Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Elyoura! The terms “we”, “us” and “our” refer to Elyoura. Elyoura 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”). Elyoura is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 territory 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, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all 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 activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services. However, colours, packaging or product appearance may differ from how they appear on your screen due to your device, display settings or other factors.

We do not guarantee that the appearance of products purchased will be identical to images displayed on our online store.

Product descriptions, availability and specifications may be changed at any time without notice. We reserve the right to discontinue products and may limit quantities available to any person, geographic region or jurisdiction.

Nothing in these Terms excludes any rights or guarantees that cannot lawfully be excluded under the Australian Consumer Law.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Elyoura reserves the right to accept or decline your order for legitimate reasons, including product availability, suspected fraud, pricing errors or payment issues.

Your order is not accepted until Elyoura confirms acceptance and payment has been successfully processed.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been processed or dispatched.

If we decline, change or cancel an order, we will attempt to notify you using the email address, billing information and/or telephone number provided with your order.

Purchases and remedies are subject to our Return and Refund Policy and your rights under applicable law, including the Australian Consumer Law.

You represent that purchases are for lawful purposes and not for unauthorised commercial resale.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will generally be the price displayed when your order is placed, subject to correction of genuine pricing or technical errors as permitted by law.

Applicable shipping charges, taxes or other charges will be displayed where required during checkout.

We may occasionally offer promotions governed by additional terms and conditions.

You agree to provide current, complete and accurate purchase, payment and account information.

You represent that you are authorised to use any payment method submitted with your order and agree to pay all valid charges associated with your purchase.

SECTION 5 – SHIPPING AND DELIVERY

Delivery timeframes displayed by Elyoura are estimates unless expressly stated otherwise.

Delays may occur because of carriers, customs, weather, high order volumes or other circumstances outside our reasonable control.

Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including our trademarks, branding, text, graphics, photographs, videos, designs and other original content, are owned by Elyoura or used under licence and may be protected by applicable intellectual property laws.

The Services are provided for your personal, non-commercial use.

Unless permitted by law or authorised by us, you must not reproduce, distribute, modify, publicly display, republish, download, commercially exploit or otherwise use protected materials from the Services without permission.

Elyoura’s name, logo, product names, designs and branding may not be used without appropriate permission.

Shopify’s trademarks and intellectual property remain the property of Shopify or its respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or services supplied by third parties that we do not control.

Such tools may be provided “as is” and “as available”, subject to applicable law and the terms of the relevant third-party provider.

Your use of optional third-party tools is at your discretion, and you should review the applicable provider’s terms and policies.

We may introduce additional features, tools and resources in the future. Such features may form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for third-party websites or their content, products, privacy practices or services except to the extent required by applicable law.

You should review the policies and terms of third-party websites before making transactions through them.

Questions or concerns regarding third-party products or services should generally be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Elyoura is powered by Shopify, which provides technology that enables us to operate our online store.

Sales and purchases made through our store are transactions between you and Elyoura, except where otherwise stated.

Shopify’s involvement in providing the ecommerce platform does not make Shopify the seller of Elyoura products.

Nothing in this section excludes any responsibility that cannot legally be excluded.

SECTION 10 – PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted through Shopify, Shopify and other service providers may process information necessary to provide ecommerce, payment, security, analytics and related services.

Please review our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.

SECTION 11 – FEEDBACK AND REVIEWS

If you voluntarily submit reviews, suggestions, ideas, feedback, photographs or other content (“Feedback”), you grant Elyoura permission to use that Feedback for legitimate business purposes, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that it does not infringe the rights of another person.

Feedback must not contain unlawful, defamatory, abusive, obscene, fraudulent or malicious material.

You must not submit fake reviews, impersonate another person or deliberately provide misleading information.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information on our Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, transit times or availability.

We reserve the right to correct errors and update information where permitted by law.

If an error affects an order you have already placed, we will deal with the matter consistently with applicable consumer law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to violate laws or regulations; infringe intellectual property or privacy rights; harass, abuse, threaten or harm others; transmit deliberately false or misleading information; distribute malware or malicious code; conduct fraudulent activity; impersonate another person or entity; spam or phish users; improperly collect personal information; interfere with security features; or otherwise misuse the Services.

We may restrict or terminate access where we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 – AUTOMATED ACCESS AND AGENTS

Automated systems, bots, software agents and similar technologies must not access or interact with our Services in a manner that circumvents security controls, interferes with the operation of the Services or violates applicable laws or our technical restrictions.

We may implement reasonable technical measures to control automated access to our Services.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, subject to applicable law.

Any obligations or rights that by their nature should continue after termination will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through our Services is intended for general informational purposes.

To the maximum extent permitted by law, we do not guarantee that access to our Services will always be uninterrupted, secure or error-free.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot legally be excluded, including rights under the Australian Consumer Law.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Elyoura and its officers, employees, contractors and service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the Services.

This limitation does not apply where liability cannot legally be excluded or limited, including where applicable under the Australian Consumer Law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Elyoura against reasonable losses, liabilities or claims resulting from your unlawful use of the Services, material breach of these Terms or infringement of another person’s rights.

Nothing in this section limits rights or protections that cannot legally be limited.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

A failure by Elyoura to immediately exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with policies referenced by them, constitute the agreement governing your use of the Services, subject to rights arising under applicable law.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is legally required.

Elyoura may transfer its rights and obligations where permitted by law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws applicable in Queensland, Australia.

You and Elyoura submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland, Australia, subject to any rights you may have under applicable consumer legislation.

SECTION 23 – HEADINGS

Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time.

The latest version will be made available through our website. Where required by law, we will provide appropriate notice of material changes.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

Elyoura
Email: mrsingh901141@gmail.com
Address: 27 Collingrove Cct, Pimpama QLD 4209, Australia
Phone: +61 426 293 322