Terms of service

OVERVIEW
This site is operated by uplivings. Throughout the site, the terms "we", "us" and "our" refer to uplivings. uplivings offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you are participating in our "service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing or using our Site. By accessing or using the Site in any way, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Site or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current Store will also be subject to the Terms of Use. You can view the current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or access the Site after any changes have been posted, you agree to be bound by those changes.

Our store is operated by Shopify Inc. which provides us with an e-commerce platform through which we can sell our products and services to you.

SECTION 1 - ONLINE SHOP TERMS AND CONDITIONS.
By accepting these Terms of Use, you acknowledge that you are of legal age in your state or province, or that you are of legal age in your state or province and have given us permission to allow your minor relatives to use this Site.
You may not use our products for any illegal or harmful purpose, nor may you use the Service to violate any law in your jurisdiction (including, but not limited to, copyright laws).
You may not transmit worms, viruses or other code of a destructive nature.
Violation of these Terms will result in immediate termination of your Services.

SECTION 2 - TERMS AND CONDITIONS.
We reserve the right to refuse service at any time for any reason.
You acknowledge that Your Content (not credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) modifications to meet the technical requirements of the connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or in any way exploit any portion of the Service, use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are for convenience only and do not otherwise limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We assume no liability if the information on this Site is not accurate, complete or current. The material on this Site is 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 current sources of information. Use of the material on this site is at your own risk.
This site may contain some historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this site at any time. However, we are under no obligation to update the information on our site. You agree that it is your responsibility to be aware of any changes to our website.

SECTION 4 - CHANGES IN SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may only be available online through the Site. These products or services may only be available in limited quantities and may only be returned or exchanged in accordance with our return policy.
We have done our best to ensure that the colours and images of our products match those displayed in store as closely as possible. However, we cannot guarantee that all colours will be displayed correctly on your computer screen.
We reserve the right, but have no obligation, to limit the sale of our products or services to any particular person, geographic area or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services that we offer. All product descriptions and product prices 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. Any offers for products or services on this site are void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or received by you will meet your expectations or that any defects in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We reserve the right to refuse any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may apply to orders placed from or under the same customer account, credit card and/or orders placed with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided when you placed the order. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by resellers, dealers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases from our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you if necessary.

You can find more information in our returns policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not control or have no control over.
You acknowledge and agree that we are providing access to these tools "as is" and "as available" without any warranty, representation or condition and without any endorsement. We are in no way responsible for your use of any third party tools.
Your use of any tools offered through the Site is at your own risk and discretion, and you should ensure that you understand and agree to the terms and conditions under which the tools are offered by the relevant third party provider(s).
We may also offer new services and/or features through the Site in the future (including new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

SECTION 8 - LINKS TO THIRD PARTY PROVIDERS
Certain content, products and services available through our Service may contain material from third parties.
Third party links on this Site may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of, and we do not warrant and are not responsible or liable for, any third party materials or websites or any other third party materials, products or services.
We are not responsible for any damages in connection with the purchase or use of any goods, services, resources, content or other transactions conducted in connection with any Third Party Sites. Please read the third party provider's policies and practices carefully before completing any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the applicable third party provider.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS.
If you make certain submissions in response to our solicitation (for example, submissions to a contest), or if you submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise without our solicitation (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use the Comments you submit to us at any time and in any media. We are under no obligation (1) to keep Comments confidential, (2) to pay compensation for Comments, or (3) to respond to Comments.
We may, but have no obligation to, monitor, edit or remove any content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Use.
You agree that your Comments will not infringe the rights of any third party, including any copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, offensive or obscene material or computer viruses or other malware that may interfere in any way with the operation of the Service or any related site. You may not use a false email address, impersonate any person other than yourself, or mislead us or any third party as to the origin of any comment. You are solely responsible for your comments and their accuracy. We accept no responsibility for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
If you provide personal information through the Store, it will be subject to our Privacy Policy. Please read our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our Site or Service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel an order if information on the Service or a related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obliged to update, amend or clarify any information on the Service or any related website, including but not limited to price information, unless we are required to do so by law. No particular update or renewal date applicable to the Service or a related site shall be construed to mean that all information on the Service or a related site has been changed or updated.

SECTION 12 - PROHIBITED USES
In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from (a) using the Site or its content for any unlawful purpose; (b) encouraging or participating in any unlawful activity by anyone; (c) violating any international, federal, provincial or state rules, regulations, laws or local ordinances; (d) infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, defame, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or other forms of malware that interfere or may interfere in any way with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track personal information about others; (i) engage in spamming, phishing, pharming, pretexting, spinning, crawling or scraping; (j) engage in obscene or immoral activities; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER, LIMITATION OF LIABILITY.
We do not warrant that use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove or suspend the Service from time to time and indefinitely without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (unless otherwise expressly stated) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, marketability, fitness for a particular purpose, durability, title and non-infringement.
In no event will Explore-store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims or direct, indirect, incidental, punitive or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based in contract, tort (including negligence). arising out of your use of the Service or products offered through the Service, or for any other claim related in any way to your use of the Service or products, including, but not limited to, errors or omissions in any Content or loss or damage of any kind incurred as a result of your use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold Explore-store and our parents, subsidiaries, affiliates, partners, officers, directors, representatives, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERANCE
If any provision of these Terms of Service is found to be illegal, invalid or unenforceable, such provision shall nevertheless remain fully enforceable under applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such provision shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the Parties that have arisen prior to the Termination Date shall survive the termination of this Agreement in all respects.
These Terms of Use shall remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or if you no longer use our Site.
If we believe that you have breached, or suspect that you have breached, any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for any amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules that we post on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the writing.

SECTION 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 - CHANGES TO THE TERMS OF USE
You may review the current version of the Terms of Use 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 Use by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to our website or service following the posting of changes to these Terms of Use will mean that you accept those changes.

SECTION 20 - TEXT MESSAGE MARKETING.
By subscribing to uplivings SMS, you agree to receive automated marketing messages from us about our products and services to the telephone number you provided when you signed up, and that the messages may be sent via an automated telephone system or other technology. The messages will be recurring. Consent is not a condition of purchase. Charges may apply for messages and data. Respond to STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe and HELP to get customer service. You may receive an additional text message confirming your decision to unsubscribe. You understand and agree that attempting to unsubscribe by means other than sending the unsubscribe commands above is not a reasonable way to unsubscribe.

SECTION 21 - CONTACT INFORMATION.
Questions regarding the Terms of Service should be directed to info@uplivings.com