TERMS OF SERVICE
TERMS OF USE
Definitions
This website is operated by MINIMALITY THE LABEL, INC. Throughout the site, the terms “we”, “us” and “our” refer
to MINIMALITY THE LABEL, INC.
GENERAL
Welcome to MINIMALITY THE LABEL. The website, shopminimality.com, minimalitylabel.com, and
minimalitythelabel.com (Each of which comprise “the Site”) is comprised of various web pages operated by
MINIMALITY THE LABEL (“MINIMALITY”). Your use of the Site constitutes your agreement to all such terms. Please
read these terms carefully, and keep a copy of them for your reference.
If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this
Site. We reserve the right to revise these terms and conditions from time to time. Your use of the Site following any changes indicates your agreement to be bound by those modifications, without notice.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any addition to the Site shall be subject to these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SHOPIFY
A. General
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
B. Shopify Payment
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service
providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
WEBSITE USE POLICY
A. User
By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. MINIMALITY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If, you are under 18, you may use the Site only with permission of a parent or guardian and by continuing, you represent that you have obtained such permission.
B. Prohibitions
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its
content in any of the following circumstances:
1. Using a false password belonging to another user or accessing data not intended for the user or logging into
a server or account which such user is not authorized to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is
compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or
authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing";
5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
or
7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up
messages or advertising, running or displaying this Site or any Site content in frames or through similar
means on another Site, or linking to the Site or any page within the Site, without our specific written
permission.
8. Transmitting any worms or viruses or any code of a destructive nature.
9. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on our website through which the service is provided, without express written
permission by us.
10. To collect or track the personal information of others
11. To transmit, post, download, distribute, copy, display publicly, store or destroy material
12. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
C. General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use.
D. Violations
A breach or violation of any of the Terms will result in an immediate termination of your Services.
E. Conditions
You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using our
website or any Services as permitted and in accordance with these Terms. You will be responsible for any cost,
expense, fee, liability of any kind, and attorney’s fees that we incur if you break the law, misuse the Services or
information we provide, or breach these Terms.
INFORMATION ACCURACY
A. General
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product
descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
You agree that it is your responsibility to monitor changes to our site.
B. Services and Prices
MINIMALITY, in its sole discretion, reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
C. Product Sales
MINIMALITY reserves the right to limit sales, or services offered to any person, geographic region, or jurisdiction.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
WARRANTIES
Description of products do not create any express warranty. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind. MINIMALITY THE LABEL, INC. makes no express
warranties beyond that which is required by law. MINIMALITY THE LABEL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. Buyers rights regarding rejection and revocation will be solely limited to that of the Remedies section stated herein. Further, no warranties or conditions are made regarding durability, title, and non-infringement.
REMEDIES
If a product offered on our website is not as described, your sole remedy is to return it to us. Please see our Return Policy for details or contact our Customer Service.
OWNERSHIP
All content of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of MINIMALITY or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. Our website and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MINIMALITY content is not for resale.
Your use of this Site does not entitle you to make any unauthorized use of any protected content.
All product and service names, all graphics, and all trademarks, service marks and logos appearing within the
website and Services unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of us. You are not authorized to display or use Company Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within our website and Services without the prior written permission of such owners. The use or misuse of Company Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. If we cancel your order, we may attempt to notify you based on the contact
information provided at the time of purchase.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PRIVACY TERMS
When you purchase something from our store, as part of the buying and selling process, we collect the personal
information you give us such as your name, address and email address. When you browse our store, we also
automatically receive your computer’s internet protocol (IP) address in order to provide us with information that
helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
USER COMMENTS , FEEDBACK, ELECTRONIC MAIL, AND OTHER SUBMISSIONS
You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that MINIMALITY THE LABEL may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any products or services, or for such other purpose(s) as MINIMALITY deems appropriate. You agree that we may use and/or disclose information consistent with this agreement and as required by law.
THIRD PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent
necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
THIRD-PARTY LINKS
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
LIMITATION OF LIABILITY
In no case shall MINIMALITY THE LABEL, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using
the service, or for any other claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SEVERABILITY
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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). YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO OUR WEBSITE AND SERVICES.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES
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.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.