TERMS OF SERVICE

This website is operated by Being Gurkha (“we”, “us”, “our”). By visiting our site or purchasing from our store, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including all additional policies referenced herein.

If you do not agree to these Terms, you may not use or access the Services.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that enables us to sell products and services to you. All contractual obligations, warranties, and liabilities are strictly between you and Being Gurkha.

👤 SECTION 1 – ACCESS, ELIGIBILITY & ACCOUNT SECURITY

By using our Services, you confirm that you are at least the age of majority in your jurisdiction, or you have provided consent as a parent or guardian for a minor to use the site.

You agree to provide accurate, current, and complete account information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

Being Gurkha is not responsible for unauthorized access resulting from your failure to secure your account.

You may not transfer, license, sell, or assign your account to any third party.

🛍️ SECTION 2 – PRODUCT INFORMATION & AVAILABILITY

We make every reasonable effort to display accurate descriptions, images, colours, textures, and specifications.

However:

• Display settings and device differences may cause colour variation.
• Actual product appearance, fit, and material may vary slightly.
• All product information, pricing, and availability are subject to change without notice.

We reserve the right to:

• Modify product descriptions
• Limit quantities
• Restrict sales by region
• Discontinue products at any time without liability

We do not guarantee that products will meet personal expectations.

🧾 SECTION 3 – ORDERS, ACCEPTANCE & CANCELLATION

Your order constitutes an offer to purchase. We may accept or decline an order at our sole discretion.

An order is considered accepted only when:

• Your payment is successfully processed.
• We issue an official order confirmation

We may cancel or refuse an order due to:

• Stock shortages
• Billing inaccuracies
• Suspected fraud
• Regulatory restrictions
• Operational constraints

If an order is cancelled after payment, you will receive Store Credit, unless otherwise required by law.

You are responsible for reviewing all order details prior to checkout.

💳 SECTION 4 – PRICING, PAYMENTS & TAXES

All prices are subject to change without notice.

Unless stated otherwise, prices exclude:

• Shipping and handling fees
• Import duties
• Customs charges
• Taxes

You agree to provide accurate billing and payment details and authorize Being Gurkha to charge your payment method for the full transaction amount.

You represent that you are legally authorized to use the provided payment method.

🚚 SECTION 5 – SHIPPING, DELIVERY & RISK OF LOSS

Delivery timelines displayed are estimates and not guarantees. We are not responsible for delays caused by:

• Carriers
• Customs inspections
• Weather or unforeseen events
• Incorrect shipping information provided by you

Risk of loss passes to you once the package is handed to the carrier.

International customers are responsible for customs duties, import taxes, and compliance with local laws.

🔁 SECTION 6 – RETURNS, EXCHANGES & STORE CREDIT ONLY

You may request a return within 15 days of receiving your item. All returns require prior approval through our Return Portal.

Items must be:

• Unused, unworn, unwashed
• In original packaging
• With tags attached
• Accompanied by proof of purchase

Non-returnable items include:

• Custom/personalised goods
• Personal care items
• Hazardous materials
• Flammable liquids or gases
• Perishable goods
• Sale items
• Gift cards

Approved returns receive BEING GURKHA STORE CREDIT ONLY.

Refunds to the original payment method are not offered (unless required by law).

Exchanges require submitting a return first and repurchasing the desired item.

🧠 SECTION 7 – INTELLECTUAL PROPERTY RIGHTS

All content on the Services—including logos, graphics, product designs, images, text, layouts, and digital assets—is owned by Being Gurkha or its licensors.

You may not:

• Copy, modify, or reproduce content
• Sell or license derivative works
• Use trademarks without permission
• Reverse-engineer or scrape site content

You are granted a limited license to use the site for personal, non-commercial purposes only.

🧰 SECTION 8 – OPTIONAL TOOLS & FUTURE FEATURES

We may provide access to third-party tools or beta features without any warranties.

Your use of such tools is entirely at your own risk.

Future features added to the site will also be subject to these Terms.

🔗 SECTION 9 – THIRD-PARTY LINKS & EXTERNAL RESOURCES

Our site may contain links to third-party websites.

We do not endorse, monitor, or guarantee the accuracy of third-party content.

Any purchases or interactions with third-party sites are strictly between you and the provider.

💬 SECTION 10 – USER FEEDBACK & SUBMISSIONS

By submitting ideas, reviews, comments, or other content (“Feedback”), you grant Being Gurkha an irrevocable, perpetual, royalty-free, worldwide license to use, reproduce, publish, or distribute the content for any lawful purpose.

You represent that:

• You own the content
• It contains no harmful software
• It infringes no third-party rights

🛡️ SECTION 11 – PROHIBITED USES

You may not use the Services for illegal, harmful, abusive, or fraudulent activities, including:

• Harassment, defamation, discrimination
• Uploading viruses or malicious code
• Data scraping or unauthorized data collection
• Impersonation
• Violating intellectual property laws
• Attempting to interfere with system security

We reserve the right to suspend or terminate access for violations.

🔍 SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

The website may occasionally contain typographical errors or incomplete information related to:

• Product descriptions
• Pricing
• Promotions
• Shipping details

We reserve the right to correct errors, update content, or cancel affected orders at any time.

✨ SECTION 13 – DISCLAIMER OF WARRANTIES

Except where prohibited by law, all products and services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind.

We do not guarantee:

• Error-free operation
• Uninterrupted access
• Accuracy of information
• Suitability for any purpose

⚖️ SECTION 14 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Being Gurkha is not liable for:

• Indirect or consequential damages
• Lost revenue or lost profits
• Loss of data
• Business interruption
• Damages arising from misuse of the Services

Where liability cannot be excluded, our total liability is limited to the amount paid for the relevant product.

🧷 SECTION 15 – INDEMNIFICATION

You agree to indemnify and hold harmless Being Gurkha and its affiliates from any claims, losses, liabilities, or expenses arising from your breach of these Terms or misuse of the Services.

✂️ SECTION 16 – SEVERABILITY

If any provision of these Terms is deemed unlawful or unenforceable, that provision will be severed without affecting the remaining Terms.

🧾 SECTION 17 – WAIVER & ENTIRE AGREEMENT

Failure to enforce any right or provision does not constitute a waiver.

These Terms, together with all referenced policies, form the entire agreement between you and Being Gurkha.

🔁 SECTION 18 – ASSIGNMENT

You may not assign your rights under these Terms without our written consent.

Being Gurkha may assign its rights at any time.

🇦🇺 SECTION 19 – GOVERNING LAW

These Terms are governed by the laws of Australia.

Any disputes will be resolved in the courts located in the state or territory where Being Gurkha is headquartered.

🔐 SECTION 20 – PRIVACY & DATA PROCESSING

Your personal information is subject to our Privacy Policy.

Shopify may also process data, including cross-border transfers, as necessary to operate the platform.

🔗 SECTION 21 – RELATIONSHIP WITH SHOPIFY

Shopify provides ecommerce infrastructure but is not a party to your transactions.

You release Shopify from all liability related to purchases made through our store.

🔄 SECTION 22 – CHANGES TO TERMS

We may modify these Terms at any time by posting updates to this page.

Your continued use of the Services after changes constitutes acceptance.

📮 SECTION 23 – CONTACT INFORMATION

For questions regarding these Terms of Service:

📧 beinggurkha@gmail.com

Business Name: Being Gurkha