Terms of service

Terms of Service

Welcome to Manayi!

The following Terms of Service govern your use of the Manayi website, online store, and all related content, features, products, and services we provide. The terms “we,” “us,” and “our” refer to Manayi. We operate this website to provide you with a thoughtfully curated shopping experience, powered by Shopify.

Please read these Terms of Service carefully. They contain important information about your legal rights and responsibilities, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Section 1 - Access and Account

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence. If you are a parent or guardian, you consent to allow your minor dependents to use our services on devices you own or manage.

To use our services or make a purchase, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You agree that all information you provide is correct, current, and complete.

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

 

Section 2 - Our Products

We make every effort to provide an accurate representation of our products. However, please be aware that colors and product appearance may vary slightly from what you see on your screen due to different device settings and configurations.

Product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered 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. Manayi reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number you provided.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

You confirm that your purchases are for your own personal or household use and not for commercial resale or export.

 

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed, as shown in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You also agree to promptly update your information, including your email address and credit card details, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) your credit card company will honor the charges, and (iv) you will pay the charges incurred, including shipping, handling, and all applicable taxes.

 

Section 5 - Shipping and Delivery

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

 

Section 6 - Intellectual Property

Our services, including all trademarks, brands, text, images, and content, are owned by Manayi, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms allow you to use our services for your personal, non-commercial use only. You must not reproduce, distribute, modify, or transmit any of our material without our prior written consent. Nothing in these Terms grants you any license or other rights to any intellectual property of Manayi, Shopify, or any third party. Unauthorized use of our services may violate federal and state laws. All rights not expressly granted are reserved by Manayi.

Manayi’s names, logos, and slogans are trademarks of Manayi. You must not use these trademarks without our prior written permission. All other names, logos, and slogans on our services are the trademarks of their respective owners.

 

Section 7 - Optional Tools

As part of our services, you may be provided with access to customer tools offered by third parties, which we do not monitor or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of these tools is entirely at your own risk. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider.

In the future, we may offer new features through our services. These new features will also be subject to these Terms of Service.

 

Section 8 - Third-Party Links

Our services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our services to visit these sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products or services on those sites. Please review the third-party's policies and practices carefully before you engage in any transaction. Questions or concerns regarding third-party products and services should be directed to the third-party.

 

Section 9 - Relationship with Shopify

Manayi is powered by Shopify, which enables us to provide our services to you. However, all sales and purchases you make in our store are made directly with Manayi. By using our services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Manayi, including any injury, damage, or loss resulting from purchased products. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Manayi.

 

Section 10 - Privacy Policy

All personal information we collect through our services is subject to our Privacy Policy. Because our services are hosted by Shopify, certain personal information may also be subject to Shopify’s Privacy Policy. By using our services, you acknowledge that you have read these privacy policies.

Information you submit will be shared with Shopify and third parties who may be located in other countries, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

 

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use and display such Feedback in any medium for any purpose, including commercial use.

You also confirm that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives you received for your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, pay for it, or respond to it.

We may monitor or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable, or that violates our or any third party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, or privacy. You also agree that your Feedback will not contain any libelous, unlawful, or abusive content, or any computer viruses or malware. You are solely responsible for any Feedback you post and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

 

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (even after you have submitted your order).

 

Section 13 - Prohibited Uses

You may access and use our services for lawful purposes only. You may not use our services to: (a) violate any international, federal, or state laws; (b) infringe upon our intellectual property rights or the rights of others; (c) harass, abuse, or harm any of our employees or other people; (d) transmit false or misleading information; (e) send spam or other unsolicited promotional material; (f) impersonate or attempt to impersonate any other person; or (g) engage in any other conduct that restricts or inhibits anyone's use of the services.

You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, or resell any portion of the services; (c) collect or track the personal information of others; or (d) interfere with the security features of our services. We reserve the right to suspend or terminate your account at any time if we determine that you have violated any part of these Terms.

 

Section 14 - Termination

We may terminate this agreement or your access to the services at any time, in 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 continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

 

Section 15 - Disclaimer of Warranties

The information presented on or through our services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY MANAYI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 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 DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

Section 16 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL MANAYI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, 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. THIS APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND ARISES FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Manayi, Shopify, and our affiliates, partners, and employees from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of our services.

We will notify you of any claim, and we may control the defense and settlement of such claim at your expense. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

 

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law. The unenforceable portion will be considered severed from these Terms, and the remaining provisions will still be valid and enforceable.

 

Section 19 - Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or rules posted by us on this site constitute the entire agreement between you and us, governing your use of the services and superseding any prior agreements.

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

 

Section 20 - Assignment

You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

 

Section 21 - Governing Law

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the federal and state or territorial courts in the jurisdiction where Manayi is headquartered. You and Manayi consent to venue and personal jurisdiction in such courts.


Section 22 - Headings

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

 

Section 23 - 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, in our sole discretion, to update, change, or replace any part of these Terms 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, and your continued use of our services after such changes constitutes acceptance of those changes.

 

Section 24 - Contact Information

If you have any questions about these Terms of Service, please send them to us at herbs@manayi.shop.

Our contact information is posted below:

MANAYI LLC
herbs@manayi.shop
1512 South De Anza Blvd #306, San Jose, CA 95129

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