Terms of Service
OVERVIEW
This website is operated by Kivuna. Throughout the site, the terms “we”, “us” and “our” refer to Kivuna. Kivuna provides this website, including all information, products, tools, and services available from this site to you, the user, subject to 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 these Terms of Service (“Terms”), including any additional terms and policies referenced herein or made available by hyperlink.
These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants, and 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. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use our Services.
Any new features, products, or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority and have given us permission to allow any minor dependents to use this site where permitted by applicable law.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws or regulations while using the Service, including intellectual property laws.
You must not transmit any worms, viruses, malware, or any code of a destructive nature.
A breach or violation of these Terms may result in termination of your access to our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that information you provide through the website, excluding payment card information, may be transferred unencrypted and may involve transmissions over various networks and technical adaptations required to connect networks or devices. Payment card information is encrypted during transmission in accordance with applicable security standards.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
The headings used in these Terms are included for convenience only and do 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 on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions.
We make reasonable efforts to keep information on our website current and accurate, but errors, omissions, or outdated information may occasionally occur.
This site may contain historical information that is provided for reference only. We reserve the right to modify website content at any time and are not obligated to update all information unless required by applicable law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify, suspend, or discontinue the Service, or any part or content thereof, at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, except where otherwise required by applicable law.
SECTION 5 – PRODUCTS OR SERVICES
Certain products may be available exclusively online through our website. Products may be available in limited quantities and are subject to our Refund and Return Policy.
We make reasonable efforts to display product images, colors, descriptions, and details as accurately as possible. However, the appearance of products may vary depending on your device or screen settings.
We reserve the right to limit the quantities of products offered, limit sales to particular persons or jurisdictions where permitted by law, and discontinue products at any time.
Product descriptions, pricing, availability, and promotions are subject to change without notice.
We do not guarantee that products, Services, information, or other materials purchased or obtained through the website will meet every customer's individual expectations.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us, subject to applicable law.
We may limit or cancel quantities purchased per person, household, account, payment method, or order where reasonably necessary, including to prevent suspected fraud or unauthorized resale.
If we make a change to or cancel an order, we may attempt to notify you using the contact information provided when the order was placed.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.
For more information, please review our Refund and Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not monitor, control, or manage.
You acknowledge that access to such tools is provided “as is” and “as available”, without warranties or representations unless otherwise required by applicable law.
Any use of optional third-party tools is at your own discretion and subject to the terms and conditions of the relevant third-party provider.
New features, tools, or Services added to the website in the future will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain products, content, or Services available through our website may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with Kivuna. We are not responsible for the content, accuracy, policies, or practices of third-party websites.
Any transaction you make with a third party is subject to that third party's terms and policies. You should review those policies carefully before completing a transaction.
Questions, complaints, or concerns regarding third-party products or Services should be directed to the relevant third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, feedback, suggestions, ideas, reviews, or other submissions, whether requested by us or provided voluntarily, you agree that we may use, reproduce, modify, publish, distribute, or translate such submissions for business, marketing, or operational purposes, subject to applicable law and our Privacy Policy.
You are responsible for ensuring that your submissions do not violate the rights of any third party, including copyright, trademark, privacy, or other proprietary rights.
You must not submit content that is unlawful, abusive, threatening, defamatory, obscene, misleading, fraudulent, or contains malicious software.
We reserve the right to remove or restrict content that we reasonably believe violates these Terms or applicable law.
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, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders where appropriate, including after an order has been submitted.
We are not obligated to update, amend, or clarify information except as required by applicable law.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to participate in unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe upon our intellectual property rights or the rights of others;
(e) to harass, abuse, threaten, defame, discriminate against, or harm others;
(f) to submit false, misleading, or fraudulent information;
(g) to upload or transmit viruses, malware, or other malicious code;
(h) to collect or track personal information of others without authorization;
(i) to spam, phish, crawl, scrape, or otherwise misuse the website;
(j) for any unlawful, fraudulent, or abusive purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to suspend or terminate access to the Service for violations of these Terms, subject to applicable law.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Kivuna does not guarantee that the Service will always be uninterrupted, timely, secure, or error-free.
The website and its Services are provided on an “as is” and “as available” basis, except where otherwise required by applicable law.
We do not guarantee that information obtained through the Service will always be accurate or reliable.
To the maximum extent permitted by applicable law, Kivuna and its owners, employees, contractors, suppliers, service providers, and affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the website or products purchased through the website.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law, including rights granted to consumers by mandatory consumer protection laws.
SECTION 14 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Kivuna and its owners, employees, contractors, service providers, suppliers, and affiliates from claims, damages, liabilities, or reasonable expenses arising from your violation of these Terms, your unlawful use of the website, or your violation of the rights of another party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or by us.
You may stop using our website and Services at any time.
If we reasonably believe that you have violated these Terms or applicable law, we may suspend or terminate your access to the Service, subject to applicable law.
Any obligations or liabilities incurred before termination shall survive termination where applicable.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund and Return Policy, and any other policies posted on the website, constitute the entire agreement between you and Kivuna regarding your use of the Service, unless otherwise required by applicable law.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and interpreted in accordance with the laws applicable to Kivuna and the jurisdiction in which Kivuna operates, without limiting any mandatory consumer rights that may apply to customers in their place of residence.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to review this page periodically. Your continued use of the website following the posting of changes constitutes acceptance of the updated Terms, to the extent permitted by applicable law.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us through the contact information provided on our website.
Kivuna Contact: support@kivuna.com Website: Kivuna