Terms of service

Welcome to KLEAR! “We” and “our” refer to KLEAR. KLEAR operates this store and website, including all related information, content, features, tools, products, and services, to provide you (our customer) with a curated shopping experience (the “Service”). KLEAR is powered by Shopify, which enables us to provide the Service to you.

The specific Terms of Service below, and any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Service, 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 our Privacy Policy, you should not use or access our Service.

Section 1 - Access Permissions 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 that you consent to allow any minor family members to use our 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 and billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, complete, and up to date, and that you have all rights necessary to provide it.

Maintaining the security of your login credentials and all activity on your account is solely your responsibility. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to accurately represent our products and services in our online store. However, please note that due to differences in the device you use to access the store and that device’s settings, the actual colors or appearance of products may differ from what you see on your screen.

We do not guarantee that any product or service you purchase will look like or be of the quality you expect, or that it will be exactly as described or presented in our online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantity of any product we supply to any person, geographic area, or jurisdiction, depending on specific circumstances.

Section 3 - Orders

Placing an order constitutes your offer to purchase. KLEAR reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is not accepted until KLEAR confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as KLEAR may not be able to help you cancel it once it has been accepted. If we do not accept, change, or cancel your order, we will attempt to notify you using the email address, billing address, or phone number you provided when placing your order.

Your purchase is subject to return and exchange only in accordance with our Refund Policy.

You represent and warrant that you are purchasing products for 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 is the price in effect at the time you place your order, and this price will also appear in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping costs, handling fees, or customs or import charges.

Prices posted in our online store may differ from those offered in physical stores or in third-party online or other stores. We may occasionally offer promotions that affect pricing; these promotions are governed by separate terms of service independent of these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide complete, accurate, and up-to-date purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account information and other details, including your email address, credit card number, and expiration date, so we can complete your transactions and contact you if needed.

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

Section 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Ownership and risk of loss transfer to you immediately once we hand the product over to the carrier.

Section 6 - Intellectual Property

Our services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their related designs, selections, and arrangements, are the property of KLEAR, its affiliates, or licensors, and are protected by US and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material related to the Service without our prior written consent. Nothing in these Terms grants you, or shall be construed as granting you, any license or other rights to any patents, trademarks, copyrights, or other intellectual property rights of KLEAR, Shopify, or any third party, except as expressly stated in these Terms. Unauthorized use of the Service may violate federal and state intellectual property laws. KLEAR reserves all rights not expressly granted in these Terms.

The KLEAR name, logo, product and service names, designs, and slogan are trademarks of KLEAR or its affiliates or licensors. You may not use these trademarks without KLEAR’s prior written permission. The Shopify name, logo, product and service names, designs, and slogan are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are trademarks of their respective owners.

Section 7 - Optional Tools

As part of the Service, you may be given access to customer tools provided by third parties, which we do not monitor, control, or intervene in.

You acknowledge and agree that we provide access to such tools “as is” and when available, without warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability whatsoever for, or in connection with, your use of optional third-party tools.

Your use of optional tools offered through the website is at your own risk and discretion, and you should make sure you are familiar with and agree to the terms of the tools offered by the relevant third-party providers.

We may also offer new features through the Service in the future (including the release of new tools and resources). These new features will also be considered part of the Service and are subject to these Terms of Service.

Section 8 - Third-Party Links

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

We assume no liability for any harm or damage caused by your access to any third-party website, or by your purchase or use of products, services, resources, or content on any third-party website. Please carefully review third parties’ policies and practices to make sure you understand their specific requirements before engaging in any transaction. Complaints, claims, concerns, or issues regarding third-party products and services should be directed to the relevant third party.

Section 9 - Relationship with Shopify

KLEAR is powered by Shopify, which enables us to provide services to you. However, all sales and purchase transactions you make in our store are completed directly with KLEAR. By using the Service, you acknowledge and agree that Shopify is not responsible for any matter arising from or related to sales transactions between you and KLEAR, including any harm, damage, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KLEAR.

Section 10 - Privacy Policy

All personal information we collect through the Service is governed by our Privacy Policy, which you can view here https://klearbeautyco.com/policies/privacy-policy. Some personal information may be governed by Shopify’s Privacy Policy, which you can view here. By using the Service, you acknowledge that you have read these Privacy Policies.

Because the Service is hosted by Shopify, Shopify will collect and process personal information about your access to and use of the Service in order to provide and improve it. Information you submit through the Service will be transferred to and shared with Shopify and third parties, which may be located in countries other than yours, in order to provide the Service to you. Please see our Privacy Policy https://klearbeautyco.com/policies/privacy-policy for more information 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, opinions, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to perform and exercise our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you have all rights necessary to submit the Feedback; (ii) you have disclosed any compensation or reward you receive for submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personal, or other individual or proprietary rights. You further agree that your Feedback will not contain defamatory, illegal, abusive, or obscene content, or contain in any form any computer virus or other malicious software that could affect the operation of the Service or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility for Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

In rare cases, there may be typographical errors, inaccuracies, or omissions in information about the Service or within the Service relating to product descriptions, pricing, promotions, offers, shipping costs, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, and to change or update information or cancel orders (including after you have submitted an order).

Section 13 - Prohibited Uses

You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes: (a) any illegal or malicious purpose; (b) to violate any international, federal, provincial, or state statute, rule, law, or local ordinance; (c) to infringe or harm our intellectual property rights or those of others; (d) to harass, insult, abuse, harm, defame, slander, disparage, or intimidate any of our employees or other personnel; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or cause the transmission of, any advertising or promotional material, including any “spam,” “chain letters,” “unsolicited bulk mail,” 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 prevents anyone from using or enjoying the Service, or that, in our judgment, may harm KLEAR, Shopify, or users of the Service, 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 could affect the functionality or operation of the Service; (b) copy, imitate, resell, or exploit any part of the Service; (c) collect or track the personal information of others; (d) spam, phish, spoof, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any provision of these Terms.

Section 14 - Termination

We may terminate this Agreement or your access to the Service (or any part of it) at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, 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

The information provided on or through the Service is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of such information. You assume all risk of relying on it. We assume no liability arising from reliance on such information by you, any other visitor to the Service, or anyone who may have access to its content.

Unless expressly stated by KLEAR, the Service and all products provided through it are provided “as is” and “as available” for your use, without express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant or represent that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or prohibit the exclusion of implied or other warranties, so the above disclaimer may not apply to you.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, in no event shall KLEAR, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special, or consequential, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Service or any product purchased through the Service, or 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 resulting from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless KLEAR, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, debt, or claim payable to any third party arising from or related to: (1) your breach of these Terms of Service or any document referenced herein; (2) your violation of any law or the rights of any third party; or (3) your access to and use of the Service.

We will notify you of any claim subject to indemnification, and failure to provide timely notice will not relieve you of your indemnification obligations unless it causes you material prejudice. We may control the defense and settlement of such claims at your expense, including the choice of attorneys; however, we will not settle any claim that requires you to assume non-monetary obligations without your consent (which may not be unreasonably withheld). You must cooperate in the defense of claims subject to indemnification, including by providing relevant documentation.

Section 18 - Severability

If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede 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 these Terms of Service).

Any ambiguity 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 attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 - Governing Law

These Terms of Service and any separate agreements under which we provide services to you are governed by and construed under the jurisdiction of the federal, state, or district courts where KLEAR is headquartered. You and KLEAR consent to the territorial and personal jurisdiction of those courts.

Section 22 - Headings

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 23 - Changes to the Terms of Service

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

These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the laws of Hong Kong.

Section 24 - Contact Information

Questions about these Terms of Service should be sent to support@klearbeautyco.com

Section 25 - Subscriptions and Recurring Orders

Some products in our store may be available for purchase by subscription. When you purchase a subscription, you will receive recurring deliveries based on the subscription length and frequency you select at the time of purchase. All subscription orders are subject to these Terms of Service and our Refund Policy.

Your payment details will be stored securely, and you will be charged for each delivery unless you choose to pay in advance. Subscription prices are subject to change without notice. We may notify you of any price changes before they take effect.

You may cancel or change your subscription at any time by logging into your account or contacting our customer service team at support@klearbeautyco.com. Cancellations must be submitted at least 48 hours before your next scheduled renewal date to avoid being charged for the next delivery.

Once a subscription order has been processed and shipped, it cannot be canceled. Charges already processed are non-refundable, except as otherwise stated in our Refund Policy.

If you cancel your subscription, you will not be charged for future deliveries, but you will remain responsible for all charges incurred before cancellation.

Our contact information: support@klearbeautyco.com