Terms of service

TERMS OF SERVICE POLICY

Effective Date: March 14, 2025

1. Acceptance of Terms

By accessing or using the TAKENYA website (the “Site”), purchasing products as a customer, or participating in any extended programs—such as Wholesale Buyer, Affiliate Marketing, or Influencer collaborations—you agree to be bound by these Terms of Service (“Terms”). Some programs may include separate or supplemental agreements, and by enrolling in those programs, participants acknowledge and agree to any additional terms therein.

Age of Majority / Capacity
By using this Site, you represent that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you may only use the Site or Services with the consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.

2. Scope & Eligibility

  • Primary Scope: These Terms primarily govern the relationship with our customers and website visitors.
  • Program Participants: If you participate in our Wholesale, Affiliate, or Influencer Programs, you must also comply with those program-specific requirements.
  • Approval: Participation in our extended programs is subject to approval. Failure to comply with additional program terms may result in immediate termination of participation and/or legal action if fraudulent activity is detected.

3. User Accounts & Security

  • Certain areas of the Site or services (e.g., checkout, order management) may require an account. You are responsible for keeping your login credentials confidential and for all activities on your account.
  • TAKENYA is not liable for unauthorized access resulting from user negligence.
  • We reserve the right to suspend or terminate accounts involved in fraudulent or prohibited activities.
  • Transmission & Encryption Disclaimer: Non-credit-card data may travel unencrypted across networks or devices, while credit card information is always encrypted. Although we take measures to protect data, internet transmissions are never fully secure.

4. Prohibited Conduct

You may not:

  • Use the Site or its content for any fraudulent, misleading, or unlawful purposes.
  • Copy, modify, distribute, or reproduce TAKENYA’s content without permission.
  • Interfere with or disrupt the Site’s functionality, security, or integrity.
  • Engage in unauthorized data collection, hacking, or spamming.
  • Misrepresent TAKENYA’s brand, products, or partnerships.
  • Use the Site to promote third-party goods/services without permission.
  • Upload or transmit viruses or destructive code.
  • Engage in hate speech or harassing behavior based on gender, orientation, religion, ethnicity, race, age, or disability.
  • Collect personal information of others without authorization.
  • Submit false or misleading information or impersonate others.
  • Engage in obscene, pornographic, or otherwise objectionable content.

Immediate Termination & Right to Refuse Service

  • Immediate Termination: Any violation of these Terms may result in immediate termination of your account or access, at TAKENYA’s sole discretion.
  • Refusal of Service: We reserve the right to refuse service to anyone for any reason, including suspected fraud or conduct we believe damages TAKENYA’s reputation, mission, values, or supported causes.
  • Legal Recourse: Beyond termination, we may pursue legal recourse (defamation claims, reputational harm, or other damages) if your actions or statements harm the company, brand, or beneficiaries.

5. Purchases, Payments & Refunds

  • For Customers: All sales are final unless stated otherwise in our Shipping Policy and/or Refund and Returns Policy.
  • Price & Service Modifications: We can update or discontinue products, services, or pricing at any time without notice or liability.
  • Secure Payments: Payments are processed via third parties (e.g., major credit cards, PayPal). You’re responsible for applicable taxes and duties.
  • Color Accuracy Disclaimer: Product colors/images may appear differently on various screens.
  • Errors, Inaccuracies & Omissions: We reserve the right to correct any errors, update info, or cancel orders if details are inaccurate. No obligation to continuously update site info.

For details on refunds and exchanges, refer to our Shipping, Refund, and Returns Policy.

5.1 Promotional Offers & Discount Codes

  • Usage & Limitations: Codes/promotions are subject to their own stated terms (e.g., usage limits, dates, thresholds).
  • No Combinations: Promotions generally cannot be combined unless stated.
  • Modification/Discontinuation: We may modify or discontinue offers at any time.
  • Retroactive Application: Discounts can’t be applied to past orders.
  • Fraud Prevention: Fraudulent or abusive discount use may lead to order cancellation and/or account termination.

6. Wholesale Buyer Program

  • Wholesale pricing, order minimums, and resale terms follow separate wholesale-specific guidelines found on our Wholesale Buyer Agreement Terms.
  • Unauthorized resale outside agreed terms is prohibited.
  • Wholesale buyers must align with TAKENYA’s mission and values.

7. Affiliate & Influencer Programs

  • Affiliates/Influencers must follow program guidelines, policies, and any applicable laws (e.g., FTC disclosure rules).
  • Program violations or brand misrepresentation results in program removal and forfeiture of any commissions.
  • Additional program details may be in separate documents found on our Affiliate Marketing Agreement Terms and our Influencer Marketing Program Terms and while the company aims to provide notice, we retain the right that any of these programs and terms are subject to change without notice.

8. Intellectual Property

  • TAKENYA owns all content, logos, trademarks, and product imagery.
  • User-Generated Content: By submitting reviews, posts, or media featuring TAKENYA, you grant us a royalty-free license to use that content.
    • Content Moderation: We may remove user content we find unlawful, threatening, defamatory, or harmful to our brand, mission, or values.
    • Revocation of IP Usage: If you misuse or negatively portray our brand/mission, you must remove all TAKENYA logos, marks, or media assets upon request.
    • Defamation & Damages: Harmful or defamatory content may result in legal action.
  • Waiver of IP Claims: By using the Site or submitting content, you waive any claims to TAKENYA’s IP. If requested, you must remove or delete all references to our IP immediately.

9. Third-Party Services & Business Operations

  • We integrate with outside platforms for payment processing, analytics, etc.
  • You acknowledge that these interactions involve third-party policies.
  • Optional Tools: If offered, they’re “as is,” without warranties from us.
  • Third-Party Liability Disclaimer: We aren’t liable for errors, breaches, or disruptions caused by these external services.

10. Shipping, Returns & Refunds

  • U.S. Shipping: We currently only ship within the United States but may expand internationally in the future.
  • Policy Reference: For refunds, returns, or other shipping details, see our
  • Shipping Policy and/or Refund and Returns Policy.
  • Estimated Times: Shipping times are estimates; we aren’t responsible for carrier delays or customs inspections.

11. Charitable Contributions & Cause Marketing

  • Our Commitment: We donate 10% of all profits to vetted causes chosen by TAKENYA.
  • Additional Campaigns: Certain events or co-branded products may feature unique donation percentages.
  • Donation Transparency: We ensure the charity is vetted but aren’t liable for its subsequent fund usage. We don’t guarantee tax-deductible status.
  • Cause Marketing: For campaigns or products supporting specific causes, we’ll clarify donation calculations and distributions.

12. Product Care & Use

  • Customers must follow product care instructions (e.g., washing, storage).
  • We aren’t liable for damage caused by improper care or misuse.
  • Some products have specific guidelines; read them to maintain warranties or eligibility for returns.

13. Indemnification

You agree to indemnify and hold TAKENYA (including owners, affiliates, and employees) harmless from any claims, damages, legal costs, or liabilities arising from:

  • Your misuse of our Site, products, or services.
  • Any violations of these Terms or applicable laws.
  • Third-party claims linked to your content, actions, or transactions with TAKENYA (including IP violations).

14. Limitation of Liability

  • We aren’t liable for indirect, incidental, or consequential damages from using our Site, products, or marketing programs.
  • Product performance is subject to legal warranties, but we make no additional guarantees beyond the law.
  • You’re responsible for proper care and usage of purchased items.
  • Your submission of personal information through the Site is governed by our Privacy Policy.

15. Governing Law & Dispute Resolution

  • These Terms are governed by Alaska law, without conflict-of-law principles.
  • Disputes first go to mediation; if that fails, binding arbitration in Fairbanks, Alaska.
  • You consent to Alaska courts for proceedings that can’t be resolved via arbitration.
  • No Class-Action: You waive the right to participate in class-action suits against TAKENYA.

16. Additional Disclaimers

16.1 Site Availability & Accuracy

We provide the Site “as is” and “as available,” with no guarantees it’s uninterrupted, secure, or error-free. We aren’t responsible if site info is inaccurate or outdated.

16.2 Product Availability & Pricing

All products or services are subject to limited availability and aren’t guaranteed in stock. Prices may change without notice. We may discontinue products at any time.

16.3 No Additional Warranties

Except as required by law, we don’t warrant products/services to meet your expectations or be error-free. You rely on Site info at your own risk.

16.4 Force Majeure

We aren’t liable for delays or nonperformance if due to uncontrollable events (e.g., natural disasters, strikes, pandemics, government actions, etc.).

16.5 Electronic Communications Consent

By providing your email or phone, you agree to receive electronic communications. You can opt out of marketing messages, but we may still send essential or legally required notices.

17. Additional Provisions

17.1 No Partnership or Agency Created

Nothing in these Terms creates a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and TAKENYA.

17.2 Assignment of Terms

You may not assign your rights or obligations under these Terms without written consent. We can assign or transfer our rights/obligations without restriction.

17.3 No Third-Party Beneficiaries

These Terms are solely between you and TAKENYA and don’t create rights or remedies for any third party.

17.4 Local Laws & Export Compliance

You’re responsible for following local laws regarding acceptable content, online conduct, and purchasing. If you access from outside the U.S., you must comply with local export/import laws.

17.5 Disclaimer of Liability for Shipping Carriers

Except where required by law or stated otherwise in our Shipping Policy, we aren’t liable once orders are handed over to the carrier. Issues with shipping or delivery should generally be addressed with the carrier.

18. Changes to These Terms

  • We may update these Terms at any time. Continued use of the Site signifies acceptance of changes.
  • Significant changes may be announced by email or a notice on the Site.

19. Entire Agreement, Severability, No Waiver & Headings

  • Entire Agreement: These Terms, plus referenced policies, comprise our entire agreement, overriding previous communications.
  • Severability: If a portion is deemed unenforceable, the rest remains valid.
  • No Waiver: Not enforcing any right doesn’t waive it.
  • Headings: Section headings are for convenience and don’t affect interpretation.

20. Contact Information & Notice

  • Official Notices: Send formal notices or legal questions to:
    TAKENYA
    P.O. Box 10145
    Fairbanks, Alaska 99710
    United States
  • General Inquiries: For any other questions, email info@takenyausa.com.

By using TAKENYA’s website or purchasing products from us, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.