Terms of Service

Terms of Service

This website is operated by KERLAY. Throughout the site, the terms “we”, “us”, and “our” refer to KERLAY. KERLAY 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.

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.

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.

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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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. 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 country (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 - INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS

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. We are not responsible if information made available on this site is not accurate, complete, or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is not current and is provided for your reference only. 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 PRICE AND SERVICE MODIFICATIONS

Prices for our products may change without notice. We also reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. The Service modifications, including any modification, price change, suspension, or discontinuance of the Service, are not subject to liability.

SECTION 5 - PRODUCTS AND SERVICES AVAILABILITY (IF APPLICABLE)

Some 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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 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 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. We reserve the right to refuse any order you place with us. 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 Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any 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 AND MATERIALS

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 SUBMISSIONS

If, at our request, you send certain specific submissions 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, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium your 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 monitor, edit or remove content that we determine in our sole discretion are (1) unlawful, (2) offensive, (3) threatening, (4) libelous, (5) defamatory, (6) pornographic, (7) obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, we have no obligation to do so. 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

Our Privacy Policy governs the submission of personal information through the store. For our Privacy Policy.

SECTION 11 - ERRORS, INACCURACY, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions, which could 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 AND MISUSE

In addition to other prohibitions as set out in the Terms of Service, you are not allowed to use the website or its content for any of the following purposes: (a) any illegal activities; (b) to solicit others to engage in or participate in any illegal acts; (c) violation of any international, national, federal, provincial, or local regulations, rules, laws, or ordinances; (d) infringing on or violating our intellectual property rights or those of others; (e) harassment, abuse, insult, harm, slander, defamation, libel, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or deceptive information; (g) uploading or transmitting viruses or any other types of malicious code that can or will be used to affect the functionality or operation of the website service, or of any related website, other websites, or the internet; (h) collecting or collecting the personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) interference with or circumvention of 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 any prohibited purposes.

SECTION 13 - WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from using the Service will be accurate or reliable. You agree that we may, from time to time, remove the Service or cancel it 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 provided 'as is' and 'as available' for your use without any representation, warranty, or condition 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, except as expressly stated by us. Truscend, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable in any case 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 on contract, tort (including negligence), strict liability, or otherwise. Your use of any of the service or any products procured using the service shall not incur any liability 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, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION AND HOLDING HARMLESS

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

SECTION 15 - SEVERABILITY AND ENFORCEABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be severed from these Terms of Service and shall not affect the validity or enforceability of any other remaining provisions.

SECTION 16 - TERMINATION AND SURVIVING OBLIGATIONS

The termination of this agreement shall not prejudice any of the rights and liabilities that either party has accrued prior to the termination date. These Terms of Service shall become effective 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. 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.

SECTION 17 - ENTIRE AGREEMENT AND TERMS CONSTRUCTION

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. The entire agreement and understanding between you and us regarding your use of the Service are constituted by these Terms of Service and any policies or operating rules posted by us on this site or in respect 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 18 - GOVERNING LAW AND JURISDICTION

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 Vancouver, British Columbia, CA V6P6G5. The Parties submit to the exclusive jurisdiction of the Courts sitting in Vancouver, British Columbia, CA V6P6G5, in respect of any matter arising out of or in connection with these Terms of Service and any separate agreement.

SECTION 19 - CHANGES TO TERMS OF SERVICE AND POSTING OF UPDATES

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. 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 20 - CONTACT INFORMATION AND SUPPORT

Questions about the Terms of Service should be sent to our customer service team at support@kerlay.com.