Being Custom
TERMS OF SERVICE
Welcome to Being Custom Terms of Service page.
Operational control of this website rests with the entity known as Being Custom.
Throughout the digital landscape, the designations “we,” “us,” and “our” denote Being Custom.
Throughout the digital landscape, the designations “we,” “us,” and “our” denote Being Custom. Being Custom extends this online domain’s utility, including all data, utilities, and provisions offered to you, the end user. However, your right to access and utilize this content hinges upon your acceptance of the comprehensive stipulations, conditions, protocols, and notifications.
Upon entering our virtual realm and partaking in a transaction, you become a participant in our “Service” and thereby commit to compliance with the ensuing framework of provisions and clauses (“Terms of Service,” “Terms”). This encompasses supplementary stipulations, conditions, and policies linked within or available through hyperlinks. These intricate Terms of Service extend to all patrons of the website, including, without exception, surfers, merchants, customers, traders, and creators of content.
Your deliberate and thorough perusal of these Terms of Service is indispensable before navigating or interacting with our website. By accessing or exploiting any platform segment, you accede to the binding nature of these Terms of Service. If you are disinclined to accept the totality of the terms and conditions featured in this agreement, access to the website and utilization of its utilities are thereby forfeited. Should these Terms of Service be construed as a formal offer, your acceptance is expressly circumscribed to these Terms of Service.
The scope of these Terms of Service inherently encompasses any novel functionalities or tools appended to the prevailing storefront. All such augmentations shall be subject to these existing Terms of Service. Monitoring the most up-to-date version of these Terms of Service is pivotal and can be executed anytime from this page. We uphold the prerogative to revise, modify, or supplant any fragment of these Terms of Service by disseminating pertinent updates and changes through our online portal. It is incumbent upon you to periodically assess this page for any updates. Your continued interaction with the website after posting alterations constitutes your acquiescence to these amendments.
Our web outlet is hosted on the infrastructure provided by Shopify Inc. They deliver an online e-commerce platform that authorizes us to market our goods and services to you.
CHAPTER 1 – DIGITAL MARKETPLACE TERMS
By subscribing to these Terms of Service, you assert that you have reached the age of legal majority in your domicile’s jurisdiction or that you are the age of majority as prescribed by your regional statute. Moreover, you approve any of your dependent minors to employ this site. Your application of our products for any illicit or unauthorized objectives is proscribed. Similarly, you are disallowed from contravening any of your locale’s laws in your utilization of the Service, which incorporates but is not confined to, statutes related to intellectual property rights.
You are strictly prohibited from transmitting worms, viruses, or any malevolent code with a propensity to inflict damage. Transgression of any stipulations outlined will result in the immediate curtailment of the services accorded to you.
SECTION 2 – UNIVERSAL CONDITIONS
We retain the prerogative to deny service to any individual for any rationale. You comprehend that your submissions, aside from credit card particulars, might undergo unencrypted transfer and potentially traverse multiple networks while adapting to the structural requirements of interconnected networks and devices.
Safeguarding credit card data is always effectuated via encryption during its traversal through networks.
It is incumbent upon you to abstain from duplicating, reproducing, vending, reselling, or exploiting any proportion of the Service, utilization of the Service, or access to the Service, or any link on the website enabling the supply of the Service devoid of our express written authorization. The titles featured in this agreement are incorporated for convenience and confer no restrictive or augmentative effect on these Terms.
SECTION 3 – PRECISION, COMPREHENSIVENESS, AND TEMPORAL ADHERENCE OF INTEL
We disavow any responsibility for the accuracy, totality, or timeliness of the data accessible on this site. The content on this platform is disseminated solely for general purposes. It ought to be resorted to, or relied upon, exclusively in conjunction with primary, meticulously accurate, thorough, and timely sources of information, as the bedrock for forming decisions.
Any reliance on the material present on this portal is undertaken at your peril. Historical data might be featured on this site, yet its applicability is not contemporaneous and is furnished exclusively as a point of reference. The prerogative to revise the constituents of this site at any point in time is upheld by us; however, there exists no obligation to refresh any data on this platform.
You are responsible for overseeing alterations to our site.
SECTION 4 – TRANSFORMATIONS TO SERVICE AND COSTS
Prices assigned to our merchandise are susceptible to change without antecedent notification. We conserve the prerogative to amend or rescind the Service (or any portion or content thereof) sans prior intimation at any juncture. You shall not have the prerogative to impugn us, whether you are a direct recipient or a third party, for any modifications, pricing fluctuations, halts, or discontinuances concerning the Service.
SECTION 5 – COMMODITIES OR UTILITIES (if relevant)
Certain commodities or utilities may be exclusively accessible through the online domain. Availability may be restricted, and returns or exchanges shall adhere to our Return Policy.
We have undertaken every feasible measure to accurately portray the hues and visual representations of our commodities showcased at the store. Nonetheless, we cannot ensure precise emulation of colours on your computer monitor’s display.
The discretion to curtail the sale of commodities or utilities to any individual, regional zone, or jurisdiction is reserved. This judgment might be executed on a case-by-case basis.
SECTION 6 – ACCURACY OF FINANCIAL AND ACCOUNT PARTICULARS
We retain the prerogative to turn down any order you place with us. At our own volition, we may restrict or cancel quantities procured on an individual, familial, or order basis. These constraints might encompass orders placed through the same customer account or credit card involving the same billing and shipping information. Should we affect any changes or cancellations to the order, we shall endeavour to apprise you via the email and billing address/phone number you have furnished. This website reserves the prerogative to restrict or proscribe orders that, in our solitary judgment, appear to be the handiwork of dealers, resellers, or distributors.
You accede to providing contemporaneous, all-encompassing, and precise purchase and account information in all acquisition cases from our store. It is your responsibility to promptly update your account and related information, including but not limited to email addresses, credit card details, and expiration dates. This permits us to consummate your transactions and communicate with you as necessary.
Further elucidation on this matter can be gleaned by consulting our Returns Policy.
SECTION 7 – ADDITIONAL RESOURCES
We may endow you with access to third-party utilities which are neither supervised nor influenced by us. You acknowledge and concede that our provision of access to these utilities occurs on an “as is” and “as available” basis, sans warranties, representations, or conditions, and without any endorsement. We disavow any liability stemming from your utilization of optional third-party utilities. Utilizing optional utilities offered through this portal remains entirely at your risk and discretion. Assiduousness in acquainting yourself with the terms stipulated by third-party providers is a requisite before engaging with these utilities. We may also unveil fresh services and attributes through our website (which could encompass novel utilities and resources). These Terms of Service shall equally bind these recent services and features.
SECTION 8 – EXTERNAL REFERENCES
A segment of our Service, including content, commodities, and utilities, may incorporate materials from third parties. The presence of third-party links on this platform may redirect you to external websites bereft of any affiliation with us.
Appraisal or validation of the content or precision thereof does not fall within our purview. We will neither assume accountability nor responsibility for third-party materials, websites, other merchandise, utilities, or services linked to third parties. We cannot be held responsible for any damage or detriment from acquiring or utilizing goods, services, resources, content, or other transactions conducted with third-party websites. It is suggested that you thoroughly inspect the policies and methodologies of third parties and ensure your comprehension before partaking in any transactions. Any grievances, assertions, apprehensions, or inquiries relating to third-party merchandise should be communicated directly to the concerned third party.
SECTION 9 – OBSERVER REMARKS, ASSESSMENT, AND SUBMISSIONS
Should you, upon our request or sans our recommendation, dispatch specific submissions (such as contest entries), or if you independently disseminate creative notions, recommendations, proposals, schemes, or supplementary materials, be it through online channels, email, postal service, or any alternative means, collectively deemed as “comments,” it is understood that we possess the unqualified liberty to edit, duplicate, publish, disseminate, translate, and employ in any medium, at any time, any comments you transmit to us. No reservations exist concerning:
(1) preservation of comments in confidence;
(2) remuneration for comments;
(3) acknowledgement of comments.
In addition, we reserve the right (though not the obligation) to monitor, revise, or eradicate content that we, exclusively at our discretion, discern as unlawful, offensive, menacing, defamatory, libellous, indecent, or otherwise objectionable or that infringes upon intellectual property rights or the stipulations of these Terms of Service. It is incumbent upon you to warrant that your comments do not infringe upon the rights of third parties, including copyrights, trademarks, privacy, persona, or other personal or proprietary entitlements. Furthermore, your comments should eschew libellous, unlawful, abusive, or vulgar content. They must refrain from embedding any computer viruses or malicious codes with the potential to jeopardize the operational capacity of the Service or any related website. False pretences in email addresses, impersonation of another individual, or misleading of either third parties or us as to the origin of comments is strictly prohibited. The onus rests upon you to ensure your comments’ accuracy. We bear no responsibility and assume no liability for any comments you or any third party issued.
SECTION 10 – PRIVACY PARTICULARS
Our Privacy Policy regulates the submission of personal data in the store. Please consult our Privacy Policy for further insights.
SECTION 11 – ERRATA, INEXACTITUDE, AND OMITTED MATERIAL
There may be instances where information disseminated on our platform or through the Service might incorporate typographical errors, inaccuracies, or omissions with implications for product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We uphold the prerogative to correct any errors, inaccuracies, or omissions and to alter, update, or rescind information or even cancel orders if any content on the Service or any related website is proven to be erroneous, devoid of antecedent intimation (even after your submission of an order).
We are not mandated to revise, amend, or elucidate information on the Service or any related website unless such action is necessitated by legislation. A designated update or rejuvenation date featured on the Service or any related website does not allude to any comprehensive modification or overhaul of the information on the Service or related website.
SECTION 12 – DISALLOWED UTILIZATION
Apart from other proscribed activities enumerated in the Terms of Service, the employment of the website or its contents for any of the ensuing purposes is strictly prohibited:
(a) Engagement in any unlawful endeavour;
(b) Encouragement or solicitation of others to partake in unlawful acts;
(c) Violation of international, federal, provincial, or state regulations, statutes, laws, or local ordinances;
(d) Infringement upon or violation of our intellectual property rights or those of third parties;
(e) The perpetration of harassment, abuse, insults, harm, defamation, slandering, disparagement, intimidation, or discrimination founded on attributes such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submission of fraudulent or misleading information;
(g) Uploading or transmission of viruses or any form of malicious code capable of impairing the functionality or operation of the Service or any related website, third-party websites, or the Internet;
(h) Aggregating or tracking the personal details of others;
(i) Proliferation of spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) Engagement in obscenity or actions of an immoral nature;
(k) Hindering or circumventing the security mechanisms of the Service or any related website, other websites, or the Internet. We uphold the prerogative to terminate your access to the Service or any related website if these prohibited uses are transgressed.
SECTION 13 – NON-GUARANTEE CLAUSE – LIABILITY CAP
We disclaim any undertaking, representation, or warranty that your usage of our service will be uninterrupted, timely, secure, or devoid of errors. Nor do we vouch for the accuracy or reliability of results attained through the usage of the service. You concur that we may intermittently withdraw the service for indeterminate spans or terminate it outright without prior intimation. It is unequivocally stipulated that your utilization or inability to utilize the service rests squarely on your shoulders.
The service and all products and services furnished through it are disseminated “as is” and “as available,” with no express or implicit representation, warranty, or stipulation. This includes but is not confined to, all implicit warranties or conditions of merchantability, marketable quality, adequacy for a distinct purpose, endurance, entitlement, and non-infringement.
In no event shall Being Custom, along with its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any variety. This includes, yet is not restricted to, lost profits, diminished revenue, squandered savings, data loss, replacement costs, or any analogous loss, regardless of the legal basis, be it in the realm of contract, tort (including negligence), strict liability, or other, whether or not the probability of such damage was anticipated. This encompasses errors or omissions in the content or any detriment or damage sustained as an outcome of employing the service or content (or products) that was posted, transmitted, or rendered available through the service, even if the possibility of such repercussions was made manifest.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is barred, our liability shall be capped to the maximum degree authorized by the law of that jurisdiction.
SECTION 14 – INDEMNIFICATION OBLIGATIONS
You pledge to indemnify, shield, and exempt Being Custom and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any assertion or demand. This includes reasonable legal costs incurred by a third party from your infringement of these Terms of Service or the documents referenced therein. Similarly, if you breach the law or infringe upon the rights of a third party, you will be held accountable.
SECTION 15 – SEVERABILITY ASSERTION
Should any provision within these Terms of Service be deemed unlawful, invalid, or unenforceable, it shall not vitiate the validity of these Terms of Service. Rather, the unenforceable section shall be severed, with the remaining provisions retaining their full force and effect.
SECTION 16 – CONTRACTUAL CONCLUSION
The obligations and liabilities assumed by both parties before the date of termination shall continue to be in force post-termination. This contract shall remain operational until either party terminates it. Termination may transpire at your behest, as well as ours. We reserve the right, at our sole discretion, to terminate the agreement if you fail to comply with its stipulations. You shall remain accountable for all outstanding dues until the termination date. Furthermore, your access to the Service (or its components) may be curtailed.
SECTION 17 – ENCOMPASSING AGREEMENT
Refraining from exercising or enforcing any right or provision delineated in these Terms of Service shall not be construed as a waiver of said right or provision. These Terms of Service, coupled with any policies or operational guidelines we post on this platform or in connection with the Service, embody the entirety of the agreement and comprehension between you and us. This accord governs your use of the Service, superseding all prior or contemporary agreements, communications, and overtures, whether verbal or written, between you and us. The debatable interpretation of these Terms of Service shall not be leveraged to the disadvantage of the party responsible for drafting them.
SECTION 18 – LEGAL GOVERNANCE
The Terms of Service, coupled with separate agreements related to the provisioning of Services, are governed by the laws of the United States.
SECTION 19 – ALTERATIONS TO THE TERMS OF SERVICE
The latest iteration of the Terms of Service can be perused on this page at your discretion. We reserve the right, singularly at our discretion, to modify, amend, or replace any aspect of the Terms of Service by publishing updates on our website. You bear the responsibility of periodically checking this page for changes. Your continued utilization of the website or the Service after these alterations will signify your acceptance of these revisions.
SECTION 20 – POINTS OF CONTACT
Please contact us if you have any questions regarding the Terms of Service.