Version Date: June 12, 2020
TERMS OF USE AGREEMENT
This website is operated by Luvolux Inc. (“SUKU Vitamins”). As a convenience to you, SUKU Vitamins grants you access to its website, accessible via www.sukuvitamins.com, and any subdomains (collectively, the “sites”), and use of its applications (hereinafter referred to as the “apps”), on the condition of your acceptance of our Terms of Use along with any other policies such as our Privacy Policy, Return Policy, and/or any other document referred to herein or any policy present on this website but not included in a specially designated document. Throughout the site, the terms “we”, “us” and “our” refer to SUKU Vitamins.
For the purposes of our Terms of Use, the term “content” refers to and includes, without limitation, any form of information, data, text, photographs, logos, labels, custom graphics, software, scripts, comments, or anything that is accessible through our site.
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 Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use 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 Use as well as our Privacy Policy carefully before accessing or using our website. By accessing or using any part of our website, you agree to abide and be bound by our Terms of Use and the conditions of our Privacy Policy. If you do not agree and abide our Terms of Use or our Privacy Policy, then you must immediately discontinue using our site and exit our site, our apps, and discontinue viewing or using any of its content. These Terms of Use are considered an offer, and acceptance of this offer is strictly limited to these Terms of Use. By using our site and apps on any computer, mobile cellular phone, tablet, console, television, or any other device where you are able to view and use the contents of this site or apps, you agree to abide by these Terms of Use, and you consent and agree to the collection, use, and disclosure of information as laid out in these Terms of Use and our Privacy Policy.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website at any time without notification. 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 of Use, you acknowledge that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If under the age of majority in your state or province of residence, you acknowledge that you are on our site with the consent and under the supervision of an adult over the age of majority in your province or state who is your legal guardian.
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 may not use our any of our products or browse our website for the purpose of competitive analysis or for research purposes without prior written consent from us.
You must not knowingly transmit any worms, viruses or any code of a destructive nature such as logic bombs which are technologically harmful. You must not attempt to gain unauthorized access to our site or the server our site is hosted on. You will notify SUKU Vitamins IMMEDIATELY of any vulnerabilities on our website in good faith without any conditions. You must not attack our site, any affiliated sites, or apps via a denial of service attack or distributed denial of service attack. In the attempt of a breach, or an attack on our website, we will report it to the relevant law enforcement authorities and we will co-operate with those authorities in any way we can.
We will not be liable for any loss or damage caused by any attacks that may infect or harm you, your technological devices, or your data or proprietary data due to the use of our site or to your downloading of any material posted on our site or any website linked to it.
A breach or violation of any of these terms will result in an immediate termination of this agreement.
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 transmission(s) over various networks; and (b) 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 Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SUKU Vitamins will waive any and all rights we may have under any law if any of the provisions of these Terms of Use is deemed to be invalid, illegal, or unenforceable. If this clause is unenforceable, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity in any other jurisdiction. Additionally, if any provision of these Terms of Use is deemed to be invalid, illegal, or unenforceable, you agree to allow SUKU Vitamins to reform these Terms of Use and recreate these Terms of Use as if such provision had never been contained herein.
The official language of these Terms of Use as well as all communications and agreements between SUKU Vitamins and you shall only be made in the English language. SUKU Vitamins and you will waive any and all rights we may have under any other law to have these Terms of Use written and translate to another language. Any translation of these Terms of Use will be for convenience only, and not for official use.
The section and paragraph headings in our Terms of Use are for convenience only and shall not affect their interpretation.
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 information 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 timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, 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.
SECTION 4 - MODIFICATIONS
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 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 Service.
Any content offered or posted on our site is subject to modification or discontinuation at any time without notice.
SECTION 5 - PRODUCTS AND/OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have 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 cannot guarantee that the product(s) that you purchase from us will appear as exactly as they appear on our website.
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 may exercise this right on a case-by-case basis. We 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 without notice, at the sole discretion of us. 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 Service will be corrected.
SECTION 6 – YOUR ACCOUNT
We reserve the right to refuse any order you place with us. We may, 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 make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/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.
If you choose to establish an account with SUKU Vitamins, you are solely responsible for maintaining the security of your account, maintaining the confidentiality of your account, restricting access to your account, and you agree to be solely responsible and liable for all activities that occur under your account or your account password. 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree to immediately notify SUKU Vitamins of any unauthorized use of your account or if your account has been breached. SUKU Vitamins reserve the right to disable, delete, or close your account at any time, for any reason.
SECTION 7 – BILLING AND PAYMENT METHOD
We use Shopify Payments and PayPal to bill you for the use of our services or for our sroducts. You agree to make payments and pay us using the selected Payment Method. Payment processing will be subject to the terms and conditions and privacy policies of the Payment Processor in addition to our Terms of Use. We are not responsible, and you agree to not hold us responsible for errors made by the Payment Processor. We reserve the right to correct, adjust, or modify any errors or mistakes that the Payment Processor makes before, during, or after the request for payment or after received payment. Payment options may change without notice.
The terms of your payment will be based on your chosen payment method. If we, through your chosen Payment Processor, do not receive payment from you, we reserve the right to withhold delivering the service or product in which you have ordered from us until the full amount due on your billing account has been paid and received by us.
Coupon codes have no cash value, and therefore cannot be redeemed for cash. Coupon codes cannot be combined with any other offer. We reserve the right to refuse to honor a coupon code for any reason. We reserve the right to cancel coupon codes or limit or change their redemption date deadline without notice.
SECTION 8 – RECURRING BILLING AND AUTO-RENEWALS
On our products, we may offer the ability to purchase that product on an auto-replacing basis. This may consist of an initial period, where there is a one-time charge, followed by a recurring period of charges as agreed by you. We will provide you with multiple options for you to decide how regularly you would like to receive any of the auto-replacing products. By choosing to order an auto-replacing product, you acknowledge that this Service will have an initial charge followed by a recurring payment feature and that you accept full responsibility for all recurring charges. We may submit charges (i.e. weekly, monthly), without further authorization from you, until you provide prior notice (receipt of which is confirmed by you and us) that you have terminated this authorization or wish to change your payment. Any such notice from you will not affect charges submitted before we reasonably could act. By reasonably, we mean a 2-business day turnover (48 hours) from the moment your notice was received. To terminate or change your authorization, please contact us. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Unless you opt-out of auto-renewal, which can be done through your Account Settings after one charge run (excluding the initial charge) or by contacting us, any subscriptions services such as auto-replacing products that you have signed up for will be automatically renewed and extended for the period of the same duration as the subscription term you originally selected, at the same rate that you selected at the time you originally signed up. You may change or discontinue your subscription services at any time through your Account Settings after one charge run (excluding the initial charge) or by contacting us. If you terminate and discontinue a subscription service, your subscription is valid until the original end date of that subscription. Your subscription will not be renewed after your current subscription expires. All subscription fees are fully earned upon original payment. We reserve the right to deny refunds or exchanges on purchases of products on an auto-replacing basis if we suspect fraud, abuse, or purchases we deem to be made with malicious intent (i.e. purchasing a product on an auto-replacing basis to receive the discount, only to cancel before the second charge run). Discount codes, gift cards, or any type of store credit will not apply to products on an auto-replacing basis.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. It is up to you to recognize which of the tools we provide to you are third-party and which are not. 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site 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 and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service 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 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 review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We are not liable for any failure to carry out our obligations listed in our Terms of Use if such failure results from any cause that is beyond our reasonable control, including but not limited to mechanical, electronic, communications failure, degradation, or acts of God.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. We may also remove any content with or without notice at our sole discretion. You agree that your comments will not violate any right 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 Service 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 12 - PERSONAL INFORMATION
Your submission of personal information through our site is governed by our Privacy Policy.
SECTION 13 - 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, transit times, availability or any other information. 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 undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, 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 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 will affect the functionality or operation of the Service 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 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 for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant 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 notice to you. You expressly agree that your use, or inability to use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service 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 SUKU Vitamins, 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 of 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 Service or any products procured using the 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 via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SUKU Vitamins and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, distributors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You agree to indemnify, defend and hold harmless SUKU Vitamins and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, distributors, interns and employees as a result of your access to or use of our site, your violation of any laws, regulations, codes, statutes, or governmental orders including administrative, regulatory, and legislative authorities, and any misrepresentation made by you. You are responsible to ANY loss of damage we suffer as a result of your breach of our Terms of Use.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - 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 Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also 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; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
Any and all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, and court hearings will only take place exclusively in Vancouver, B.C., Canada or Toronto, ON Canada. These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada, of the Province of British Columbia, and/or the Province of Ontario.
SECTION 21 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website at any time without notice. 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 Use constitutes acceptance of those changes.
SECTION 22 – RESTRICTIONS
This site and any apps may be accessed and used only by individuals who can form legally bonding contracts under applicable laws. This site, its content, and any apps are the sole property of SUKU Vitamins and/or its licensors and are protected by patent, copyright, trademark, and any other intellectual property laws. This site, its content, and any apps may not be used without prior written consent from SUKU Vitamins must be obtained. Additionally, no part of this site, its content, or apps may be copied, reproduced, republished, edited, defaced, uploaded, posted, displayed, translated, encoded, or distributed in any way to anything else for commercial purposes without SUKU Vitamins’ express prior written consent.
All trademarks, trade names, logos, labels, pictures, product names, copyright, service marks, page headers, custom graphics, button icons, scripts, and product descriptions, whether registered or unregistered, that appear on our site and apps are proprietary to SUKU Vitamins. You may not display, copy, or reproduce them in any way.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at hello@sukuvitamins.com.
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