Terms & Conditions
Overview
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE YAMOGU APPAREL INC. WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
This website (the “Website” or the “Site”) is operated by Yamogu Apparel Inc. (“Yamogu”). Throughout the Site, the terms “we”, “us” and “our” refer to Yamogu, and the terms “you” and “your” refer to you, the user. Yamogu offers this Website, including all information, tools , and services contained and available herein, to you, the user, conditional upon your acceptance of all terms, conditions, policies , and notices stated herein.
For greater certainty, by visiting our Website or purchasing our products, you engage in our “Services” and you unequivocally agree to be bound by the following terms and conditions (the “Terms of Service”, or the “Terms”), including, without limitation, those additional terms, conditions, and policies referenced herein or otherwise available to you through our Website via hyperlink or other electronic means of communication, graphics, design, or content. These Terms apply to all users of the Website, including, without limitation, users of the Site who are browsers, vendors, customers, merchants, or contributors of content. Furthermore, these Terms apply to the design and content featured on the Website, including, text, materials, clothing and other product designs, product information, graphics, artwork, images, so called “look and feel”, photography, audio and video clips or content, employment opportunities, software, date and other information on this Site as may be updated from time to time (the “Content”).
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Site, you unequivocally agree to be bound by these Terms of Service. If you do not agree to some or all of the Terms, then you may not access the Website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any features or tools which may be added to the Website or our current store shall also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this webpage. We reserve the right to update, change or replace any part of the Terms by posting updates or changes to the Website. It is your responsibility to check this webpage periodically for changes to the Terms of Service. Notwithstanding the foregoing, your continued use of or access to the Website or our Services following the posting of any changes to the Terms of Service constitutes your 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 of Service, you represent that you are at least the age of majority in your state or province of residence, and you further represent that you have freely 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, use the Services to violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, malware, or any code of a destructive nature to or through the Website. 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 and acknowledge that certain content (not including credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. 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 Services, use of the Services, access to the Services, or any contact on the Website through which the Services are provided, without our express written consent, which we may refuse to grant at our sole, absolute, and unfettered discretion.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
Section 3 - Accuracy, Completeness & Timeliness of Information
We bear no legal responsibility if the information , material, or Content made available to you on the Site is not accurate, complete or current. The information provided to you on the Website is of a general nature only and should not be relied upon or used as the sole basis for making decisions without consulting other primary, more accurate, more complete, more comprehensive, and more timely sources of information. Any reliance on the Content, information or material on this Site is at your own risk.
This Site may contain certain historical information. Inherently, Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We do not endorse or guarantee the accuracy of content, information, or materials contained in any third party’s website whose link might appear on our Site.
Section 4 – Website Content Ownership & Permitted Use
The Website, Content, and all intellectual property rights associated with the Website and Content, are owned by Yamogu or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Site, the Content, or any copyright or other proprietary notices on any Content.
Notwithstanding the foregoing, music may not be copied except only as necessary to access the Website.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Website or the Content. The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trade-marks, trade dress, and other proprietary rights. Except for the limited rights granted above, all other rights are reserved.
Section 5 - Modifications to the Service & Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Section 6 - Products or Services (if applicable)
Certain products or services may be made available by us exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange in accordance with the Returns Policy on our Website (the “Returns Policy”).
We have made all reasonable efforts to display and recreate the colours and images of our products that appear in our store as accurately as possible. We cannot guarantee that your computer’s electronic display of any color will be accurate.
We may, on a case-by-case basis, limit the sales of our products or Services to any person, geographic region, or jurisdiction. We further reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time and without notice, at our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected in a timely fashion, or at all.
Section 7 - Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole, absolute, and unfettered 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, or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to 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 for all purchases made 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 reasonably needed. For further detail, please review the Returns Policy.
Section 8 - Optional Tools
We may provide you with access to third-party tools which we neither monitor nor have any control nor input on. You acknowledge and agree that we provide you access to such tools ”as is” and “as available” without any warranties, representations , or conditions of any kind and without any endorsement.
You agree that we shall bear no liability whatsoever relating to or arising from your use of optional third-party tools.
Any use by you of optional third-party tools offered to you through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the Website, Including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
Section 9 - Third-Party Links
Certain content, products, and services available via our Services may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the practices and policies of third-party sites and make sure you understand the same before you engage in a transaction using a third-party site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not Yamogu.
Section 10 - User Comments, Feedback & Other Submissions
If, at our request, you send certain submissions (e.g. contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (1) keep Comments confidential; (2) pay you for the use of any Comments; or (3) respond to any Comments.
We may monitor, edit, or remove content that we determine in our sole and absolute discretion are unlawful, offensive, threatening, libelous, defamatory, distasteful, morally repugnant, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any
Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Section 11 - Personal Information
Your submission of personal information through the store is governed by the Privacy Policy on our Website (the “Privacy Policy.”).
Section 12 - Errors, Inaccuracies & Omissions
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies , or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including , without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Section 13 - Prohibited Uses
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial , or state regulations, rules, laws, policies, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, 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 or malware that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Section 14 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that, we may from time to time, remove the service for indefinite periods of time or cancel the Services at any time without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Yamogu, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers , or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss nof data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services, despite being advised of their possibility. You further agree that Yamogu’s liability shall be limited to the fullest extent permitted by law in all provinces and jurisdictions that do not allow for the exclusion or limitation of liability for consequential or incidental damages.
Section 15 – Indemnification
You agree to indemnify, defend and hold harmless Yamogu and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns , and employees from any claim or demand, including reasonable legal fees, made by a third-party due to or arising from your breach of these Terms of Service, the documents or laws incorporated by reference herein, or your violation of any law or the rights of a third-party.
Section 16 – Severability
In the event that any provision of these Terms of Service is deemed invalid, illegal, or incapable of being enforced by any rule, law, or public policy, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. For greater certainty, if any provision of these Terms of Service is deemed invalid, illegal or unenforceable, then all other provisions of these Terms of Service shall nevertheless remain in full force and effect.
Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and 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 we suspect or determine that you have failed to comply with any provision of these Terms of Service, we may terminate this agreement at any time without notice, in which case you will remain liable for all amounts due and owing to us up to and including the date of termination, and we may deny you continued access to our Services or any part thereof.
Section 18 - Entire Agreement
The failure of us to exercise or enforce any rights or provisions of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 - Governing Law
These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed, including as to validity, interpretation and effect, by the laws of the Province of British Columbia and the laws of Canada applicable therein. Further. you agree to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia in respect of all matters arising under and in relation to the Terms of Service and any documents pertaining to the provision of the Services.
Section 20 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time by visiting this webpage. We reserve the right, at our sole and absolute discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 21 - Contact Information
Questions about the Terms of Service should be sent to us at customer@yamogu.ca.