Terms of service

TERMS OF SERVICE

Welcome to Qeroha™! The terms “we,” “us,” and “our” refer to qeroha/Qeroha™. Qeroha™ operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a tailored shopping experience (the “Services”). Qeroha is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referred to herein (these “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 address areas such as disclaimers and limitations of liability.

By accessing, 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 the Privacy Policy, you must 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 the state, province, or jurisdiction in which you reside, and you have given us permission to allow any minor dependants of yours to use the Services on devices that you own, purchase, or control.

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 information, delivery address, and payment details.

You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or be identical to those shown or delivered through our online stores.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products 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. Qeroha reserves the right to accept or reject your order for any reason at our sole discretion.

Your order is not accepted until Qeroha has confirmed acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it, as Qeroha may not be able to process cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number you provided when placing the order.

Your purchases may only be returned or exchanged 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 – PRICING AND BILLING

Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling charges, and customs duties or import charges.

Prices in our online stores may differ from prices in physical stores or online stores or other stores operated by third parties.

We may offer promotions from time to time through the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the credit card information you provide is truthful, accurate, and complete;

(ii) you are properly authorised to use such credit card for the purchase;

(iii) charges made by you will be honoured by your credit card company; and

(iv) you will pay all charges made by you at the prices stated, including shipping and handling charges and all applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance, or events beyond our control.

Once we transfer the products to the carrier, title to and risk of loss of the products passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection, and arrangement thereof, are owned by qeroha, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial use.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written permission.

Unless expressly stated otherwise herein, nothing in these Terms grants you a licence or other rights, nor shall anything be interpreted as granting you a licence or other rights under any patent, trademark, copyright, or other intellectual property of qeroha, Shopify, or any third party.

Unauthorised use of the Services may constitute a violation of federal, state, or other applicable intellectual property laws.

All rights not expressly granted herein are reserved by qeroha.

The names, logos, product and service names, designs, and slogans of qeroha are trademarks of qeroha or its subsidiaries or licensors.

You may not use such trademarks without the prior written permission of qeroha.

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 appearing on the Services are trademarks 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, over which we have no control or input.

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 any endorsement.

We have no liability 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 agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall 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, including embedded third-party functionality.

We are not responsible for investigating or evaluating the content or accuracy of materials or websites operated by third parties that you choose to access.

If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damage or loss relating to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Carefully review and understand the policies and practices of the third party before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Qeroha is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our Store are conducted directly with qeroha.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and qeroha, including injury, damage, or loss resulting from products and services purchased.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with qeroha.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which you can view here.

By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Information you submit through the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than the country in which you reside, in order to provide services to you.

Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

We may use our rights under this licence, for example, to operate, provide, evaluate, improve, and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that:

(i) you own or have all necessary rights to all Feedback;

(ii) you have disclosed any compensation or incentives you have received in connection with your Feedback; and

(iii) your Feedback complies with these Terms.

We are under no obligation to:

(1) maintain your Feedback in confidence;

(2) pay compensation for your Feedback; or

(3) respond to your Feedback.

We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service, but we have no obligation to do so.

You agree that your Feedback will not infringe any right of a third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory 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 Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for all Feedback you provide 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, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping prices, 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 is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USE

You may only access and use the Services for lawful purposes.

You may not directly or indirectly access or use the Services:

(a) for unlawful or malicious purposes;

(b) to violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, intimidate, or discriminate against our employees or other persons;

(e) to submit false or misleading information;

(f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm qeroha, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, or pretext in connection with the Services;

(e) use robots, spiders, scraping, data-gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or

(f) interfere with, circumvent, bypass, or otherwise avoid any security or authorisation features, robot exclusion headers, or other measures that we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, permit, enable, or allow an Agent to access, use, or interact with the Services.

“Agent” means any software or service that autonomously or semi-autonomously takes action on behalf of or at the direction of a person or entity and that may operate on or with the assistance of a person’s device without direct supervision.

14.2

An Agent may not access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below.

Furthermore, an Agent may not access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3

We may restrict, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4

Agents must:

(i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the user-agent string of the request: “Agent/[agent name]”;

(ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by:

(a) imitating human behaviour and interaction patterns; or

(b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;

(iii) truthfully answer questions or prompts intended to determine whether interactions originate from a human or a computer; and

(iv) not circumvent or otherwise avoid measures intended to block, restrict, modify, or control whether and how 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, at any time at our sole discretion and without prior notice, and you remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination:

Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational 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.

Section 17 - Limitation of Liability