Myrnamccallum.co Terms of Use

Last updated: February 5, 2024

Myrna McCallum dba Miyo Pimatisiwin Legal Services (“MM”) and Feather Walk Inc. (“FW”; FW together with MM, "we" or "us") operate a website (“Website”) located at https://www.myrnamccallum.co/ and an online store ("Shop") located at https://www.myrnamccallum.co/store from which you may purchase products and services ("Products") from either MM or FW, as designated in the Product description. 

These Terms of Use apply to the content and functionality of the Website, Shop, and to the Products. 

1. Information that you provide to us

You may give us information about yourself when you visit the Website or the Shop. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you sign up for updates on the Website or visit the Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. Access to Website and Shop

We grant you a limited, revocable, non-exclusive, non-transferable license to access the Website and/or Shop. This license does not include a right to use any of the content and information, including product listings and logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.

3. Products, Content and Specifications

Details of the Products are set out in the Shop. All features, content, specifications, products and prices of products and services described or depicted in this Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Shop due to the limitations of the systems that you use to access the Shop. The inclusion of any products or services in the Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Subscriptions

a. Subscription terms. We may offer you the ability to purchase subscriptions via the Stripe Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

5. Your account

We may require that you create an account to access the Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

6. Shipping and returns for physical goods

This Section applies to Products that are physical goods. For clarity, this Section applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Stripe. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Stripe is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. 

Unless otherwise noted in the product description, Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. We will cover the cost of return shipping and will refund your purchase price in full.

You agree that, if applicable, you will pay the taxes and duties in addition to the purchase price of the goods.

7. Returns for services

This Section applies to Products that are services. For clarity, any specific terms listed in a Product description will supersede to the extent of any conflict with terms that are set out in this Section.

Products that are on-demand, recorded courses are not eligible for refund. Products that are live webinars are only eligible for refund if we cancel the course. Products that are live, in-person courses are eligible for refund, minus a $500 processing/administrative fee, if the refund is requested in writing at least one month prior to the course start date.

8. No warranties

We provide the Website, Shop and Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by us or obtained by you from or through the Shop - whether from us or another entity, and whether oral or written - creates or implies any warranty from us to you.

We disclaim any knowledge of, and do not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Website or the Shop; (b) that the Products will meet your specific needs or requirements; (c) that the Website or Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that we will correct any defects or errors in the Website or the Shop; or (e) that the Website or Shop are free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Website or Shop is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability

Under no circumstances will we be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Website or the Shop or for the unavailability of either, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Website or Shop, even if such damages are foreseeable, and whether or not you or us have been advised of the possibility of such damages. We are not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Website or Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. We further deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Website or Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Website or Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Website or Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by us in relation to the Website or Shop and Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to us during the three-month period immediately preceding the event that gave rise to your claim for damages, and CAD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

10. Applicable law

By using the Website or Shop, you agree that the laws of the province of BC, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

11. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Website or Shop by posting such changes on the Website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.

12. Our address

Myrna McCallum dba Miyo Pimatisiwin Legal Services and Feather Walk Inc.

718-333 Brooksbank Ave, Suite #310

North Vancouver, BC  V7J 3V8