General Terms And Conditions Of Sale and Use
GENERAL TERMS AND CONDITIONS OF SALE AND USE
----
OVERVIEW
This website is operated by SooKaring.
On this site, the terms "we," "our," and "ours" refer to SooKaring. SooKaring offers this website, including all the information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here. By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Terms of Sale", "General Terms of Sale and Use", "Terms"), including the additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to, users who browse the site, who are sellers, customers, merchants, and/or content contributors. Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added to this store later will also be subject to these General Terms of Sale and Use.
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for any changes. Your continued use of the website or your access to it after the publication of any modifications constitutes your acceptance of these modifications. Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must also not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any other code of a destructive nature. Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to anyone at any time, for any reason whatsoever. You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, thru which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions, without first consulting more accurate, complete, and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some prior information.
This prior information, by its nature, is not up to date and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may be changed without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice and at any time. We will not be liable to you or any third party for any price modification, suspension, or interruption of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online on our website.
These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy. We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guaranty that the color display on your computer screen will be accurate. We reserve the right, without being obligated to do so, to limit the sales of our products or services to any person, and in any 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 product or service we offer. All product descriptions and all product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law. We do not guaranty that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from 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 modify an order or if we were to cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers, or distributors. You agree to provide up-to-date, complete, and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
For more details, please refer to our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or influence. 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 legal liability arising from or related to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products, and services available thru our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us.
We are not obligated to review or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any content, website, product, service, or other material accessible on or from such third-party sites. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please carefully read the policies and practices of third parties and make sure you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to those same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS, AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to enter contests), or if 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 grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms of Service. You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain any computer viruses or other malicious software that could in any way affect the functioning of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all the comments you post as well as their accuracy. We assume no responsibility and disclaim any commitment regarding any comments you post or any other third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may sometimes be information on our site or in the Service that may contain typographical errors, inaccuracies, or omissions that may be related to product descriptions, pricing, promotions, offers, product shipping costs, delivery 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 and without notice (including after you have placed your order). We are not obligated to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date in the Service or on any other associated website should be taken as an indication that the information in the Service or on any other associated website has been modified or updated. No defined update or refresh date in the Service or on any other associated website should be taken as an indication that the information in the Service or on any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone 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 any related website, independent, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guaranty or claim in any way that your use of our Service will be uninterrupted, fast, secure, or error-free. We do not guaranty that the results that may be obtained thru 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 prior notice to you. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service as well as all products and services provided to you thru the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.
SooKaring, our directors, officers, employes, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event 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, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product from this Service, or as to any other claim relating 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, our liability shall be limited to the maximum extent permitted by law.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and protect SooKaring, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employes, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that a provision of these General Terms and Conditions of Sale and Use is deemed illegal, void, or unenforceable, that provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities undertaken by the parties before the termination date shall remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or us.
You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we determine, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this site or in relation to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement thru which we provide you with Services, shall be governed by and interpreted in accordance with the laws in force in Canada.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the publication of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at info.sookaring@gmail.com.