Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USE ---- OVERVIEW This website is operated by Service Sylla. On this site, the terms “we,” “us,” and “our” refer to Service Sylla. Service Sylla 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 this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale,” “Terms and Conditions of Sale and Use,” “Terms”), including the additional terms, conditions, and policies referenced herein and/or available by hyperlink. These 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 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 Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the services offered therein. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use. All new features and tools that will be added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can view the most recent version of the 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 Terms and Conditions of Sale and Use 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 e-commerce platform that allows us to sell our products and services to you. SECTION 1 – ONLINE STORE TERMS OF SERVICE By agreeing to these Terms and Conditions of Sale and Use, you represent 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 dependents to use this website. The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or other code of a destructive nature. Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services. ARTICLE 2 – TERMS AND CONDITIONS We reserve the right to refuse access to the Services to anyone for any reason at any time. You understand that your content (excluding your credit card information) may be transferred unencrypted, which implies (a) transmissions over various networks; and (b) changes to comply with 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, use of the Service, or access to the Service or contact on the website through which the Service is provided, without express prior written permission from us. The headings used in this agreement are included for convenience only and will not limit or 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 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 certain historical information. This historical information, by its nature, is not current 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 – CHANGES TO THE SERVICE AND PRICES The prices of 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 of the Service) without notice and at any time. We shall not be liable to you or any third party for any price changes, suspensions, or discontinuance of the Service. SECTION 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We will, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under 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 cancel it, we will 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, appear to be from wholesalers, resellers, or distributors. You agree to provide current, complete, and accurate order and account information for all orders placed at 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 see our Return Policy. SECTION 7 – OPTIONAL TOOLS We specifically provide you with access to third-party tools over which we have no oversight, 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 liability arising from or related to the 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 review the terms and conditions under which these tools are offered by the relevant third-party provider(s). We may also define, in the future, new services and/or new features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use. ARTICLE 8 – THIRD-PARTY LINKS Certain content, products, and services available through our Service may include items from third parties. Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and assume no liability for any content, website, product, service, or other material accessible on or through these 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 review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be directed to those same levels. ARTICLE 9 – COMMENTS, SUGGESTIONS, AND OTHER USER SUBMISSIONS If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by 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 any comments you send us in any media. We are not and shall not be obligated (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; or (3) to 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, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions of Sale and Use. You agree to post comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, and that they will not contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us and/or third parties as to the origin of your comments. You are solely responsible for any comments you post and their accuracy. We assume no responsibility and disclaim all liability for any comments you or any other third party posts. SECTION 10 – PERSONAL INFORMATION Your personal information submitted through our store is governed by our Privacy Policy. Click here to view our Privacy Policy. SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 without prior notice (including after you have submitted your order). We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to pricing information, unless required by law. No specified date on the Service or any related website should be taken to mean that the information on the Service or any related website has been modified or updated. SECTION 12 – PROHIBITED USES In addition to the prohibitions contained in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite third parties to perform or participate in illegal acts; (c) to violate any local ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; e) to harass, abuse, insult, curse, 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 could damage the functionality or operation of the Service or any other associated or independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, domain hijack, phish, browse, crawl, or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures 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 any of the prohibited uses. SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from 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 the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided “as is” and “as available” for your use, without representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Service Sylla, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any service or product from this 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 through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. SECTION 14 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Service Sylla, our parent company, 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 violation of these Terms and Conditions 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 any provision of these Terms and Conditions of Sale and Use is found to be illegal, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severability shall not affect the validity and enforceability of all other remaining provisions. ARTICLE 16 – TERMINATION The obligations and responsibilities incurred by the parties prior to the date of termination shall remain in effect after the termination of this agreement for all purposes. These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these 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 have failed, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions 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 will 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 Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision. These Terms and Conditions of Sale and Use or any other operating policies or rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use). Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party. ARTICLE 18 – APPLICABLE LAW These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed by and construed in accordance with the laws in force in Canada. ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE You can view the most recent version of the 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 Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to visit our website periodically to check for any changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes. ARTICLE 20 – CONTACT INFORMATION Questions regarding the Terms and Conditions of Sale and Use should be sent to us at contact@doonyfit.com.