Terms of service

Welcome to twobirdskeepsakes.com (the “Website”). Throughout this Website, the terms, “we”, “us” and “our” refer to Two Birds Keepsake Jewellery. Please read these terms and conditions carefully 

 

1. Acceptance of Terms 

The following terms and conditions (the “Terms”), govern your access to and use of our website and services, including the submission of fingerprint images or other biometric impressions for the creation of personalized jewellery products. By browsing our Website, uploading or mailing a fingerprint or using our services, you agree to these Terms as well as any and all general terms and conditions posted on our Website from time to time. 

 

2. Nature of Service 

Our service allows customers to provide a fingerprint image for the purpose of creating custom jewellery. You may opt in to provide us with the fingerprint either electronically or by mail. 

By accepting the Terms, you acknowledge that your fingerprint constitutes biometric personal information and that we collect this information solely for the purpose of producing customized jewellery. 

We do not use the fingerprint data for any of the following: 

(a) Identification; 

(b) Authentication; 

(c) Surveillance; 

(d) Any other purpose. 

 

3. Consent to Collection and Use of Biometric Information 

By uploading or mailing a fingerprint, you expressly consent to the collection, use, temporary storage and secure transfer of your fingerprint data for the purpose of producing custom jewellery. 

 

4. Third Party Processing 

You acknowledge and agree that we may choose to utilize a third-party manufacturing partner to finalize fingerprints and create custom jewellery. By uploading or mailing a fingerprint, you consent to the disclosure and secure transmission of your fingerprint data to these third parties for processing.

We require our third party manufacturers to use the information only for production purposes and in compliance with applicable privacy laws. 

We are not responsible for independent acts or omissions of third party manufacturers or security practices outside of our direct control. 

 

5. Ownership and Authorization 

You represent and warrant that the information you provide is accurate and that you are the owner of the fingerprint submitted or that you have lawful authority and consent from the individual whose fingerprint is submitted. 

You agree not to upload or mail the fingerprint if you do not have permission or if the biometric data was obtained unlawfully. 

 

6. Data Retention and Deletion 

We retain the fingerprint and the biometric data only as long as necessary to complete the jewellery production process and to address quality or fulfillment issues. Thereafter the fingerprint and biometric data is deleted. 

 

7. No Identification or Security Use 

Notwithstanding the generality of the above, our service is artistic in nature and we do not create identification systems, maintain biometric databases or use fingerprints for verification purposes. Your fingerprint is used solely as a design element. 

 

8. Limitation of Liability 

We are not liable for unauthorized submissions by users, data interception outside our reasonable control, actions of third-party manufacturers, and loss, misuse, or alteration of uploaded or mailed fingerprint data caused by external systems or factors. 

 

9. Privacy Rights 

We collect personal information for the following purposes: 

(a) To create custom jewellery; 

(b) To process and fulfill orders; 

(c) To communicate with customers; and 

(d) To improve service quality. 

We collect the fingerprint data solely for the purpose of producing customized jewellery.

By submitting personal information or uploading or mailing a fingerprint, you consent to its collection, its use for the stated purpose, its temporary storage and the secure transfer to third party manufacturers. 

You have the right to withdraw consent prior to production of the jewellery. 

We do not sell or rent personal information and we may disclose information only to production partners (as required), to service providers supporting website or payment processing or if required by law. 

We do not knowingly collect biometric information from minors without consent and authorization from a parent or legal guardian. 

 

10. Assumption of Risk 

By uploading or mailing fingerprint and biometric data you acknowledge that biometrics are uniquely sensitive personal data and that there are inherent risks in transmitting digital information or mailing this information. You voluntarily assume these risks. 

 

11. Cancellations and Returns 

As these are highly personalized goods, they are exempt from standard return practices under the Consumer Protections and Business Practices Act. Once the manufacturing process has begun orders cannot be cancelled or refunded. 

If you are unsatisfied with the product after it has been provided, please contact Two Birds Keepsake Jewellery outlining why you believe you are entitled to a refund so that we may be able to determine whether a refund should occur. Please note that any refunds granted pursuant to this clause will be at our sole and absolute discretion. 

 

12. Indemnification 

You agree to indemnify and hold harmless Two Birds Keepsake Jewellery from any claims arising from unauthorized fingerprint submission, misuse of biometric data you provide and breach of these Terms. 

 

13. Intellectual Property 

The Website and our products are subject to copyright under the laws of Canada and through international treaties. 

Any unauthorized use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in legal proceedings commenced against you. 

 

14. Severance 

If any portion of the Terms is found to be unlawful, void or unenforceable, the remaining portions shall remain in full force and effect. 

 

15. Governing Law 

These Terms are governed by the laws of the Province of Saskatchewan and applicable federal laws of Canada. Any disputes shall be settled in the Saskatchewan Court of King’s Bench. 

 

16. Updates 

We may update these Terms periodically. All changes will be effective immediately upon our posting of the changes on this 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. 

 

17. Contact 

Questions about the Terms should be sent to us at sales@twobirdskeepsakes.com. 

Our contact information is as follows: 

Two Birds Keepsake Jewellery 

sales@twobirdskeepsakes.com 

306-262-3533