Terms of service

OVERVIEW

Welcome to Kahma Supplements. The terms "we", "us" and "our" refer to Kahma Supplements. Kahma Supplements 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"). Kahma Supplements is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, 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 our 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 province, territory, state or jurisdiction of residence, or that you have given consent to allow any of your minor dependants 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 information, payment information 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 such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 and descriptions of products and services offered through our online store. However, colours, packaging and product appearance may differ from how they appear on your screen due to your device, display settings, manufacturer packaging changes or other factors.

We do not warrant that the appearance of products purchased through the Services will be identical to images displayed online.

All product descriptions, availability and specifications are subject to change without notice. We reserve the right to discontinue products at any time and may limit quantities available to any person, geographic region or jurisdiction.

Product information provided through the Services is for general informational purposes and is not intended to replace professional medical or healthcare advice. Customers are responsible for reviewing product labels, ingredients, warnings and directions and for consulting an appropriate healthcare professional when necessary.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Kahma Supplements reserves the right to accept or decline an order for any lawful reason at our discretion.

Your order is not accepted until Kahma Supplements confirms acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has been accepted or prepared.

If we decline, modify or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.

Purchases are subject to our Return and Refund Policy and any applicable Returns & Exchanges terms published on our website.

You represent and warrant that purchases made through the Services are for lawful purposes. Products may not be purchased or resold in violation of applicable law or manufacturer restrictions.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will generally be the price in effect when the order is placed and will be displayed during checkout and/or in your order confirmation.

Unless expressly stated otherwise, displayed prices may not include applicable taxes, shipping, delivery, handling, customs or import charges.

Prices and promotions available through our online store may differ from prices or promotions offered at physical Kahma Supplements locations. Individual locations, online promotions or third-party sales channels may occasionally offer different pricing.

Promotions may be governed by additional terms and conditions. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through the Services.

You represent and warrant that you are authorized to use the payment method submitted for a purchase and that the information provided is accurate.

SECTION 5 - SHIPPING, DELIVERY AND STORE PICKUP

Shipping, local delivery and store pickup availability may vary depending on the customer's location, selected products, inventory availability and participating Kahma Supplements location.

Delivery and processing times displayed or communicated to customers are estimates unless expressly stated otherwise and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, traffic, customs processing, supply interruptions or other events outside our reasonable control.

Customers are responsible for providing complete and accurate shipping and contact information.

Where store pickup is available, customers should wait until they receive confirmation that their order is ready before travelling to the selected pickup location.

Pickup availability depends on inventory at the selected location, and some products may not be available for pickup at every Kahma Supplements store.

Additional information is available through our Shipping & Delivery and Store Pickup pages.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, website design, selection and arrangement of content, are owned by Kahma Supplements, its affiliates, licensors or other respective rights holders and are protected by applicable Canadian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

Except where permitted by applicable law, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without the appropriate authorization.

Nothing in these Terms grants you a licence or other rights to any patent, trademark, copyright or other intellectual property belonging to Kahma Supplements, Shopify or any third party except as expressly stated.

Kahma Supplements names, logos, designs and slogans used through the Services may be trademarks or other protected intellectual property of Kahma Supplements, its affiliates or licensors and may not be used without appropriate permission.

Shopify's names, logos and trademarks belong to Shopify. Other product names, logos, brands and trademarks displayed through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services.

We may not monitor or control such third-party tools and provide access to them on an "as is" and "as available" basis, subject to applicable law.

Your use of third-party tools is at your own risk and discretion. You should review and understand the terms and policies governing those third-party services.

We may introduce new features, tools and resources through the Services in the future. Such features will also form part of the Services and will be subject to these Terms where applicable.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, integrations or hyperlinks to websites and services provided or operated by third parties.

We are not responsible for examining or evaluating the accuracy, content, security or practices of third-party websites or services.

If you leave our Services to access a third-party website or service, you do so subject to that third party's terms and policies.

We are not responsible for losses or damages arising from transactions between you and an independent third party except where responsibility cannot lawfully be excluded.

Questions, concerns or claims regarding products or services supplied directly by a third party should generally be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Kahma Supplements is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly with Kahma Supplements, not Shopify.

By using the Services, you acknowledge that Shopify is the technology platform supporting the online store and is not the seller of products purchased from Kahma Supplements.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages or liabilities arising from products sold directly by Kahma Supplements.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its platform and related services.

Information submitted through the Services may be transmitted to Shopify and other service providers that may process information in Canada or other jurisdictions.

Please review our Privacy Policy for more information regarding how personal information is collected, used, disclosed and protected.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us, to the extent permitted by applicable law, the rights reasonably necessary to use, reproduce, publish, distribute and display that Feedback in connection with operating, evaluating, improving and promoting the Services.

You represent that you have the necessary rights to provide such Feedback and that your Feedback does not unlawfully infringe the rights of another person.

Where required, you are responsible for disclosing compensation or incentives associated with reviews or other Feedback.

We may monitor, moderate or remove Feedback that violates applicable law, these Terms or the rights of another person.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, inventory or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel affected orders where permitted by applicable law.

Nothing in this section limits rights that consumers may have under applicable consumer protection legislation.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

(a) violate applicable international, federal, provincial, territorial or local laws or regulations;

(b) infringe the intellectual property, privacy or other legal rights of another person;

(c) harass, abuse, threaten, defame or unlawfully discriminate against another person;

(d) submit knowingly false or misleading information;

(e) distribute malware, viruses or malicious code;

(f) send spam, phishing messages or other unauthorized solicitations;

(g) impersonate another person or entity;

(h) collect or track personal information unlawfully;

(i) interfere with or circumvent security, authentication, access-control or other protective measures associated with the Services; or

(j) otherwise use the Services in a manner that is unlawful or that materially interferes with another person's use of the Services.

We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED TOOLS AND AGENTS

Where automated software, artificial intelligence systems, bots or other autonomous or semi-autonomous tools ("Agents") interact with the Services, they must comply with applicable laws, these Terms and any technical access requirements communicated by Kahma Supplements or Shopify.

Agents must not misrepresent automated activity as human activity, circumvent security controls, bypass CAPTCHAs or other protective measures, or access portions of the Services where automated access has been prohibited.

We may restrict or technically limit automated access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where permitted by applicable law, including where these Terms are violated.

You remain responsible for amounts properly owing up to the effective date of termination.

Provisions which by their nature are intended to survive termination will continue to apply, including provisions concerning intellectual property, liability, indemnification, privacy and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

Although we make reasonable efforts to provide accurate information, we do not guarantee that all information will always be complete, current or error-free.

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Nothing in these Terms excludes, restricts or modifies any warranty, condition, right or remedy that cannot lawfully be excluded or restricted under applicable consumer protection legislation.

Products sold by Kahma Supplements may also be subject to warranties or guarantees provided by their manufacturers.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Kahma Supplements and its affiliates, partners, directors, officers, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from the use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability where such liability cannot legally be excluded or limited.

Your statutory rights under applicable Canadian and Ontario consumer protection laws are not affected by provisions that cannot lawfully modify or waive those rights.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Kahma Supplements, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses or liabilities arising from your material breach of these Terms, your unlawful use of the Services or your violation of another person's rights.

Any indemnification obligation under this section is subject to applicable law.

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 applicable law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with policies and other terms incorporated by reference, constitute the agreement governing your use of the Services to the extent permitted by applicable law.

Any ambiguity in these Terms will be interpreted in accordance with 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 may lawfully be required.

We may assign or transfer our rights and obligations in connection with a sale, restructuring, corporate transaction or transfer of the Services, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services will be governed by the applicable laws of the Province of Ontario and the federal laws of Canada applicable therein, without limiting any mandatory rights or protections available to consumers under applicable law.

Subject to applicable consumer protection legislation and other mandatory jurisdictional requirements, disputes relating to these Terms or the Services will be subject to the jurisdiction of the courts of Ontario, Canada.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service on this page.

We reserve the right to update or modify these Terms from time to time by publishing an updated version through the Services.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Kahma Supplements
295 Queen St E, Unit 4A
Brampton, Ontario L6W 1X9
Canada

Email: kahmasupplementsgta@gmail.com
Phone: 905-460-4040