Terms of Service
WELCOME TO KANYA
Kanya proudly operates this website, and for clarity purposes, whenever we refer to ourselves in this document, the terms "we," "us," and "our" allude to Kanya. Your interaction with this website implies your consent to adhere to and be governed by the terms, conditions, policies, and notices detailed herein.
By entering our site or making a purchase, you actively participate in our "Service" and commit to embracing the terms and conditions outlined here, including any additional terms and policies referred to. These terms extend to all users of the site, encompassing browsers, vendors, customers, merchants, and content contributors.
Prior to utilizing our website, we strongly encourage you to thoroughly peruse these Terms of Service. If any aspect of this agreement is disagreeable to you, kindly refrain from accessing the website or using any associated services. Continued use of the website post any modifications to these terms indicates your acceptance of the changes.
It's important to note that our online store is facilitated by Shopify Inc., serving as the e-commerce platform through which we showcase and sell our array of products and services.
1. TERMS FOR ONLINE STORE
Upon acceptance of these Terms of Service, you affirm that you have reached the age of majority in your state or province of residence or have provided consent for any minor dependents to use this site. Strict prohibition exists against the illegal or unauthorized use of our products.
Violation of these terms will result in the immediate termination of your services.
2. GENERAL CONDITIONS
We retain the right to decline service to anyone, at our discretion and for any reason, at any given time.
You acknowledge that your content (excluding credit card information) may be transmitted without encryption, involving (a) transmissions across various networks, and (b) adjustments to comply with technical requirements of connecting networks or devices. However, credit card information is always encrypted during its transfer over networks.
You commit not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, its usage, or access without our express written permission. The headings within this agreement are for convenience only and do not constrain or impact these Terms in any manner.
3. INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
We disclaim responsibility if the information on this site is not accurate, complete, or current. The content is provided for general information and should not be solely relied upon for decision-making without consulting primary, more accurate, complete, or timely sources. Any reliance on the material is at your own risk.
The site may include historical information, provided solely for reference, and inherently not current. While we reserve the right to modify site content at any time, we are not obligated to update information. Monitoring changes to our site is your responsibility.
4. SERVICE AND PRICE MODIFICATIONS
Product prices are subject to change without prior notice.
We retain the right to modify or discontinue the Service, or any part of it, at any time without notice.
You acknowledge that we are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.
5. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website, with limited quantities and subject to return or exchange as per our Return Policy.
We've made every effort to accurately display the colors and images of our products, but we cannot guarantee your computer monitor will depict colors with complete accuracy.
While we reserve the right to limit sales on a case-by-case basis, we are not obligated to do so. Quantities of products or services may be limited, and all product descriptions and pricing are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time, and any offers are void where prohibited.
We don't warrant that the quality of purchased products, services, information, or other materials will meet your expectations, nor do we guarantee the correction of errors in the Service.
6. BILLING AND ACCOUNT INFORMATION ACCURACY
We maintain the right to decline any order placed with us. Our discretion may lead to limitations or cancellations of quantities purchased per person, household, or order. These restrictions encompass orders linked to the same customer account, credit card, and/or those sharing identical billing and/or shipping details. If an order is modified or canceled, we will make an effort to notify you via the provided email, billing address, or phone number.
You commit to furnishing current, complete, and accurate purchase and account details for all store transactions. It's your responsibility to promptly update your account, including email address and credit card information, ensuring smooth transactions and effective communication.
For additional information, kindly refer to our Returns Policy.
7. OPTIONAL TOOLS
We might grant you access to third-party tools, the monitoring and control of which we neither oversee nor influence.
You acknowledge and agree that the access we provide to these tools is "as is" and "as available," devoid of any warranties, representations, or conditions, and is not endorsed by us. We bear no liability for any issues arising from or connected to your utilization of these optional third-party tools.
Your use of these optional tools on the site is entirely at your own discretion and risk. It's your responsibility to be acquainted with and approve the terms set by the respective third-party provider(s).
Additionally, in the future, we may introduce new services and features through the website, including new tools and resources. These additions will also be governed by these Terms of Service.
8. THIRD-PARTY LINKS
Some content, products, and services accessible through our Service may include materials from third parties.
Third-party links on this site might redirect you to websites not affiliated with us. We don't assume responsibility for examining or evaluating the content or accuracy of these links, and we disclaim any liability or responsibility for third-party materials, websites, or any other products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions connected to third-party websites. Please thoroughly review the policies and practices of these third parties before engaging in any transactions. For complaints, claims, concerns, or questions regarding third-party products, contact the third party directly.
9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific entries (such as contest entries) or, without our request, provide creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or any other medium (collectively referred to as 'comments'), you consent to our unrestricted right to edit, copy, publish, distribute, translate, and utilize these comments in any medium at any time. We are not obligated (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we reserve the right, we are not obligated to monitor, edit, or remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they include any computer virus or malware that could impact the operation of the Service or any related website. Using a false email address, pretending to be someone else, or misleading us or third parties about the origin of any comments is prohibited. You are solely responsible for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party.
10. PERSONAL INFORMATION
The submission of your personal information through the store is regulated by our Privacy Policy. To review our Privacy Policy, please refer to the appropriate section.
11. ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be instances of typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders as necessary, without prior notice. This includes situations where inaccuracies are identified after you have submitted your order.
We are not obligated to regularly update, amend, or clarify information within the Service or on any associated website, unless mandated by law. The absence of a specified update or refresh date should not be interpreted as indicating that all information has been modified or updated within the Service or on any related website.
12. PROHIBITED USES
Beyond the restrictions outlined in the Terms of Service, you are expressly forbidden from utilizing the site or its content for:
(a) any unlawful purpose;
(b) soliciting others to engage in unlawful acts;
(c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) infringing upon our intellectual property rights or those of others;
(e) engaging in any form of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or any other form of malicious code that may impact the functionality or operation of the Service, related websites, or the Internet;
(h) collecting or tracking the personal information of others;
(i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) pursuing any obscene or immoral purpose; or
(k) interfering with or circumventing the security features of the Service, related websites, or the Internet.
We retain the right to terminate your use of the Service or any associated website if you breach any of these prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not ensure, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable.
You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time, without prior 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 representations, warranties, or conditions of any kind, whether 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.
In no event shall Kanya, 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 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.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kanya, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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.
15. SEVERABILITY
Should any provision of these Terms of Service be deemed unlawful, void, or unenforceable, such provision will remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms of Service. This determination will not impact the validity and enforceability of the remaining provisions.
16. TERMINATION
The obligations and liabilities of both parties incurred before the termination date shall remain in effect after 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 informing us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice. In such a case, you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services or any part thereof accordingly.
The failure of us to enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including 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.
These Terms of Service, along with any separate agreements under which we provide you with Services, shall be governed by and interpreted in accordance with the laws of Liberty Hill, Texas, US 78642.
The latest version of the Terms of Service is always available for review on this page.
We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service after the posting of any modifications to these Terms of Service signifies your acceptance of those changes.
20. CONTACT INFORMATION
For inquiries regarding the Terms of Service, please contact us at support@kanyausa.com