Terms of service

Overview

Welcome to Taalk Grace! The terms "we", "us" and "our" refer to Taalk Grace. Taalk Grace 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"). Taalk Grace is powered by Shopify, which enables us to provide the Services to you.

The below 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 disclaimers and limitations of liability.

By visiting, 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 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 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, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide 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 of your account activity. You may not transfer, sell, assign, or license your account to any other 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, colors or product appearance may differ from how they appear on your screen due to your device type and settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Taalk Grace reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Taalk Grace confirms acceptance. We must receive and process your payment before your order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use 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 will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase and payment information for all purchases. 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, and (iii) charges incurred by you will be honored by your credit card company.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, are owned by Taalk Grace, its affiliates or licensors and are protected by copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent.

Taalk Grace's names, logos, product and service names, designs, and slogans are trademarks of Taalk Grace. You must not use such trademarks without prior written permission.

Section 7 – Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties or representations of any kind. Any use of optional third-party tools is entirely at your own risk and discretion.

Section 8 – Third-Party Links

The Services may contain links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

Section 9 – Relationship with Shopify

Taalk Grace 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 Taalk Grace. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Taalk Grace. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Taalk Grace.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, 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 these privacy policies.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such content in any medium for any purpose, including for commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback submitted, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence or to pay compensation for it.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, 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.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send any "junk mail," "chain letter," "spam," or any other similar solicitation; or (g) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; or (d) use any robot, spider, scraping, or automated means to access the Services. 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 – Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with our requirements. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services. Agents must identify themselves in all HTTP requests, not conceal that interactions are from an Agent, and not circumvent any measure intended to limit Agent access.

Section 15 – Termination

We may terminate this agreement or your access to the Services 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. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive any termination.

Section 16 – Disclaimer of Warranties

Except as expressly stated by Taalk Grace, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 17 – Limitation of Liability

To the fullest extent provided by law, in no case shall Taalk Grace, our partners, directors, officers, employees, affiliates, agents, contractors, 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, strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless Taalk Grace, Shopify, and our affiliates, partners, officers, 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 breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

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 nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 – Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Section 21 – Assignment

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 such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Taalk Grace is headquartered. You and Taalk Grace consent to venue and personal jurisdiction in the courts of that jurisdiction.

Section 23 – Headings

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

Section 24 – Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 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 25 – Contact Information

Questions about the Terms of Service should be sent to us at Gracebytaalk@gmail.com.