Terms of service

Overview

This website is operated by Earth & Above (Pty) Ltd. Throughout this site, the terms “we”, “us”, and “our” refer to Earth & Above (Pty) Ltd.

Earth & Above (Pty) Ltd provides this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms, you may not access the website or use any services.

Any new features or tools added to the site are also subject to these Terms. The most current version of the Terms of Service is always available on this page. We reserve the right to update or change these Terms by posting updates to our website. Your continued use of the site after changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services.

Section 1 - Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province, or that you have obtained parental or guardian consent to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or in violation of applicable laws, including copyright laws.

You must not transmit viruses, worms, or malicious code.

Any breach of these Terms may result in immediate termination of your access to our Services.

Section 2 - General Conditions 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that content you provide (excluding credit card information) may be transferred unencrypted across networks. Credit card information is always encrypted.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our written permission.

Headings are for convenience only and do not affect the Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is inaccurate, incomplete, or outdated. Materials are provided for general information only and should not be relied upon without consulting other primary sources.

Historical information is provided for reference and may not be current. We reserve the right to modify site content at any time. It is your responsibility to monitor changes.

Section 4 - Modifications to the Service & Prices

Prices for our products are subject to change without notice.

We may modify or discontinue the Service at any time without notice.

We are not liable for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services

Some products or services may be available exclusively online and may have limited quantities. Returns or exchanges are governed by our Returns Policy.

We have made every effort to display colors and images accurately but cannot guarantee that your monitor displays colors correctly.

We may limit sales of products or services to certain people, regions, or quantities at our discretion. All product descriptions and pricing are subject to change without notice.

We do not guarantee that product quality, services, or information will meet your expectations.

Section 6 - Accuracy of Billing & Account Information

We may refuse or cancel any order for any reason. Limits may apply per person, household, account, credit card, or address.

You agree to provide current, complete, and accurate account and purchase information and to update it as necessary.

Refer to our Returns Policy for additional details.

Section 7 - Optional Tools

We may provide access to third-party tools that we do not control.

Such tools are provided “as is” and “as available.” Use of these tools is at your own risk, and you should review the third-party terms.

Future features or tools added to the website are also subject to these Terms.

Section 8 - Third-Party Links

Our Service may include links to third-party websites.

We are not responsible for the content, policies, or practices of third parties and are not liable for any harm related to purchases or interactions with third-party websites.

Section 9 - User Comments, Feedback, and Other Submissions

By submitting comments, suggestions, or creative content, you grant us a perpetual, worldwide, royalty-free license to use, edit, publish, and distribute such submissions.

We may monitor or remove content that violates our Terms or applicable law.

You are responsible for your submissions and must not infringe on the rights of others or include harmful content.

Section 10 - Personal Information

Submission of personal information is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

We may correct errors or omissions in product descriptions, pricing, shipping, or promotions. We are not obligated to update information unless required by law.

Section 12 - Prohibited Uses

You may not use the site for:

  • Illegal purposes

  • Soliciting illegal acts

  • Violating laws or regulations

  • Infringing intellectual property rights

  • Harassment, discrimination, or abusive behavior

  • Submitting false information

  • Transmitting viruses or malicious code

  • Collecting personal information of others without consent

  • Spamming or scraping content

  • Any actions that interfere with site security

Violations may result in termination of access.

Section 13 - Disclaimer of Warranties, Limitation of Liabilities

Our Service is provided “as is” and “as available.” We do not guarantee uninterrupted, secure, or error-free use.

We are not liable for any direct or indirect damages arising from use of the Service or products.

Section 14 - Indemnification

You agree to indemnify and hold harmless Earth & Above and its affiliates from any claims, damages, or expenses arising from your breach of these Terms or violation of law.

Section 15 - Severability

If any provision is found invalid, the remaining provisions remain enforceable.

Section 16 - Termination

These Terms remain in effect until terminated by you or us.

We may terminate your access at any time for violation of these Terms.

Section 17 - Entire Agreement

These Terms and any posted policies constitute the entire agreement between you and Earth & Above and supersede any prior agreements.

Section 18 - Governing Law

These Terms are governed by the laws of South Africa.

Section 19 - Changes to the Terms of Service

We may update or change these Terms at any time. Your continued use constitutes acceptance of changes.

Section 20 - Contact Information

Questions about these Terms should be sent to: info@earthandabove.com