

**SECTION 18 - GOVERNING LAW** These Terms of Service and any agreements for Services provided by us are governed by and construed in accordance with the laws of the United States.

**SECTION 19 - CHANGES TO TERMS OF SERVICE** The most current version of the Terms of Service can be reviewed at any time on this page.

Privacy Policy **Privacy Policy** *Effective Date: January 1, 2024* This website is owned and operated by The Canvas Art Factory, a division of Willems Art ("The Canvas Art Factory," "us," "we," and "our"). This Privacy Policy outlines how The Canvas Art Factory collects, uses, and shares information gathered about you through our website, www.The Canvas Art Factory.com (the "Website"). It also highlights how we safeguard your information and how you can communicate with us about our privacy practices. "Personal Information" refers to data that directly identifies you, such as your name, address, telephone number, email address, or any information defined as such under applicable privacy laws. Should you have inquiries or comments concerning this Privacy Policy, please reach out to us at support@TheCanvasArtFactory.com.au This Privacy Policy encompasses: - **Changes to Our Privacy Policy** - **Information We Collect** - **How We Collect and Use Your Information** - **How We Share Your Information with Third Parties** - **Basis For Collecting Your Information** - **Data Storage and Protection** - **How We Protect Your Personal Information** - **Making Changes To Your Personal Information** - **GDPR Compliance** - **Third Party Websites** - **California Privacy Rights** - **Questions and How to Contact Us** **Changes to Our Privacy Policy**

We may modify this Privacy Policy periodically. Notice of any significant changes will be provided via email, a notice on the Website's homepage, or upon your first login after the updates. It's advisable to review the revised Privacy Policy to understand our practices. **Information We Collect** The Canvas Art Factory collects information when you access the Website, communicate through it or our social media channels, or engage with our web applications. Information sources include you directly, our affiliates, business partners, or publicly available data. Collected information may include: - Personal Information: name, address, email, phone number, and company name. Provision of Personal Information is not mandatory for browsing the Website. - Information required for account creation or service access. - Additional data provided by you or obtained from third parties. Automated means, such as cookies, may collect certain information when you visit our Website. These include details about devices used, page visits, site navigation, and search terms. **How We Collect and Use Your Information** We utilize Personal Information for internal purposes like maintaining the Website, offering services, fulfilling requests, and delivering ordered products. Your details may aid in targeted marketing and customer analysis through third-party data linking. We employ Google Analytics to analyze Website usage, using cookies to collect data in an anonymous format. For details on Google Analytics data protection, refer to www.google.com/analytics/learn/privacy.html. Cookies and pixel tags help us collect abandoned shopping cart information and improve user experience. For further details, view our Cookie Policy on the Website. **How We Share Your Information with Third Parties** We collaborate with third parties to enhance, maintain, and optimize the Website and services. This includes payment processing, production, analytics, reporting, and advertising. We may disclose Personal Information when legally required, to protect rights, prevent harm, or with your consent. Aggregated, de-identified data may be shared with partners, advertisers, or investors. **Basis for Collecting Your Information** We collect and process data to deliver requested services, monitor, enhance our offerings, and communicate relevant products or services. This is supported by our legitimate interests or contractual obligations unless specified otherwise. **Data Storage and Retention** Your Personal Information is stored on our servers and cloud-based databases in the United States. We retain data as necessary during the business relationship or as permitted/required by law. **How We Protect Your Personal Information** We employ industry-standard physical, technical, and administrative measures to secure your Personal Information. However, due to the nature of the internet, we cannot ensure absolute information security. **Making Changes to Your Personal Information** For inquiries or updates to your Personal Information, contact us at support@TheCanvas ArtFactory.com.au or call. Upon account closure, we cease using your online account details but may retain a copy for archival or business purposes. **GDPR Compliance** European Union (EU) data subjects hold specific rights under GDPR. These rights encompass access, rectification, erasure, or restriction of Personal Information processing. For GDPR-related queries or to exercise these rights, email  support@TheCanvasArtFactory.com.au     **Third Party Websites** This Privacy Policy doesn't apply to third-party websites accessible via our Website. Review the privacy policies of these sites as we have no control over their information practices. For information sharing not covered in this Policy, you'll be notified to make an informed choice. **California Privacy Rights** Under California law, residents have rights regarding information sharing. For “Shine the Light” requests or CCPA-related inquiries, email support@TheCanvasArtFactory.com.au Please include “Shine the Light Request” or “CCPA Consumer Request” in the subject line or body of your email. **Questions and How to Contact Us** For questions, concerns, complaints, or suggestions regarding this Privacy Policy or to contact us, utilize the interactive chat on our website, email us at support@TheCanvasArtFactory.com.au --- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Canvas Art Factory. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.

Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to CanvasArt or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Canvas Art Factory mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to CanvasArt or email support@thecanvasartfactory.com.au. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.