Terms of Service

Effective Date: March 14, 2025

1. Acceptance of Terms

By accessing or using TAKENYA’s website, purchasing products, or participating in any of our programs—including but not limited to our Wholesale Buyer Program, Affiliate Marketing Program, and Influencer Marketing Program—you agree to be bound by these Terms of Service. Additional agreements may apply to specific programs, and by enrolling in these programs, participants acknowledge and agree to those supplemental terms.

2. Eligibility & Program Participation

  • Participation in TAKENYA’s Affiliate, Influencer, and Wholesale Buyer Programs is subject to approval.

  • Approved participants must adhere to the terms outlined in their respective agreements.

  • Failure to comply with program terms may result in termination of participation, forfeiture of payments, or legal action if fraudulent activity is detected.

3. User Accounts & Security

  • Certain services require an account. You are responsible for maintaining the confidentiality of login credentials and all activities under your account.

  • TAKENYA is not responsible for unauthorized account access due to user negligence.

  • We reserve the right to suspend or terminate accounts involved in fraudulent or prohibited activities.

4. Use of Website & Prohibited Conduct

You may not:

  • Use our website for fraudulent, misleading, or unlawful purposes.

  • Copy, modify, distribute, or reproduce TAKENYA’s content without explicit permission.

  • Interfere with or disrupt website functionality, security, or integrity.

  • Engage in unauthorized data collection, hacking, or spamming activities.

  • Misrepresent TAKENYA’s brand, products, or partnerships.

  • Use our website to promote third-party goods or services without permission.

5. Purchases, Payments & Refunds

  • All sales are final unless otherwise stated in our [Return Policy] (insert link).

  • Prices and product availability are subject to change without notice.

  • Payments are securely processed through third-party providers. Accepted payment methods include major credit cards, PayPal, and other options listed at checkout.

  • Customers are responsible for applicable taxes and duties based on their shipping location.

  • Returns & Refunds: Customers seeking a refund are responsible for return shipping costs, and a 20% restocking fee will apply. Refunds are not applicable to final sale or clearance items, or digital goods. If the product issue is due to manufacturing defects, TAKENYA will provide a return shipping label. Refund approvals, including whether a full or partial refund is issued, will be at the full discretion of TAKENYA based on the return reason and product condition.

6. Wholesale Buyer Program

  • Approved wholesale buyers must provide valid business credentials.

  • Wholesale pricing, order minimums, and resale terms are governed by the Wholesale Agreement.

  • Unauthorized resale of TAKENYA’s products outside of agreed-upon terms may result in account termination.

  • All wholesale buyers must refer to and abide by the full governing terms outlined in the Wholesale Agreement.

7. Affiliate & Influencer Programs

  • Participants must comply with their respective program agreements.

  • Commissions, tracking, and payouts are governed by the Affiliate and Influencer Agreements.

  • Misrepresentation of TAKENYA’s brand, fraudulent activity, or failure to comply with program guidelines will result in termination and forfeiture of earnings.

8. Intellectual Property

  • All content, logos, trademarks, original designs, and product imagery belong to TAKENYA and cannot be used without written authorization.

  • User-Generated Content: By submitting content (e.g., reviews, social media posts) featuring TAKENYA products, users grant TAKENYA a royalty-free, worldwide license to use, reproduce, modify, and display this content for marketing and promotional purposes. TAKENYA reserves the right to use such content in legal proceedings if it causes damage or harm.

  • Unauthorized reproduction, resale, or modification of TAKENYA’s products and designs is strictly prohibited.

9. Third-Party Services & Business Operations

  • TAKENYA integrates with third-party platforms for business operations, including payment processing, marketing automation, and analytics.

  • By using our website and services, you acknowledge that your interactions may involve third-party providers, subject to their respective policies.

  • Third-Party Liability Disclaimer: TAKENYA is not responsible for errors, service disruptions, or breaches caused by these third-party platforms.

10. Shipping, Returns & Refunds

  • TAKENYA’s shipping, return, and refund policies are outlined in our [Shipping & Return Policy] (insert link).

  • Customers must review these policies before making a purchase.

  • Handling Complaints and Returns:

    • Immediate Acknowledgment: Customer concerns will be acknowledged within 24 hours, with a thorough investigation conducted.

    • Resolution Policy: TAKENYA allows customers to choose between a replacement, repair, or refund (if within 30 days) following an issue.

    • Example Response: "We’re very sorry to hear about the issue with your recent purchase. We offer replacements, repairs, or refunds within 30 days of purchase and repair/replacement within 90 days, so we’ll ensure this gets resolved quickly. Could you please provide your order number so we can look into the issue for you?"

    • Steps for Resolution:

      • Verify the purchase date and investigate the issue.

      • Provide the customer with options for replacement, repair, or refund (if eligible).

      • If returning, process the refund or arrange for the repair/replacement to be sent.

11. Indemnification

Users agree to indemnify and hold harmless TAKENYA, its owners, affiliates, and employees from any claims, damages, losses, legal costs, attorney fees, or legal actions arising from:

  • Misuse of our website, products, or services.

  • Violation of these Terms of Service or applicable laws.

  • Third-party claims resulting from user content, actions, or transactions related to TAKENYA, including intellectual property violations.

12. Limitation of Liability

  • TAKENYA is not liable for indirect, incidental, or consequential damages arising from the use of our website, products, or marketing collaborations.

  • Product performance is covered by applicable legal warranties, but TAKENYA makes no express guarantees beyond those required by law.

  • Customers assume responsibility for the proper use and care of purchased products.

13. Governing Law & Dispute Resolution

  • These Terms of Service shall be governed by and construed in accordance with the laws of Alaska, without regard to conflict of law principles.

  • Any disputes shall first be resolved through mediation. If mediation fails, disputes shall be settled through binding arbitration in Fairbanks, Alaska.

  • By using TAKENYA’s website and services, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Alaska for any legal proceedings that cannot be resolved through arbitration.

  • Users waive the right to participate in class-action lawsuits against TAKENYA.

14. Changes to These Terms

  • We reserve the right to update these Terms of Service at any time. Continued use of our website constitutes acceptance of any modifications.

  • Significant updates will be communicated via email or an announcement on our website.

For inquiries, contact us at info@takenyausa.com.