Terms of service
OVERVIEW
Welcome to Samaloko! The terms “we,” “our,” and “us” refer to Samaloko. Samaloko operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Samaloko is a Shopify-powered store, which allows us to provide these Services to you.
The following Terms of Service, together with any related policies (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCOUNT & ACCESS
By using our Services, you confirm that you are at least the age of majority in your country or region of residence, or that you have given permission for any minor dependents to use the Services under your supervision. To access certain features or make purchases, you may be asked to provide personal information such as your email address, billing details, shipping address, and payment information. You agree that all information provided is accurate, complete, and up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
By accepting these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You are not permitted to transfer, sell, assign, or license your account to another person.
SECTION 2 – PRODUCTS & SERVICES
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as those described or displayed in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and 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. Samaloko reserves the right to accept or refuse your order for any reason whatsoever, at its discretion. Your order is not accepted until Samaloko has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please carefully review your order before submitting it, as Samaloko may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and that are governed by separate Terms of Use from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and all applicable taxes, where applicable.
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, customs processing, or events beyond our control. Once we transfer the products to the carrier, title of ownership and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, texts, displays, images, graphics, product reviews, videos and audio, as well as the design, selection, and arrangement thereof, are the property of Samaloko, its affiliates, or its licensors and are protected by U.S. 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 any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Samaloko, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Samaloko.
The names, logos, product and service names, designs, and slogans of Samaloko are trademarks of Samaloko or its affiliates or licensors. You must not use these trademarks without the prior written consent of Samaloko. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools offered as part of the Services, which we do not monitor and over which we have no control or influence. 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 related to your use of third-party optional tools.
Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATION WITH SHOPIFY
[NOTE TO THE MERCHANT: This section precisely describes the relationship between Shopify and your store and must not be deleted or modified].
Samaloko is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are carried out directly with Samaloko. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Samaloko, including any harm, damage, or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchases and transactions with Samaloko.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the services in order to provide and improve the Services. The information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide you with services. See our Privacy Policy [LINK] for more details 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, opinions, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. We may, for example, use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives 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 maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, without being obligated to do so, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer viruses or other malicious software that could in any way affect the operation of the Services or 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 provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
It may happen that information on or within the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. 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 state regulation, rule, 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 reuse 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 letters,” “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 prevents anyone’s use or enjoyment of the Services, or that, in our view, may harm Samaloko, Shopify, or 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 a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track other people’s personal information; (d) send spam, phishing, pharming, pretexting, bots, crawlers, or scraping; or (e) interfere with or bypass the security features of the services or 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 violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) 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 informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY Samaloko, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE 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 ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, in no case shall Samaloko, our partners, directors, administrators, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, resulting from your use of the services or any product obtained using the services, or for any other claim related in any way to your use of the services or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind resulting from the use of the services or 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 Samaloko, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable attorney fees, payable to a third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, it being understood that a failure of prompt notification will not release you from your obligations unless you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent (which must not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed removed 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 such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in relation to 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, all prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
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 attempt to do so will 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 whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Samaloko is headquartered. You and Samaloko agree to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at samajala567@gmail.com. Our contact details are shown below:
samajala567@gmail.com