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This website is operated by The Madhatter. Throughout the site, the terms “we”, “us” and “our” refer to The Madhatter. The Madhatter offers this website, including all information, 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, using or purchasing products from 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 products which are added to the current store, from time to time 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
By agreeing to these Terms of Service, you represent that you are at a legal age in your state, province or country of residence, or that you are the legal age in your city, 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 a possible law suit against you or your associates involved in such activity.
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 information about products , or any contact on the website through which the service is provided, without express written permission from 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 Products AND PRICES
Prices for our products are subject to change without notice.
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 production of certain products from time to time.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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.
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 any time without notice, at the our sole discretion. 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.
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- 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 9 - PERSONAL INFORMATION
SECTION 10 - 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 11 - 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.
SECTION 12 - 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..
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 The Madhatter, 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.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Madhatter 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 14- 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 15 - 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.
Thank you for using TMH
Our mission is to bring everyone the inspiration to create a life they love. To do that, we show you personalized content and ads we think you’ll be interested in based on information we collect from you and third parties. We only use that information where we have a proper legal basis for doing so.
We wrote this policy to help you understand what information we collect, how we use it and what choices you have about it. Because we’re an internet company, some of the concepts below are a little technical, but we’ve tried our best to explain things in a simple and clear way. We welcome your questions and comments on this policy.
We collect information in a few different ways
· 1. When you give it to us or give us permission to obtain it
When you sign up for or use TMH you voluntarily share certain information including your name, email address, phone number, photos, Pins, comments, and any other information you give us. You can also choose to share your precise location using your device settings or through photos. We will still use your IP address, which is used to approximate your location, even if you don't choose to share your precise location. You will also have the option to share other information about yourself such as your gender, age and preferred language.
2. We also get technical information when you use TMH
When you use a website, mobile application or other internet service, certain internet and electronic network activity information gets created and logged automatically. This is also true when you use TMH. Here are some of the types of information we collect:
o Log data. When you use TMH, our servers record information (“log data”), including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it. This log data includes your Internet Protocol address (which we use to infer your approximate location), the address of and activity on websites you visit that incorporate TMH features
What we do with the info we collect
We’re committed to showing you content that’s relevant, interesting and personal to you. To do that, we use your information to provide and improve your experience, including:
o Identify you when you use TMH.
o Recommend Products, boards, topics or categories you might like based on your activity on TMH.
o Respond to your questions or comments.
We have a legitimate interest for using your info in these ways. It's fundamental to what we do at TMH and necessary in order to make TMH and its features relevant and personalized to you.
We also have a legitimate interest in making TMH safe and improving our product features, so you keep finding the inspiration you want. We all benefit when we use your information to:
o Work with law enforcement and keep TMH safe. We may get requests for account information from law enforcement authorities like the police or courts. To find out more about how we respond to law enforcement requests, please see our Law Enforcement Guidelines.
o Review your messages on TMH to detect activity that poses a risk to the safety of you, our community and/or members of the public.
o Conduct analytics and research on who is using TMH and what they are doing. For example, by logging how often people use two different versions of a feature on TMH, we can understand which version is better.
o Improve TMH and offer new features.
o Send you updates (such as when certain activity, like saves or comments, happens on TMH) and news by email or push notification, depending on your settings. For example, we send weekly updates that include Pins you may like. You can decide to stop getting these notifications by updating your settings.
We have a legitimate interest in using information we collect to customize your TMH experience based on your offsite behaviour. For example, if you visit websites that sell electric guitars, we may suggest guitar Pins to you.
In addition to the specific circumstances above, we’ll only use your information with your consent in order to:
o Send you marketing materials by email, text, push notification or phone call depending on your account or operating system settings. Each time we send you marketing materials, we give you the option to unsubscribe.
Transferring your information
· TMH is a worldwide delivering service. By using our products or services, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those of your home country.
o Choose whether TMH ads delivered to you on other platforms, sites or apps are customized using information about your account activities. You can control this by visiting your settings and updating your “Personalization” preferences.
You also have choices available to you through the device or software you use to access TMH. For example:
o The browser you use lets you control cookies or other types of local data storage.
o Your mobile device lets you choose how and whether your precise location, photos, contacts and other data is shared with us.
To learn more about these choices, please see the information provided by your device or software provider.
How and when we share information
· Anyone can see the public boards and Pins you create and profile information you give us. We also make this public information available through what are called APIs (basically a technical way to share information quickly). For example, a partner can study what their most popular Pins are or how their Pins are being shared on TMH by using a TMH API. We also share your information with:
o Other services, to enable you to sign up for or log in to TMH, or when you decide to link your TMH account to those services, like Facebook or Google, or when you publish your content on TMH to them. For example, if you choose to publish your Pins to Facebook or Twitter, then information about that content will be shared with Facebook or Twitter.
o Services we use to market TMH to you on sites and apps other than TMH, such as Facebook Ads, Google Marketing Platform, Microsoft Advertising, LinkedIn Advertising, The Trade Desk and others from time to time. You can opt-out of sharing with such advertising services in your settings.
o Online advertisers and third-party companies that we or they use to audit or improve the delivery and performance of ads or content on websites and apps (for example, through Google Analytics). This includes us sharing the Pins or ads you were shown on TMH and whether or how you engaged with those Pins or ads, or other information about your activity on TMH.
o Law enforcement agencies or government agencies. We only share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or TMH; or to detect, prevent, or otherwise address fraud, security or technical issues.
o Our wholly-owned subsidiaries and affiliates. If we were to engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy, we would share your information with a party involved in such a process (for example, a potential purchaser).
How long we keep your information
· We keep your information only so long as we need it to fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you.
Our policy on children’s information
· Children under 13 are not allowed to use TMH. A person may only use TMH if you are over the age at which you can provide consent to data processing under the laws of your country. If you are a parent and you learn that your child is using TMH and you don't want them to, please contact us.
We will not discriminate against you if you choose to exercise your options related to your personal information. We work to be clear with you about your options and the consequences of exercising certain options. If you have questions, please contact us.
Laws may require us, from time to time, to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.
We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:
o Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
o Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
o Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have collected.
We do not sell the Personal Information of our users.
For more information about these rights, please see “Choices you have about your info” above, and to exercise them, please call our Help Centre on the number listed below or email us email@example.com In order to verify any request, you may need to log in to your account or respond to an email verification request.
We collect the following categories of Personal Information and in the preceding 12 months, we have disclosed these categories of Personal Information for a business purpose to affiliates, service providers and third parties:
o Identifiers, such as your name, username, email address, phone number, unique device identifiers, and your IP address
o Personal characteristics protected by law, such as your gender and age
o Commercial information, such as purchases made, and payment information
o Internet or electronic network activity information, such as information about your device and your use of our Services
o Geo-location data, when shared through your device settings or photos
o Electronic, visual, or similar information, such as your profile picture or photos
o Professional or employment information, when you link your account to other accounts
o Inferences we draw or derive about users, such as your interests or preferences
o Other information you provide, such as your bio, Pins, and comments
We use and disclose this information for the business purposes described in this policy, including to: audit our Service, detect security incidents and prevent fraud, debug and repair errors, maintain your account, provide customer service, process or fulfill orders, conduct research and development and other activities to improve our Service, show advertising, market our Services, and understand how users interact with our Services.
How we make changes to this policy
· We may change this policy from time to time and if we do, we’ll post any changes on this page. If you continue to use TMH after those changes are in effect, you agree to the new policy. If the changes are significant, we may provide a more prominent notice or get your consent, as required by law.
1. Any purchase made form The Madhatter site is returnable within 24 hours of receipt. No orders can be cancelled after the shipment has commenced.
2. All returns will be accepted subject to the following conditions:
a. A photo of the product is taken and sent by WhatsApp immediately upon opening the package.
b. That only if the product is damaged, the wrong size, colour or dimensions from the order placed.
c. In case of damaged goods, the photo sent by purchaser should clearly feature the damaged area.
d. Any reporting later than 24 hours of receipt will not be valid for credit.
3. No returns will be accepted for items that have been specially made to order under any circumstances. Unless, the various from specifications of the order is proved beyond doubt. However The Madhatter’s decision will be final and binding.
No cash refunds will be executable. The purchaser will receive a cash voucher for the value of the returned goods. This voucher can be used to purchase any item on The Madhatter site ONLY.
Copyright © 2020 The Madhatter - All Rights Reserved.
Photo credits: K. Bhaskar Rao, Wesner Rodrigues, Andrea Piacquadio, Victoria Boro Dinova, Lucas Lenzi, Anna Kolosyuk