Terms of service

 

 

OVERVIEW

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

The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and address areas such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access the 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 the state or province in which you reside, and you have given us permission to allow any minor dependents of yours to use the Services on devices that you own, purchase, or control.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing address, delivery address, and payment information.

You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activity occurring through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.

We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or be identical to those displayed or delivered in our online stores.

All product descriptions may be changed at any time without prior notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products we offer 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.

MisterGuru reserves the right to accept or reject your order for any reason at its sole discretion.

Your order is not accepted until MisterGuru has confirmed acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it, as MisterGuru may be unable to process cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number you provided when placing the order.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may be changed without prior notice.

The price charged for a product or service is the price applicable at the time the order is placed and will be stated in the order confirmation email.

Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling costs, and customs or import duties.

Prices in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties.

We may offer promotions on the Services from time to time that may affect pricing and that are subject to terms and conditions separate from these Terms.

If there is a conflict between the terms of a promotion and these Terms, the promotional terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the credit card information you provide is truthful, accurate, and complete;

(ii) you are duly authorized to use such credit card for the purchase;

(iii) charges made by you will be honored by your credit card company; and

(iv) you will pay charges made by you at the stated prices, including shipping and handling charges and all applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping or delivery.

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance, or events beyond our control.

Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection, and arrangement thereof, are owned by MisterGuru, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial use.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written permission.

Unless expressly provided otherwise herein, nothing in these Terms grants you a license or other rights, nor shall anything be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of MisterGuru, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws.

All rights not expressly granted herein are reserved by MisterGuru.

The names, logos, product and service names, designs, and slogans of MisterGuru are trademarks of MisterGuru or its subsidiaries or licensors.

You may not use such trademarks without the prior written permission of MisterGuru.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools provided by third parties as part of the Services, over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any endorsement.

We have no liability 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 agree to the terms under which such tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including the release of new tools and resources.

Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of materials or websites operated by third parties that you choose to access.

If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damage or loss related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review the policies and practices of the third party and make sure you understand them before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

MisterGuru is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our Store are directly between you and MisterGuru.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and MisterGuru, including any injury, damage, or loss resulting from products and services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with MisterGuru.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK].

Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here.

By using the Services, you acknowledge that you have read this Privacy Policy.

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.

Information you submit through the Services may be transmitted to and shared with Shopify and third parties located in countries other than your country of residence in order to provide services to you.

Please review our Privacy Policy [LINK] for more information about 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, 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 commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these 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 you have received in connection with your Feedback; and

(iii) your Feedback complies with these Terms.

We are not obligated to:

(1) keep your Feedback confidential;

(2) pay compensation for your Feedback; or

(3) respond to your Feedback.

We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service, but we are under no obligation to do so.

You agree that your Feedback will not infringe any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory 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 Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for all Feedback you provide and its accuracy.

We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating 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.

SECTION 13 – PROHIBITED USE

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for unlawful or malicious purposes;

(b) to violate any international, federal, provincial, state, or local regulations, rules, or laws;

(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, intimidate, or discriminate against our employees or any other person;

(e) to submit false or misleading information;

(f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) to send or facilitate the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm MisterGuru, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to:

(a) upload or transmit viruses or other malicious code that will or may 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 impersonate through the Services;

(e) use robots, spiders, scraping, data mining, or data 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, circumvent, bypass, or otherwise evade any security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, allow, enable, or permit an Agent to access, use, or interact with the Services.

“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of or at the direction of a person or entity and that may operate through or with the assistance of a person's device without direct supervision.

14.2

An Agent may not access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set out in Section 14.4 below.

In addition, an Agent may not access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3

We may restrict, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4

Agents must:

(i) identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the user-agent string of the request: “Agent/[agent name]”;

(ii) not conceal or obscure that access, use, or interactions originate from an Agent, including by:

(a) mimicking human behavior and interaction patterns; or

(b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use;

(iii) truthfully respond to questions or prompts intended to determine whether interactions originate from a human or a computer;

(iv) not circumvent or otherwise avoid measures intended to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at any time at our sole discretion and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive 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.


SECTION 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 by you or any other visitor to the Services on such materials, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED BY MISTERGURU, 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 WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MISTERGURU, 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 BUT NOT LIMITED TO 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 SERVICES OR PRODUCTS PURCHASED 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 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.


SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MisterGuru, 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 third parties arising out of or relating to (1) your breach of these Terms of Service or the documents incorporated 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 claim subject to indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may manage the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims, including by providing relevant documents.


SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found 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 severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.


SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.


SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where MisterGuru is established. You and MisterGuru consent to venue and personal jurisdiction in such courts.


SECTION 23 - HEADINGS

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


SECTION 24 - CHANGES 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, at 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 material changes to these Terms in accordance with applicable law, and such changes will take effect 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.


SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@themisterguru.com.

Our contact details are listed below:

Mister Guru info@themisterguru.com Volkerakstraat 21 6826GT Arnhem The Netherlands

Chamber of Commerce Number Netherlands: 96213795 VAT Number: NL005196612B85