Terms and Conditions

Overview

This website, www.doogaji.com (the “Site”), is operated by Doogaji, Inc. (“Doogaji”), a corporation organized and existing pursuant to the laws of the State of New York Throughout the Site, the terms “we”, “us” and “our” refer to Doogaji. Doogaji offers this Site including, without limitation, all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all the terms and conditions.

By viewing, accessing, visiting and/or using the Site and/ or ordering and/or purchasing any product and/or service (collectively, “Using”) from us, you are engaged in our “Service” and agreeing to be bound by these terms and conditions (“Terms of Service”, “Terms”) and all other terms, conditions and policies applicable to the Site including, without limitation, those terms available by hyperlink herein (“Website Policies”). These Website Policies apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By Using the Site, you make the material representation upon which you wish us to reasonably rely that you will adhere to the Website Policies in connection with his/her Use of the Site. If you are dissatisfied with any of aspect of the Website Policies, your sole and exclusive remedy is to discontinue and/or refrain from Using the Site. Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued access to, visit to and/or use of the Site following the posting of any changes constitutes acceptance of those changes.

Our Site’s e-commerce store is hosted on Shopify Inc. It provides us with an online e-commerce platform that allows us to sell Doogaji’s products (“Products”) and services to you.

Section 1 - Online Store Terms

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, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service and/or discontinue access to the Site to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.

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

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Section 4 - Modifications to the Service and Prices

Prices for the Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services

Certain Products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns policy.

We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Site’s e-commerce store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you through this Site will meet your expectations, or that any errors in the Service and/or Products will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Privacy Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over 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 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 services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the Site’s store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Access to Site; Limited License

Subject to the exceptions set forth herein, the Site and the content provided therein are copyrighted by us, our affiliates or our licensors under the United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by, or licensed, to the Doogaji. The content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, modified or distributed without our written permission. All names, logos and materials displayed on the Site constitute trademarks, trade names, service marks or logos (“Marks”) of Doogagi. You are not authorized to use any such We may terminate this license at any time and without notice to you.

Section 13 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service and/or the Site for violating any of the prohibited uses.

Section 14 - Copyright Infringement

It is our policy to respond expeditiously to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate action pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Section 512 et seq., and other applicable intellectual property laws. We may elect to limit, suspend and/or terminate the Use of the Site for anyone who we believe, in our sole discretion, to be an infringer, regardless of whether proven or not.

You covenant and agree to provide us with any information that you have regarding potential copyright infringement of any material contained in the Site. The sole and exclusive protocol for notifying us that your copyrighted work has been infringed upon is to provide written notice (“DMCA Notice”) to us as set forth herein or otherwise provided by the DMCA, as it may be amended from time to time. The DMCA Notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of precisely where the alleged infringing work is located on the Site; (iv) the Copyright Owner’s mailing address, telephone number and email address; (v) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (vi) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to us via email to the address set forth above and directed to the attention of the “Copyright Agent.” You acknowledge and agree that your failure to properly comply with the requirements of the law and/or this provision may make his DMCA Notice invalid.

Section 15 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND/OR THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND/OR SERVICES DELIVERED THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE ARE NOTIFIED OF THE PURPOSE), DURABILITY, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow for the exclusion of express or implied warranties so the above exclusions may not apply to you. In such event, such warranties are limited to the minimum permitted by law from the date of delivery of the Service to you. No warranties apply after that period.

In no case shall Doogaji and/or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and/or licensors 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 the Site and/or use of any of the service or any products procured using the Service including, without limitation, the Products, or for any other claim related in any way to your use of the service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 16 - Indemnification

You agree to indemnify, defend and hold harmless Doogaji and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, the “Doogaji Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Website Policies, or your violation of any law or the rights of a third-party.

Section 17 - Prohibited by Law

We do not represent that the Site is appropriate or available for use in any particular geographic location. You are Using the site on your own initiative.In the event that any aspect of the Site or the Website Policies is prohibited by law in your jurisdiction, you agree not to Use the Siite or use the Service. It is solely your responsibility to determine whether he is allowed by law to participate in the Site. Without limitation, you release Doogaji from all liability that could arise from your Use of the Site. Moreover, and without limiting the indemnification otherwise provided herein, you shall indemnify, defend and hold Doogaji and the Doogaji Parties harmless for any and all damages relating to a violation of this paragraph or any violation of the law by the you.

Without limiting the foregoing, aspects of the Site may be subject to U.S. export controls and may not be downloaded, exported or re-exported: (a) into or to a national or resident of Iran, North Korea, Sudan, Syria or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods (collectively, “Prohibited Countries”); or (b) to anyone who is on, or who may be acting on behalf of an entity that is on, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or otherwise included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons and specified persons involved in the manufacture or sale of Improvised Explosive Devices (collectively, the “Lists of U.S. Prohibited Parties”). By Using the Site, you make the material representation and warranty upon which you seek us to reasonably rely that you are not (a) located in any of the Prohibited Countries; (b) a national or resident of any of the Prohibited Countries; (c) on any of the Lists of U.S. Prohibited Parties; or (d) acting on behalf of any person or entity that is on any of the Lists of U.S. Prohibited Parties.

Section 18 - Force Majeure

We shall not be held liable for any delay or default in performing its obligations if such delay or default is caused by an event beyond its reasonable control, including without limitation, acts of nature, war, terror or insurrection, civil commotion, earthquake, fire, storm, hurricane or flood, labor disturbances, riot, epidemic or other similar event(s).

Section 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.

Section 20 - Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to Use our Services, or when you cease Using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service and/or any other aspect of any of the Website Policies, we also may terminate these Terms of Service and/or prevent any further Use of the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

Section 21 - 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.

The Website Policies constitutes the entire agreement and understanding between you and us and govern your Use of the Site and/or 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 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 laws of the State of New York. Any dispute relating to the Website Policies and/or use of the Service and/or Use of the Site shall be exclusively heard in the state courts of New York, with venue in New York County or, if jurisdiction exists, the United States District Court for the Southern District of New York. Nevertheless, we shall have rights to institute an action for equitable relief against you in any court, anywhere in the world, as Doogaji deems necessary. The jurisdiction and venue requirements of this section shall not be deemed to limit that right.

Section 23 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service and/or any other aspect of the Website Policies by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued Use of the Site and/or the Service following the posting of any changes to any aspect of the Website Policies constitutes acceptance of those changes.

Section 24 - Notices/Contact Information

Any notices and/or communications that you are required to provide under any of the Website Policies should be sent via email to contact@doogaji.com. Questions about the Website Policies should be sent using Our contact form.

Section 25 - California Residents

Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) Doogaji is located at 224 East 70th Street, Suite 14, New York, NY 10021, and can be reached via telephone at (646) 801-9785; (b) these Website Policies have provided you with advance notice of any applicable charges resulting from or related to your Use of the Website or its services; (c) consumers may contact Doogaji at the address or telephone number indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Site; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at (800) 952-5210.

~ogimagestart~ ~ogimageend~