Terms of service

Terms of Service

OVERVIEW

Welcome to Kangorango. Throughout these Terms, the words “we,” “us,” and “our” refer to Kangorango. We operate this website, store, and all related content, features, tools, products, and services to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use our Services.

Please read these Terms carefully. They contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, using, or purchasing from our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, please do not use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents using devices owned, purchased, or managed by you to access the Services.

To use certain parts of our Services, including browsing our store or placing an order, you may be asked to provide information such as your name, email address, billing details, payment information, and shipping information. You agree that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to display our products and services as accurately as possible. However, colors, finishes, and product appearance may vary depending on your screen, device settings, and viewing conditions.

Because many of our products are hand-painted, handmade, and personalized, slight variations may occur and are part of the unique character of each item. We do not guarantee that the appearance of any product will be exactly identical to the images shown on our store.

All product descriptions, pricing, and availability 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 to limit quantities offered to any person, household, region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept, refuse, limit, or cancel any order at our discretion. An order is not considered accepted until payment has been received and processed and we confirm acceptance.

Please review your order carefully before submitting it, especially for personalized items. Once an order has been placed, we may not be able to accommodate cancellation requests. If we need to cancel, refuse, or modify an order, we will attempt to notify you using the email address, billing address, or phone number provided at checkout.

All purchases are subject to our Refund Policy [LINK].

You agree that all purchases are for personal or household use only and not for resale, export, or other commercial purposes unless expressly approved by us.

SECTION 4 - PRICES AND BILLING

All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed, as shown in your order confirmation.

Unless otherwise stated, prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

We may occasionally offer promotions or discounts that are governed by separate terms. If there is any conflict between promotional terms and these Terms of Service, the promotional terms will control.

You agree to provide accurate, complete, and current purchase and account information for all orders. You agree to promptly update your information, including your email address, billing details, and payment information, so we can complete your transaction and contact you if needed.

By placing an order, you represent and warrant that:

  1. the payment information you provide is accurate and complete;

  2. you are authorized to use the selected payment method;

  3. charges incurred by you will be honored by your payment provider; and

  4. you will pay all charges incurred, including shipping and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for shipping delays caused by carriers, customs, weather, or events outside our control.

Once an order has been transferred to the shipping carrier, title to and risk of loss for the products passes to you, to the extent permitted by applicable law.

Additional details about shipping, processing times, and delivery expectations may be set out in our Shipping Policy [LINK].

SECTION 6 - INTELLECTUAL PROPERTY

All content available through our Services, including but not limited to text, images, graphics, product designs, logos, videos, audio, branding, layout, and overall site design, is owned by Kangorango, its affiliates, licensors, or content suppliers and is protected by applicable intellectual property laws.

You may use our Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, republish, create derivative works from, publicly display, transmit, or otherwise exploit any part of the Services without our prior written consent.

Nothing in these Terms grants you any right, title, or license in or to any intellectual property belonging to Kangorango, Shopify, or any third party, except as expressly stated.

Kangorango’s name, logo, product names, designs, and slogans are trademarks or trade dress of Kangorango or its licensors and may not be used without prior written permission.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or features offered by third parties. These tools are provided “as is” and “as available,” without warranties, representations, or endorsements of any kind.

We do not control or monitor third-party tools and are not responsible for their content, function, or availability. Your use of any optional third-party tools is entirely at your own risk and subject to the terms of the relevant third-party provider.

Any future features, services, or tools added to the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Services may include links to third-party websites, services, or content that are not owned or controlled by Kangorango. We are not responsible for examining or evaluating the accuracy, content, or policies of those third-party websites.

If you choose to access any third-party website or service, you do so at your own risk. We are not liable for any loss or damage arising from your use of third-party websites, products, services, or content.

Please review the third party’s own terms and policies before engaging in any transaction or interaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kangorango 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 Kangorango. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kangorango, 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 Kangorango.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Because our store is hosted on Shopify, certain personal information may also be collected, processed, and stored by Shopify in accordance with Shopify’s Privacy Policy.

By using our Services, you acknowledge that you have read and understood the applicable privacy policies.

Information you submit through the Services may be transferred to Shopify and to third-party service providers, some of which may be located in countries other than your own, in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit reviews, ideas, suggestions, comments, or other feedback to us, you grant Kangorango a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that feedback in any medium for any lawful purpose, including marketing and improving our Services.

You represent that you own or control all rights in any feedback you submit and that your feedback does not violate any law or the rights of any third party.

We are under no obligation to keep feedback confidential, pay compensation for it, or respond to it.

We reserve the right, but are not obligated, to remove feedback that we determine to be unlawful, offensive, misleading, abusive, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

  • for any unlawful, fraudulent, or malicious purpose;

  • to violate any applicable law or regulation;

  • to infringe our intellectual property rights or those of others;

  • to harass, abuse, threaten, defame, or discriminate against any person;

  • to submit false or misleading information;

  • to send spam or other unauthorized promotional materials;

  • to impersonate any person or entity; or

  • in any way that could harm Kangorango, Shopify, or other users.

You also agree not to:

  • upload malicious code, viruses, or harmful software;

  • scrape, copy, reproduce, or exploit any portion of the Services without permission;

  • collect personal information of others without authorization;

  • interfere with the security or proper operation of the Services; or

  • use bots, crawlers, automated tools, or similar means to access the Services in violation of these Terms.

We reserve the right to suspend or terminate access to the Services if we believe you have violated these Terms.

SECTION 14 - AGENTS

14.1

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself and complies with the requirements set out below. No Agent may access the Services if we have requested that it stop doing so.

14.3

We may limit, restrict, or technically control whether and how any Agent accesses or interacts with the Services.

14.4

Agents must:

  1. identify themselves in HTTP/HTTPS requests using a user agent string that includes “Agent/[agent name]”;

  2. not conceal or misrepresent that access is being made by an Agent;

  3. respond truthfully to any request seeking to determine whether an interaction is from a human or computer; and

  4. not bypass any measures intended to block, limit, or control Agent access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or if we otherwise choose to discontinue the Services.

You remain responsible for all obligations incurred before termination.

Any provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through the Services is for general information only. We do not guarantee that the information is accurate, complete, reliable, or current.

Except as expressly stated by Kangorango, the Services and all products offered through them are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties 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, secure, or error-free.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Kangorango, its affiliates, partners, officers, directors, employees, agents, contractors, service providers, and licensors, and Shopify and its affiliates, will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising out of or related to your use of the Services or any products purchased through the Services.

This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kangorango, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, demand, liability, damage, loss, or expense, including reasonable attorneys’ fees, arising out of or related to:

  1. your breach of these Terms;

  2. your violation of any law or the rights of a third party; or

  3. your use of the Services.

We may assume control of the defense of any such claim at your expense, and you agree to cooperate with us in defending it.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remainder of the Terms will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on our website, constitute the entire agreement between you and Kangorango regarding your use of the Services and supersede any prior agreements or communications.

Any ambiguity in these Terms will not be interpreted against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void.

We may assign or transfer our rights and obligations under these Terms without notice or consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Kangorango is headquartered, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction.

SECTION 23 - HEADINGS

Headings in these Terms are included for convenience only and do not affect the interpretation of any provision.

SECTION 24 - CHANGES TO 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 to update, change, or replace any part of these Terms by posting updates to our website. Where required by law, we will notify you of material changes. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@kangorango.com.