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Terms & Conditions

Please read these Terms and Conditions carefully before using our Services.


Using our Services

These Terms and Conditions apply to all of Woo See-Ming’s Services: its Websites (https://www.wooseeming.com), and any Goods, content or services offered.

These are the Terms and Conditions governing the use of our Services and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all Visitors regarding the use of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, customers, users, readers and others (“Visitors”) who access or use the Services. By accessing or using the Services you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Services.


Privacy and Cookies

Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Woo See-Ming operates according to the following privacy commitments:

  • We are thoughtful about the Personal Data we collect about you and only collect as much data as needed to perform our Services.
  • We store Personal Data only for as long as we have a reason to keep it and as it is needed to serve you.
  • You can contact us at any time to obtain the Personal Data we hold about you or to request for it to be permanently deleted.
  • We do not and never will sell any Data, Personal or otherwise, to third parties.
  • We aim for full transparency on how we gather, use, and share your Personal Data.
  • We make our best effort to comply with PIPEDA, CASL, GDPR and CCPA.


Placing Orders for Goods

By placing an Order for Goods through our Services, including this Website, you warrant that you are over 18 years of age and legally capable of entering into binding contracts. You can place an Order by creating an Account on our Website or checkout as a guest.


Your Information


If you wish to place an Order for Goods available through our Services, you may be asked to supply certain information relevant to your Order including, without limitation, your first name, your last name, your email, your phone number, your credit card number or PayPal account information, the expiration date of your credit card, your credit card’s CVV code, your billing address, and your shipping address. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s), PayPal account or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
By placing an Order through our Services you also agree to receive emails about the progress of your Order, such as Order confirmation emails, shipping confirmation emails, Order cancellation emails, etc. These emails will be sent out from info@wooseeming.com. Please make sure to check your junk, spam or Google Promotions folders for such emails.


Order Cancellation


We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in your Order
  • We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.


Returns and Order Cancellation Rights

You can cancel an existing Order for any reason up until the point where you have received a shipping confirmation email from Woo See-Ming. In order to cancel your Order, please email us at info@wooseeming.com with your Order number. We will reimburse you no later than 14 days from the day on which we received your cancellation request. We will use the same means of payment as you used for the Order, and you do not charge any fees for such reimbursement.


In the case you have already received your Order and are not happy with it, please let us know in writing via email at info@wooseeming.com within 30 days of the delivery date of your Order to obtain a return authorization number. Woo See-Ming will refund the original Order amount minus the shipping fees of the original Order if all Goods are returned to us in the same condition as you received them. Goods that are damaged or not in the same condition as you received them or which show signs of wear and tear simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession. You should also include your receipt, all product instructions, documents and product packaging and wrappings. We will reimburse you no later than 14 days from the day on which we receive the returned Goods in new condition. We will use the same means of payment as you used for the Order, and will not charge you any fees for such reimbursement. Woo See-Ming does not cover the return shipping costs and is not responsible for lost mail of returned Goods.


The following Goods cannot be returned:

  • The supply of Goods made to your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital downloads in PDF format.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
  • The supply of Goods marked as “On Sale”.

In case of quality issues, shipping errors or manufacturing defects we will ask you to send us a photograph of the problem to info@wooseeming.com, along with details about your concern within 30 days of the delivery date of your Order. Woo See-Ming will then – depending on the circumstances – either dispatch a replacement item to you, issue a refund or issue a store credit.
Woo See-Ming is not responsible for lost mail. In case your Order has not arrived within 45 days of the ship date, please contact Woo See-Ming no earlier than 45 days after the ship date and no later than 80 days after the ship date at info@wooseeming.com. We will do our best to assist you.


Woo See-Ming reserves the right to change its return policy at any time.


Availability, errors and inaccuracies

We are constantly updating our offerings of Goods within our Services. The availability of Goods listed for sale is subject to change. The Goods available may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Website, in our advertising or in any other channels.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, or descriptions of additional services. We reserve the right to change and update information and the right to correct errors, inaccuracies, or omissions at any time without prior notice.


Prices

All prices on Woo See-Ming’s Services, including its Website, are listed in US Dollars (USD). The Company reserves the right to revise its prices at any time. Prices are listed exclusive of Canadian sales taxes (GST/HST). Goods sold to Visitors with a Canadian shipping address are subject to applicable Canadian provincial and federal sales taxes. Payment can be made through various payment methods, such as Visa, MasterCard, American Express cards and PayPal. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer and our payment processing Service Providers. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order. Orders with failed payments will be canceled within 14 days if no payment is received.
Woo See-Ming’s Website is secured by Secure Socket Layer (SSL) technology to make sure that any information transmitted from the browser to the server, including Personal Data, is encrypted and protected. Please note that Woo See-Ming does not store or collect your payment card details. That information is provided directly to our third-party payment processors, WooCommerce Payments and PayPal, whose use of your Personal Data is governed by their own privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Orders from YW will be shown on your bank statements as “WOOSEEMING.COM” or “WOOSEEMING PHOTOGRAPHY”.

Shipping rates and delivery methods

Woo See-Ming ships worldwide.


You can find shipping rates for your country by entering your postal code, city, province and country into the shipping rate calculator in your cart, before you check out. We ship with Canada Post (or an equivalent postal service) and all our shipments are tracked.

We reserve the right to put select Orders on hold if the cost of shipping to your destination with tracking significantly exceeds the shipping rate you paid as part of your Order. If that is the case, we will contact you via email to provide a revised shipping quote. Should you choose not to accept that shipping quote, we will cancel your Order and issue a refund.


Orders are shipped out within 3 business days of receiving your order confirmation email. Our business days are Monday to Friday, excluding any Canadian and US provincial, state or federal bank holidays.


Once we have shipped out your Order, you will receive a shipping confirmation email along with the tracking number for your shipment. A signature may be required to receive the shipment.


Please note that as the customer, you are the importer of record responsible for importing the Goods purchased on Woo See-Ming into your country. You are responsible for any additional duties, customs charges, fees, taxes or import charges which may be charged by your country’s customs authorities and/or your country’s government when receiving your shipment at the destination address.


Promotions


Any Promotions made available through our Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.


User Accounts and security


When you create an Account on our Website, you must provide us with a username, email address and password. You are responsible for safeguarding the password that you use to access your Woo See-Ming Account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
To enhance the security of your Account, we encourage you to use a strong password when creating your Woo See-Ming Account and to use a password manager. The security of your Personal Data is important to us. We monitor our Services for potential vulnerabilities and attacks. While we strive to make every acceptable effort to protect your Personal Data, we cannot guarantee its absolute security.
We will retain your Woo See-Ming Account information as long as it is as necessary to provide you with Services or until you request from us that your Account be deleted. You can request the deletion of your Account at any time by emailing Woo See-Ming at info@wooseeming.com. If you have a Woo See-Ming Account which you would like to have deleted, we will need you to contact us from the email address associated with your Account.


Intellectual Property

The Services of Woo See-Ming and its original content features and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, and other laws of both the Country and foreign countries. Our content, logo and brand elements may not be used in connection with any product or service without the prior written consent of the Company.


Links to Other Websites


Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Third party websites may utilize marketing and/or statistics Cookies. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Blog articles or web pages on Woo See-Ming may include embedded content. Embedded content from other websites behaves in the exact same way as if the Visitor has visited the other website. These websites may collect data about you, use Cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an Account and are logged into that website. Wherever possible, Woo See-Ming will make efforts to embed content to other websites in “DoNotTrack”-mode.

Visitors under the age of 18

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.


Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.


Upon termination, your right to use the Services will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $25 USD if you haven’t purchased anything through the Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.


“AS IS” and “AS AVAILABLE” Disclaimer

The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, Devices, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a Consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law


These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. Your use of the Services may also be subject to other local, provincial, state, national, federal or international laws.


Disputes Resolution


If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company. If the dispute remains unresolved thereafter, such dispute shall be resolved before the courts of Ontario, sitting in the City of Toronto. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts with respect to any dispute or claim arising out of or in connection with these Terms and Conditions.


For European Union (EU) Users


If you are a European Union Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.


United States Legal Compliance


You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver


Severability


If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.


Translation Interpretation


These Terms and Conditions were originally written in English (CA). In the event of a conflict between a translated version of our Terms and Conditions and the English version, the English version will take precedence.


Changes to These Terms and Conditions


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.


Interpretation and Definitions


Interpretation


The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions


For the purposes of these Terms and Conditions:


Account means a unique eCommerce account created for you on the Company’s Website to access your past transactions, downloads, store credit and other parts of our Services.

California Consumer Privacy Act (“CCPA”) refers to a California privacy law.CASL refers to Canada’s Anti-Spam Legislation.

Company (referred to as either “the Company” or “Woo See-Ming” in this Agreement) refers to Woo See-Ming Photography, PO Box 559 Stn C, Toronto, ON, M6J 3P6, Canada. For the purposes of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Cookies are small data files transferred onto your computer, mobile Device or any other Device by websites for record-keeping purposes, to capture details of your browsing history on that website and to enhance the functionality of that website.

Country refers to: Ontario, Canada.

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.

GDPR (General Data Protection Regulation) refers to the European data privacy and security law.Goods refer to the items offered for sale on the Service.

Instagram is a public profile named “Woo See-Ming” specifically created by the Company on the Instagram social network, accessible from https://www.instagram.com/wooseeming.

Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

PIPEDA refers to the Personal Information Protection and Electronic Documents Act, a Canadian privacy law.

Promotions refer to contests, sweepstakes or other promotions offered through the Services.

Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.

Services refers to our Website, products, events, content and other services offered for sale or for free by the Company in its communication and distribution channels.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate its Services, to provide the Services on behalf of the Company, to perform services related to the Company’s Services or to assist the Company in analyzing how its Services are used. For the purpose of the GDPR, Service Providers are considered data processors.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.

Website refers to the Company’s Websites, accessible from https://www.wooseeming.com.

Visitor (“you”) means the individual or company or other legal entity on behalf of which such individual is accessing or using the Company’s Services, as applicable. Under GDPR (General Data Protection Regulation), you can be referred to as the data subject or as the Visitor as you are the individual using the Services.

Contact us

If you have any questions about these Terms and Conditions, you can contact us

  • by email at info@wooseeming.com or
  • by postal mail at Woo See-Ming, PO Box 559 Stn C, Toronto, ON, M6J 3P6, Canada.
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