Terms of Service

Overview

Welcome to Kinbourne.

The terms “we,” “us,” and “our” refer to Kinbourne. Kinbourne 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.

Kinbourne is powered by Shopify, which enables us to provide our online store and related services.

These Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when you use our website, purchase our products, or interact with our services.

Please read these Terms of Service carefully. By visiting, interacting with, or using our website or 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 website or 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 state, province, or place of residence, or that you have given us your consent to allow any of your minor dependents to use this website.

To use our website or purchase our products, you may be asked to provide certain information, including your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account information and for all activity that occurs under your account.

You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to display our products and services as accurately as possible.

However, product appearance, packaging, colors, or images may vary depending on your device, screen settings, lighting, or product updates.

We do not guarantee that the appearance or quality of any product purchased will exactly match the images or descriptions shown on our website.

All product descriptions, prices, offers, and availability are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

We may limit the sale of our products to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Health and Supplement Disclaimer

Kinbourne products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.

Information on our website is provided for general educational purposes only and should not be considered medical advice.

You should consult a qualified healthcare professional before using any supplement, especially if you are pregnant, breastfeeding, taking medication, allergic to mushrooms, have a medical condition, or are under medical supervision.

Individual results may vary. Testimonials, reviews, or product experiences shared on our website are personal experiences and do not guarantee that you will have the same results.

Section 4 - Orders

When you place an order through our website, you are making an offer to purchase the selected products.

Kinbourne reserves the right to accept, decline, cancel, or limit any order for any reason at our sole discretion.

Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting it. Once an order has been accepted, processed, or fulfilled, we may be unable to accommodate cancellation requests.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or shipping information provided at checkout.

Your purchases are subject to our Refund Policy, Shipping Policy, and any other policies posted on our website.

You represent and warrant that purchases made through our website are for personal or household use only and not for commercial resale or export.

Section 5 - Prices and Billing

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

The price charged for a product will be the price in effect at the time your order is placed and will be shown in your order confirmation email.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, import duties, or other fees that may apply.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through our website.

You agree to promptly update your information, including your email address and payment details, so we can complete your transactions and contact you as needed.

You represent and warrant that:

You are authorized to use the payment method provided.

The payment information you provide is true, correct, and complete.

Charges incurred by you will be honored by your payment provider.

You will pay all charges incurred at the posted prices, including applicable taxes, shipping, and handling fees.

Section 6 - Shipping and Delivery

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for shipping delays caused by carriers, customs processing, incorrect shipping information, weather, high-demand periods, holidays, or events outside our control.

Once an order has been transferred to the shipping carrier, risk of loss may pass to the customer to the extent permitted by applicable law.

For more details, please review our Shipping Policy.

Section 7 - Refunds and Returns

Refunds, replacements, and order issue resolutions are handled according to our Refund Policy.

Kinbourne does not offer a blanket money-back guarantee unless expressly stated in writing on our website.

Refund requests are reviewed according to the eligibility requirements and limitations set out in our Refund Policy.

For more details, please review our Refund Policy.

Section 8 - Subscriptions

If you purchase a subscription product, you authorize Kinbourne or our payment provider to charge your selected payment method on a recurring basis according to the subscription terms shown at checkout.

It is the customer’s responsibility to manage, pause, modify, or cancel a subscription before the renewal date.

Subscription renewals that have already been processed may not be eligible for refunds according to our Refund Policy.

Customers may manage their subscription through their customer portal or by contacting us at hello@kinbourne.com before the renewal date.

Section 9 - Intellectual Property

Our website and services, including but not limited to all trademarks, logos, product names, text, graphics, images, product reviews, videos, audio, design, layout, and content, are owned by Kinbourne, its affiliates, partners, or licensors and are protected by intellectual property laws.

These Terms permit you to use our website and services for personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, copy, sell, resell, or exploit any part of our website or content without our prior written consent.

Nothing in these Terms grants you any rights, license, or interest in Kinbourne’s trademarks, copyrights, or other intellectual property.

All rights not expressly granted are reserved by Kinbourne.

Section 10 - Optional Tools

We may provide access to third-party tools, applications, or features as part of our website or services.

We do not monitor, control, or endorse all third-party tools.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind.

Your use of third-party tools is at your own risk and discretion.

We may introduce new features, tools, or resources in the future. Such features will also be subject to these Terms of Service.

Section 11 - Third-Party Links

Our website may contain links to third-party websites, services, materials, or tools.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party website or service.

If you choose to access third-party links, you do so at your own risk.

We are not liable for any harm, loss, or damage related to your use of third-party websites, products, services, or resources.

Please review third-party policies carefully before engaging in any transaction.

Section 12 - Relationship with Shopify

Kinbourne is powered by Shopify, which enables us to provide our online store and services.

However, any sales and purchases made through our store are made directly with Kinbourne.

By using our website, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Kinbourne, including any injury, damage, loss, or claim related to purchased products or services.

You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Kinbourne.

Section 13 - Privacy Policy

Personal information collected through our website is handled according to our Privacy Policy.

Because our store is powered by Shopify, Shopify may collect and process certain personal information about your access to and use of our website in order to provide and improve the services.

Information you submit may be transmitted to Shopify and other service providers that help us operate our store, process payments, fulfill orders, provide customer support, and improve our services.

By using our website, you acknowledge that you have read and understood our Privacy Policy.

Section 14 - Feedback, Reviews, and User Content

If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, photos, comments, testimonials, proposals, or other content, you grant Kinbourne a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from that content in any medium for any purpose, including marketing and commercial use.

You represent and warrant that:

You own or have the necessary rights to submit the content.

Your content does not violate any third-party rights.

Your content is truthful and accurate to the best of your knowledge.

You have disclosed any compensation, incentive, or relationship connected to your submission.

We may monitor, edit, or remove content that we determine to be unlawful, offensive, misleading, defamatory, obscene, abusive, or otherwise objectionable, or that violates any party’s rights or these Terms.

We are not obligated to maintain your feedback in confidence, pay compensation for it, or respond to it.

Section 15 - Errors, Inaccuracies, and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions.

These may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery estimates, availability, or other details.

We reserve the right to correct 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 16 - Prohibited Uses

You may use our website and services for lawful purposes only.

You may not use our website or services:

For any unlawful, fraudulent, or malicious purpose.

To violate any laws, rules, regulations, or ordinances.

To infringe upon our intellectual property rights or the rights of others.

To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person.

To submit false or misleading information.

To upload or transmit viruses, malware, or harmful code.

To send spam, phishing attempts, unsolicited promotions, or other unwanted communications.

To impersonate another person or entity.

To interfere with or disrupt the operation or security of our website.

To scrape, extract, copy, duplicate, sell, resell, or exploit any portion of our website without permission.

To collect or track the personal information of others.

To bypass security features, access restrictions, robot exclusion headers, or other measures used to protect our website.

We reserve the right to suspend, disable, or terminate access to our website or services if we determine that you have violated these Terms.

Section 17 - Termination

We may terminate these Terms or your access to our website or services at any time, without notice, at our sole discretion.

You remain responsible for all amounts due up to and including the date of termination.

Any provisions that by their nature should survive termination will continue to apply, including intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, and related provisions.

Section 18 - Disclaimer of Warranties

The information provided on or through our website is made available for general informational purposes only.

We do not warrant the accuracy, completeness, usefulness, or reliability of any information provided.

Your reliance on any information on our website is strictly at your own risk.

Except as expressly stated by Kinbourne, our website, services, and products are provided “as is” and “as available,” without any warranties or conditions of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, and uninterrupted or error-free operation.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above disclaimers may not apply to you.

Section 19 - Limitation of Liability

To the fullest extent permitted by law, Kinbourne, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of our website, services, products, or any content made available through the website.

This limitation applies whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Section 20 - Indemnification

You agree to indemnify, defend, and hold harmless Kinbourne, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of:

Your breach of these Terms of Service.

Your violation of any law or third-party rights.

Your access to or use of our website, services, or products.

Your misuse of our website or services.

We may control the defense and settlement of any claim at your expense, and you agree to cooperate with us in defending any such claim.

Section 21 - 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 shall be deemed severed from these Terms, and the remaining provisions shall remain valid and enforceable.

Section 22 - Waiver and Entire Agreement

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

These Terms of Service and any policies posted on our website constitute the entire agreement between you and Kinbourne and govern your use of our website and services.

These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

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

Section 23 - Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without our prior written consent.

Any attempted assignment without consent will be null and void.

We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

Section 24 - Governing Law

These Terms of Service and any separate agreements whereby we provide services or products to you shall be governed by and construed in accordance with the laws of the jurisdiction where Kinbourne is headquartered, without regard to conflict of law principles.

You agree to submit to the courts located in that jurisdiction for the resolution of any disputes, unless applicable law requires otherwise.

Section 25 - Changes to Terms of Service

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or services following the posting of changes constitutes acceptance of those changes.

Section 26 - Contact Information

Questions about these Terms of Service should be sent to us at:

hello@kinbourne.com