Terms of service

Terms of Service
OVERVIEW
Welcome to ByAurore! The terms "we", "us", and "our" refer to ByAurore. ByAurore
operates this store and this website, including all information, tools, content, features,
products, and related services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies, and notices stated here (the "Services").
ByAurore is a store powered by Shopify, which allows us to provide the Services to you.
The Terms of Service below, along with any related policies (the "Terms of Service" or
"Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about
your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting our site, interacting with, or using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of
Service or the Privacy Policy, you may not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
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 have given us your consent to allow any of
your minor dependents to use the Services on devices you own, purchase, or manage. To use
the Services, including accessing or browsing our online stores, or purchasing any of the
products or services we offer, you may be asked to provide certain information, such as your
email address, billing, payment, and shipping information. You represent and warrant that all
information you provide in our stores is accurate, current, and complete, and that you have all
necessary rights to provide this information. You are solely responsible for maintaining the
security of your account credentials and for all activities that occur under your account. You
may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our
products and services that appear in our online stores. However, please note that colors or
appearances may vary depending on the device you use to access the store, its settings, and its
configuration. We do not warrant that the quality or appearance of any products or services
you purchase will meet your expectations, or that they will be exactly as described or
rendered in our online stores. All product descriptions are subject to change at any time
without notice, at our sole discretion. We reserve the right to discontinue any product at any
time and may limit the quantities of any product we offer to any person, geographic region, or
jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. ByAurore reserves the right to
accept or decline your order for any reason, at its sole discretion. Your order is not accepted
until ByAurore confirms its acceptance. We must receive and process your payment before
your order is accepted. Please review your order carefully before submitting it, as ByAurore
may not be able to accommodate cancellation requests once an order has been accepted. In the
event that we do not accept, change, or cancel an order, we may attempt to notify you by
contacting the email, billing address, and/or phone number provided at the time the order was
made. Your purchases may only be returned or exchanged in accordance with our Refund
Policy [LINK]. You represent and warrant that your purchases are for personal or household
use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for
a product or service will be the price in effect at the time the order is placed and will be stated
in your order confirmation email. Unless otherwise indicated, displayed prices do not include
taxes, shipping and handling charges, or customs/import duties. Prices displayed in our online
stores may differ from prices offered in physical stores or other online platforms operated by
third parties. We may, from time to time, offer promotions on the Services that may affect
pricing and are governed by terms and conditions separate from these Terms. In the event of a
conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, 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 represent
and warrant that (i) the credit card information you supply is true, correct, and complete, (ii)
you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you
will be honored by your credit card company, and (iv) you will pay charges incurred by you at
the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and
are not guaranteed. We are not liable for delays caused by freight carriers, customs
processing, or events beyond our control. Once we transfer the products to the carrier, the title
and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images,
graphics, product reviews, video, and audio, and the design, selection, and arrangement
thereof, are owned by ByAurore, its affiliates, or its licensors and are protected by US and
international copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws. These Terms permit you to use the Services for your personal, non-
commercial use only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any of the material
on our Services without our prior written consent. Except as expressly provided herein,
nothing in these Terms grants or should be construed as granting any license or other rights to
you under any patent, trademark, copyright, or other intellectual property of ByAurore,
Shopify, or any third party. Unauthorized use of the Services may violate federal and state
intellectual property laws. All rights not expressly granted herein are reserved by ByAurore.
The ByAurore name, logo, product and service names, designs, and slogans are trademarks of
ByAurore or its affiliates or licensors. You must not use such marks without the prior written
permission of ByAurore. Shopify's name, logo, product and service names, designs, and
slogans are trademarks of Shopify. All other names, logos, product and service names,
designs, and slogans on the Services are the trademarks of their respective owners.
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. 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 Service.
SECTION 8 – 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,
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.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ByAurore is powered by Shopify, which allows us to provide the Services to you. However,
sales and purchases made in our Store are made directly with ByAurore. By using the
Services, you acknowledge and agree that Shopify is not responsible for any aspect of the
sales between you and ByAurore, including any harm, damage, or loss resulting from the
products and services purchased. You hereby expressly release Shopify and its affiliates from
any claims, damages, and liabilities arising out of or relating to your purchases and
transactions with ByAurore.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy,
which can be viewed here [LINK], and certain personal information may be subject to
Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge
that you have read these privacy policies. Since the Services are hosted by Shopify, Shopify
collects and processes personal information regarding your access to and use of the services in
order to provide and improve the Services. The information you submit to the Services will be
transmitted and shared with Shopify, as well as with third parties who may be located in
countries other than your country of residence, to provide services to you. See our Privacy
Policy [LINK] for more details on how we, Shopify, and our partners use your personal
information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback,
reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a
perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify,
publish, distribute, and display such Feedback in any medium and for any purpose, including
commercial purposes. We may, for example, use the rights granted by this license to operate,
provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our
obligations and exercise our rights under the Terms of Service. You also represent and
warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed
any compensation or incentives received in connection with your submission of Feedback;
and (iii) your Feedback will comply with these Terms. We are and shall be under no
obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any
Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor,
edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or
violates any party's intellectual property or these Terms of Service. You agree that your
Feedback 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
Feedback 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 email address, pretend to be someone
other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.
You are solely responsible for any Feedback you make and its accuracy. We take no
responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – 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, 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).
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the 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 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 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our
sole discretion, at any time and without notice, and you will remain liable for all amounts due
up to and including the date of termination. The following sections will survive any
termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement,
Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should
survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials by
you or any other visitor to the Services, or by anyone who may be informed of any of its
contents. EXCEPT AS EXPRESSLY PROVIDED BY BYAURORE, THE SERVICES AND
ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT
GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
BYAURORE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR
THOSE OF SHOPIFY AND ITS AFFILIATES, 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.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ByAurore, Shopify, and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to or arising out of
(1) your breach of these Terms of Service or the documents they incorporate by reference, (2)
your violation of any law or the rights of a third party, or (3) your access to and use of the
Services. We will notify you of any indemnifiable claim, provided that a failure to promptly
notify you will not relieve you of your obligations unless you suffer material prejudice. We
may control the defense and settlement of such claim at your expense, including the choice of
counsel, but we will not settle any claim requiring non-monetary obligations on your part
without your consent (which shall not be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these 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 these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these 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 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 Service). Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations
under these Terms without our prior written consent, and any such attempt will be null and
void. We may transfer, assign, or delegate these Terms and our rights and obligations without
consent or notification to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall
be governed by and construed in accordance with the federal, state, or territorial courts in the
jurisdiction where ByAurore is headquartered. You and ByAurore consent to the venue and
personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We
reserve the right, at our sole 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. We will notify you of any material changes to these
Terms in accordance with applicable law, and such changes will become effective on the date
specified in the notice. 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 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@byaurore.com. Our
contact information is posted below: ByAurore contact@byaurore.com