Terms of service
GENERAL INFORMATION
Welcome to Kneevo. The terms “we”, “us”, and “our” refer to Kneevo. Kneevo 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”). Kneevo is powered by Shopify technology, which allows us to provide you with the Services.
The following 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, disclaimer and limitation of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with 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 your state or province of residence and that 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 required to provide certain information such as your email address, billing information, payment information and shipping details.
You represent and warrant that all information you provide in our store is correct, current and complete and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to ensure that our products and services are displayed as accurately as possible in our online store. However, please note that product colors or appearance may differ from how they appear on your screen depending on the device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as displayed or presented in our online store.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit quantities of any product 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. Kneevo reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until Kneevo confirms acceptance.
We must receive and process your payment before accepting your order.
You should review your orders carefully before completing your purchase, as Kneevo 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 you via the email address, billing address or phone number you provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.
SECTION 4 – PRICING 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 indicated in the order confirmation sent to you by email.
Unless explicitly stated otherwise, published prices do not include taxes, shipping costs, handling fees, customs duties or import charges.
Prices published in our online store may differ from prices offered in physical stores or other online stores operated by third parties.
From time to time we may offer promotions on the Services that may affect pricing strategies and may be governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. 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 the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed.
We will not be responsible for delays caused by the shipping carrier, customs procedures or events outside our control.
Once we transfer the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Kneevo, its affiliates or licensors and are protected by U.S. and international patents, copyrights and other intellectual property laws.
These Terms allow you to use the Services only for personal and non-commercial use.
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 interpreted as granting you any license or rights under any patent, trademark, copyright or other intellectual property of Kneevo, Shopify or any third party.
Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws.
All rights not expressly granted herein are reserved by Kneevo.
The names, logos, product names, service names, designs and slogans of Kneevo are trademarks of Kneevo or its affiliates or licensors. You must not use such trademarks without prior written permission from Kneevo.
The name, logo, product names, service names, designs and slogans of Shopify are trademarks of Shopify.
All other names, logos, product names, service names, designs and slogans in 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, which we do not monitor and 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 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 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 the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (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 any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website 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 shall not be liable for any damage or harm related to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please review carefully the policies and practices of the third party and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
Kneevo operates using Shopify technology, which allows us to provide the Services to you. However, any sale or purchase you make in our store is made directly with Kneevo.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Kneevo, including any injury, damage or loss resulting from the purchase of products and services.
You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchase and transaction with Kneevo.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed 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 our Services.
Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide you with the Services.
Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively referred to as “comments”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such comments in any media for any purpose, including commercial use.
For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to comply with our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all comments
(ii) you have disclosed any compensation or incentive received in connection with submitting your comment
(iii) your comment complies with these Terms.
We have no obligation to:
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maintain any comment in confidence
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pay compensation for any comment
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respond to any comment.
We may, but are not obligated to, monitor, edit or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could affect the operation of the Services or any related website.
You may not use a false email 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 any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing strategies, promotions, offers, product shipping charges, 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 in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose
(b) to violate any international, federal, provincial, state or local law or regulation
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any person
(e) to submit false or misleading information
(f) to upload or transmit any material that does not comply with these Terms
(g) to transmit advertising or promotional material including spam, chain letters or junk mail
(h) to impersonate or attempt to impersonate another person or entity
(i) to engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Services.
You also agree not to:
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upload viruses or malicious code
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reproduce, duplicate, copy, sell or exploit any portion of the Services
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collect or track personal information of others
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spam, phish or pretext
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use robots, scraping tools or automated systems to access the Services
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interfere with or bypass security measures.
We reserve the right to suspend or terminate your account if you violate these Terms.
SECTION 14 – AGENTS
This section (“Agent Terms”) applies if you use or allow the implementation of an Agent to access or interact with the Services.
An “Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of a person or entity.
Agents must identify themselves in every request and must not attempt to mimic human behavior, bypass CAPTCHA systems or circumvent security controls.
We may limit or block access by any Agent to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time without prior notice.
You remain responsible for all amounts due up to the date of termination.
The following sections will survive termination:
Intellectual Property, Comments, Disclaimer of Warranties, Limitation of Liability, Indemnification and Governing Law.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information provided through the Services is for general informational purposes only.
Unless expressly stated otherwise, the Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind.
We do not guarantee that the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions do not allow the exclusion of implied warranties, so some limitations may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Kneevo, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors and Shopify shall not be liable for any injury, loss, claim or damages including lost profits, lost revenue, lost savings, loss of data or replacement costs arising from your use of the Services or any product purchased through the Services.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kneevo, Shopify and their affiliates from any claim or demand, including reasonable attorneys’ fees, arising from:
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your breach of these Terms
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your violation of any law
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your violation of the rights of a third party.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
SECTION 20 – ENTIRE AGREEMENT
These Terms of Service and any policies posted on this site constitute the entire agreement between you and Kneevo.
Failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right.
SECTION 21 – ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent.
We may assign or transfer these Terms without notice.
SECTION 22 – GOVERNING LAW
These Terms shall be governed and interpreted in accordance with the laws and courts of the jurisdiction where Kneevo operates.
SECTION 23 – HEADINGS
Headings used in this agreement are included for convenience only and will not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms by posting updates on our website.
Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Contact information:
[INSERT BUSINESS NAME]
kneeevo@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]