Terms of service
OVERVIEW
Welcome to Kept Aside! The terms "we", "us" and "our" refer to Kept Aside. Kept Aside operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Kept Aside is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access 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 store 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 is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products 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 products that 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. Kept Aside reserves the right to accept or decline your order for any reason at its discretion.
Your order is not accepted until Kept Aside confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Kept Aside may be unable to accommodate cancellation requests after an order is accepted.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address or other contact information provided at the time the order was placed.
Your purchases are subject to return or exchange in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES 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 shown in your order confirmation.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online store may differ from prices offered by third parties.
We may offer promotions from time to time that may affect pricing and may be governed by separate terms and conditions.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.
You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that charges incurred by you will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, holidays or other events outside our reasonable control.
Once an order has been shipped, tracking information will be provided when available.
Please review our Shipping Policy for additional information regarding shipping and delivery.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, branding, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Kept Aside, its affiliates or licensors and are protected by applicable intellectual property 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 material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property right of Kept Aside, Shopify or any third party.
Kept Aside's names, logos, product and service names, designs and slogans are trademarks of Kept Aside or its affiliates or licensors.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.
All other names, logos, product names and trademarks displayed on the Services remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.
We may also offer new features through the Services in the future. Such features will also be deemed part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.
If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content available through them.
Please review the third party's policies and practices before engaging in any transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Kept Aside is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Kept Aside.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Kept Aside, including any injury, damage or loss resulting from purchased products and services.
You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with Kept Aside.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and other service providers as necessary to operate the Services.
Please review our Privacy Policy for more information about how personal information is collected, used and shared.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose.
You represent and warrant that you own or have all necessary rights to the Feedback you provide and that your Feedback does not violate the rights of any third party.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.
We may monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates another party's rights or these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate any applicable law or regulation, infringe intellectual property rights, transmit false or misleading information, distribute malicious code, engage in fraudulent activity, impersonate another person or entity, interfere with the operation or security of the Services, collect personal information without authorization or engage in conduct that may harm Kept Aside, Shopify or users of the Services.
We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use, allow, enable or cause the deployment of an automated or semi-automated software agent to access, use or interact with the Services.
Any such agent must accurately identify itself and must not conceal or misrepresent the automated nature of its activity.
Agents must not circumvent CAPTCHAs, access controls or other measures intended to block, limit, modify or control automated access to the Services.
We may limit, including through technical measures, whether and how automated agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law.
You will remain liable for amounts due up to and including the date of termination.
Sections that by their nature should survive termination will continue to apply following termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes.
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions limit or do not allow certain warranty disclaimers, so some of the above limitations may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Kept Aside and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kept Aside, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from your breach of these Terms, your violation of applicable law or your violation of the rights of a third party.
We may control the defense and settlement of an indemnifiable claim where permitted by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us regarding your use of the Services.
Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services shall be governed and construed in accordance with the laws applicable in the jurisdiction where Kept Aside is headquartered.
You and Kept Aside consent to the jurisdiction of the applicable courts, subject to any mandatory consumer rights that apply to you.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.
Where required by applicable law, we will notify you of material changes.
Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
hello@keptaside.com
For customer support, order inquiries, returns, refunds or other questions, please contact:
hello@keptaside.com