Terms of service
OVERVIEW
Welcome to Iluminora. The terms "we", "us" and "our" refer to Iluminora. Iluminora operates this store and website, including all information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Iluminora is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referenced in them (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 warranty disclaimers and limitations of liability.
By viewing, 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 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 or province where you reside and that you have given us your consent to allow any minors in your care 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 products or services we offer, you may be asked to provide certain details, such as your email address, billing address, payment information and shipping address. You represent and warrant that all 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 activity on 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 product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions 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 we 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. Iluminora reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Iluminora confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Iluminora may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
Your purchases are eligible for returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
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 when the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs or import charges.
Prices published in our online stores may differ from those offered in physical, online or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.
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 and 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 that credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay the charges you incur at the published prices, including shipping, handling and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once we hand products over to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Iluminora, its affiliates or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent. Except as expressly provided in this document, nothing in these Terms grants or shall be interpreted as granting you a license or any other rights under any patent, trademark, copyright or other intellectual property of Iluminora, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Iluminora reserves all rights not expressly granted in this document.
Iluminora's names, logos, product and service names, designs and slogans are trademarks of Iluminora, its affiliates or its licensors. You must not use these trademarks without Iluminora's prior written consent. 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 in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties that we do not monitor, control or contribute to.
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 endorsement. We shall have no liability arising from your use of optional third-party tools.
Your use of optional third-party 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 on which the relevant third-party providers offer those tools.
In the future, we may also offer new features through the Services, including the release of new tools and resources. These new features shall also be considered part of the Services and will 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 examining or evaluating, or for the accuracy of, 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 responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services or resources from third-party websites. Please carefully review third-party policies and practices 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 those third parties.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Iluminora 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 Iluminora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Iluminora, 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 Iluminora.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information relating to your access to and use of the Services to provide and improve the Services for you. To provide services to you, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than the country where you reside. Please review our Privacy Policy [LINK] 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 ideas, suggestions, comments, 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 that Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve and promote the Services, and to perform our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that (i) you own all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or computer viruses or other 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 else or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in or about the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, 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 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 directly or indirectly access or use the Services (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state or local regulations, laws or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of junk mail, chain letters, spam or similar content; (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 that, as we determine, may harm Iluminora, Shopify or users of the Services, or expose them to liability.
You also agree not to (a) upload or transmit viruses or any other malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice, and you may remain liable for all amounts due up to and including the termination date.
The following sections will 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 provision that by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from reliance on such materials by you, any visitor to the Services or anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY Iluminora, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT 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 OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Iluminora, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Iluminora, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, payable to any third party as a result of (1) your breach 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 claim subject to indemnification, provided that failure to notify you promptly will not relieve you of your obligations unless you have been materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in defending claims subject to indemnification, including by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules we publish on this site or in relation to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of these Terms of Service.
Any ambiguities in interpreting these Terms of Service shall not be construed against the party that drafted them.
SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Iluminora is located. You and Iluminora consent to venue and jurisdiction in those courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@iluminora.com.
Our contact information is published below:
info@iluminora.com