Service Agreement
This website is managed and maintained by Kaleya Studio. Throughout this document, "we," "us," and "our" refer to Kaleya Studio. By accessing or using this website, including browsing its content or purchasing products, you are engaging with our "Service" and thereby agreeing to adhere to the following conditions and guidelines ("Service Agreement," "Agreement"), as well as any additional terms, conditions, and policies referenced herein or accessible via hyperlink.
This Service Agreement applies to all individuals who interact with our site, regardless of whether they are casual visitors, vendors, customers, merchants, or contributors of content. We urge you to carefully review this Service Agreement prior to using our website or services. By accessing any portion of our site, you acknowledge and consent to be bound by this Service Agreement. Should you disagree with any provisions outlined in this agreement, we respectfully ask that you refrain from using our website or services. If this Service Agreement is considered an offer, acceptance is explicitly limited to the terms herein.
Any enhancements or additional features implemented on our platform will also be governed by this Service Agreement. The most current version of this Service Agreement is always available for review on this page. We retain the right to update, revise, or substitute any part of this Service Agreement by posting such changes to our website. It is your responsibility to periodically check for updates. Continued usage of or access to our website following the publication of any modifications constitutes acceptance of those changes.
Our online store utilizes the Shopify Inc. platform. This third-party provider delivers the e-commerce infrastructure that enables us to offer our products and services to you.
Contents Overview
- Article 1 - Website Usage Terms
- Article 2 - General Provisions
- Article 3 - Information Accuracy and Timeliness
- Article 4 - Service and Price Adjustments
- Article 5 - Products and Offerings
- Article 6 - Billing Accuracy and Account Details
- Article 7 - Additional Tools
- Article 8 - External Website Links
- Article 9 - User Submissions and Feedback
- Article 10 - Data Privacy
- Article 11 - Content Errors and Inaccuracies
- Article 12 - Forbidden Activities
- Article 13 - Warranty Disclaimers and Liability Limitations
- Article 14 - User Indemnification
- Article 15 - Clause Severability
- Article 16 - Agreement Termination
- Article 17 - Complete Understanding
- Article 18 - Applicable Law
- Article 19 - Agreement Modifications
- Article 20 - Contact Details
ARTICLE 1 - WEBSITE USAGE TERMS
By accepting this Service Agreement, you confirm that you have reached the legal age of majority in your state or province of residence, or that you have attained the legal age of majority in your jurisdiction and have granted permission for any minor dependents under your care to utilize this website.
You are prohibited from using our products for any unlawful or unauthorized purposes. Additionally, when utilizing our Service, you must comply with all applicable laws in your jurisdiction, including but not limited to copyright regulations.
The transmission of any malicious software, viruses, or destructive code is strictly forbidden.
Any violation or breach of these terms will result in the immediate cessation of your access to our Services.
ARTICLE 2 - GENERAL PROVISIONS
We maintain the discretion to deny service to any individual for any justifiable reason at our sole discretion.
You acknowledge that your content (excluding sensitive payment information) may be transmitted unencrypted and could involve (a) transfers across various networks and (b) modifications to conform with technical specifications of connected networks or devices. Rest assured that payment card information is always encrypted during network transmission.
You agree not to duplicate, replicate, copy, market, resell or exploit any component of the Service, use of the Service, or access to the Service or any contact information displayed on the website through which the service is provided, without obtaining explicit written authorization from us.
The headings included in this agreement serve only for convenience and will not restrict or otherwise influence these Terms.
ARTICLE 3 - INFORMATION ACCURACY AND TIMELINESS
We cannot be held responsible if information presented on this website is not precise, comprehensive, or current. The material provided on this site is intended for general informational purposes only and should not be relied upon as the exclusive basis for decision-making without consulting more authoritative, accurate, complete, or timely sources of information. Any reliance on the material presented on this site is at your own discretion and risk.
This website may contain certain historical data. Historical information, by its nature, is not current and is provided solely for your reference. We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information presented. You acknowledge and agree that monitoring changes to our website is your responsibility.
ARTICLE 4 - SERVICE AND PRICE ADJUSTMENTS
The pricing of our products is subject to modification without prior notification.
We retain the right to alter or discontinue the Service (or any aspect or content thereof) at any point without advance notice.
We shall not bear responsibility to you or any third party for any adjustments, price changes, suspension, or discontinuation of the Service.
ARTICLE 5 - PRODUCTS AND OFFERINGS
Select products or services may be available exclusively through our online platform. These items may be offered in limited quantities and are eligible for return or exchange only in accordance with our Return Policy guidelines.
We have made every reasonable effort to accurately display the colors and images of our products as they appear in our store. However, we cannot guarantee that your computer monitor's display of any color will be perfectly accurate.
We retain the right, though we are not obligated, to restrict the sales of our products or Services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis at our discretion. We also reserve the right to limit the quantities of any products or services we offer. Product descriptions and pricing are subject to change at any time without notice, based solely on our judgment. We may discontinue any product at any time. Any offer for any product or service made through this website is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be rectified.
ARTICLE 6 - BILLING ACCURACY AND ACCOUNT DETAILS
We maintain the right to decline any order you place with us. At our sole discretion, we may impose limitations or cancellations on quantities purchased per individual, household, or order. These restrictions may encompass orders placed by or under the same customer account, the same payment method, and/or orders using identical billing and/or shipping addresses. Should we need to modify or cancel an order, we may attempt to notify you using the contact information provided at the time of purchase. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to originate from dealers, resellers, or distributors.
You commit to providing current, complete, and accurate purchase and account information for all transactions completed through our store. You further agree to promptly update your account and other details, including email address, credit card numbers, and expiration dates, enabling us to process your transactions and contact you as necessary.
Shipping and Delivery Procedures: You bear responsibility for supplying accurate shipping information. If a package is delivered to the address you provided but is incorrect, lost, or undeliverable due to an error in your address submission, Kaleya Studio cannot be held liable for replacement or refund. In situations where a package is returned to us because of an incorrect address, additional shipping fees may be charged for redelivery. We strongly advise verifying your shipping details thoroughly before finalizing your purchase.
For additional information, please consult our Returns Policy.
ARTICLE 7 - ADDITIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control.
You acknowledge and agree that access to such tools is provided "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement from us. We shall bear no liability whatsoever arising from or related to your use of optional third-party tools.
Any utilization of optional tools offered through our site is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms under which these tools are provided by the relevant third-party provider(s).
In the future, we may also introduce new services and/or features through our website (including the release of new tools and resources). Such new features and/or services shall also be subject to this Service Agreement.
ARTICLE 8 - EXTERNAL WEBSITE LINKS
Certain content, products, and services accessible via our Service may include materials from third parties.
External links on this website 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 these external sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, 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 conducted in connection with any third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or inquiries regarding third-party products should be directed to the third party.
ARTICLE 9 - USER SUBMISSIONS AND FEEDBACK
If, upon our request, you submit specific content (such as contest entries), or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as 'comments'), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you provide to us. We are and shall remain under no obligation to (1) maintain the confidentiality of any comments; (2) provide compensation for any comments; or (3) 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, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or this Service Agreement.
You warrant that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further affirm that your comments will not contain libelous, unlawful, abusive, or obscene material, or include any computer virus or malware that could potentially affect the operation of the Service or any associated website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
ARTICLE 10 - DATA PRIVACY
The submission of your personal information through our store is governed by our Privacy Policy. To review our Privacy Policy, please visit our website.
ARTICLE 11 - CONTENT ERRORS AND INACCURACIES
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under 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 interpreted to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - FORBIDDEN ACTIVITIES
In addition to other prohibitions outlined in this Service Agreement, you are expressly forbidden from using the site or its content for: (a) any unlawful purpose; (b) soliciting others to perform or participate in unlawful activities; (c) violating any international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that will or may impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) collecting or tracking personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited activities.
ARTICLE 13 - WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
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 obtainable from using our service will be accurate or dependable.
You acknowledge that we may occasionally suspend the service for indefinite periods or discontinue the service entirely, without prior notification.
You explicitly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representations, 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.
Under no circumstances shall Kaleya Studio, 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 but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, resulting from your use of any part of the service or products acquired using the service, or from any other claim related to your use of the service or any product. This includes, without limitation, any errors or omissions in content, or any loss or damage incurred as a result of using the service or any content posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because certain states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 - USER INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kaleya Studio and our parent companies, 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 from your breach of this Service Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - CLAUSE SEVERABILITY
In the event that any provision of this Service Agreement 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 separated from this Service Agreement. Such determination shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - AGREEMENT TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
This Service Agreement remains effective until terminated by either you or us. You may terminate this Service Agreement at any time by notifying us of your desire to cease using our Services, or by discontinuing use of our website.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of this Service Agreement, we may also terminate this agreement at any time without notice. In such case, you will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services (or any portion thereof).
ARTICLE 17 - COMPLETE UNDERSTANDING
Our failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision.
This Service Agreement and any policies or operating rules published by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Service Agreement).
Any ambiguities in the interpretation of this Service Agreement shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
This Service Agreement and any separate arrangements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of the United Kingdom.
ARTICLE 19 - AGREEMENT MODIFICATIONS
You can examine the most current version of the Service Agreement at any time on this page.
We reserve the right, at our sole discretion, to update, revise, or replace any portion of this Service Agreement by publishing updates and modifications on our website. It is your responsibility to periodically review our website for changes. Your continued use of or access to our website or the Service following the posting of any amendments to this Service Agreement constitutes acceptance of those amendments.
ARTICLE 20 - CONTACT DETAILS
Questions or inquiries regarding this Service Agreement should be directed to us via email at info@kaleyastudio.com.