Terms of Service

OVERVIEW

Welcome to Profound Fashion. The terms “we”, “us” and “our” refer to Profound
Fashion. Profound Fashion 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”). Profound Fashion 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 stores 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 the information you
provide in our stores 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 of your 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 stores. However, please note that colors or
product appearance may differ from how they may appear on your screen due to
the type of device you use to access the store and your device settings and
configuration.

We do not warrant that the appearance or quality of any products or services
purchased by you will meet your expectations or be the same as depicted or
rendered in our online stores.

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 the quantities of any products that we offer 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. Profound
Fashion reserves the right to accept or decline your order for any reason at
its discretion. Your order is not accepted until Profound Fashion confirms
acceptance. We must receive and process your payment before your order is
accepted. Please review your order carefully before submitting, as Profound
Fashion may be unable to accommodate cancellation requests after an order is
accepted. In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the e‑mail, billing address,
and/or phone number provided at the time the order was made.

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 or service 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.

Prices posted in our online stores may be different from prices offered in
physical stores or in online or other stores operated by third parties. We may
offer, from time to time, promotions on the Services that may affect pricing
and that are governed by terms and conditions separate from these Terms. If
there is a conflict between the terms for a promotion and these Terms, the
promotion terms will govern.

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

You represent and warrant that (i) the credit card information you provide is
true, correct, and complete, (ii) you are duly authorized to use such credit
card for the purchase, (iii) charges incurred by you will be honored by your
credit card company, and (iv) you will pay charges incurred by you at the
posted prices, including shipping and handling charges and all applicable
taxes, if any.

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, product reviews, video, and audio, and the design,
selection, and arrangement thereof, are owned by Profound Fashion, its
affiliates or licensors and are protected by U.S. and foreign patent, copyright
and other 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, publicly perform, republish, download, store, or transmit
any of the material on the Services without our prior written consent. Except
as expressly provided herein, nothing in these Terms grants or shall be
construed as granting a license or other rights to you under any patent,
trademark, copyright, or other intellectual property of Profound Fashion,
Shopify or any third party. Unauthorized use of the Services may be a violation
of federal and state intellectual property laws. All rights not expressly
granted herein are reserved by Profound Fashion.

Profound Fashion’s names, logos, product and service names, designs, and
slogans are trademarks of Profound Fashion or its affiliates or licensors. You
must not use such trademarks without the prior written permission of Profound
Fashion. 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.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third
parties as part of the Services, which we neither monitor nor have any control
nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant
third-party provider(s).

We may also, in the future, offer new features through the Services (including
the release of new tools and resources). Such new features shall also be deemed
part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided
or operated by third parties (including any embedded third-party
functionality). We are not responsible for examining or evaluating the content
or accuracy of any third-party materials or websites you choose to access. If
you decide to leave the Services to access these materials or third-party
sites, you do so at your own risk.

We are not liable for any 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 any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products and services should be directed to the
third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Profound Fashion 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 Profound Fashion. By using the Services, you acknowledge and
agree that Shopify is not responsible for any aspect of any sales between you
and Profound Fashion, 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 Profound Fashion.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to
our Privacy Policy, and certain personal information may be subject to
Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these
privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in order to
provide and improve the Services for you. Information you submit to the
Services will be transmitted to and shared with Shopify as well as third
parties that may be located in other countries than where you reside, in order
to provide services to you. Review our Privacy Policy for more details on how
we, Shopify, and our partners use your personal information.

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 license to use, reproduce, modify, publish, distribute and display
such Feedback in any medium for any purpose, including for commercial use. We
may, for example, use our rights under this license to operate, provide,
evaluate, enhance, improve and promote the Services and to perform our
obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights
to all 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 are and shall be under no obligation
(1) to maintain your Feedback in confidence; (2) to pay compensation for your
Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine
in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your Feedback will not contain
libelous or otherwise unlawful, abusive or obscene Feedback, or contain any
computer virus or other malware that could in any way affect the operation of
the Services or any related website. You may not use a false email address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any Feedback. You are solely responsible for
any Feedback you make and its accuracy. We take no responsibility and assume no
liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain
typographical errors, inaccuracies or omissions that may relate to 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 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 access or use the Services, directly or indirectly: (a) for any unlawful or
malicious purpose; (b) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (c) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or harm any of our employees or any other person; (e) to transmit
false or misleading information; (f) to send, knowingly receive, upload,
download, use, or re-use any material that does not comply with the these
Terms; (g) to transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail,” “chain letter,” “spam,” or any
other similar solicitation; (h) to impersonate or attempt to impersonate any
other person or entity; or (i) to engage in any other conduct that restricts or
inhibits anyone's use or enjoyment of the Services, or which, as determined by
us, may harm Profound Fashion, Shopify or users of the Services, or expose them
to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the
functionality or operation of the Services; (b) reproduce, duplicate, copy,
sell, resell or exploit any portion of the Services; (c) collect or track the
personal information of others; (d) spam, phish, pharm, pretext, spider, crawl,
or scrape; or (e) interfere with or circumvent the security features of the
Services or any related website, other websites, or the Internet. We reserve
the right to suspend, disable, or terminate your account at any time, without
notice, if we determine that you have violated any part of 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, and you will
remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination:
Intellectual Property, Feedback, Termination, 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 termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available
solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Services, or by anyone who may be informed of any of its
contents.

EXCEPT AS EXPRESSLY STATED BY Profound Fashion, THE SERVICES AND ALL PRODUCTS
OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR
USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR
WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Profound Fashion,
OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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, 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
SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR
PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Profound Fashion,
Shopify, and our affiliates, partners, officers, directors, employees, agents,
contractors, licensors, and service providers from any losses, damages,
liabilities or claims, including reasonable attorneys’ fees, payable to any
third party due to or arising out of (1) your breach of these Terms of Service
or the documents they incorporate by reference, (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 a failure to
promptly notify will not relieve you of your obligations unless you are
materially prejudiced. We may control the defence and settlement of such claim
at your expense, including choice of counsel, 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, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this
site or in respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service).

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

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your
rights or obligations under these Terms without our prior written consent, and
any such attempt will be null and void. 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 Services shall be governed by and construed in accordance with the federal
and state or territorial courts in the jurisdiction where Profound Fashion is
headquartered. You and Profound Fashion consent to venue and personal
jurisdiction in such courts.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.

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 of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. We
will notify you of any material changes to these Terms in accordance with
applicable law, and such changes will be effective on the date specified in the
notice. Your continued use of or access to the Services following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.

SECTION 24 - CONTACT INFORMATION

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

support@profoundfashion.com