OVERVIEW
Welcome to Zvelt! The terms “we”, “us” and “our” refer to Zvelt. Zvelt operates this store and this website, including all information, content, features, tools, products and related services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Zvelt is powered by Shopify, which enables us to provide the Services to you.

The Terms of Use below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain 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 by our Privacy Policy. If you do not agree to these Terms of Service or to this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent of yours to use the Services on devices you own, purchase or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products and services accurately in our online stores. Please note, however, that the colours or the appearance of the products may differ from the way they appear on your screen because of the type of device you use to access the store, and of the settings and configuration of that device.
We do not guarantee that the appearance or the quality of the products or services you purchase will meet your expectations, or will be the same as described or rendered in our online stores.
All product descriptions 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 we may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Zvelt reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Zvelt has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Zvelt may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, if we modify or if we cancel an order, we will try to notify you at the email address, billing address and/or telephone number provided at the time of the order.
Your purchases may be returned or exchanged only 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 – PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or a service is the price in effect at the time the order is placed, and it will be stated in your order confirmation email. Unless stated otherwise, the prices displayed do not include taxes, shipping and handling costs, or customs or import fees.
The prices displayed in our online stores may differ from the prices offered in physical stores, or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that affect prices and that are governed by terms of use separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to update your account and other information promptly, including your email address, your credit card numbers and their expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) the amounts you are charged will be honoured by your credit card issuer, and (iv) you will pay the amounts charged to you at the prices displayed, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, by customs processing or by events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all registered trademarks, trademarks, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are the property of Zvelt, its affiliates or its licensors, and are protected by American and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit the material of the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Zvelt, Shopify or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved to Zvelt.
The Zvelt names, logos, product and service names, designs and slogans are trademarks of Zvelt or of its affiliates or licensors. You must not use these trademarks without the prior written consent of Zvelt. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or influence over.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranty, representation or condition of any kind, and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Any use you make of the optional tools offered on the site is entirely at your own risk and discretion, and you should make sure that you are familiar with, and approve of, the terms on which the tools are provided by the relevant third-party supplier or suppliers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Those new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or the accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access those materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damage related to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the third party concerned.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Zvelt is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make in our Store are made directly with Zvelt. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Zvelt, including any harm, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchases and your transactions with Zvelt.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be consulted here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be consulted here. By using the Services, you acknowledge that you have read those privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one where you reside, in order to provide services to you. See our privacy policy for more detail on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and fully royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use the rights this licence gives us to operate, provide, evaluate, strengthen, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all the rights necessary to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, nor computer viruses or other malicious software that could in any way affect the operation of the Services or of any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We assume no responsibility for any Feedback posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
There may be occasions when information on or in the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or national regulation, rule or law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our judgment, may harm Zvelt, Shopify or the users of the Services, or expose them to liability.
In addition, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or of any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe you have breached any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 – WARRANTY DISCLAIMER
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of that information. Any reliance you place on it is strictly at your own risk. We disclaim all liability arising from the reliance placed on that content by you, by any other visitor to the Services, or by anyone informed of its contents.
EXCEPT AS EXPRESSLY STATED BY Zvelt, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Zvelt, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR OF ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zvelt, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to a third party because of or arising from (1) your breach of these Terms of Service or of the documents they incorporate by reference, (2) your violation of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, it being understood that a failure to notify promptly will not release you from your obligations unless you suffer material prejudice. We may control the defence and settlement of that claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Zvelt has its head office. You and Zvelt consent to the venue and personal jurisdiction of those courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time.
We reserve the right, at 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. We will notify you of any material change to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Continuing to use or access the Services after the posting of any change to these Terms of Service constitutes acceptance of that change.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@zvelt.ca.
Our contact information is posted below:
info@zvelt.ca