Terms of service

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OVERVIEW
Welcome to YOYA! The terms "we", "us" and "our" refer to YOYA. YOYA operates this store and website, including all related information, content, features, tools, products, and services under Orders to provide you, the customer, with a personalized shopping experience (the "Services"). YOYA is operated by Shopify, which allows us to provide the services to you.
The terms and conditions below, together with any policies referenced 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 include important information about your legal rights and cover areas such as 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 to these Terms of Service or the Privacy Policy, you should 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 the device you own, purchase, or manage.
In order to use the Services, including accessing or browsing our Online Store or purchasing any of the products, you need to be aware that the Online Store is your preferred location.
In order to purchase the products or services we offer, you may be asked to provide certain information, such as your email address, financial, payment, and shipping information. You represent and warrant that all information provided in our store is correct, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on 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 present an accurate representation of our products and services in our webshop. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those presented or displayed in our webshop.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a package-by-package basis.

SECTION 3 - REQUESTS
When you place an order, you are making an offer to buy. YOYA reserves the right to accept or decline your orders for any reason in its sole discretion. Your order will not be accepted until YOYA confirms acceptance. We need to receive and process your payment before your order will be accepted. Please review your orders carefully before submitting them, as YOYA may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, amend, or cancel an Order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time of placing the order.
Your purchases are entities to be returned or exchanged solely in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND FINANCE
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 your order confirmation email. Unless otherwise expressly stated, prices shown do not include tax, freight, handling, customs or import charges.
The prices displayed on our Online Store may differ from the prices offered in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including 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 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 at published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - FREIGHT AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events outside of our control. Once we transfer products to the carrier, title and risk of loss pass to you.

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 the property of [merchant], its affiliate, or licensor and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You shall not reproduce, distribute, modify, create derivative works from, 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 construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of [merchant], 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 [merchant].
[Merchant] names, logo, product and service names, designs, and slogans are trademarks of [Merchant] or its affiliate or licensor. You must not use such trademark without the prior written permission of [merchant]. 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 have access to customer tools offered by third parties as part of the Services, which we do not monitor, control and have no influence over.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising out of or related to your use of optional third-party tools.
Any use of the optional tools offered through the Website is entirely at your own risk, and you should make sure that you are aware of and agree to the terms under which these tools are provided by the respective third-party providers.
In the future, we may also offer new functionality through the Services (including the release of new tools and features). These new features will also be considered an integral part of the Services and are an integral part of 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 incorporated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or injury related to your access to any third-party website, or your purchase or use of any products, services, features, or content on any third-party website. Carefully review the policies and practices of third parties and make sure you understand them before entering into any transactions. 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 should not be removed or modified.]
YOYA is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our store will be made directly with [merchant]. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and [merchant], including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchase and transaction with YOYA.

SECTION 10 - PRIVACY POLICY
All personal information we enter 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 the Services to you. The information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country other than the one in which you reside, so that we can provide the services to you. Please review our Privacy Policy [LINK] for more details 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 license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill 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 in and to all Comments; (ii) you have disclosed any compensation or incentives received in connection with the submission of your comments; and (iii) your comments will comply with these Terms. We are and will have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but have no obligation to, monitor, edit, or remove feedback that, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates a third party's intellectual property or these Terms of Service.
You agree that your feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your feedback will not contain libelous, illegal, abusive, or obscene content, nor will it contain computer viruses or any other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead Shopify or any third party as to the origin of any feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for any feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information is incorrect, at any time and without notice, including after the order has been submitted.

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 illegal or malicious purpose; (b) to violate any local, international, federal, provincial, or state 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, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) to convey false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm YOYA, Shopify, or users of the Services, or expose them to civil liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track personal information from third parties; (d) spamming, phishing, pharming, or pretexting to access the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automatic device or process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or circumvent security or authorization features, robot exclusion, or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time, without 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 cause to deploy an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs stand-alone or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may be performed on behalf of, or utilizing a person's device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless at all times identifies and operates in strict accordance with the requirements of section 14.4 below. In addition, no Agent may 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 limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an agent and disclose the agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not to conceal or obscure that any access, use, or interaction is by an agent, such as (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHA or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or warning that seeks to determine whether the interactions are from a human or a computer; (iv) circumvent or otherwise circumvent any measure designed to block, limit, 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) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Disclaimer; All agreements, assignments, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any decision made based on this information is entirely at your own risk. We disclaim any and all liability arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of your Content.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR STATES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,  DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS,  LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,  INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless YOYA, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your violation of these Terms of Service or the documents they incorporate by reference,  (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, and failure to promptly notify you of your obligations will not relieve you of your obligations unless you suffer material damage. We may control the defense and settlement of such a claim at your discretion, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be denied without cause). You shall cooperate in the defense of indemnifiable claims, including by providing the relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion shall be deemed severable from these Terms of Service; Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; FULL CONTRACT
The omission or forbearance in the exercise or enforcement of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision."
These Terms of Service and any policies or operating rules posted by us on this website or with respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to,  any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed to the detriment of the drafting party.

SECTION 21 - TASK
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where YOYA has its principal place. You and YOYA consent to venue and personal jurisdiction in such courts.

SECTION 23 - TITLES
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting the updates and changes on our website. It is your responsibility to periodically check our website for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 2.5 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to rebeccaxsuyoya@outlook.com.
Our contact information is below:
[INSERT TRADE NAME]
rebeccaxsuyoya@outlook.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]