Terms Of Services

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

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.

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.

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, you represent that you are at least the age of majority in your state or province of residence, or 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 jurisdiction (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 transmissions over various networks and changes to conform to technical requirements. 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 without our express written permission.
  • Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material is provided for general information only and should not be relied upon as the sole basis for decisions. Any reliance on the material is at your own risk. Historical information is provided for reference only. We may modify site contents at any time but have no obligation to update information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
  • We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

  • Certain products or services may be available exclusively online and may have limited quantities; returns/exchanges are as per our Return Policy.
  • We have made every effort to display product colors and images accurately; we cannot guarantee your device’s display will be accurate.
  • We may limit sales of our products or Services to any person, region or jurisdiction and limit quantities, at our sole discretion.
  • All descriptions and pricing are subject to change at any time without notice. We may discontinue any product at any time.
  • We do not warrant that the quality of any products, services, information, or other material will meet your expectations, or that errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse any order and to limit or cancel quantities purchased per person, household or order. If we change or cancel an order, we may attempt to notify you using the email, billing address and/or phone number provided.
  • We may 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 and promptly update your details so we can complete transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties of any kind and without any endorsement. Your use of optional tools is entirely at your own risk and you should ensure you approve the terms of the applicable third-party provider(s). Future new services and/or features will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will have no liability for third-party materials, websites, products or services. Please review third-party policies before engaging in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us submissions (with or without request), you agree that we may edit, copy, publish, distribute, translate and use them in any medium, without restriction and without obligation to keep them confidential, pay compensation, or respond. We may monitor, edit or remove content we determine to be unlawful, offensive or in violation of rights or these Terms. You agree your submissions will not violate any rights, contain unlawful/abusive/obscene material, or malware, and that you will not mislead regarding origin. You are solely responsible for your comments and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or Service that contains typographical errors, inaccuracies or omissions (e.g., product descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct and update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 12 – PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content for any unlawful purpose; to violate regulations or laws; to infringe intellectual property rights; to harass or discriminate; to submit false information; to upload viruses or malicious code; to collect personal information of others; to spam/phish/pharm; for obscene or immoral purposes; or to interfere with security features. We may terminate your use of the Service for violations.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. You agree the Service and all products/services are provided “as is” and “as available” without warranties of any kind unless expressly stated by us. In no case shall Kākahu, our directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kākahu and 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 your breach of these Terms or your violation of any law or rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed, without affecting the validity and enforceability of other provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless and until terminated by you or us. If we believe you have failed to comply with any term, we 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

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

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 India.

SECTION 19 – CHANGES TO 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, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of the website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@kakahu.in.