Terms of service

OVERVIEW

This website is operated by Embolde. Throughout this site, the terms ‘we’, ‘us’ and ‘our’ refer to Embolde. Embolde offers this website, including all information, tools and services available from this website, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices set out here.

By visiting our website and/or making a purchase from us, you are engaging with our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and conditions and policies referred to herein and/or available via hyperlink. These Terms of Service apply to all users of the website, including, but not limited to, users who are browsers, suppliers, customers, traders and/or content creators.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms of use. If you do not accept all the terms and conditions of this agreement, you must not access the website or use any of its services. If these terms of use are deemed to constitute an offer, acceptance is expressly limited to these terms of use.

Any new features or tools added to the current shop will also be subject to these terms of use. You can view the latest version of the terms of use on this page at any time. We reserve the right to update, amend or replace any part of these Terms of Use by publishing updates and/or amendments on our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the publication of any changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 – TERMS AND CONDITIONS FOR THE ONLINE SHOP
By accepting these terms of service, you declare that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us your consent to allow your minor dependants to use this website.
You must not use our products for any unlawful or unauthorised purpose, and you must not use the service in breach of any applicable laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms, viruses or any other code of a destructive nature.
Breach of any of these terms will result in the immediate termination of your services.

SECTION 1 – TERMS AND CONDITIONS FOR THE ONLINE SHOP
By accepting these terms of service, you declare that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us your consent to allow your minor dependants to use this website.
You must not use our products for any unlawful or unauthorised purpose, and you must not use the service in breach of any applicable laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms, viruses or any other code of a destructive nature.
Breach of any of these terms will result in the immediate termination of your services.

SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card details) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) modifications to comply with the technical requirements of connecting networks or devices. Credit card details are always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, the use of the service or access to the service, or any content on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these terms.

SECTION 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We accept no liability if the information on this website is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily out of date and is provided for your information only. We reserve the right to amend the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any change, price change, suspension or discontinuation of the service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online via the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our returns policy.
We have made every effort to display the colours and images of our products shown in the shop as accurately as possible. However, we cannot guarantee that the colours will be displayed correctly on your computer screen.
We reserve the right, but are under no obligation, to restrict the sale of our products or services to any particular person, geographical region or jurisdiction. We may 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 prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of a product or service on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any faults in the service will be rectified.

 SECTION 6 – ACCURACY OF BILLING AND ACCOUNT DETAILS
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may also apply to orders placed from the same customer account or using the same credit card, and/or to orders using the same billing and/or delivery address. In the event that we amend or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders which, in our sole discretion, have been placed by retailers or distributors.

You agree to provide current, complete and accurate purchase and account details for all purchases made in our shop. You agree to update your account and other details, including your email address and credit card numbers and expiry dates, without delay, so that we can process your transactions and contact you when necessary.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no supervision, 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 accept no liability whatsoever arising from or in connection with your use of the optional third-party tools.
Any use of the optional tools offered via the website is at your own risk and discretion, and you should ensure that you are familiar with and accept the terms on which the tools are provided by the relevant third-party providers.
We may also offer new services and/or features via the website in the future (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.

SECTION 8 – LINKS TO THIRD PARTIES
Certain types of content, products and services available via our service may include material from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy, and we do not guarantee, nor do we accept any liability or responsibility, for any third-party materials or websites, or for any other materials, products or services provided by third parties.
We are not liable for any damages arising from the purchase or use of goods, services, resources, content or other transactions carried out in connection with third-party websites. Please read the policies and practices of third parties carefully and ensure that you understand them before entering into any transaction. Any complaints, claims, concerns or enquiries regarding third-party products should be directed to the relevant third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain contributions (e.g. competition entries) or, without our request, send creative ideas, suggestions, proposals, plans or other material online, by email, by post or by any other means (collectively referred to as ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you send to us, in any medium. We are under no obligation to (1) keep comments confidential, (2) pay compensation for comments or (3) respond to comments.
We may, but are under no obligation to, monitor, edit or remove content which, in our sole discretion, we deem to be unlawful, abusive, threatening, defamatory, libellous, pornographic, indecent or otherwise objectionable, or which infringes any party’s intellectual property rights or these Terms of Service.
 You agree that your comments will not infringe any third-party rights, including copyright, trade marks, privacy, personality rights or other personal or property rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or indecent material, nor will they contain computer viruses or other malware that could in any way affect the operation of the service or any related website. You must not use a false email address, impersonate another person or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We accept no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL DATA
The submission of personal data via the online shop is subject to our privacy policy, which can be viewed here: [https://www.emboldedk.com/policies/privacy-policy]

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our website or within the service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders if any information on the service or on a related website is inaccurate at any time without prior notice (including after you have placed your order).
We are under no obligation to update, amend or clarify any information contained in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or revision date used on the Service or on any related website shall be taken to indicate that all information on the Service or on any related website has been amended or updated.

SECTION 12 – PROHIBITED USES
In addition to any other prohibitions set out in the Terms of Service, you must not use the website or its content: (a) for any unlawful purpose; (b) to encourage or engage in any unlawful activity; (c) to contravene any international, federal, state, provincial or local regulation, rule, law or by-law; (d) to infringe our intellectual property rights or the intellectual property rights of others;  (e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate on the grounds of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other form of malicious code that in any way affects or may affect the functionality or operation of the service or any related website, other websites or the internet; (h) to collect or track other people’s personal information; (i) for spamming, phishing, pharming, spidering, crawling or scraping; (j) for indecent or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website if you breach any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee 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 using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for an indefinite period or suspend the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you via the Service are provided (unless expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall Embolde, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any damage, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of the use of the service or products obtained through the service, or for any other claim relating in any way to the 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 arising from the use of the service or any content (or products) that has been transmitted, transmitted or otherwise made available via the service, even though you have been informed of this possibility. As some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.


SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless embolde. and our parent company, subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of or in connection with your breach of these Terms of Service or the documents, they contain by way of reference, or your breach of any law or the rights of a third party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service; such provision shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service will remain in force until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we may also 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; and/or we may deny you access to our services (or any part thereof) accordingly.

SECTION 17 – ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms of Service, this shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules published by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE
You can view the latest version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by publishing updates and amendments on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the service following the publication of any changes to these terms of service constitutes acceptance of those changes.

SECTION 20 – CONTACT DETAILS
Any enquiries regarding the terms of service should be sent to us at support@embolde.com.