Terms of service
Overview
Welcome to Kaylulu! The terms “we,” “us,” and “our” refer to Kaylulu. Kaylulu operates this store and website, including all related information, content, features, tools, products, and services, to provide you (the customer) with a curated shopping experience (the “Service”). Kaylulu is powered by Shopify, which enables us to provide you with the Service.
The following Terms of Service, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), set forth your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters such as disclaimers and limitations of liability.
By accessing, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province and that you have authorized any minor dependents to use the Service on devices you own, purchase, or manage.
To use the Service, including accessing or browsing our online store or purchasing any
products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you possess all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or authorize your account to any other person.
Section 2 – Our Products
We have made every effort to accurately display our products and services in our online store. However, please note that due to differences in the type of device you use to access the store, as well as its settings and configuration, the colors or appearance of products may differ from what is displayed on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match the appearance or presentation in our online store.
All product descriptions are subject to change at any time without notice, and we reserve the right to final interpretation. We reserve the right to discontinue any product at any time and may, at our discretion, limit the quantity of any product available to any person, region, or jurisdiction.
Part 3 - Orders
When you place an order, you are making an offer to purchase. Kaylulu reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not considered finalized until Kaylulu confirms its acceptance. Your order is accepted only after we have received and processed your payment. Please review your order carefully before submitting it; once an order is accepted, Kaylulu may not be able to accommodate requests to cancel it. If we do not accept, modify, or cancel an order, we will attempt to contact you via the email address, billing address, and/or phone number you provided when placing the order.
Your purchase may only be returned or exchanged in accordance with our Refund Policy [link].
You represent and warrant that your purchase is intended solely for your personal or household use and is not intended for commercial resale or export.
Section 4 – Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless otherwise explicitly stated, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
Prices listed in our online store may differ from those in physical stores, online stores operated by third parties, or other retail locations. We may offer promotional offers from time to time, which may affect pricing and are subject to terms and conditions separate from these Terms. If there is a conflict between the promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information when making purchases in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (1) the credit card information you provide is true, correct, and complete, (2) you are duly authorized to use the credit card for purchases, (3) your credit card company will honor the charges incurred by you, and (4) you will pay the charges incurred by you at the published prices, including shipping and handling fees and all applicable taxes (if any).
Section 5 – Shipping and Delivery
We assume no liability for any delays in shipping or delivery. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Once we have handed over the products to the carrier, title and risk of loss pass to you.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brand names, text, display content, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Kaylulu, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Service solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Service without our prior written consent. Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other rights to any patents, trademarks, copyrights, or other intellectual property rights of Kaylulu, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Kaylulu reserves all rights not expressly granted in this Agreement.
The name, logo, product and service names, designs, and slogans of Kaylulu are trademarks of Kaylulu or its affiliates or licensors. You may not use these trademarks without Kaylulu’s prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Service are trademarks of their respective owners.
Section 7 - Optional Tools
You may be granted access to third-party tools as part of the Service, but we neither monitor nor control these tools, nor do we have any influence over them.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability whatsoever for any liability arising from or related to your use of optional third-party tools.
Your use of any optional tools offered through the Service is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the relevant third-party provider.
In the future, we may also introduce new features through the Service (including the release of new tools and resources). Such new features shall also be deemed part of the Service and shall be subject to these Terms of Service.
Section 8 - Third-Party Links
The Service may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.
We assume no responsibility for any damage or loss resulting from your access to any third-party website, or from your purchase or use of any products, services, resources, or content on any third-party website. Please read and understand the third party’s policies and terms carefully before proceeding with any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products or services, please address them directly to the third party.
Section 9 - Relationship with Shopify
Kaylulu is powered by Shopify, which enables us to provide our services to you. However, any sales and purchases you make in our store are conducted directly with Kaylulu. By using this service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kaylulu, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases or transactions with Kaylulu.
Section 10 - Privacy Policy
All personal information we collect through the Service is governed by our Privacy Policy, which can be viewed here [link]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read and understood this Privacy Policy.
Because the Service is hosted by Shopify, Shopify processes personal information regarding your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and to third parties that may be located in countries outside your country of residence in order to provide the Service to you. Please review our Privacy Policy [link] for details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Service, while fulfilling our obligations and exercising our rights under the Terms of Service.
You further represent and warrant that: (1) you own or hold all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives related to the submission of the Feedback; and (3) your Feedback complies with the provisions of these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may (but are not obligated to) monitor, edit, or remove content that we, in our sole discretion, deem to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your feedback will not infringe upon any third-party rights, including copyrights, trademarks, privacy, publicity, or other personal or membership rights. You also agree that your feedback must not contain defamatory or other illegal, abusive, or obscene content, nor may it contain any computer viruses or other malware that could in any way affect the operation of the Service or any related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility or liability for any feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
The information contained in the Service may occasionally include typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and we have the right to change or update information or cancel orders at any time without notice (including after you have submitted an order).
Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes: (1) any illegal or malicious purpose; (2) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (3) to infringe or violate our intellectual property rights or those of others; (4) to harass, abuse, insult, harm, defame, slander, intimidate, or harm any of our employees or any other person; (5) to disseminate false or misleading information; (6) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (7) Sending or causing to be sent any advertising or promotional materials, including any “spam,” “chain letters,” “junk mail,” or any other similar promotional content; (8) Impersonating or attempting to impersonate any other person or entity; or (9) Engaging in any other conduct that restricts or interferes with any person’s use or enjoyment of the Service, or that we believe may harm the interests of Kaylulu, Shopify, or users of the Service, or subject them to liability.
In addition, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service; (2) reproduce, copy, extract, sell, resell, or exploit any part of the Service; (3) collect or track the personal information of others; (4) send spam, phishing emails, deceptive emails, or otherwise abuse the Service under false pretenses; (5) use any bots, web crawlers, scrapers, data collection and extraction tools, automated devices or processes, AI tools (such as proxy-based AI), or access the Service automatically or manually; or (6) interfere with, bypass, or circumvent our security, authorization features, robot exclusion headers, or other measures implemented to restrict access to the Service. If we believe you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without prior notice.
Section 14 – Agents
14.1 If you use, permit, enable, or facilitate the deployment of an agent to access, use, or interact with any Service, this section (“Agent Terms”) applies. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or pursuant to the instructions of, any individual or entity, and that may perform actions on behalf of an individual or entity’s device or use an individual’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates strictly in accordance with the requirements of Section 14.4 below. Furthermore, if we require that an Agent not access, use, or interact with any Service, no Agent may access, use, or interact with the Service.
14.3 We may restrict an Agent’s access to, use of, and interaction with the Service through technical measures or other means.
14.4 An Agent must: (1) identify itself as an Agent in all HTTP/HTTPS requests and disclose the Agent’s name by including the following in the user-agent string of the request: “ Agent/[Proxy Name]”; (2) not conceal or obscure the fact that any access, use, or interaction originates from a proxy, for example by (a) mimicking human behavior and interaction patterns, or (b) bypassing or circumventing CAPTCHAs or measures designed to distinguish between computers and humans; (3) truthfully answer any questions or prompts intended to determine whether an interaction originates from a human or a computer; (4) You must not circumvent or otherwise evade any measures designed to prevent, restrict, modify, or control the Agent’s access to, use of, or interaction with the Service.
Section 15 – Termination
We may, in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time without notice, but you remain liable for all amounts due up to and including the date of termination.
Upon termination of this Agreement, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, and Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16 - Disclaimer
The information provided through the Service is for general reference only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We assume no liability or responsibility to you or any other visitor to the Service, or to anyone who may become aware of its contents, for any liability or obligations arising from reliance on such materials.
Unless otherwise expressly stated by Kaylulu, the Service and all products provided through the Service are made available to you on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, promise, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Certain jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimer may not apply to you.
Section 17 - Limitation of Liability
To the fullest extent permitted by law, neither Kaylulu, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any form of direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Kaylulu, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of or in connection with: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any law or the rights of any third party; or (3) your access to and use of the Services.
We will notify you of any claim for which indemnification is required, but failure to receive such notice in a timely manner will not relieve you of your indemnification obligation, unless you suffer substantial harm as a result. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle any claim that requires you to assume a non-monetary obligation without your consent (which you may not unreasonably withhold). You shall cooperate in the defense of any claim for which indemnification is required, including by providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.
Section 20 - Waiver; Entire Agreement
Our failure 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, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including, but not limited to, any prior versions of these Terms of Service).
No ambiguity in the interpretation of these Terms of Service shall be construed against the drafter.
Section 21 - Assignment
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without our prior written consent; any such attempt shall be void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations hereunder without your consent or notice.
Section 22 - Governing Law
These Terms of Service and any separate agreements by which we provide services to you shall be governed by and construed in accordance with the laws of the federal, state, or territorial courts of the jurisdiction where Kaylulu is headquartered. You and Kaylulu agree to be tried in such courts and submit to the personal jurisdiction of such courts.
Section 23 - Headings
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
Section 24 - Changes to the Terms of Service
You may view the most current version of the Terms of Service at any time on 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use or access to the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
Section 25 - Contact Information
If you have any questions regarding these Terms of Service, please contact us at Darrenservice1@outlook.com