Terms and conditions
This website is operated by Upika. Throughout the site, the terms “we”, “us” and “our” refer to Upika. Upika offers this website, including all
the information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions and policies
and the opinions indicated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions and
terms (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available from
Hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
or use services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most recent
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
SECTION 1 – ONLINE STORE CONDITIONS
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, or that
you have reached 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 for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your country.
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
ARTICLE 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 (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 when transferred 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 our express written permission.
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 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 the primary, more
more precise, more complete or more current 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 is necessarily not current and is provided for your reference only. We reserve the right to change the content 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 – CHANGES TO THE SERVICE AND PRICES
Prices of our products are subject to change without notice.
Prices of 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 will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 in accordance with our Return Policy. To view our returns policy, please visit [LINK TO RETURN POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We can not
ensure that your computer monitor's display of any color will be accurate. 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 products or services we offer. All
Product descriptions or product prices are subject to change at any time without notice, at our sole discretion. 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.
expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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, credit card and/or
orders that use the same billing and/or delivery address. In the event that we make a change to or cancel an order, we may attempt to notify
by contacting the e-mail and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by resellers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You accept
promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can
can complete your transactions and contact you as needed.
For more details, please see our returns policy.
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 approval. We shall have no liability whatsoever arising from or relating to your use of optional options.
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
know and approve the conditions under which the 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 through 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 have no liability for any third party materials or
websites, or for any other third party materials, products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions.
carried out in connection with third party websites. Please review the third party's policies and practices carefully and ensure that you
understand them before committing to a transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g. competition entries) or if, without our request, you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree
that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments which
you send us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) 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, to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or otherwise.
personal or property rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material.
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 all comments you make and their accuracy. We take no responsibility and assume no liability for
any comments posted by you or a third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - 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 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, unless required by law. No specified update or refresh date applied in the Service or on any related website should be applied.
is deemed to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
(a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or intellectual property rights
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender
orientation, religion, ethnicity, race, age, national origin or disability; (f) 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
the operation of the Service or 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 lewd or immoral purposes; 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.
ARTICLE 13 – EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that any 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 or cancel the service at any time, without notice.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all.
by informing us that you no longer wish to use our Services, or when you stop using our site.
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 may accordingly deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements
agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of
conditions of service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with
with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You expressly 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 (unless expressly stated by us) provided “as is” and “as available” for your use, without any representation,
warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantability
quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances will Upika, 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 loss of profits, loss of revenue, loss of 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 Services or any products purchased using the Service, or
for any other claim relating 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 use of the Service or any content (or product) posted, transmitted or
otherwise made available through the Service, even if informed of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such cases
states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless Upika and our parent company, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including
incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – 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 herefrom.