Terms of service
Terms of Service
OVERVIEW
Welcome to BarkMiles! The terms “we,” “us,” and “our” refer to BarkMiles. BarkMiles 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”). BarkMiles is powered by Shopify, which enables us to provide the Services to you.
These 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 (https://shopbarkmiles.com/policies/privacy-policy). If you do not agree to these Terms of Service or our 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, or that you have given your consent to allow any 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, 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 activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We have made reasonable efforts to provide accurate representations of our products and services. However, colors, dimensions, appearance, or other product characteristics may differ from how they appear on your screen due to your device, display settings, photography, manufacturing variations, or other factors.
We do not warrant that the appearance or quality of products purchased through the Services will exactly match photographs, illustrations, or other representations displayed online.
All product descriptions, pricing, availability, specifications, and other information are subject to change at any time without notice at our 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.
BarkMiles reserves the right to accept, decline, limit, or cancel an order for any lawful reason at our discretion. Your order is not accepted until BarkMiles confirms acceptance and payment has been successfully processed or otherwise authorized.
Please review your order carefully before submitting it. Because orders may enter processing or fulfillment shortly after being placed, we may be unable to accommodate cancellation or modification requests.
If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.
Purchases are subject to our Refund Policy (https://shopbarkmiles.com/policies/refund-policy).
You represent and warrant that purchases made through the Services are for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will be the price displayed and applicable at the time the order is placed, subject to correction of errors or inaccuracies.
Unless otherwise stated, posted prices do not include applicable taxes, shipping charges, handling charges, customs duties, or other charges that may apply.
Promotions may be governed by additional terms and conditions. If promotional terms conflict with these Terms, the terms applicable to that promotion will control with respect to the promotion.
You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through the Services.
You represent and warrant that payment information you provide is accurate, that you are authorized to use the applicable payment method, and that charges properly incurred through your account will be honored by the applicable payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery dates are estimates only and are not guaranteed.
Orders may be fulfilled by third-party fulfillment partners and may ship from different fulfillment locations depending on the products ordered.
BarkMiles is not responsible for delays caused by shipping carriers, weather, transportation disruptions, customs processing, incorrect or incomplete delivery information supplied by the customer, or other events outside our reasonable control.
Customers are responsible for providing an accurate and complete shipping address when placing an order.
For additional information regarding processing and estimated delivery times, please review our Shipping & Delivery information available on our store.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, brands, text, displays, images, graphics, product content, video, audio, and the design, selection, and arrangement thereof, are owned by BarkMiles, its affiliates, licensors, or applicable rights holders and may be protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
Except as expressly permitted by law or authorized by BarkMiles, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, or transmit material from the Services.
Nothing in these Terms grants you a license or other rights to any trademark, copyright, patent, or other intellectual property belonging to BarkMiles, Shopify, or any third party except as expressly stated.
BarkMiles names, logos, product names, service names, designs, and slogans are trademarks or other intellectual property of BarkMiles or applicable rights holders. Shopify's names, logos, products, and services are trademarks or intellectual property of Shopify.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools, applications, integrations, or services offered by third parties.
We may not monitor or control these third-party tools and provide access to them “as is” and “as available,” without warranties, representations, or conditions of any kind except as required by law.
Your use of third-party tools is at your own risk and discretion. You should review and understand the terms and policies applicable to those third-party services.
We may offer new features, resources, integrations, or tools through the Services in the future. Such features will also be considered part of the Services and subject to these Terms unless otherwise stated.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, integrations, or links to websites or online platforms operated by third parties.
We are not responsible for examining or evaluating the accuracy, security, content, products, services, practices, or policies of third-party websites or platforms.
If you choose to access third-party websites or services, you do so at your own risk.
We are not responsible for harm or damages arising from your use of third-party websites, products, services, resources, or content to the extent permitted by applicable law.
You should carefully review the applicable third party's policies and terms before engaging in a transaction with that party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
BarkMiles is powered by Shopify, which provides technology and services that enable us to operate our online store.
However, purchases made through our store are transactions directly between you and BarkMiles.
Shopify is not the seller of BarkMiles products and is not responsible for the products purchased from BarkMiles, fulfillment of those purchases, customer service provided by BarkMiles, or other aspects of the transaction between you and BarkMiles except to the extent Shopify separately provides services directly to you.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy (https://shopbarkmiles.com/policies/privacy-policy).
Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process information regarding your access to and use of the Services in order to provide, maintain, secure, and improve its services.
Information submitted through the Services may also be transmitted to service providers, fulfillment partners, payment providers, shipping providers, marketing providers, and other parties as described in our Privacy Policy (https://shopbarkmiles.com/policies/privacy-policy).
By using the Services, you acknowledge that you have had the opportunity to review the applicable privacy policies.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, proposals, plans, photographs, testimonials, or other content to us (“Feedback”), you grant BarkMiles a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, and promoting the Services, subject to applicable law.
You represent and warrant that you have the necessary rights to provide the Feedback and that your Feedback does not violate the rights of another person or applicable law.
You are responsible for the accuracy and content of Feedback you submit.
We may monitor, edit, decline to publish, or remove Feedback that we reasonably believe violates these Terms, applicable law, or the rights of another person.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, estimated delivery times, product availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information when appropriate.
If information affecting an order is materially incorrect, we may contact you regarding the issue or cancel the affected order where permitted by applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
- For any unlawful, fraudulent, or malicious purpose.
- To violate applicable international, federal, state, provincial, or local laws or regulations.
- To infringe upon or violate our intellectual property rights or the rights of others.
- To harass, abuse, threaten, intimidate, defame, or unlawfully harm another person.
- To submit intentionally false or misleading information.
- To distribute spam, phishing communications, malware, malicious code, or other harmful material.
- To impersonate another person or entity.
- To interfere with, disrupt, bypass, or circumvent security or authorization features of the Services.
- To collect or track personal information of others in violation of applicable law.
- To engage in activity that restricts or interferes with another person's lawful use of the Services.
We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
This section applies to software or services that take autonomous or semi-autonomous actions on behalf of a person or entity (“Agents”).
Agents accessing or interacting with the Services must comply with applicable laws, these Terms, and any technical requirements or access restrictions established by BarkMiles, Shopify, or other applicable service providers.
Agents must not conceal or intentionally misrepresent their automated nature when identification is required, circumvent CAPTCHAs or similar security measures, bypass technical controls designed to restrict automated access, or otherwise interfere with the security or operation of the Services.
We may limit, restrict, or block automated access when necessary to protect the Services, our customers, our business, or our service providers.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services, subject to applicable law, if you materially violate these Terms or engage in unlawful, fraudulent, abusive, or harmful conduct.
Termination does not eliminate payment or other obligations incurred before termination.
Provisions that by their nature should continue after termination—including intellectual property provisions, warranty disclaimers, limitations of liability, indemnification, and dispute-related provisions—will survive termination to the extent permitted by applicable law.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented through the Services is made available for general informational and commercial purposes.
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except for warranties or protections that cannot legally be excluded.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow certain warranty limitations or exclusions. In those jurisdictions, portions of this section may not apply to you.
Nothing in these Terms is intended to eliminate consumer rights or warranties that cannot lawfully be waived.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARKMILES AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF SAVINGS, OR REPLACEMENT COSTS.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless BarkMiles and its affiliates, partners, officers, directors, employees, contractors, service providers, and licensors from third-party claims, losses, liabilities, damages, or reasonable costs arising from:
1. Your material breach of these Terms.
2. Your violation of applicable law.
3. Your infringement or violation of another person's rights.
4. Your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim where practicable, and you agree to reasonably cooperate in the defense of such a claim.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies or operating rules posted by BarkMiles in connection with the Services, constitute the agreement governing your use of the Services and supersede prior agreements or communications relating to the same subject matter.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where consent is required.
BarkMiles may transfer, assign, or delegate its rights and obligations under these Terms as permitted by applicable law, including in connection with a sale, merger, restructuring, or transfer of the business.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services will be governed by the applicable laws of the jurisdiction in which BarkMiles is headquartered, without limiting any consumer protections that apply to you under applicable law.
Any disputes will be handled in courts having lawful jurisdiction over the dispute unless another dispute-resolution procedure is required by applicable law.
SECTION 23 - HEADINGS
Headings are included for convenience and organization only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service through our store.
We reserve the right to update or modify these Terms from time to time, including to reflect changes to our Services, business practices, legal requirements, or operational needs.
Material changes will become effective when posted or on another date specified in an applicable notice.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions regarding these Terms of Service can be sent to:
BarkMiles
Email: servicebarkmiles@gmail.com
For questions concerning an order, return, delivery, or product, you can also contact us at servicebarkmiles@gmail.com.