Terms of service

Overview

Welcome to Cuboro Thailand! The terms "we," "us," and "our" refer to Cuboro Thailand. Cuboro Thailand operates this store and website, including all information, content, features, tools, products, and related services to provide you with a curated shopping experience as our customer ("Service"). Cuboro Thailand is powered by Shopify, which enables us to provide services to you. The following terms and conditions, including any policies referenced herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Service. Please read these Terms of Service carefully as they contain important information about your legal rights and cover matters such as warranty disclaimers and liability limitations. By visiting, interacting with, or using our Service, 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 Privacy Policy, you should not use or access our Service.

Section 1 - Access and User Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence, and you consent to allow your minor dependents to use the Service on devices you own, purchase, or manage. To use the Service, including accessing or browsing our online store, or purchasing any products or services we offer, we may request certain information from you, such as email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store 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 user account credentials and all activities in your user account. You may not transfer, sell, assign, or allow the use of your user account to another person.

Section 2 - Our Products

We make every effort to present our products and services in our online store accurately. However, please note that the colors or appearance of products may differ from what appears on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or will be the same as displayed or shown in our online store. All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and to limit quantities of any product we sell 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. Cuboro Thailand reserves the right to accept or decline your order for any reason at our discretion. Your order will not be considered accepted until Cuboro Thailand confirms such acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Cuboro Thailand may not be able to accommodate order cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number you provided at the time of ordering. You may only return or exchange your purchase according to our Return Policy [link]. You represent and warrant that your purchase is for personal or household use only and not for commercial resale or export purposes.

Section 4 - Pricing and Billing

Prices, discounts, and promotions may change without notice. The price charged for products or services will be the price in effect when the order is created and will be specified in your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs duties, or import service fees. Prices shown in our online store may differ from prices offered in physical stores or other online stores or shops operated by third parties. We may offer periodic promotions for services that may affect pricing and are subject to separate terms and conditions from these Terms. If there is a conflict between promotional terms and these Terms, promotional terms shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including email address, credit card number, and expiration date, so we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will honor charges incurred by you; and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, 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 only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processes, or events beyond our control. Once we deliver products to the carrier, ownership and risk of loss pass to you.

Section 6 - Intellectual Property

Our Service, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection, and arrangement of all content, are the property of Cuboro Thailand, its affiliates, or licensors, and are protected by patent, copyright, and other intellectual property laws of the United States and foreign countries. These Terms grant you a limited license to use the Service for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any content in the Service without our prior written consent, except as expressly stated herein. Nothing in these Terms grants or may be construed as granting any license or right to you under any patents, trademarks, copyrights, or other intellectual property of Cuboro Thailand, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Cuboro Thailand reserves all rights not expressly granted herein. The names, logos, product and service names, designs, and slogans of Cuboro Thailand are trademarks of Cuboro Thailand, its affiliates, or licensors. You may not use such trademarks without our prior written permission. Shopify names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Service are trademarks of their respective owners.

Section 7 - Third-Party Tools

You may be given access to third-party customer tools as part of the Service, which we do not monitor, control, or provide any input for. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of third-party tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also offer new features through the Service in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

Section 8 - External Links

The Service may contain content and hyperlinks to websites provided or operated by third parties (including third-party functionality embedded within). We are not responsible for examining or evaluating the content or accuracy of any third-party content or websites that you choose to access. If you decide to leave the Service to access such content or third-party websites, you do so at your own risk. We shall not be liable for any harm or damages related to your access to third-party websites or the purchase or use of any products, services, resources, or content on any third-party websites. Please review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 - Privacy Policy

All personal information we collect through this Service is subject to our Privacy Policy, which can be viewed here [link], and some personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read these privacy policies. Because the Service is provided by Shopify, Shopify collects and processes personal information about your access to and use of the Service to provide and improve services to you. Information you submit to the Service will be transmitted and disclosed to Shopify and third-party service providers who may be located in countries other than where you reside to provide services to you. Read our Privacy Policy [link] for more details about how Shopify and our partners use your personal information.

Section 10 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you agree to grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may exercise our rights under this license to perform, provide, evaluate, develop, improve, and promote the Service, and to fulfill our obligations and exercise our rights under these Terms of Service. Additionally, you represent and warrant that: (i) you own or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentives received related to submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation: (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 without prior notice (including after you have submitted your order).

Section 12 - Prohibited Uses

You may access and use the Service only for lawful purposes. You may not access or use the Service, whether directly or indirectly, to: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Termination

We may terminate this agreement or your access to the Service (or any part thereof) at any time, at our sole discretion, without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, 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 14 - Warranty Disclaimers

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. Except as expressly stated by Cuboro Thailand, all services and products offered through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant or represent that use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow limitations on implied warranties or other warranties, so the above limitations may not apply to you.

Section 15 - Limitation of Liability

To the maximum extent permitted by law, in no case shall Cuboro Thailand, our partners, directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors, as well as 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, 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.

Section 16 - Indemnification

You agree to indemnify, defend, and hold harmless Cuboro Thailand, Shopify and its affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Service. We will notify you of any claim subject to indemnification, and failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced by such delay. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which will not be unreasonably withheld). You will cooperate in the defense of any indemnified claim, including providing relevant documents.

Section 17- Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Waiver; Entire Agreement

Our failure 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, including any policies or operating rules posted by us on this website or in respect 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, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 19 - Assignment

You cannot assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment, transfer, or subcontract shall be null and void. We may assign, transfer, or subcontract the rights and obligations in these Terms to third parties without restriction or notice to you.

Section 20 - Governing Law

These Terms of Service, and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of the federal and state courts in the jurisdiction where Cuboro Thailand's headquarters are located. You and Cuboro Thailand consent to personal jurisdiction and venue in such courts.

Section 21 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 22 - Changes to Terms of Service

You can 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, 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 changes to these Terms as required by applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23- Contact Information

Questions about the Terms of Service should be sent to us at contact@cuborothailand.com