Terms of service

 

Terms of Service

OVERVIEW
Welcome to Cardlepack! The terms “we,” “us” and “our” refer to Cardlepack, operated by BAGITAL LLC. Cardlepack operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Cardlepack is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including 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. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own or manage. To use the Services, you may be asked to provide information such as your email, billing, payment, and shipping information, and you represent that all such information is correct, current and complete. 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 anyone else.

SECTION 2 — OUR PRODUCTS
We have made every effort to accurately represent our products. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings. We do not warrant that the appearance or quality of products will meet your expectations or match how they are depicted online. All product descriptions are subject to change at any time at our sole discretion, and we reserve the right to discontinue any product or limit quantities.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Cardlepack reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process payment first. Please review your order carefully, as we may be unable to accommodate cancellations after acceptance. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent 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 will be the price in effect at the time the order is placed, as set out in your order confirmation. Unless stated, posted prices do not include taxes, shipping, handling, customs, or import charges. You agree to provide current, complete, and accurate purchase, payment, and account information and to keep it updated. You represent that your payment information is true and that you are authorized to use the payment method.

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 carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, reviews, video, and audio, and their design, selection, and arrangement, are owned by Cardlepack (BAGITAL LLC), its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. Cardlepack’s names, logos, product names, designs, and slogans are trademarks of BAGITAL LLC. Shopify’s marks are trademarks of Shopify. All other marks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS
You may be provided access to third-party tools we neither monitor nor control. We provide access “as is” and “as available” without warranties and have no liability arising from your use of them. Any use is at your own risk, and you should review the relevant third party’s terms. New features we offer in the future are also subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access to them or your purchases from them. Review the third party’s policies before transacting.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Cardlepack 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 Cardlepack (BAGITAL LLC). By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Cardlepack, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cardlepack.

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. 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 them.

SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to your Feedback, have disclosed any compensation received, and that your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay for it, or respond to it, and may remove Feedback we find objectionable. Your Feedback must not violate any third party’s rights or contain unlawful, abusive, obscene content, or malware.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these and to change or update information or cancel orders 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 for any unlawful or malicious purpose; to violate any laws; to infringe intellectual property rights; to harass or harm any person; to transmit false or misleading information; to send spam or similar solicitations; to impersonate any person or entity; or to engage in conduct that restricts anyone’s use of the Services. You also agree not to upload malware; reproduce, resell, or exploit any portion of the Services; collect others’ personal information; spam, phish, or pretext the Services; use any robot, scraper, data-extraction tools, or AI tools to access the Services; or interfere with or circumvent security features. We may suspend, disable, or terminate your account at any time without notice if you violate these Terms.

SECTION 14 — AGENTS
These Agent Terms apply if you use, allow, or cause the deployment of an Agent to access or interact with the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity. No Agent may access the Services unless it identifies itself and operates in strict accordance with Section 14.4, and no Agent may access the Services if we have requested it refrain. We may limit, by technical measures, whether and how Agents access the Services. Agents must: (i) identify in all HTTP/HTTPS requests that the request is from an Agent by including “Agent/[agent name]” in the user agent string; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions come from a human or computer; and (iv) not circumvent any measure intended to control how Agents access the Services.

SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you remain liable for all amounts due through the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any others that by their nature should survive.

SECTION 16 — DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information purposes only; we do not warrant its accuracy, completeness, or usefulness, and any reliance is at your own risk. EXCEPT AS EXPRESSLY STATED BY CARDLEPACK, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING 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. SOME JURISDICTIONS DO NOT ALLOW SUCH DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CARDLEPACK (BAGITAL LLC), OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, 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, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cardlepack (BAGITAL LLC), 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, arising out of (1) your breach of these Terms or incorporated documents, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any posted policies constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations without our prior written consent, and any such attempt is null and void. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW
These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the federal and state courts located in the State of Montana, where BAGITAL LLC is organized. You and Cardlepack consent to venue and personal jurisdiction in such courts.

SECTION 23 — HEADINGS
Headings are for convenience only and do not limit or affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right to update or replace any part of these Terms by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to cardlepack@outlook.com.