TERMS OF SERVICE

OVERVIEW

The www.andrewahmed.com website is operated by Andrew Ahmed. Throughout the site, the terms “we”, “us” and “our” refer to Andrew Ahmed. Andrew Ahmed offers this website, including all information, tools, products, and services available from this site to you, the user, 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.

SECTION 1 - ONLINE STORE TERMS

Products and Services available for sale through our website shall be displayed on the website from time to time. The pricing for specific products and services shall be as displayed on the website. Products and Services are available for purchase upon submission of your name, email address, and credit card information through the website order form, or directly by contacting us through our contact form or by email to a@andrewahmed.com.

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 at any time and from time to time.

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. Products and services are available as displayed on the website.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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.

All prices are shown in Canadian dollars (and are exclusive of applicable taxes and shipping costs).

We accept no liability to complete any transaction where your payment cannot be cleared by our payment processor. If such a situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to the website and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to us.

All customer payments must be paid immediately when due. Payments may be processed through a third- party payment processing service from time to time. Customers shall make all payments in accordance with the fees, charges, and billing terms in effect at the time. Fees are due and payable. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the customer.

You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify us for any liability or expense we may incur in connection with such Sales Taxes. You may be required to provide us with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

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.  

For more detail, please review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  

We provide our Services to users in the Province of Ontario, throughout Canada, and internationally, where permissible by local law. If you are accessing our Website or Services from a jurisdiction outside Canada, you hereby acknowledge and agree that your use of the Website and/or Services shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada.

The customer is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the website. Redistribution or republication of any part of the website or its content is prohibited, including such by framing or other similar or any other means, without our express written consent. We do not warrant that the service from the website will be uninterrupted, timely or error free, although it is provided on a best-efforts basis.

SECTION 13 - INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non- commercial purposes, except where explicitly provided otherwise, to (i) access the website (ii) cause the website to be displayed from a computer and/or mobile device and (iii) use the website, solely as permitted under these Terms and Conditions (the “License”). We reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by us for any reason at our sole discretion.

You understand and agree that the website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Andrew Ahmed brand name, the Andrew Ahmed logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of Andrew Ahmed or its affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this website are the trademarks of their respective owners.

Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, in any form or medium whatsoever except:

·       your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

·       a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Andrew Ahmed, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

WE TAKE CUSTOMER SECURITY AND PRIVACY VERY SERIOUSLY. WE UTILIZE A NUMBER OF PRECAUTIONS INCLUDING REMOTE MONITORING SOFTWARE, EXTERNAL BACKUPS, AND COMPUTER FIREWALLS. HOWEVER, WE CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF CUSTOMER DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CUSTOMER DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY US OR PROVIDED BY THE CUSTOMER.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, OUR TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO US.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Andrew Ahmed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – INJUNCTIVE RELIEF

Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that we may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defense to a claim by you that an injunction or other appropriate relief should not be granted.

SECTION 22 – INDEPENDENT LEGAL ADVICE

By using the website, purchasing any items through the website, or using our Services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) have read and understand the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.

SECTION 23 – WAIVER

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Failure by us to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

SECTION 24 – COMMUNICATIONS

We reserve the right to contact you from time to time for feedback regarding our Products and Services. We will also contact any customer who files a complaint with us regarding a representative of our company or the Services overall. Notices to customers will be deemed effective at the time they are sent by us or as of the date they are posted on the Website.

SECTION 25 – MAINTENANCE AND SUPPORT

We are solely responsible for providing any maintenance and support services with respect to the website when required from time to time or as required under applicable law. If you notice a problem or error on the website, you can report it to a@andrewahmed.com.

SECTION 26 – ARBITRATION

In the event of any dispute relating to or arising out of your use of the website or the Services, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and Andrew Ahmed are unable to agree on an arbitrator within fifteen (15) days after we are made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and us. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.

SECTION 27 – COMPANY NAME AND ADDRESS

Our contact information for any end-user questions, complaints or claims with respect to the website properties is a@andrewahmed.com.


PRIVACY POLICY

OVERVIEW

This Privacy Policy describes how andrewahmed.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

SECTION 1 – COLLECTING PERSONAL INFORMATION

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

DEVICE INFORMATION

  • Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

  • Purpose of collection: to load the Site accurately for you, to complete purchase orders, and to perform analytics on Site usage to optimize our Site.

  • Source of collection: When you fill out our online contact form or order form, and as collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.

  • Disclosure for a business purpose: shared with our website provider Squarespace.

ORDER INFORMATION

  • Order Information collected: name, billing address, shipping address, payment information (including credit card numbers, PayPal information), email address, and phone number.

  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

  • Source of collection: collected from you.

  • Disclosure for a business purpose: shared with our website provider Squarespace, our processors Stripe, and PayPal, and our shipping provider, Canada Post.

CUSTOMER SUPPORT INFORMATION

  • Customer Information collected: as needed on an individual basis in relation to a support required.

  • Purpose of collection: to provide customer support.

  • Source of collection: collected from you.

  • Disclosure for a business purpose: shared with our providers in relation to the support required.

SECTION 2 - MINORS

The Site is not intended for individuals under the age of majority in your state or province of residence. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

SECTION 3 – SHARING PERSONAL INFORMATION

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described herein:

  • We use Squarespace to power our online store. You can read more about how Squarespace uses your Personal Information here: https://www.squarespace.com/privacy.

  • We use Personal Information as necessary to fulfil product orders, deliveries, and refunds.

  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Your personal information may also be used and disclosed:

  • to comply with valid legal proceedings;

  • to respond to a complaint or dispute;

  • during an emergency situation where health or safety is at risk;

  • to protect our rights;

  • to prevent fraud or abuse of our company or customers;

  • to protect the safety of any individual from injury or death;

  • as required by our professional advisors;

  • where the personal information is publicly available; or

  • with your consent.

SECTION 4 - BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online- advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt- out portal at: http://optout.aboutads.info/.

SECTION 5 – USING PERSONAL INFORMATION

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and, if you consent to the receipt of promotional emails, keeping you up to date on new products, services, and offers.

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Personal Information may be transferred as part of that transaction. We will notify you via email and a notice on our websites of any change in control or use of your Personal Information. We will also notify you of choices you may have regarding the Data and Information.

We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our products and services. We may also share or resell anonymized, aggregate data collected through the Website to third parties. We will never disclose data which may personally identify you without your prior written consent.

You may change or withdraw your consent, or update your Personal Information at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing to a@andrewahmed.com. We may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. We may require that you provide to us sufficient information to identify yourself before we comply with any request regarding Personal Information stored by us. We will use all reasonable efforts to respond to user requests in a timely manner.

Where we desire to transfer your personal information to a third party that is acting as our agent we may do so if we first either ascertain that the third party is subject to a written agreement requiring that the third party provide at least the same level of privacy protection as our website. You may not hold us responsible if a third party to which we transfer such information processes it in a way contrary to any restrictions or representations, unless we knew or should have known that the third party would process it in such a contrary way and we have not taken reasonable steps to prevent or stop such processing.

We will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources that we are permitted by law or agreement to use, we will use reasonable efforts to make sure that the information we process is accurate.

We may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. Other reasons for denying or limiting access are:

  • Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;

  • Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;

  • Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;

  • Breaching a legal or other professional privilege or obligation;

  • Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;

  • Prejudicing employee security investigations or grievance proceedings;

  • Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;

  • Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or

  • Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.

SECTION 6 - LAWFUL BASIS

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • With your consent;

  • Further to the performance of the contract between you and the Site;

  • In compliance with our legal obligations;

  • To protect your vital interests;

  • To perform a task carried out in the public interest;

  • For our legitimate interests, which do not override your fundamental rights and freedoms.

SECTION 7 - RETENTION

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

SECTION 8 - AUTOMATIC DECISION-MAKING

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Squarespace uses limited automated decision-making to prevent fraud, where such automation does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:  

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

SECTION 9 – YOUR RIGHTS

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Squarespace’s GDPR Compliance at: https://support.squarespace.com/hc/en-us/articles/360000851908-GDPR-and-Squarespace.  

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

SECTION 10 – COOKIES

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

To ensure that our site is optimized for ease of use, we or our service provider(s) may use Cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on the site.

Our website or its hosting providers may collect traffic information and information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyse trends, administer sites, track aggregations of users’ movements, and gather demographic information for aggregate use. IP addresses and other log file information are not connected to personally identifiable information.

We may also collect information from web beacons which indicate whether you visited a certain page on a website, opened a promotional email, or clicked on an online advertisement.

We may collect geographic location from your mobile device or IP number to determine whether you are within our service area or suggest specific product shipping offerings.

COOKIES NECESSARY FOR THE FUNCTIONING OF THE STORE

https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses

REPORTING AND ANALYTICS

https://support.squarespace.com/hc/en-us/articles/206544167-Squarespace-Analytics

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

DO NOT TRACK

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser. 

SECTION 11 - CHANGES

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

SECTION 12 – CONTACT

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at a@andrewahmed.com.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://www.priv.gc.ca/en/report-a-concern/

The Privacy Officer for our website is Andrew Ahmed. Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at a@andrewahmed.com or by written notice delivered to 345 Bloor Street East, PO Box 72615 Greenwin Square PO, Toronto, ON, M4W 3J6.

SECTION 13 – COSTS

We reserve the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of your Personal Information. You will be notified prior to being assessed a charge for such services.

SECTION 14 – GOVERNING LAW

This Privacy Policy is governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency or physical location. The services we offer are intended for use only in jurisdictions where it may lawfully be offered for use.

SECTION 15 – ENFORCEABILITY

If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue to apply.

SECTION 16 – NO WAIVER

Failure by us to enforce any of the provisions set out in this Privacy Policy or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and every provision.

SECTION 17 – AGREEMENT TO TERMS OF POLICY

By using the Website and/or providing information to us, you accept and agree to the collection and use of your Personal Information for the purposes described hereinabove.  

SECTION 18 – ARBITRATION

In the event of any dispute relating to or arising out of your use of the Privacy Policy, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and Andrew Ahmed are unable to agree on an arbitrator within fifteen (15) days after Andrew Ahmed is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever. Costs of the arbitration shall be shared equally between you and Andrew Ahmed. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.


SHIPPING POLICY

Due to the small batch nature of production, please allow at least 1-2 weeks for production, depending on our stock levels. We are a (very) small business, so we appreciate your patience with any delays, though will always do our best to get your orders shipped as quickly as possible.

All items are shipped via Canada Post or such other shipping provider as we deem acceptable from time to time in our sole discretion. Shipping estimates are estimates only and in some cases delivery of your purchased items may take longer than expected. Shipping carrier delays are out of our control.

Canadian, US, and some international orders are eligible for free shipping. All other shipping prices are discounted.

Orders to the US and other international destinations are shipped using these services:

-Small Packet* (not tracked) -Tracked Packet*
-Surface Parcel
-Air Parcel
-XpressPost  

*Small Packet and Tracked Packet are not available for 16x20” prints, and Small Packet is not tracked.

Orders of 16x20” prints using Small Packet or Tracked Packet will be cancelled, and you may re-order using Expedited, Surface Parcel, Air Parcel, or XpressPost.

You acknowledge and agree that we will not be held responsible for any lost or damaged packages – please make your shipping choices accordingly.

Please note that we do not charge taxes or duties on international orders, and you will be responsible for any customs, duties, and taxes charged by your country for the purchase and delivery of goods from Andrew Ahmed. We cannot mark packages as "gifts", and will list the true value of the goods in your order and on accompanying documentation.


Please choose your products carefully, as we do not accept returns. As a sole proprietorship, our primary focus is creating new work, and we don’t have additional staff to regularly process returns and ensure returned packages are always accepted within the 5-day pick-up window. For this reason, all items are final sale.

We do our best to photograph and represent the products so they are true to reality. Please keep in mind that the colours may appear differently on your device's screen. If you have any questions before you make your purchase, feel free to contact us at a@andrewahmed.com.

To avoid accidentally damaging your print, only handle it with clean hands, and never touch the printed image itself. You acknowledge and agree that we will not be held responsible for any deterioration, discolouration, or damage to printed images which occurs during shipping or after delivery of such printed images to you.

RETURN POLICY


COVID-19 SAFETY PLAN

MEASURES WE’RE TAKING

How we’re ensuring workers know how to keep themselves safe from exposure to COVID-19

·      We maintain up to date procedures by a regular review of Ministry of Health guidance, and ensure all workers are fully vaccinated.

How we’re screening for COVID-19

·      Each working day not performed remotely will require all employees and/or contractors to self-monitor for symptoms and stay home if symptoms are present.

How we’re controlling the risk of transmission in our workplace

·      Our home studio is now closed to guests.

·      We now work remotely whenever possible.

·      On location shoots follow all federal regulations and guidance.

What we will do if there is a potential case, or suspected exposure to, COVID-19 at our workplace

·      If an employee or contractor is suspected to have had exposure to COVID-19, they are required to immediately isolate themselves at their home, contact their local public health unit, and advise us with a list of all workplace contacts who have had potential exposures, which will be used for contact tracing.

How we’re managing any new risks caused by the changes made to the way we operate our business

·      We encourage all employees and/or contractors to share any concerns regarding new risks caused by changes to our business operations.

How we’re making sure our plan is working

·      We will stay up to date on the latest health and safety advice from our local government and health agencies, and adapt to new regulations.

·      We will actively revise our safety plan upon new information and research in an effort to maintain the most relevant protocols and safest conditions for our employees, contractors, and clients.

For any questions, concerns, or recommendations on how to improve our safety procedures, please contact us at a@andrewahmed.com.