Terms of Service
Millyani’s Terms of Service
By using or visiting our website and ordering any of our products you agree to be bound by all of the following terms and conditions:
TERMS OF SERVICE
- This website is operated by Millyani.com “Millyani”. Throughout the site, the terms “we”, “us” and “our” refer to Millyani. Millyani offers this website, including all its information, online tools, products and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here in this agreement.
- By visiting our site and/ or purchasing any of our products, you engage with our services and products and agree to be bound by all the terms and conditions of this agreement (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Our Terms of Service applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read our Terms of Service carefully before accessing or using our website. By accessing or using any part of our site, you agree to be bound by our Terms of Service. If you do not agree to all of our Terms of Service, then you may not access our website and use any of our services, information, tools or products.
- Any new features, information, products or tools which are added to our current website shall also be subject to the Terms of Service. You can review the most current version of our Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website in any way, following the posting of any changes constitutes acceptance of those changes.
- Our online 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 our Terms of Service, you represent 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.
- You may not use our products or website for any illegal, prohibited or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of our Terms of Service will result in an immediate termination of your ability to use our site, information, tools or products.
SECTION 2 - GENERAL CONDITIONS
- We reserve the right to refuse service or selling of products to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions 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.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available to you on this site is not accurate, complete or current. Any reliance on the materials, tools and information provided on this site is at your own risk.
- This site may contain various historical information. Historical information is not current and is provided for your reference alone.
- We reserve the right to modify the contents of and products offered on this site at any time, without any notice to you. However, we are under no obligation to update, correct or change any information, tools, services or products on our site.
- You agree that it is your responsibility to monitor any changes to our site.
SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES
- Prices for our products are subject to change without any notice to you.
- We reserve the right to modify or discontinue our site, information, services or products (or any part or content thereof) without any notice to you, at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our site, information, services, tools and products.
SECTION 5 - PRODUCTS AND SERVICES
- Our products or services may have limited quantities and are subject to return or exchange only according to our Shipping, Returns and Refunds Policy (please see this policy posted on our site). By using this site in anyway and/or ordering any of our products, you agree to be bound by our Terms of Service as well as Shipping, Returns and Refunds Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that the display of any color or image on our site will be completely accurate or meet your expectations.
- We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- All descriptions of products or product pricing are subject to change at anytime without any notice to you, at the sole discretion of Millyani.
- 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 by Millyani.
- We do not warrant the quality and accuracy of any of our products, services, information, or other materials purchased or obtained by you from our site. We do not guarantee that our products, services, information or any other materials purchased or obtained by you from our site will meet your expectations.
- We are not liable for any quality issues or any other type of issues that might arise from the use, possession, misuse or purchase of the products sold on this website. You purchase and rely on the products sold on this site at your own sole risk and discretion.
- We are not the manufacturers of the products sold on this site and as such if any issues arise out of the use, possession, misuse or purchase of the products sold on our website, you may directly contact the manufacturers and producers of the products you have purchased in order to solve those issues.
- In the event that Millyani is unable to deliver to you a product you have ordered, due to lack of availability or any other issues, we will notify you via email and your order will be automatically cancelled with respect to such product.
- You are responsible for any additional regional and jurisdictional taxes or tariffs on your ordered product(s). Millyani is not responsible for any regional and jurisdictional taxes and tariffs in relation to your purchased product(s).
- Our website and its contents are not to be construed as an offer to sell any product or service. The merchandise shown on our site constitutes as invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by Millyani only if and when we send you a shipping notification.
- We reserve the right to deny and cancel any order for any reason (i.e. incorrect billing or shipping information provided by a purchaser, fraudulent information provided by a purchaser, product unavailability, shipping issues, and etc.).
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Millyani reserves the right, at its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card or PayPal account are charged. In the event that your order is cancelled after your payment has been processed, Millyani will issue a full refund.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
- You agree to provide current, complete and accurate purchase and account information for all purchases made using our site. 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.
SECTION 7 - OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- 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 (i.e. PayPal or Shopify and etc.).
- Any use by you of optional tools offered through this 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 providers.
- We may also, in the future, offer new services and/or features through our website (including, the release of new third-party tools, products and resources). Such new features and services shall also be subject to our Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
- Certain content, products and services available via our site 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, cost, injury or damages related to the purchase or use of goods, services, resources, tools, 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 and services should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send us certain specific submissions (i.e. contest entries) or without a request from us you provide us with creative ideas, suggestions, proposals, plans, comments 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.
- 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 our 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 related 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.
- We may, but have no obligation to, monitor, edit or remove any 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 Service.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on our site or cancel orders if any information on the site or on any related website is inaccurate at any time without prior notice to you (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information available on our site or on any related website, including without limitation, pricing information, except as required by law.
- No specified update or refresh date applied to our site and its features or on any related website, should be taken to indicate that all information and materials on our site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
- In addition to other prohibitions as set forth in our Terms of Service and other policies posted on our site, you are prohibited from using our site or any of its content and products: (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. use of our logos or other IP material is strictly prohibited); (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 our site 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 our site and its features or any related website, other websites, or the Internet.
- We reserve the right to terminate your use of our site (or any related website) and cancel your order(s) for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the site or our products will be accurate, reliable or to your satisfaction.
- You agree that from time to time we may remove products or other features of our site for indefinite periods of time or cancel the site altogether at any time, without notice to you.
- You expressly agree that your use or misuse of our site, tools, services, information and products is at your sole risk.
- The information, tools, services and products provided and delivered to you through this site and its affiliated websites 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 Millyani, 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 or misuse of any of our services, information, site, tools or products procured using our site, or for any other claim related in any way to your use of our site, 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 or misuse of or reliance on our site, services, information, tools or products posted, transmitted, sold or otherwise made available via our site.
- Millyani nor any of its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall assume no responsibility and shall not be liable to you for any damages or losses resulting from viruses, data corruption or failed messages, that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing of our site or your downloading of any information or materials from our site.
- In the event of any problem with this site, its contents, tools and products, you agree that your sole remedy is to cease using our site. In the event of any problem with the products purchased through this site, you agree that your sole remedy, if any, is to seek a return and refund for such product, in accordance with the Shipping, Returns and Refunds Policy posted on this site. You further agree to defend, indemnify, and hold Millyani and its affiliates and subsidiaries harmless from any and all liabilities, costs, expenses and attorneys’ fees, arising from your use or misuse of the site.
- Due to the fact that 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 minimum extent permitted by law.
SECTION 14 - INDEMNIFICATION
- By using this site in anyway, you hereby agree to indemnify, defend and hold Millyani harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, commercially reasonable attorneys’ fees) incurred by Millyani in connection with any claim arising out of, based upon or resulting from your use or misuse of our site and its affiliate websites.
- For the purposes of this section, Millyani shall include Millyani’s directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third party suppliers.
SECTION 15 - SEVERABILITY
- In the event that any provision of our Terms of Service 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 the rest of our Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions of our Terms of Service..
SECTION 16 - TERMINATION
- Our Terms of Service is effective unless and until terminated by either you or us. You may terminate the Terms of Service at any time by sending us a formal written notice and by completely ceasing to use our site, its products and services.
SECTION 17 - ENTIRE AGREEMENT
- Millyani’s failure to enforce any provision of the Terms of Service or to respond to a breach or default by you or any third party, shall not in any way waive Millyani’s right to subsequently enforce any of its Terms of Service and its provisions contained herein or to act with respect to similar breaches or defaults.
- Our Terms of Service and any policies or operating rules posted by us on this site or in respect to the site and its products constitutes the entire agreement and understanding between you and us and govern your use of this site and its products, 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 our Terms of Service).
SECTION 18 - GOVERNING LAW
- The Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the province of British Columbia and Canada, applicable therein without reference to principles of conflict of laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
- You can review the most current version of our Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of our Terms of Service by posting updates and changes to this It is your responsibility to check our website periodically for changes.
- Your continued use of or access to our website and ordering of products following the posting of any changes to our Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org