Terms of service

OVERVIEW

Welcome to Ember. The terms “we”, “us”, and “our” refer to Ember. Ember operates this website and all related content, features, tools, products, and services to provide you with a curated shopping experience (the “Services”). Ember is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies referenced within them (the “Terms”), describe your rights and obligations when using the Services. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction and that you consent to allow any minor dependents to use the Services on devices you own or manage.

To access or use the Services, including making purchases, you may be asked to provide information such as your email, billing details, and shipping information. You represent that all such information is accurate, current, and complete, and that you have the right to provide it.

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

SECTION 2 — OUR PRODUCTS

We make every effort to display our products accurately. However, product colors and appearance may vary based on your device and settings. We do not warrant that any product’s appearance or quality will meet your expectations.

Product descriptions may change at any time without notice. We may discontinue any product or limit quantities to any person, region, or jurisdiction at our discretion.

SECTION 3 — ORDERS

By placing an order, you make an offer to purchase. Ember may accept or decline this offer at its discretion. An order is not accepted until Ember confirms acceptance and processes payment.

Please review orders carefully before submitting. We may be unable to cancel orders once accepted. If an order is declined or modified, we will attempt to notify you using the contact details provided.

All purchases are subject to our Refund Policy. You represent that your purchases are for personal or household use and not for resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at the time of purchase and confirmed in your order email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import fees.

Online prices may differ from prices offered elsewhere. Promotional terms may override these Terms where applicable.

You agree to provide current and accurate payment information and to update your account when details change. You warrant that:
(i) your payment information is valid,
(ii) you are authorized to use the payment method,
(iii) charges will be honored by your payment provider, and
(iv) you will pay all applicable charges, including taxes and shipping.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times are estimates and not guaranteed. Ember is not liable for delays caused by carriers, customs, or events outside our control. Once products are transferred to the carrier, title and risk pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

All content and materials within the Services—including trademarks, text, graphics, images, product reviews, and design elements—are owned by Ember or its licensors and are protected by applicable intellectual property laws.

You may use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, display, perform, or create derivative works without written permission from Ember.

All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

You may be given access to third-party tools through the Services. These tools are provided “as is” without warranties. Your use of them is entirely at your own risk, and you should review any third-party terms before using such tools.

Future new features or tools will also be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party sites or materials. Ember is not responsible for their content, accuracy, or policies. Accessing third-party sites is done at your own risk.

All questions, complaints, or claims relating to third-party products or services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

This store is powered by Shopify. However, all sales are directly between you and Ember. Shopify is not responsible for any issues arising from your purchases. You expressly release Shopify from all claims relating to your transactions with Ember.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy [LINK], and certain information may also be processed under Shopify’s Privacy Policy.

Because Shopify hosts the Services, information you submit may be transmitted to Shopify and third parties in other countries to provide and improve the Services. Review our Privacy Policy for details.

SECTION 11 — FEEDBACK

If you submit feedback, suggestions, reviews, or other content (“Feedback”), you grant Ember a perpetual, worldwide, royalty-free license to use, reproduce, publish, distribute, and modify such Feedback for any purpose.

You represent that:
(i) you own or control all rights to the Feedback,
(ii) you have disclosed any compensation,
(iii) the Feedback complies with these Terms.

We may remove or edit Feedback that violates these Terms. You may not submit unlawful, defamatory, offensive, or harmful content, nor impersonate others or mislead about the origin of Feedback.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may contain errors or inaccuracies. We reserve the right to correct such errors, update information, or cancel orders affected by inaccurate information at any time without notice.

SECTION 13 — PROHIBITED USES

You may not use the Services for any unlawful, harmful, abusive, deceptive, or disruptive purpose. Prohibited conduct includes transmitting malware, spamming, scraping, infringing intellectual property, impersonation, and interfering with security features.

Violations may result in account suspension or termination without notice.

SECTION 14 — TERMINATION

We may terminate your access to the Services at any time without notice. You remain responsible for all charges incurred up to the termination date. Sections intended to survive termination will continue to apply.

SECTION 15 — DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available” without warranties of any kind, express or implied. Your use of the Services is at your own risk.

SECTION 16 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, Ember and its affiliates, partners, officers, employees, and service providers will not be liable for any indirect, incidental, punitive, or consequential damages, including lost profits, lost data, or replacement costs, arising from your use of the Services or products.

SECTION 17 — INDEMNIFICATION

You agree to indemnify and hold harmless Ember, Shopify, and all related parties from any claims, damages, or expenses arising from your use of the Services or breach of these Terms.

SECTION 18 — SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, the remainder will continue in full force.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure to enforce any right under these Terms does not constitute a waiver. These Terms constitute the entire agreement between you and Ember.

SECTION 20 — ASSIGNMENT

You may not assign your rights under these Terms without written consent. Ember may assign or transfer its rights without notice.

SECTION 21 — GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Ember is headquartered. You consent to that jurisdiction’s courts for all disputes.

SECTION 22 — HEADINGS

Section headings are for convenience and do not affect interpretation.

SECTION 23 — CHANGES TO TERMS OF SERVICE

We may update or replace these Terms at any time by posting updates to our website. Continued use of the Services constitutes acceptance of the updated Terms.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms should be sent to contactember.in@gmail.com