Terms of Service

OVERVIEW

Welcome to Achala Journal! These Terms of Service govern your use of our website and all information, tools, and services available to you through it.

By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

We offer this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree to these Terms of Service, then you may not access or use our website.

It is your responsibility to periodically review these Terms of Service and any updates that are posted. Your continued use of this website following the posting of any changes constitutes acceptance of those changes.

Thank you for taking the time to read these Terms of Service. We hope you find what you are looking for on our website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Acceptance of these Terms of Service is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the same 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is proudly hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

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, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Any breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make every effort to ensure that the information provided on this site is accurate, complete and up to date. However, we cannot guarantee that the information will always be accurate, complete and current. It is your responsibility to verify any information before relying on it.

The material on this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. This information is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Therefore, it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice. Prices for our products may also be subject to change without prior notice.

We shall not be held liable to you or any third-party for any modifications, price changes, suspensions, or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

We are proud to offer a range of exclusive products and services available exclusively through our website. These products and services may be limited in quantity and are subject to our Return Policy.

We have taken great care in ensuring the colors and images of our products accurately reflect the products we offer in our store. However, please note that computer monitors may vary in the way colors are displayed. We reserve the right to restrict sales of our products and services to any individual, geographic area, or jurisdiction on a case-by-case basis.

We may also limit the quantities of any products or services we offer. Descriptions and pricing of our products are subject to change without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited by applicable law.

We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We recommend that you always check the applicable laws before engaging in any transaction.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, and we may also limit or cancel quantities purchased per person, per household or per order.

This may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to contact you via the e-mail and/or billing address/phone number provided at the time of placing the order. We reserve the right to prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

It is your responsibility to provide us with accurate, complete and up-to-date purchase and account information for all purchases made in our store. You must also promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

SECTION 7 – OPTIONAL TOOLS

We hereby provide you with access to third-party tools over which we neither monitor nor have any control nor input.

Your use of such tools is entirely at your own risk and discretion, and you are solely responsible for ensuring that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

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.

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

SECTION 8 – THIRD-PARTY LINKS

Our Service may include materials from third-parties, and may contain third-party links that direct you to third-party websites that are not affiliated with us. We do not have any liability or responsibility for any third-party materials, websites, products, or services, and we cannot guarantee their accuracy or reliability. Before engaging in any transaction with a third-party, we strongly encourage you to review their policies and practices carefully to ensure that you understand them.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. If you have any complaints, claims, concerns, or questions regarding third-party products, please direct them to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials, either in response to a request or on your own initiative, you agree that we may, at any time, edit, copy, publish, distribute, translate and otherwise use these comments in any medium without restriction.

We are not obligated to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. We may, but are not obligated to, monitor, edit or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe upon any third-party rights, such as copyright, trademark, privacy, personality or other personal or proprietary rights.

Furthermore, you agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could adversely affect the functioning of the Service or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third-parties with regard to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We will not be held accountable and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your personal information submitted through our store is subject to our Privacy Policy. Please take a moment to review our Privacy Policy for more information.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be typographical errors, inaccuracies or omissions in the information presented on our website or in the Service.

We reserve the right to correct any such errors, inaccuracies or omissions and to update, amend or clarify information at any time without prior notice, including after you have submitted your order. Furthermore, we have no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.

No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are strictly prohibited from using the site or its content: (a) For any unlawful purpose; (b) To solicit others to partake in any illegal activities; (c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; It is strictly prohibited to use the Service or any related website for any of the following activities: (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Violation of any of the aforementioned shall result in the immediate termination of your use of the Service or any related website. We thank you for your adherence to these guidelines.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We guarantee that we will make our best effort to provide you with an uninterrupted, timely, secure, and error-free service. However, we cannot guarantee that the results obtained from the use of the service will be accurate or reliable.

Furthermore, we reserve the right to remove the service for indefinite periods of time or to cancel the service at any time without prior notice.You acknowledge that your use of, or inability to use, the service is solely at your own risk.

The service, and all products and services delivered to you through the service, are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Achala Journal, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held responsible for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

In states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent allowable by law. We strive to ensure that all customers are adequately protected and that our services are in compliance with all applicable legal requirements.

SECTION 14 – INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Achala Journal ideas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any and all claims, demands, damages, or liabilities, including reasonable attorneys’ fees, made by any third-party, arising out of or in connection with any breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permissible by applicable law.

The unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall remain in effect even after the termination of this agreement.

These Terms of Service are effective until either you or us decide to terminate them. You may terminate these Terms of Service at any time by notifying us of your decision to no longer use our Services, or when you cease using our site. If we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice.

Your liabilities will remain intact and you will be responsible for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not be deemed to constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us with regard to 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 prior versions of the Terms of Service). Any interpretation of these Terms of Service shall be made in good faith and with no prejudice to either party.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most recent version of our Terms of Service at any time via this page. We reserve the right to update, modify or replace any part of these Terms of Service at our own discretion.

It is your responsibility to check our website periodically for any changes. Your continued use of our website or any Service following the posting of any changes to these Terms of Service shall be considered as your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

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