Terms of service
OVERVIEW
Welcome to BambooFlex™. The terms "we", "us"
and "our" refer to BambooFlex™. BambooFlex™
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"). BambooFlex™ 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.
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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 the information you provide in our
stores 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.
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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
colors or product appearance may differ from how
they may appear on your screen due to the type
of device you use to access the store and your
device settings and configuration.
We do not warrant that the appearance or quality
of any products or services purchased by you
will meet your expectations or be the same as
depicted or rendered in our online stores.
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 any products that we offer to any
person, geographic region or jurisdiction, on a
case-by-case basis.
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SECTION 3 - ORDERS
When you place an order, you are making an offer
to purchase. BambooFlex™ reserves the right to
accept or decline your order for any reason at
its discretion. Your order is not accepted until
BambooFlex™ confirms acceptance. We must receive
and process your payment before your order is
accepted. Please review your order carefully
before submitting, as BambooFlex™ may be unable
to accommodate cancellation requests after an
order is accepted. In the event that we do not
accept, make a change to, or cancel an order, we
will attempt to notify you by contacting the
email, billing address, and/or phone number
provided at the time the order was made.
Your purchases are subject to return or exchange
solely 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.
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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 set
out in your order confirmation email. Unless
otherwise expressly stated, posted prices do not
include taxes, shipping, handling, customs or
import charges.
Prices posted in our online stores may be
different from prices offered in physical stores
or in online or other stores operated by third
parties. We may offer, from time to time,
promotions on the Services that may affect
pricing and that are governed by terms and
conditions separate from these Terms. If there
is a conflict between the terms for a promotion
and these Terms, the promotion terms will govern.
You agree to provide current, complete and
accurate purchase, payment and account
information for all purchases made at 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 as needed.
You represent and warrant that (i) the credit
card information you provide 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.
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SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery
delays. All delivery times are estimates only
and are not guaranteed. We are not responsible
for delays caused by shipping carriers, customs
processing, or events outside our control. Once
we transfer products to the carrier, title and
risk of loss passes to you.
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SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all
trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio,
and the design, selection, and arrangement
thereof, are owned by BambooFlex™, its
affiliates or licensors and are protected by
U.S. and foreign patent, copyright and other
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 of the material on the Services without our
prior written consent.
BambooFlex™'s names, logos, product and service
names, designs, and slogans are trademarks of
BambooFlex™ or its affiliates or licensors. You
must not use such trademarks without the prior
written permission of BambooFlex™. 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.
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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 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 the 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).
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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 any third-party materials or websites you
choose to access. If you decide to leave the
Services to access these materials or third
party sites, you do so at your own risk.
We are not liable for any harm or damages
related to your access of any third-party
websites, or your purchase or use of any
products, services, resources, or content on
any third-party websites.
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SECTION 9 - RELATIONSHIP WITH SHOPIFY
BambooFlex™ 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 BambooFlex™.
By using the Services, you acknowledge and
agree that Shopify is not responsible for any
aspect of any sales between you and BambooFlex™,
including any injury, damage, or loss resulting
from purchased products and services. You hereby
expressly release Shopify and its affiliates
from all claims, damages, and liabilities arising
from or related to your purchases and
transactions with BambooFlex™.
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SECTION 10 - PRIVACY POLICY
All personal information we collect through the
Services is subject to our Privacy Policy. By
using the Services, you acknowledge that you
have read our privacy policy.
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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 license to use, reproduce, modify,
publish, distribute and display such Feedback
in any medium for any purpose, including for
commercial use.
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.
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SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in
the Services that contain typographical errors,
inaccuracies or omissions. We reserve the right
to correct any errors, inaccuracies or omissions
at any time without prior notice.
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SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful
purposes only. Prohibited uses include but are
not limited to unlawful activity, intellectual
property infringement, harassment, transmission
of false information, spam, impersonation, or
any conduct that restricts others' use of the
Services.
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SECTION 14 - AGENTS
14.1 This section applies if you use, allow,
enable, or cause the deployment of an Agent to
access, use, or interact with any Services.
"Agent" means any software or service that takes
autonomous or semi-autonomous action on behalf
of any person or entity without direct
supervision.
14.2 No Agent may access or interact with
Services unless it identifies itself and operates
in strict accordance with the requirements in
section 14.4.
14.3 We may limit, including by technical
measures, whether and how any Agent accesses,
uses, and interacts with Services.
14.4 Agents must identify themselves in all
requests, not conceal or obfuscate their nature,
respond truthfully to any question seeking to
determine if interactions are from a human or
computer, and not circumvent any measures
intended to block or limit Agent access.
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SECTION 15 - TERMINATION
We may terminate this agreement or your access
to the Services at any time without notice, and
you will remain liable for all amounts due up
to and including the date of termination.
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SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS
AVAILABLE' WITHOUT ANY REPRESENTATION,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
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SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW,
BAMBOOFLEX™ SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM
YOUR USE OF THE SERVICES OR ANY PRODUCTS
PROCURED THROUGH THE SERVICES.
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SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
BambooFlex™, Shopify, and our affiliates,
partners, officers, directors, employees, agents,
contractors, licensors, and service providers
from any losses, damages, liabilities or claims
arising out of your breach of these Terms, your
violation of any law, or your use of the
Services.
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SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to
be unlawful or unenforceable, that provision
will be enforced to the fullest extent permitted
by law and the remainder of the Terms will
continue in full force.
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SECTION 20 - WAIVER; ENTIRE AGREEMENT
These Terms of Service constitute the entire
agreement between you and BambooFlex™ and
govern your use of the Services.
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SECTION 21 - ASSIGNMENT
You may not assign this Agreement without our
prior written consent. We may transfer or assign
these Terms without consent or notice.
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SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed
in accordance with the laws of the jurisdiction
where BambooFlex™ is headquartered.
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SECTION 23 - HEADINGS
Headings are included for convenience only and
do not limit or affect these Terms.
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SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at
any time. Changes will be effective on the date
specified in the notice. Your continued use of
the Services following any changes constitutes
acceptance of those changes.
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SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be
directed to our support team through the contact
form on our website.
BambooFlex™
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]