Terms of service

TERMS OF SERVICE – TAPFAIRYWAND

This website is operated by TapFairyWand (“we”, “us”, “our”). By visiting our site or purchasing from us, you agree to be bound by the following Terms of Service (“Terms”). These Terms apply to all users of the Site, including browsers, customers, vendors, and contributors of content.

Please read these Terms carefully before accessing or using the Site.
If you do not agree to these Terms, you may not access the Site or use any Services.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products.

1. ONLINE STORE TERMS

By using our Site, you confirm:

  • You are at least the age of majority in your province/state

  • You will not use our products for any illegal or unauthorized purpose

  • You will not transmit any viruses or malicious code

Any breach of these Terms may result in termination of your access to our Services.

2. GENERAL CONDITIONS

We may refuse service to anyone for any reason.
You understand your content (except payment information) may be transferred unencrypted across networks.
Payment information is always encrypted.

You agree not to copy, duplicate, resell, or exploit any part of the Service without written permission.

3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We do not guarantee that all information on the Site is accurate or current.
Content is provided for general information only and should not be relied upon without consulting more reliable sources.

We may update or change content at any time without obligation to notify you.

4. MODIFICATIONS TO THE SERVICE & PRICES

Prices are subject to change without notice.
We may modify or discontinue any part of the Service at any time.

We are not liable for any price changes, modifications, or discontinuations.

5. PRODUCTS OR SERVICES

Some products may be available exclusively online.
We reserve the right to:

  • Limit sales to any person or region

  • Limit quantities

  • Change product descriptions or pricing

  • Discontinue products at any time

We do not guarantee that your screen’s color display will be accurate.

Refunds follow our Refund Policy, available on the Site.

6. BILLING & ACCOUNT INFORMATION

We may refuse or cancel any order.
We may limit orders per customer, household, payment method, or shipping address.

You must provide accurate billing and account information.

For details on refunds, see our Refund Policy.

7. OPTIONAL TOOLS

We may provide access to third-party tools “as is” and without warranties.
Your use of these tools is entirely at your own risk.

8. THIRD-PARTY LINKS

We are not responsible for third-party websites, content, or services.

9. USER COMMENTS & SUBMISSIONS

If you submit comments, ideas, or content, you grant us full rights to use, edit, publish, and distribute them.

You agree not to submit content that:

  • Violates any rights

  • Contains harmful material

  • Includes viruses or malicious code

We have no obligation to keep comments confidential or to respond to them.

10. PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy:
https://tapfairywand.com/policies/privacy-policy

11. ERRORS, INACCURACIES & OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to cancel orders affected by them.

12. PROHIBITED USES

You may not use the Site for:

  • Unlawful purposes

  • Violating laws

  • Infringing on intellectual property

  • Harassing, abusing, or harming others

  • Submitting false information

  • Uploading malicious code

  • Spamming or scraping

  • Interfering with security features

We may terminate your use of the Service if you violate the Terms.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our products and Services are provided “as is” and “as available.”

We do not guarantee:

  • The Service will be uninterrupted

  • The Service will be error-free

  • Results from using the Service will be accurate

TapFairyWand is not liable for:

  • Any direct or indirect damages

  • Loss of data, profits, revenue, or savings

  • Replacement costs

  • Errors, omissions, or interruptions

Some jurisdictions do not allow limitations, so some rights may still apply to you.

14. INDEMNIFICATION

You agree to indemnify and hold harmless TapFairyWand and its affiliates from any claims arising from your breach of these Terms or your misuse of the Site.

15. SEVERABILITY

If any part of these Terms is unenforceable, the remaining portions remain valid.

16. TERMINATION

These Terms remain in effect unless terminated by either party.
We may terminate access at any time if you violate the Terms.

17. ENTIRE AGREEMENT

These Terms form the entire agreement between you and TapFairyWand regarding the use of the Site.

18. GOVERNING LAW

These Terms are governed by the laws of Manitoba, Canada.

19. CHANGES TO TERMS

We may update these Terms at any time.
Continued use of the Site indicates acceptance of all changes.

20. CONTACT INFORMATION

Questions about the Terms should be sent to:

📧 tapfairywand@gmail.com

ARBITRATION & CLASS ACTION WAIVER

(Cleaned, corrected, and branded for TapFairyWand)

1. Arbitration Agreement

You agree that any dispute or claim arising out of:

  • These Terms

  • Your use of the Site

  • Any products or services purchased

shall be resolved exclusively by binding individual arbitration, administered by the American Arbitration Association (AAA) or a comparable Canadian arbitration body.

Arbitration replaces the right to go to court or have a trial by jury.

2. Procedures

  • A single arbitrator will hear the claim

  • Arbitration will take place in Manitoba, Canada

  • You may appear in person, by phone, or via submitted documents

  • The arbitrator must provide a written decision

  • Each party pays its own legal fees

3. Opt-Out Option

You may opt-out of arbitration within 30 days of your first purchase by mailing:

  • Your full name

  • Your address

  • A statement saying you wish to opt out

Send opt-out notice to:
📍 TapFairyWand – Arbitration Opt-Out
Manitoba, Canada

4. Class Action Waiver

You agree:

  • Claims must be brought individually, not as part of a class action

  • The arbitrator cannot consolidate claims

  • Only a court (not an arbitrator) may rule on whether the waiver is enforceable