Terms of service

OVERVIEW

Welcome to Loobiya! The expressions "we", "us", and "our" pertain to Loobiya. Loobiya manages this store and website, encompassing all related resources, content, capabilities, tools, items, and services to offer you, the consumer, a tailored shopping experience (the "Services"). Our platform is hosted on Shopify, which provides the technology required to deliver these Services to you.

The terms and guidelines set forth below, alongside any policies cited here (these "Terms of Service" or "Terms"), outline your legal rights and obligations while accessing or using the Services.

We encourage you to review these Terms of Service thoroughly, as they contain critical details regarding your legal rights, including liability restrictions and warranty disclaimers.

By accessing, browsing, or utilizing any portion of our Services, you confirm your acceptance of these Terms of Service and our Privacy Policy. If you do not consent to these Terms of Service or Privacy Policy, please refrain from accessing or using our Services.


1 - ACCESS AND ACCOUNT RESTRICTIONS

By accepting these Terms of Service, you confirm that you have reached the legal age of majority in your jurisdiction, or that you are of legal age and have authorized your minor dependents to access the Services using devices under your ownership or management.

To access our online store, browse inventory, or complete purchases, you may need to submit specific personal details, including your email address, billing contact, shipping location, and payment data. You guarantee that all information submitted through our platform is accurate, up-to-date, and complete, and that you hold full authorization to provide such details.

You remain exclusively responsible for safeguarding your login credentials and overseeing all activities conducted under your account. You are strictly prohibited from selling, transferring, assigning, or licensing your account access to any third party.

2 - PRODUCT AVAILABILITY AND ACCURACY

We strive to display our products and services as accurately as possible within our store. However, actual product colors or visual appearances may vary based on your screen display, device type, and specific hardware settings.

We do not guarantee that the physical appearance, features, or quality of any items acquired through our store will fully match online renderings or meet your individual expectations.

Product details, specifications, and pricing remain subject to modifications at any time without prior announcement, at our sole discretion. We reserve the right to withdraw any product line at any time and may restrict order quantities for specific individuals, geographic locations, or legal jurisdictions on a case-by-case evaluation.

3 - ORDER ACCEPTANCE AND CANCELLATIONS

Placing an order constitutes an offer to buy our items. Loobiya retains full authority to approve or refuse any order at our sole discretion. An order is not finalized until formal acceptance is confirmed by Loobiya. Order validation requires successful receipt and processing of your payment. Please verify all order particulars prior to submission, as cancellation requests may not be feasible once processing has commenced. Should we modify, reject, or cancel an order, we will endeavor to inform you via the email, telephone number, or billing details submitted during checkout.

All purchases are eligible for return or exchange exclusively under the conditions outlined in our [Refund Policy]

You certify that items purchased through our platform are strictly for individual or domestic consumption, and not intended for commercial distribution, resale, or international export.

4 - PRICING, PROMOTIONS, AND PAYMENT TERMS

Listed prices, promotional offers, and discounts may be modified at any time without advance warning. The applicable rate for any item will be the price active when your order is submitted, which will be specified in your order receipt email. Unless explicitly mentioned, published prices exclude applicable taxes, delivery fees, handling costs, and import or customs duties.

Prices displayed in our online store may vary from rates available in physical locations or through external third-party retailers. We may periodically feature promotional events subject to specific rules distinct from these Terms. In cases of inconsistency between promotional terms and these Terms, the specific promotional guidelines will take precedence.

You undertake to supply accurate, fully updated, and complete payment and account details for every transaction. You agree to immediately update your profile information including email addresses, credit card numbers, and expiration dates—to ensure successful transaction processing and seamless communication.

You guarantee that (i) all provided payment card details are accurate and truthful, (ii) you are fully authorized to utilize the specified card, (iii) total charges will be approved by your financial institution, and (iv) you will cover all expenses incurred at checkout, including published item prices, shipping fees, and relevant taxes.

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.

6 - INTELLECTUAL PROPERTY RIGHTS

All content and materials accessible through our Services—including trademarks, logos, brand names, written text, visual displays, images, artwork, customer feedback, audio, video recordings, and overall layout design—are the exclusive property of Loobiya, its corporate affiliates, or licensors. These assets are protected under United States and international copyright, patent, trademark, and proprietary rights laws.

These Terms authorize you to access and use the Services strictly for personal, non-commercial purposes. You are prohibited from copying, distributing, modifying, creating derivative works, publicly performing, displaying, republishing, downloading, storing, or transmitting any content from our platform without our explicit prior written consent. Nothing contained in these Terms confers any ownership interest, license, or right under any intellectual property held by Loobiya, Shopify, or any external third party. Any unauthorized usage of our materials may violate relevant federal and state intellectual property regulations. All rights not expressly assigned herein remain reserved by Loobiya.

Loobiya’s brand titles, logos, product lines, slogans, and design elements are registered or unregistered trademarks of Loobiya or its licensors. You may not utilize these marks without obtaining advance written permission from Loobiya. The Shopify name, brand assets, and logos belong to Shopify. Any additional company names, marks, or logos featured on the platform remain the intellectual property of their respective holders.

7 - THIRD-PARTY UTILITIES AND TOOLS

We may furnish access to external third-party software, applications, or tools as part of our platform capabilities, which we do not directly oversee, govern, or manage.

You recognize and consent that access to these external utilities is made available on an "AS IS" and "AS AVAILABLE" basis, devoid of any guarantees, conditions, or official endorsements. We accept no legal responsibility or liability originating from or associated with your adoption of optional third-party software tools.

Your engagement with any integrated third-party applications provided through the platform is conducted entirely at your own discretion and risk. You should review and accept the operational terms established by the relevant external software provider.

Furthermore, any future capabilities, tools, or resources introduced through our platform will automatically be classified as part of our Services and remain subject to these Terms of Service.

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.


9 - RELATIONSHIP WITH SHOPIFY


[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Loobiya 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 Loobiya. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Loobiya, 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 Loobiya.

10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, 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.

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.

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).

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 Loobiya, 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, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. 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.

14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

15 - 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.

16 - 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 LOOBIYA, 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.

17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL L00BIYA, 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.

18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Loobiya, 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 defense 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 defense of indemnified claims, including by providing relevant documents.

19 - 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.

20 - 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.

21 - 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

22 - 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 Loobiya is headquartered. You and Loobiya consent to venue and personal jurisdiction in such courts.

23 - HEADINGS

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

24 - 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..

25 - CONTACT INFORMATION

For any inquiries, please contact us using the information below:

Our support team is available to answer your questions and provide assistance whenever you need it.