Terms of Use

This website is operated by ESKUTE. The terms “we”, “us, and “our” associated from this website refers to ESKUTE and ESKUTE’s team. ESKUTE permits this website, including all information, tools and services available on this website, to you, the user, on the condition that you accept all terms, conditions, policies and notices contained herein. When purchasing or browsing our website, you are permitting and accepting our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”) including additional terms, conditions and policies referenced and/or hyperlinked to this website. These Terms of Use is applicable to all users of the Website managed under ESKUTE, including but not limited to users whoa re browsers, providers, customers, merchants and/or contributors of Content.

Please read these Terms of Use carefully before accessing or using our website. If any of the Terms of Use is disagreeable with you, you may not access the website or any of our services.

Any new additions of features and tools are also subjected to these Terms of Use. The latest Terms of Use can be viewed on this page and we reserved the rights to update, modify or replace the full/parts of Terms of Service by publishing updates and/or changes to our website. The sole responsibility is given to you to regularly check this page for changes. The continued use of access or service will be deemed as an acceptance to any of our changes on this website.

Our store is hosted on Shopify Inc. Shopify provides us the Online e-commerce platform that enables us to sell our products and services to you.

Section 1 - Online Shop Conditions

By agreeing to these Terms of Use, you confirm that you are of legal age or over the age of majority in your country and state and that you authorise underage family members to use this Site.

Our products may not be used for illegal or unauthorised purposes. Furthermore, you must not at any time violate any laws in your country (including, but not limited to, copyright laws) by using our services.

You may not transmit computer worms or viruses or any other harmful code.

Any violation of these provisions will result in termination of the business relationship entered into.

Section 2 - General conditions

We reserve the right to deny users the right to use our service at any time without giving reasons. You agree that your information (excluding credit card information) may be transmitted unencrypted over (a) multiple networks and (b) may be modified from time to time to reflect technical conditions of each network or device. Credit card information remains encrypted at all times.

You agree not to reproduce, copy, sell or abuse the services offered, even in part, at any time. Furthermore, you agree not to disclose the contacts on the website through which you use the service at any time without our express written permission.

Headings in this Agreement are for convenience of reference only and in no way affect or restrict the terms and conditions.

Section 3 - Accuracy, completeness and timeliness of information

We accept no responsibility for inaccurate, incomplete or outdated information on this website. The information on this website is for general information purposes only and does not at any time constitute a binding, exclusive basis for decision making by users. The user is responsible for obtaining comprehensive information from all available sources so that he/she has the correct,

up-to-date information. You assume the full risk if you rely solely on the information available here. This website may contain historical information.

Historical information is inherently not current and is provided for reference purposes only. We reserve the right to change the contents of our website at any time, but are not obliged to update all information on our website continuously. You agree to check our website independently for changes.

Section 4 - Changes in Services and Prices

The prices of our products can be changed at any time without prior notice. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without prior notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of our services.

Section 5 - Products or services (if applicable)

Certain products or services may only be available online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.

We make every effort to ensure that colours and images of our products are as close as possible to the original. However, we cannot guarantee that your computer screen will accurately reproduce the images and colours.

We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the number of products or services we offer. All descriptions of products 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 a product or service on this website is void where prohibited.

We do not warrant that the quality of the products, services, information or other materials offered will meet your expectations and any errors will necessarily be corrected.

Section 6 - Accuracy of billing and account information

We reserve the right to reject any order placed. We may at any time, at our sole discretion, limit or reject the quantity ordered per person, per household or per order. These limitations may apply to orders placed under the same customer account, credit card, billing and/or shipping address. In the event that we reject or modify an order, we will attempt to contact you by email or at the billing address or phone number you provided when you placed your order. We reserve the right to limit or reject orders placed, at our discretion, by dealers, resellers or distributors.

You are required to provide accurate, current and complete purchase and account information for each purchase in our store. You agree to keep your account and other information, including your email address and credit card numbers and expiration dates, current at all times so that we can complete your transactions and contact you when necessary.

Please see our returns policy for more information.

Section 7 - Optional Tools

We may provide you with access to third party tools that we cannot monitor, control, or make input through.

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 assistance. We assume no liability whatsoever for or in connection with your use of optional third party tools.

You use these tools at your own risk and responsibility and should therefore ensure that you are familiar with and agree to the terms and conditions of use of the relevant third party tools.

We may also offer new services or features through our website in the future (including new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

Section 8 - Third Party Links

Certain content, products and services available through our services may contain third party materials. Third-party links on our website may redirect you to third-party websites that are not affiliated with us. We are therefore not responsible for verifying the accuracy of the content contained therein and we assume no responsibility or liability for such third party materials and websites, or for any other third party materials, products or services.

We shall not be liable for any damage or loss caused by the purchase or use of such goods, services, resources, content or other transactions with third parties. Please familiarize yourself with the terms, policies and practices of these third party providers before entering into any transactions with them. Any complaints, claims, concerns or questions regarding Third Party Products should always be directed to the Third Party Provider.

Section 9 - User comments, feedback and other communications

If, at our request, you submit certain submissions (e.g., contest entries) or without a request from us, send creative ideas, suggestions, proposals, plans or other materials, whether online, by e- mail, by post or otherwise (collectively, "Comments"), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any Comments you submit to us in any medium. We are not and are not obligated to (1) keep any Comments confidential; (2)

pay compensation for Comments; or (3) respond to Comments.

We may, but are not obligated to, make Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate or control Content of any party.

It is your responsibility to ensure that your comments do not violate any rights of others, including copyright, trademark, privacy, personal or other personal or proprietary rights. You further agree that your comments will not contain any offensive or otherwise unlawful material (including abusive or obscene content) or any computer viruses or other malware that may interfere with the operation of our and any affiliated websites or services. The use of false email addresses is prohibited, as is the falsehood of pretending to be someone else in order to disguise your identity and the origin of your comments to us or to other third parties. You are solely responsible for your comments and their accuracy. We take no responsibility for comments posted by you or others.

Section 10 - Personal Information

Your transmission of personal data by the store is subject to our privacy policy. For further details, please see our Privacy Policy.

Section 11 - Errors, inaccuracies and omissions

From time to time, our website or the Service may contain information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, 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 on the Service or any related website is incorrect at any time without prior notice (including after you place your order).

We make no commitment to update, change or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or revision date applied in the Service or on a related website should be taken as an indication that any information in the Service or on a related website has been changed or updated.

Section 12 - Prohibited uses

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the

Site or any Content:

(a) for any unlawful purpose;

(b) to solicit others to engage in or participate in unlawful activities;

(c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) violate or infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, violate, defame, libel, slander, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(f) to transmit false or misleading information;

(g) to upload or transmit viruses or other types of malicious code that are used or may be used in any way that interferes with the functionality or operation of the Service or any associated website, other websites or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharming, pretexting, spidering, crawling or scraping; (j) for obscene or immoral purposes;

(k) to circumvent or disrupt the security mechanisms of the Service, any related website, other websites or the Internet. In the event of any breach of these Terms, we reserve the right to terminate your use of the Service or any linked website.

Section 13 - Disclaimer; limitation of liability

We do not guarantee that the results that can be obtained by using the service are correct or reliable. You agree that we may from time to time suspend the Service indefinitely or terminate the Service at any time without notice. You expressly agree that your use or inability to use the

Service is at your own risk. The Service and all products and services provided to you through the

Service are provided (as expressly stated by us) "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, merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event shall ESKUTE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive or special, or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, lost replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise arising out of your contract use of any service or product obtained through 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 the like loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental

damages in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.

Section 14 - Damages

You agree to indemnify and hold harmless ESKUTE and our parents, 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 out of your violation of these Terms of Use or the documents incorporating them by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability Clause

Should individual provisions of these terms of use become ineffective, unenforceable or void, the respective provision is still effective to the maximum extent permitted by law. The invalid part shall then be deemed to be separated from these Terms of Use. The validity and effectiveness of the other provisions shall not be affected by this.

Section 16 - Termination

The obligations and liabilities of the Parties that arose prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or if you cease

to use our website.

If we believe that you are in breach or suspected breach of these Terms of Use, we may also terminate this Agreement at any time on our part without notice. Any fees incurred up to the date of termination of this Agreement shall be borne by you. Alternatively, you will be denied use of our service (or any part thereof) for the remaining period of time.

Section 17 - Entire Agreement

The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

These Terms of Use and any policies or rules posted by us on this Site or in relation to the Service constitute the entire agreement and business relationship between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the issuing party.

Section 18 - Governing law

These Terms of Service and any separate agreements in which we provide services to you are governed by and construed in accordance with the laws of the US.

Section 19 - Changes to the Terms of Use

You can view the latest version of the terms of use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace portions of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.

Section 20 - Contact information

           support.us@eskute.com