Terms of service

GENERAL INFORMATION 

Welcome to Inklumea! Throughout this website, the terms "we," "us," and "our" refer to Inklumea. Inklumea operates this store and website, including all information, content, features, tools, products, and related services in order to provide you, the customer, with a curated shopping experience (the “Services”). Inklumea is powered by Shopify, which enables us to provide these Services to you. 

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe 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 areas such as warranties, disclaimers, and limitations of liability. 

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use our Services. 

SECTION 1 – ACCESS AND ACCOUNT 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. 

To use the Services, including 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 information, payment information, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, complete, and that you have all necessary rights to provide such information. 

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person. 

 

SECTION 2 – OUR PRODUCTS 

We make every effort to display our products and services as accurately as possible in our online store. However, please note that product colors and appearances may vary depending on the device, screen settings, and display technology used to access our store. 

We do not guarantee that the appearance, quality, or characteristics of any product or service purchased will meet your expectations or exactly match how it is displayed on our online store. 

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any individual, geographic region, or jurisdiction on a case-by-case basis. 

SECTION 3 – ORDERS 

By placing an order, you are making an offer to purchase. Inklumea reserves the right to accept or reject any order for any reason at its sole discretion. 

Your order will not be considered accepted until Inklumea confirms acceptance of the order. We must receive and process payment before accepting your order. 

You should carefully review your order before completing your purchase, as we may not be able to process cancellation requests once an order has been accepted. 

If we refuse, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided at the time the order was placed. 

Returns and exchanges may only be made in accordance with our Refund Policy. 

You represent and warrant that your purchase is intended for personal or household use only and is not intended for resale or commercial export. 

SECTION 4 – PRICING AND BILLING 

Prices, discounts, and promotions are subject to change without notice. 

The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. 

Unless otherwise stated, published prices do not include taxes, shipping charges, handling fees, customs duties, import fees, or similar charges. 

Prices displayed on our online store may differ from prices offered through other sales channels or third-party retailers. 

From time to time, we may offer promotions that are subject to separate terms and conditions. In the event of any conflict between promotional terms and these Terms of Service, the promotional terms will prevail. 

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account information, including your email address, payment card details, and expiration dates, so that we can complete transactions and communicate with you as necessary. 

You represent and warrant that: 

(i) the payment information you provide is accurate, current, and complete; 

(ii) you are authorized to use the payment method provided; 

(iii) charges incurred will be honored by your payment provider; and 

(iv) you will pay all charges incurred at the published prices, including applicable shipping charges, handling fees, taxes, and other applicable costs. 

SECTION 5 – SHIPPING AND DELIVERY 

We are not responsible for shipping or delivery delays. 

All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by shipping carriers, customs processing, weather conditions, supply chain disruptions, or events beyond our reasonable control. 

Once products have been transferred to the shipping 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, product samples, images, graphics, product reviews, videos, audio content, and the design, selection, and arrangement thereof, are the property of Inklumea, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws. 

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. 

Except as expressly provided herein, nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property owned by Inklumea, Shopify, or any third party. 

Unauthorized use of the Services may violate intellectual property laws and other applicable regulations. All rights not expressly granted herein are reserved by Inklumea. 

The names, logos, product names, service names, designs, and slogans of Inklumea are trademarks of Inklumea, its affiliates, or licensors. You may not use any such trademarks without our prior written permission. 

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are the property of their respective owners. 

SECTION 7 – OPTIONAL TOOLS 

We may provide you with access to third-party tools as part of the Services. These tools are provided by third parties over whom we have no control, monitoring, or input. 

You acknowledge and agree that such tools are provided on an "as is" and "as available" basis without any warranties, representations, conditions, or endorsements of any kind. 

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 Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers. 

We may also, in the future, offer new features, tools, products, or resources through the Services. Such new features shall also be subject to these Terms of Service. 

SECTION 8 – THIRD-PARTY LINKS 

The Services may contain materials, content, or links to websites operated by third parties, including embedded third-party functionality. 

We are not responsible for examining or evaluating the content, accuracy, or reliability of any third-party materials or websites. 

If you choose to access third-party websites or services, you do so entirely at your own risk. 

We shall not be liable for any harm, damages, losses, or issues arising from your access to or use of any third-party website, product, service, resource, or content. 

We encourage you to carefully review the policies, practices, and terms of any third party before engaging in any transaction. 

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party. 

SECTION 9 – RELATIONSHIP WITH SHOPIFY 

[MERCHANT NOTICE: This section accurately reflects Shopify's relationship with your store and should not be removed or modified.] 

Inklumea is powered by Shopify, which enables us to provide the Services to you. 

However, any sale or purchase made through our store is conducted directly between you and Inklumea. 

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Inklumea, including any injury, loss, damage, or claim arising from the purchase of products or services. 

You hereby expressly release Shopify and its affiliates from any claims, damages, liabilities, or disputes arising from or relating to your transactions with Inklumea. 

SECTION 10 – PRIVACY POLICY 

All personal information collected through the Services is governed by our Privacy Policy, which is available through our website. 

Certain personal information may also be subject to Shopify's Privacy Policy. 

By using the Services, you acknowledge that you have read and understood our Privacy Policy. 

Because the Services are hosted by Shopify, Shopify collects and processes information regarding your access to and use of the Services in order to provide and improve the Services. 

Information submitted through the Services may be transferred to Shopify and shared with third parties located in countries other than your country of residence for the purpose of providing and improving the Services. 

Please review our Privacy Policy for additional information regarding how Inklumea, Shopify, and our partners collect, use, and process your personal information. 

SECTION 11 – USER SUBMISSIONS AND COMMENTS 

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant Inklumea a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial purposes. 

For example, we may use Comments to operate, provide, evaluate, improve, optimize, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service. 

You represent and warrant that: 

(i) you own or otherwise control all rights to the Comments you submit; 

(ii) you have disclosed any compensation or incentives received in connection with your Comments; and 

(iii) your Comments comply with these Terms of Service. 

We are under no obligation to: 

  1. Maintain any Comments in confidence; 

  1. Pay compensation for any Comments; or 

  1. Respond to any Comments. 

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic, objectionable, or in violation of any party's intellectual property rights or these Terms of Service. 

You agree that your Comments will not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or any other personal or proprietary rights. 

You further agree that your Comments will not contain unlawful, abusive, defamatory, obscene, or harmful material, including computer viruses, malware, or any code that could affect the operation of the Services or any related website. 

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Comments. 

You are solely responsible for any Comments you submit and their accuracy. We assume no responsibility and accept no liability for Comments posted by you or any third party. 

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS 

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. 

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after you have submitted an order. 

SECTION 13 – PROHIBITED USES 

You may access and use the Services only for lawful purposes. 

You may not access or use the Services, directly or indirectly: 

(a) for any unlawful or malicious purpose; 

(b) to violate any international, federal, state, provincial, territorial, or local law, regulation, or ordinance; 

(c) to infringe upon our intellectual property rights or the intellectual property rights of others; 

(d) to harass, abuse, insult, harm, defame, intimidate, threaten, or discriminate against any person; 

(e) to submit false or misleading information; 

(f) to upload, download, use, transmit, or distribute content that violates these Terms; 

(g) to transmit unsolicited advertising, promotional material, spam, chain letters, junk mail, or similar solicitations; 

(h) to impersonate any person or entity; or 

(i) to engage in any activity that interferes with or restricts another person's use and enjoyment of the Services or that may harm Inklumea, Shopify, or other users. 

Additionally, you agree not to: 

(a) upload or transmit viruses, malware, or other malicious code; 

(b) reproduce, duplicate, copy, sell, resell, exploit, or otherwise use any portion of the Services without authorization; 

(c) collect, track, or misuse personal information belonging to others; 

(d) engage in phishing, spoofing, spamming, scraping, or similar activities; 

(e) use robots, spiders, crawlers, artificial intelligence systems, automated software, scraping tools, data mining tools, or any automated or manual process to access the Services; or 

(f) interfere with, bypass, disable, or circumvent security features, authentication measures, robots exclusion protocols, or other access restrictions. 

We reserve the right to suspend, terminate, or disable access to the Services or any account at any time, without notice, if we determine that these Terms have been violated. 

SECTION 14 – AGENTS 

14.1 Agent Terms 

This section applies if you use, enable, authorize, or cause the deployment of an Agent to access, use, or interact with the Services. 

An "Agent" means any software, system, service, or technology that performs autonomous or semi-autonomous actions on behalf of a person or entity without direct supervision. 

14.2 Authorized Use 

No Agent may access, use, or interact with the Services unless it complies at all times with the requirements described in this Section. 

Additionally, no Agent may access the Services if we have requested that such Agent cease access or interaction. 

14.3 Restrictions 

We may limit, control, restrict, or technically block the access, use, or interaction of any Agent with the Services. 

14.4 Agent Requirements 

Agents must: 

(i) clearly identify themselves in every HTTP/HTTPS request by including the following format in the user-agent string: 

"Agent/[Agent Name]" 

(ii) not conceal or misrepresent that access or interaction is performed by an Agent; 

(iii) not imitate human behavior to deceive detection systems; 

(iv) not complete or bypass CAPTCHAs or similar verification systems intended to distinguish human users from automated systems; 

(v) respond truthfully to inquiries regarding whether interactions originate from a human or an Agent; and 

(vi) not circumvent or interfere with mechanisms designed to control, limit, block, or regulate Agent access. 

SECTION 15 – TERMINATION 

We may terminate this agreement or your access to the Services, in whole or in part, at any time and at our sole discretion, without prior notice. 

You remain responsible for all amounts owed up to and including the effective date of termination. 

The following provisions shall survive termination: 

  • Intellectual Property 

  • User Submissions and Comments 

  • Termination 

  • Disclaimer of Warranties 

  • Limitation of Liability 

  • Indemnification 

  • Severability 

  • Waiver and Entire Agreement 

  • Assignment 

  • Governing Law 

  • Privacy Policy 

  • Any other provision that by its nature should survive termination. 

SECTION 16 - DISCLAIMER OF WARRANTIES 

The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by any person who may be informed of any of its Content. 

UNLESS EXPRESSLY STATED BY THE [ENTREPRENEUR], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION 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. WE DO NOT WARRANT, REPRESENT, OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

SECTION 17 – LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INKLUMEA, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. 

THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 

SUCH DAMAGES MAY ARISE FROM: 

  • Your use of the Services; 

  • Any product purchased through the Services; 

  • Any interruption, delay, or inability to use the Services; 

  • Any errors or omissions in content; 

  • Any loss or damage resulting from content or products made available through the Services. 

THIS LIMITATION OF LIABILITY APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Because some jurisdictions do not allow certain limitations of liability, portions of the above limitation may not apply to you. 

SECTION 18 – INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Inklumea, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to: 

  1. Your breach of these Terms of Service or any documents incorporated by reference; 

  1. Your violation of any law or regulation; 

  1. Your infringement of any third-party rights; or 

  1. Your access to or use of the Services. 

We will provide notice of any indemnifiable claim, provided that failure to promptly notify you shall not relieve you of your obligations unless you are materially prejudiced by such failure. 

We reserve the right to control the defense and settlement of any claim at your expense, including the selection of legal counsel. 

You agree to cooperate fully in the defense of any such claim, including providing relevant information and documentation when requested. 

SECTION 19 – SEVERABILITY 

If any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law. 

The unenforceable portion shall be deemed severed from these Terms of Service, and 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, guidelines, or operating rules posted by us on this website or relating to the Services, constitute the entire agreement and understanding between you and Inklumea regarding your use of the Services. 

They supersede all prior or contemporaneous agreements, communications, negotiations, and proposals, whether oral or written, including any previous versions of these Terms of Service. 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 21 – ASSIGNMENT 

You may not delegate, transfer, assign, or otherwise convey this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. 

Inklumea may transfer, assign, or delegate these Terms and any of our rights or obligations without your consent or prior notice. 

SECTION 22 – GOVERNING LAW 

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts located within the jurisdiction in which Inklumea is headquartered. 

You and Inklumea consent to the exclusive jurisdiction and venue of such courts. 

SECTION 23 – HEADINGS 

The headings used in these Terms of Service are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms. 

SECTION 24 – CHANGES 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, at our sole discretion, to update, modify, replace, or change any portion of these Terms of Service by posting updates and revisions on our website. 

It is your responsibility to review our website periodically for changes. 

We will provide notice of any material changes to these Terms as required by applicable law. Such changes will become effective on the date specified in the notice. 

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 25 – CONTACT INFORMATION 

Questions regarding these Terms of Service should be directed to: 

Contact Information 

Business Name: Inklumea