Terms of Service
OVERVIEW
Welcome to pH Babe! The terms "we", "us" and "our" refer to pH Babe. pH Babe 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 (the "Services"). pH Babe is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our 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 Privacy Policy, you should not use or access our 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or be the same as depicted in our store. All 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 quantities available to any person, geographic region, or jurisdiction.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. pH Babe reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until pH Babe confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as pH Babe may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant 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 will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred will be honored by your payment provider, and (iv) you will pay all charges at the posted prices, including 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 outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by pH Babe, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by pH Babe.
pH Babe's names, logos, product and service names, designs and slogans are trademarks of pH Babe or its affiliates. You must not use such marks without our prior written permission.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties or endorsement, and we shall have no liability arising from your use of optional third-party tools.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party websites. If you choose to access these sites, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites, products, or services.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
pH Babe is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with pH Babe. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and pH Babe, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with pH Babe.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy. Information you submit may be shared with Shopify and third-party service providers in order to fulfill your orders and provide the Services.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, or reviews, you grant pH Babe a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose, including to operate and improve the Services.
You represent and warrant that you own or have all necessary rights to any feedback you submit, and that such feedback does not violate any third-party rights. We are under no obligation to maintain your feedback in confidence, pay compensation for it, or respond to it.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services to: (a) violate any applicable laws or regulations; (b) infringe upon intellectual property rights; (c) harass, harm, or defame any person; (d) transmit false or misleading information; (e) send unsolicited promotional materials or spam; (f) impersonate any person or entity; or (g) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to upload malicious code, scrape or collect personal information of others, or interfere with the security features of the Services. We reserve the right to suspend or terminate your account at any time for violations of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply.
SECTION 15 — DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES 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.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, pH BABE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless pH Babe, Shopify, and our affiliates, officers, directors, employees, agents, and service providers 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 the Services.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any other remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
The failure of pH Babe 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 constitute the entire agreement between you and pH Babe and govern your use of the Services, superseding any prior or contemporaneous agreements between you and us.
SECTION 20 — ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. pH Babe may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where pH Babe is headquartered. You and pH Babe consent to venue and personal jurisdiction in such courts.
SECTION 22 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
