Terms of service
OVERVIEW
Welcome to the O’Byrne’s Irish Pub Merchandise Store (the “Store”). The terms “we”, “us”, and “our” refer to Kaiv. Creative Holdings Inc. (“Kaiv”), which operates this online Store and sells the merchandise made available through it. Kaiv purchases, markets, and resells merchandise that has been approved by O’Byrne’s Irish Pub (“O’Byrne’s”), the brand owner associated with the merchandise offered on the Store.
O’Byrne’s has authorized Kaiv to use O’Byrne’s trademarks and branding in connection with the marketing and resale of approved merchandise through this Store. Unless expressly stated otherwise in writing, all purchases made through this Store are transactions between you and Kaiv, not O’Byrne’s.
This Store is hosted on Shopify, which provides the e-commerce platform that enables us to offer the website, checkout, payment processing integrations, and related online services (collectively, the “Services”).
These Terms of Service, together with any policies referenced herein (collectively, these “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms 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 and our Privacy Policy [LINK]. If you do not agree to these Terms or the 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 province, territory, or state 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 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 in our online Store. However, colours or product appearance may differ from how they appear on your screen due to the device you use and your device settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online Store.
All descriptions of products 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 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 products from Kaiv. Creative Holdings Inc. We reserve the right to accept or decline any order for any reason in our sole discretion. Your order is not accepted until we confirm acceptance and we have received and processed your payment.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for your 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, duties, or import charges.
Prices posted in our online Store may differ from prices offered in physical locations or in online or other stores operated by third parties. We may offer promotions that are governed by terms and conditions separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other 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 authorized to use the payment method; (iii) charges incurred will be honoured by your payment provider; and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and 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.
Unless otherwise required by applicable law, title and risk of loss pass to you upon our transfer of products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including all content and materials made available through the Store (including text, graphics, images, product photography, designs, audio, video, and the selection and arrangement thereof), are owned by Kaiv, O’Byrne’s, Shopify, and/or their respective affiliates, licensors, or service providers, and are protected by applicable intellectual property laws.
O’Byrne’s names, logos, product and service names, designs, and slogans are trademarks of O’Byrne’s and may be used by Kaiv under authorization. Kaiv’s names, logos, product and service names, designs, and slogans are trademarks of Kaiv. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
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, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent from the applicable rights holder.
Except as expressly provided herein, nothing in these Terms grants you any licence or other rights in any patent, trademark, copyright, or other intellectual property of Kaiv, O’Byrne’s, Shopify, or any third party. All rights not expressly granted are reserved.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control. You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.
We may offer new features through the Services (including new tools and resources). Such new features are part of the Services and are subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to third-party websites or functionality. We are not responsible for evaluating content or accuracy of third-party materials you choose to access. If you leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Please review third-party policies before engaging in transactions. Complaints or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
This Store is hosted on Shopify, which provides the e-commerce platform that enables us to offer the Services. Any purchases you make through this Store are transactions directly between you and Kaiv. Shopify is not responsible for any aspect of sales between you and Kaiv, including any injury, damage, or loss resulting from products purchased through the Services.
You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Kaiv.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information related to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify and other service providers, which may be located in jurisdictions outside where you reside, in order to provide services to you. Please review our Privacy Policy [LINK] for more details.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any intellectual property rights.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions, including relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly, for unlawful, fraudulent, or malicious purposes, to violate laws, to infringe intellectual property rights, to harass or harm others, to transmit false information, to send spam, to impersonate others, or to interfere with security features.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine you have violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, 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 Services and all products offered through the Services are provided “as is” and “as available” without any representation, warranty, or condition of any kind, either express or implied, to the fullest extent permitted by law, including implied warranties or conditions of merchantability, merchantable quality, 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 certain disclaimers, so some of the above may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Kaiv, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates, 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, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured using the Services.
Some jurisdictions do not allow limitations of liability for certain damages, so some of the above may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kaiv. Creative Holdings Inc., O’Byrne’s Irish Pub, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims (including reasonable legal fees) arising out of or related to: (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.
We will notify you of any indemnifiable claim, provided that failure to promptly notify will not relieve you of obligations unless materially prejudiced. We may control the defence and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. This will not affect the validity and enforceability of the remaining provisions.
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.
These Terms and any policies referenced herein constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications. Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any 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 consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Alberta, Canada.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
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 to our website. It is your responsibility to check periodically for changes. Where required by applicable law, we will notify you of material changes, and such changes will be effective on the date specified in the notice. Your continued use of the Services following changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ob@kaivcreative.com.
Kaiv. Creative Holdings Inc.
Email: ob@kaivcreative.com
Address: Unit 203 – 10394 105 Street NW, Edmonton, Alberta, T5J 1E6, Canada
Business Number: 747922557