Terms of Use

Agreement

• This Agreement is between you and us. Please read these Terms of Use carefully and in their entirety, as by using, accessing, and/or browsing our website https://www.distinctlykids.com (Website), you agree to fully comply with and be bound by the following Agreement each time you use our Website.
• If you do not agree to be bound to each and every term and condition set forth herein, please exit our website immediately and do not use, access, and/or browse it further.
• Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and us and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
• By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
• By agreeing to these Terms of Use, 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 you have given us your consent to allow any of your minor dependents to use this site.
• The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
• Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
• We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
• Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
• To the extent that any content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.
• Our rights under this Agreement will survive any termination of this Agreement.
• Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

 Changes to Our Terms of Use

• You can review the most current version of the Terms of Use at any time at this page.
  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website.
• Any new features or tools which are added to the current store shall also be subject to the Terms of Use.
• 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.

Definitions 

• The terms “Company”, “us”, “we” and “our” refer to the owner of the Website and its directors, employees, officers, affiliates, representatives, consultants, and agents.
• A “Visitor” is someone who merely browses our Website.
• A “Member” is someone who has registered with our Website.
• The term “User” is a collective identifier that refers to either a Visitor or a Member.
• The term “Product” or “Service” refers to any Products or Services we sell, recommend, advertise or give away.
• All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”.

 

Use of Information

• Your submission of personal information through the store is governed by our Privacy Policy, which is considered part of this Agreement and can be viewed here https://distinctlykids.com/pages/privacy-policy
• You grant us a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting us a license to use the Member Content in connection with the operation of our business, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content.
• You understand and agree that you will not be compensated for any Member Content.
• By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
• 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.

Intellectual Property

• Our Website may contain our Service marks or trademarks as well as those of our affiliates or other merchants, Service providers or companies in the form of words, graphics, and logos. You may not use these without prior written permission.
• Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

 User Conduct

• Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.
• We are not responsible for the online or offline conduct of any User of our Website or Services.
• We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity.
• We are not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, we will submit all necessary information to relevant authorities.
• We are not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by us.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
• You represent and warrant that if you are purchasing something from us:
• Any payment information you supply is true and complete
• Charges incurred by you will be honored by your bank or credit card Company
• You will pay the charges incurred by you at the posted prices, including any applicable taxes
• If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
• You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• You may not use a false e‑mail 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.
• As a User, you agree not to use our Services to upload, post, transmit or use any content or our Product or Service that:
• Violates any local, state, federal, or international laws, statutes, ordinances, and regulations, including those relating to copyright and trademark
• Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party
• Harms, threatens, defames, promotes violence or illegal activities, or is otherwise libelous, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
• Links directly or indirectly to any materials to which you do not have a right to link
• Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
• Contains software viruses, worms or any code of a destructive nature, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
• Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
• Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• In the sole judgment of Our Company is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Our Company, our affiliates, or our Users to any harm or liability of any type.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, 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.
• You agree not to use our Content to:
• Develop a competing website
• Create compilations or derivative works as defined under United States copyright laws
• Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
• Decompile, disassemble, or reverse engineer our Website, Services, and any related software.
• In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from soliciting others to perform or participate in any unlawful or prohibited acts.

 Third-Party Links

• Third-party links on this site may direct you to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content, Products, Services, materials or websites.
• You understand that we do not operate or control the Products or Services offered by third-party Merchants. These Merchants are responsible for all aspects of order processing, fulfilment, billing, and customer Service.
• We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and without warranties of any kind by us.
• We have no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
• 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

 Modifications to the Service and Prices

• Prices for our advertised Products and Services are subject to change without notice.
  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

 Optional Tools

• We may provide you with access to third-party tools over 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).
• 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 Use.

 Disclaimer

• This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and us.
• Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, we have no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not ours. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
• We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
• Reference to any Products, Services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
• You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and us or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
• Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
• We are not responsible for any technical malfunction or other problems of any telephone network or Service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
• In no event will we be liable to you or any third person for any indirect, special, incidental, exemplary, punitive or consequential loss or damages (including damages for loss of business, loss of profits, loss of data, litigation, personal injury or death, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), Product liability, or arising from your use of our website, content, Services, or any related software accessed through or downloaded from our website or Services, even if our Company is aware or has been advised of the possibility of such damages, and whether online or offline. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and us. Our website and Services would not be provided without such limitations.
• You expressly agree that your use of, or inability to use, the Service is at your sole risk. The information, content, and documents from or through our website are provided ‘as-is’, ‘as available’, with ‘all faults’, without any representation, 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.
• We do not represent or otherwise warrant that our Website will be error-free or free from viruses, problems, limitations or other harmful components, or that we will correct any errors.
• We reserve the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
• We have made every effort to display as accurately as possible the colors and images of the Products and Services that we sell or promote. We cannot guarantee that your device or computer monitor's display of any color or image will be accurate.
• All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion.
• We reserve the right, but are not obligated, to limit the sales or promotion of any Product or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer.
• We 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.
• We do not warrant the quality of any Products, Services, information, or other material purchased or guarantee any specific results, or that any errors in the Service will be corrected.
• No advice or information, whether oral or written, obtained by you from us through our website or Services will create any warranty, representation, or guarantee not expressly stated in this agreement.
• The material on this site is provided for general information only and should not be relied upon or 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.
• Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
• No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 Limitation of Liability

• In no case shall Distinctly Kids, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, 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, including, but 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
• Notwithstanding anything to the contrary contained herein, our Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for website and/or Services accessed during the previous month of your membership prior to the event giving rise to liability.
• all information in the Service or on any related website has been modified or updated.

Indemnification

• You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, Product and Service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services, , or your violation of any law or the rights of a third-party.

 Membership Registration

• If you register with our Website to become a Member, your Membership is not transferable or assignable and is void where prohibited.
• Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms of Use.
• By using our Website and/or Services, you represent and warrant that you are (18) years of age or older.
• We have the sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
• When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
• You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 Membership Termination

• Your membership with us is effective until terminated by you or us.
• Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions.
• Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website.
• Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Contact Information

Questions about the Terms of Use should be sent to us at info@distinctlykids.com.