Terms of Service

Overview

This website is operated by Talena Winters. Throughout the site, the terms “we”, “us” and “our” refer to Talena Winters. Talena Winters offers this website, including all information, tools 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 and Website 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.

Our store is hosted on Squarespace.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Payment gateway is through Stripe.com or PayPal.com. Membership program hosted through Squarespace.com. For information about how your personal information is collected, stored, and used, please see our Privacy Policy.

Section 1 - Online Store Terms

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.

The Services are not directed to children under 13. If you are under 18, you may use the Services only with involvement of a parent or legal guardian.

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. This right will be exercised in a non-discriminatory manner consistent with the law.

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.

We reserve the right 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 (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 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.

Digital products (e.g., ebooks, audiobooks, PDFs, music files) are licensed, not sold. Upon purchase, we grant you a personal, revocable, non-exclusive, non-transferable licence for your own non-commercial use. You may not share, upload, resell, distribute, or otherwise make digital products available to others.

Preorder dates are estimates and subject to change. Crowdfunding rewards are not purchases of inventory and may experience delays; inability to deliver due to force majeure allows refund or good-faith substitution.

When you purchase through a third‑party platform, that platform’s billing terms and privacy policy apply to the transaction; these Terms govern our content and community rules.

Section 6 - Subscriptions and Memberships

Some Services are offered on a subscription basis and auto-renew until cancelled. By subscribing, you authorise recurring charges to your payment method at the then-current rate.

You may cancel at any time effective at the end of your current billing period; we do not provide pro-rated refunds for partial periods.

If purchased through a third‑party platform (e.g., a marketplace or app store), that platform’s terms and billing controls apply to payments; these Terms govern our content and community rules.

Section 7 - 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 email 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.

If you initiate a chargeback, we may suspend or terminate access to Services and content and refuse future service. We contest fraudulent chargebacks.

If you are an EU/UK consumer: by choosing immediate download / streaming access, you expressly consent to immediate performance and acknowledge you lose your 14-day right of withdrawal once delivery starts. If you do not want immediate access, do not download / stream until the 14-day period ends.

Returns and refunds are governed by our Returns Policy. Digital products are non-refundable once accessed / downloaded. For services, deposits and time booked may be non-refundable as specified at purchase. For more detail, please review our Returns Policy.

Prices are shown in Canadian dollars (unless stated otherwise) and exclude applicable taxes. We collect GST / HST, and VAT where required. Your bank may charge currency conversion or foreign transaction fees.

Section 8 - Shipping, Risk of Loss, and Customs

We ship to the address you provide. Title and risk of loss transfer to you upon our delivery to the carrier. International customers are responsible for any customs, duties, taxes, brokerage, or import fees. Delivery dates are estimates only.

Section 9 - 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.

When you use third-party platforms, your use is also governed by their terms and privacy policies. We are not responsible for those platforms.

Section 10 - 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 11 - Intellectual Property

All site content is owned by us or our licensors and protected by copyright and trademark laws. You are granted a limited, revocable licence to access and use the site for personal, non-commercial use. You may not frame, scrape, reproduce, or create derivative works without our written permission.

Section 12 – Affiliate Relationships and Disclosures

We participate in affiliate advertising programs, including the Amazon Services LLC Associates Program (US), the Amazon.ca Associates Program (Canada), the Amazon EU Associates Programme (UK), and the Rakuten Kobo Affiliate Program. As an Amazon Associate, we earn from qualifying purchases. As a Kobo affiliate, we may earn from qualifying purchases.

Some links on this site are affiliate links. If you click an affiliate link and make a purchase, we may receive a commission at no additional cost to you. We only recommend products or services we use or believe may add value; opinions are our own and not sponsored unless explicitly stated.

Prices and availability shown on third‑party sites can change without notice. Your purchases are subject to the third party’s terms, policies, and privacy practices.

Affiliate links may rely on cookies or similar technologies for attribution. Please see our Privacy Policy for details.

We do not include Amazon affiliate links in email, eBooks, or downloadable PDFs.

Section 13 - User Comments, Feedback, and Other Submissions

By submitting comments or content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable licence to use, reproduce, publish, and display such content for operating, promoting, and improving the Services (e.g., showcasing testimonials). You represent you own or control the rights. To the extent permitted by law, you waive moral rights in such content. We have no obligation to use or compensate you for submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, 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 libellous 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 email 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.

We may record events. By attending, you consent to being photographed and recorded and for us to use your likeness for promotional purposes without compensation.

Section 14 - Automated Access, Scraping, and Text / Data Mining

Except for standard consumer use and ordinary indexing by publicly available search engines and link‑preview bots that honour robots.txt and industry‑standard robots directives, you may not access, extract, copy, cache, or monitor the Site or its content using any automated means (including bots, scrapers, crawlers, spiders, or similar tools) without our prior written consent.

AI and text / data mining. Without conceding jurisdiction, we expressly reserve all rights and opt out of text and data mining (TDM) of the Site and its content to the fullest extent permitted by applicable law, including Article 4 of the EU Copyright Directive and the UK text / data mining exceptions. Our content may not be used to train, fine‑tune, or improve AI or machine‑learning models without our written permission.

Limited allowance for discovery. This prohibition does not restrict good‑faith indexing by major search engines, including but not limited to Googlebot, Bingbot, Applebot, DuckDuckBot, and link‑preview bots such as FacebookExternalHit, Twitterbot / XBot, LinkedInBot, and Slackbot for the purpose of referring users to our content, provided such bots (a) follow robots.txt and meta robots directives, (b) do not reproduce full text, and (c) attribute and link back to the original URL. We may update our allow/deny lists at any time.

Real‑time assistants. Consumer‑facing assistants that fetch pages in real time to answer a user’s query must: (a) identify themselves with a truthful User‑Agent and a contact email or URL, (b) comply with robots.txt, meta robots, and cache controls, (c) provide clear attribution and a prominent clickable link, and (d) not republish full text. This limited licence does not include any right to use our content for model training or corpus building.

Technical controls and changes. We may use or update technical measures (e.g., robots directives, rate‑limiting, IP blocking, including geo‑blocking, bot challenges, and rate‑limits targeted at high‑risk networks, countries, and User‑Agents) and an allow / deny list of User‑Agents at any time . You must review and comply with our then‑current directives.

Remedies. Unauthorised automated access, scraping, circumvention of technical measures, or violation of this section is a breach of these Terms and may violate applicable laws. We may suspend or terminate access, and pursue all available remedies, including injunctive relief and damages.

Archiving, mirroring, or substantial reproduction of the Site (including by internet archives or caches) without our written permission is prohibited.

Section 15 - Personal Information

Your submission of personal information through the store or other forms is governed by our Privacy Policy.

Section 16 - Electronic Communication

You consent to receive communications from us electronically (email or through the site). Notices are deemed given when sent to the email or postal address you provide or posted on the site.

Section 17 - 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 18 - 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 19 - 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.

Any educational, coaching, editorial, or informational content is provided for general information and education only and does not constitute legal, financial, medical, therapeutic, or professional advice. Results vary; we do not guarantee outcomes.

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 Talena Winters, 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 20- Indemnification

You agree to indemnify, defend, and hold harmless Talena Winters 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 21 - 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 22 - 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 we may deny you access to our Services (or any part thereof).

Section 23 - Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labour disputes, internet or hosting failures, cyberattacks, epidemics, war, government actions, or supply chain disruptions.

Section 24 - 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 25 - 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 Alberta, Canada.

Before filing a claim, each party agrees to try to resolve disputes informally for 30 days. If unresolved, the courts of Alberta, Canada, have exclusive jurisdiction. Where permitted by law, you and we waive any right to participate in class or representative actions.

Section 26 - Changes to the 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 27 - Contact Information

Questions about the Terms of Service should be sent to us at twinters@mysecretwishpublishing.com.

Our contact information is posted below:

My Secret Wish Publishing
twinters@mysecretwishpublishing.com
PO Box 6461
Peace River, Alberta, Canada T8S 1S3

GST #: 861723898RT0001
UK VAT #: 446 8436 63