Terms of Service

Overview

Welcome to Hipora! The terms "we," "us," and "our" refer to Hipora. Hipora operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Hipora is built on Shopify, which enables us to provide the Services to you.

The Terms of Service below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranty and limitations of liability.

By accessing, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are of legal age in the state, province, or region in which you reside, and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, have purchased, or otherwise control.

To use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address as well as billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully entitled to provide such information.

You alone are responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to display our products and services in our online stores as accurately as possible. However, we note that colors or the appearance of products may vary depending on the device you use to access the store, as well as its settings and configuration, compared to how they appear on your screen.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the representations shown 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 discontinue any product at any time, and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 – Orders

By placing an order, you are making an offer to purchase. Hipora reserves the right to accept or decline your order, at its discretion, for any reason. Your order is deemed accepted only once confirmed by Hipora. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before submitting it, as Hipora may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.

Returns or exchanges of your purchases will be handled solely in accordance with our right of withdrawal policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

Section 4 – Pricing and Billing

Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed, and will be indicated on the order confirmation you receive by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import fees.

Prices listed in our online stores may differ from prices in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions different from these Terms. In the event of any 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 as necessary.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete; (ii) you are authorized to use that credit card for the purchase; (iii) any charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the stated prices, including shipping and handling fees and any applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over the products to the shipping carrier, title and risk of loss pass to you.

Section 6 – Intellectual Property

Our Services, including but not limited to all trademarks, brand names, text, illustrations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of Hipora, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services. Except as expressly provided herein, nothing in these Terms of Service grants you any license or other rights in any patents, trademarks, copyrights, or other intellectual property of Hipora, Shopify, or third parties, nor may any such grant be implied from these provisions. 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 Hipora.

The names, logos, product and service names, designs, and slogans of Hipora are trademarks of Hipora or its affiliates or licensors. You may not use these trademarks without Hipora's prior written permission. The Shopify name, logo, and product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 – Optional Tools

You may be given access to third-party tools offered as part of the Services, which we neither monitor nor have any control or influence over.

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 disclaim all liability arising from or related to your use of optional third-party tools.

Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and subject to these Terms of Service.

Section 8 – Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses arising from your access to third-party websites, or from your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review the policies and practices of any third party and make sure 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 – Relationship with Shopify

Hipora is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our store are entered into directly with Hipora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Hipora, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability arising from or related to your purchases and transactions with Hipora.

Section 10 – Privacy Policy

Any personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. Certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services will be shared with Shopify as well as with third parties who may be located in countries other than your country of residence, in order to provide you with the Services. Please refer to our Privacy Policy for further information on how we, Shopify, and our partners use your personal data.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as "Feedback," you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have full rights to all Feedback content; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.

We reserve the right, but are under no obligation, to monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You represent that your Feedback does not infringe any third-party rights, including copyright, trademark rights, privacy rights, personality rights, or other personal or property rights. You further represent that your Feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements, and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the event of inaccurate information, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time and without prior notice, even after you have submitted your order.

Section 13 – Prohibited Uses

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (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 against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Service; (g) to transmit or facilitate the transmission of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to engage in any other conduct that restricts or hinders the use of the Services, or that, in our sole judgment, could harm Hipora, 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 in any way affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

Section 14 – Termination of the Agreement

We may terminate this agreement, or your access to the Services or any part thereof, at our sole discretion, at any time, without notice. You will remain liable for any amounts due up to and including the date of termination.

The following sections will survive termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 – Disclaimer of Warranty

The information presented in or through the Services is provided for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of their content.

UNLESS EXPRESSLY STATED BY HIPORA, 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, 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 GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16 – Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIPORA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF 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 BUT NOT LIMITED TO 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 THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH 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 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 17 – Indemnification

You agree to indemnify, defend, and hold harmless Hipora, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to promptly notify you will not relieve you of your obligations, except to the extent you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of any such claims, including by 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 nonetheless remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – Waiver, Entire Agreement

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

These Terms of Service, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Assignment

You may not assign, transfer, or delegate this agreement, or any of your rights or obligations under these Terms of Service, without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 21 – Governing Law

These Terms of Service, and any separate agreements under which we provide you with Services, shall be governed by and construed in accordance with the federal and state or territorial laws applicable in the country in which Hipora is headquartered. You and Hipora agree to submit to the jurisdiction and venue of the courts located there.

Section 22 – Headings

The headings used in this agreement are included for convenience only and shall not affect these Terms of Service in any way.

Section 23 – Changes to the 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 in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.