OVERVIEW

Welcome to CAHAYA's website. Throughout the site, the terms “we”, “us” and “our” refer to CAHAYA. By accessing or using any part of the site, you agree to be bound by these Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please carefully read these Terms of Service before using our website. 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. By using our website, you agree to be bound by these Terms of Service.

 

Our Service is provided through this website, which includes all information, tools, and services available from this site. Your use of our Service is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

We may add new features or tools to the current store, which shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you acknowledge that you are of legal age to form a binding contract in your state or province of residence, or that you have obtained parental or legal guardian consent to access and use this site if you are a minor. You may not use our products for any illegal or unauthorized purpose, and you must comply with all applicable laws and regulations in your jurisdiction (including but not limited to copyright laws). You are prohibited from transmitting any worms, viruses, or any other code of a destructive nature. Any breach or violation of these Terms may result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand and agree that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We strive to ensure the accuracy, completeness, and timeliness of the information provided on this site. However, we are not responsible if any information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Your reliance on any material on this site is at your own risk. This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available for purchase online through our website. These products or services may have limited quantities and are subject to our Return Policy for returns or exchanges. We have made every effort to display the colors and images of our products on our website as accurately as possible. However, we cannot guarantee that the display on your computer monitor will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time, and any offer for a product or service made on our website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools through our website, but we do not monitor or have control over these tools. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable for any damages arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our 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 the tools are provided by the relevant third-party provider(s). We may also offer new services and features through our website in the future, including the release of new tools and resources. Any new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Service may contain content, products, and services from third-party sources. If you click on any third-party links on our site, you will be directed to websites that are not affiliated with us. We do not examine or evaluate the content, accuracy, or reliability of these third-party materials, nor do we have any responsibility or liability for them. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is important to carefully review the third-party's policies and practices before engaging in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third-party directly.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we request that you submit certain specific materials or if you submit creative ideas, suggestions, proposals, plans, or other materials to us, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use these materials in any medium at any time without restriction. We have no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may, at our discretion, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. By submitting comments, you agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right. Your comments 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 are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Service is subject to our Privacy Policy. To view our Privacy Policy, please refer to the appropriate section on our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

While we strive to ensure the accuracy of the information presented on the Service and related websites, there may be occasional typographical errors, inaccuracies, or omissions in 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 on the Service or related website is inaccurate at any time without prior notice, including after you have submitted your order. We are not obligated to update, amend or clarify information in the Service or related website, except as required by law. The absence of a specified update or refresh date should not be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 12 - PROHIBITED USES

You agree not to use the site or its content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. You also agree not to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, and not to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Furthermore, you agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You also agree not to submit false or misleading information, upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet, or collect or track the personal information of others.

You agree not to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, and not to use the Service for any obscene or immoral purpose. Finally, you agree not 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 these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free, nor do we warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are provided "as is" and "as available," without any representation, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

In no case shall CAHAYA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CAHAYA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in connection with:

(i) Your use of and access to the Service; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) Any claim that your use of the Service caused damage to a third-party.

This indemnification obligation will survive these Terms of Service and your use of the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

SECTION 16 - TERMINATION

These Terms of Service will continue to apply until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use the Service.

We may also terminate these Terms of Service at any time without notice and without liability to you, in our sole discretion, for any reason, including without limitation if we believe that you have breached any provision of these Terms of Service. Upon termination, you must immediately cease all use of the Service and any and all content obtained from the Service.

The provisions of these Terms of Service that by their nature and context are intended to survive the termination of these Terms of Service shall survive, including without limitation Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, together with any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and CAHAYA and supersede any prior agreements between you and us regarding the Service.

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

SECTION 18 - 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 United Kingdom.

SECTION 19 - 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 on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

If you have any questions about these Terms of Service, you may contact us. 

Email:customer-service@cahaya-music.com.