The following Terms and Conditions are entered into by and between You and ‘Magine Enterprises Inc. (“Holy Mackerel”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of https://holymackerelstore.ca/, including any content, functionality and services offered on or through https://holymackerelstore.ca/ (the “Site” or “Website”), whether as a guest or a purchaser through the e-commerce platforms connected to the Website.

1. Copyright Notice

This Website https://holymackerelstore.ca/or the “Site” and its contents are protected by the copyright laws of Canada and international treaties to which Canada is a signatory. Except as otherwise provided for under copyright law, this website and its content may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to ‘Magine Enterprises Inc. or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of ‘Magine Enterprises Inc. and is also protected by Canadian, U.S. and international copyright laws.

‘Magine Enterprises Inc. and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of ‘Magine Enterprises Inc. or any third party’s intellectual property rights.

The ‘Magine Enterprises Inc. names and logos and all related product and service names, design marks and slogans are the trademarks of ‘Magine Enterprises Inc. or are used under license by ‘Magine Enterprises Inc. No trademark license is granted in connection with the materials contained on this Site.

2. Legal Disclaimers

By using this Website, you are agreeing to be bound to the following legal disclaimers which you acknowledge may affect your legal rights:

• No Warranty – ‘Magine Enterprises Inc. makes no makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website or that any of the products on the Website are fit for any particular purpose or use.
• Limitation of Liability – ‘Magine Enterprises Inc. assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the sale of products through this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.
• Own Judgment Required – By using this Website, you agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for use or download from this Website. You agree to use judgment and conduct due diligence before taking any action or using any product purchased through this Website.

3. Privacy

We respect your privacy and follow the principles of applicable privacy legislation in the collection of Personal Information from you on our Website. Please see our full text of our Privacy Policy here.

4. Email And Other Electronic Communications

Please see our full text of our Privacy Policy here to review how we deal with email and other electronic communications sent by you.

5. User Communication

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

6. Passwords and Accounts

You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. ‘Magine Enterprises Inc. is not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account. You agree to notify us immediately in the event that the confidentiality of your account or password is compromised. We has the right to take any actions that we deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard. We may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

7. Shipping and Refund Policies

You can find the shipping and return policies for goods purchased through the Site here.

8. Legal Capacity

By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. Unless otherwise stated on the Site, the Services are available only for people aged 13 or older. If you are aged 13 to 18, you should review these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand and agree to these Terms of Use. Parents who wish to allow their children aged 13-18 to access to and use of the Site and purchase the products should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Services and you agree to be bound by these Terms of Use in relation to all uses of the Site by your child.

9. Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

10. Jurisdiction

This agreement between you, the user, and ‘Magine Enterprises Inc. , shall be governed by, and interpreted in accordance with, the laws of the province of Nova Scotia and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Nova Scotia in any proceeding related to this agreement.

11. Contact Information

We welcome your questions about the Terms of Use. You can contact us here: info@holymackerelstore.ca

Updated as of March 8, 2024.