Terms of Services
OVERVIEW
Welcome to TryBiometrae. The terms “we”, “us” and “our” refer to TryBiometrae, operated by Avyra Commerce LLC. Avyra Commerce LLC operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”).
TryBiometrae is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence. You also confirm that you have given us permission to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information and delivery address.
You represent and warrant that all information you provide through our store is accurate, current and complete and that you have all rights necessary to provide that information.
You are solely responsible for maintaining the security and confidentiality of your account credentials and for all activity conducted through your account. You must not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every reasonable effort to provide an accurate representation of our products and services in our online store. However, colours and product appearances may vary from how they appear on your screen due to the device you use, your display settings and other technical factors.
We do not warrant that the appearance or quality of any product or service purchased by you will exactly match your expectations or appear exactly as depicted or rendered in our online store.
All product descriptions, specifications and availability are subject to change at any time without prior notice and at our sole discretion.
We reserve the right to discontinue any product at any time. We may also limit the quantities of products offered to any person, household, geographic region or jurisdiction on a case-by-case basis.
Information provided through the Services is for general informational purposes only and is not intended to replace professional medical advice, diagnosis or treatment. Always seek advice from a qualified healthcare professional regarding any medical condition, medication, supplement or dietary concern.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products or services from TryBiometrae.
TryBiometrae reserves the right to accept or decline your order for any lawful reason and at our discretion. Your order is not accepted until we confirm its acceptance. We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it, as TryBiometrae may be unable to accommodate cancellation or amendment requests after an order has been accepted or sent for fulfilment.
If we decline, amend or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.
Your purchases are subject to returns, refunds or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for your own personal or household use and are not intended for commercial resale or unauthorised export.
We reserve the right to limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed using the same customer account, payment method, billing address or delivery address.
SECTION 4 – PRICES AND BILLING
Prices, discounts, subscription offers and promotions are subject to change without prior notice.
The price charged for a product or service will be the price displayed at the time your order is placed and will be confirmed in your order confirmation email.
Unless otherwise expressly stated, displayed prices may not include taxes, delivery fees, handling charges, customs duties or import charges.
Prices displayed through our online store may differ from prices offered through physical stores, marketplaces or other stores operated by third parties.
From time to time, we may offer promotions that affect pricing. These promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the specific promotion terms will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your information, including your email address, payment details and card expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
- The payment information you provide is true, accurate and complete.
- You are authorised to use the selected payment method.
- Charges incurred by you will be honoured by your payment provider.
- You will pay all charges incurred at the displayed prices, including applicable delivery charges, taxes and other fees.
SECTION 5 – SUBSCRIPTIONS AND RECURRING PAYMENTS
Certain TryBiometrae products may be offered as subscriptions involving automatic recurring deliveries and payments.
By purchasing a subscription, you authorise TryBiometrae and its payment providers to charge your selected payment method at the frequency disclosed during checkout. Charges will continue until your subscription is cancelled in accordance with the applicable subscription terms.
The subscription price, billing frequency and applicable delivery charges will be displayed before you complete your purchase.
You are responsible for ensuring that your account, contact, delivery and payment information remains accurate and current.
You may manage or cancel your subscription through your customer account or by contacting us at support@trybiometrae.com.
Cancellation requests must be submitted before the next scheduled renewal is processed. If an order has already been processed or sent for fulfilment, we may be unable to cancel or modify that order.
Cancelling your subscription prevents future renewals but does not automatically cancel or refund an order that has already been processed.
We reserve the right to change subscription prices or terms. Where required by applicable law, we will provide reasonable notice before material changes take effect.
SECTION 6 – SHIPPING AND DELIVERY
All delivery timeframes displayed through the Services are estimates only and are not guaranteed.
We are not responsible for delays caused by delivery carriers, customs authorities, incorrect or incomplete delivery information, adverse weather, labour disruptions, border controls or other events outside our reasonable control.
You are responsible for providing a complete and accurate delivery address. If you provide an incorrect or incomplete address, you may be responsible for additional costs associated with redirecting or reshipping your order.
Once an order has been transferred to the delivery carrier, responsibility for the delivery of the parcel may pass to the carrier to the extent permitted by applicable law.
Nothing in this section excludes or limits any consumer rights that cannot lawfully be excluded under applicable consumer protection legislation.
SECTION 7 – INTELLECTUAL PROPERTY
The Services, including all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, page layouts, designs, selections and arrangements, are owned by or licensed to TryBiometrae, Avyra Commerce LLC, their affiliates or licensors.
These materials are protected by United States and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use.
Unless you have received our prior written permission, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, extract or transmit any material made available through the Services.
Except as expressly provided in these Terms, nothing in these Terms grants or should be interpreted as granting you any licence or other right under any patent, trademark, copyright or other intellectual property belonging to TryBiometrae, Avyra Commerce LLC, Shopify or any third party.
Unauthorised use of the Services may violate intellectual property and other applicable laws. All rights not expressly granted in these Terms are reserved.
The TryBiometrae name, logo, product names, service names, designs and slogans are trademarks of Avyra Commerce LLC or its affiliates or licensors. You must not use these trademarks without our prior written permission.
The Shopify name, logo, product names, service names, designs and slogans are trademarks belonging to Shopify. All other names, logos, product names, service names, designs and slogans displayed through the Services are trademarks belonging to their respective owners.
SECTION 8 – OPTIONAL TOOLS
You may be provided with access to tools or services offered by third parties as part of the Services. We do not necessarily monitor or control these third-party tools.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without warranties, representations, endorsements or conditions of any kind.
To the fullest extent permitted by law, we will not be liable for any loss, harm or damage arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and accept the terms under which the relevant third-party provider makes its tools available.
We may introduce new features, tools or resources through the Services in the future. Any such features, tools or resources will form part of the Services and will be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
The Services may contain content, materials or hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content, accuracy, security or practices of third-party materials or websites.
If you leave the Services to access third-party materials or websites, you do so at your own discretion and risk.
To the fullest extent permitted by law, we are not liable for harm or damages associated with your access to third-party websites or your purchase or use of products, services, resources or content provided through third-party websites.
Please carefully review the relevant third party’s policies and practices before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
TryBiometrae is powered by Shopify, which enables us to provide the Services to you.
However, any purchases you make through our store are made directly from TryBiometrae, operated by Avyra Commerce LLC.
By using the Services, you acknowledge and agree that Shopify is not the seller of the products offered by TryBiometrae and is not responsible for any aspect of the transaction between you and TryBiometrae, including any injury, damage or loss arising from products or services purchased through our store.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with TryBiometrae.
SECTION 11 – PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy.
Certain personal information may also be processed in accordance with Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and other service providers. These providers may be located in countries other than the country in which you reside.
Please review our Privacy Policy for further information about how TryBiometrae, Avyra Commerce LLC, Shopify and our service providers collect, use, store and disclose your personal information.
SECTION 12 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us (collectively, “Feedback”), you grant TryBiometrae and Avyra Commerce LLC a perpetual, worldwide, transferable, sublicensable and royalty-free licence to use, reproduce, modify, adapt, publish, distribute, translate and display that Feedback in any medium and for any lawful purpose, including commercial purposes.
For example, we may use Feedback to operate, evaluate, improve and promote the Services and to exercise our rights or fulfil our obligations under these Terms.
You represent and warrant that:
- You own or have all necessary rights and permissions relating to the Feedback.
- You have disclosed any compensation or incentive received in connection with the Feedback.
- Your Feedback complies with these Terms and all applicable laws.
We are under no obligation to:
- Keep your Feedback confidential.
- Pay compensation for your Feedback.
- Respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our discretion, is unlawful, offensive, threatening, defamatory, obscene, misleading, objectionable or in violation of intellectual property rights or these Terms.
Your Feedback must not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality or other personal or proprietary rights.
Your Feedback must not contain unlawful, abusive, defamatory or obscene material, computer viruses or other harmful code that could affect the operation of the Services or any related website.
You must not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback.
You are solely responsible for the Feedback you provide and its accuracy. We accept no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information made available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, ingredients, pricing, promotions, offers, delivery charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders where information is inaccurate, at any time and without prior notice, including after you have submitted an order.
If we cancel an order after payment has been received, we will provide any refund required under applicable law and our policies.
SECTION 14 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You must not access or use the Services, directly or indirectly:
- For an unlawful, fraudulent or malicious purpose.
- To violate any international, federal, state, territorial, provincial or local law, regulation or ordinance.
- To infringe or violate our intellectual property rights or the rights of another party.
- To harass, abuse, insult, threaten, harm, defame, slander, disparage or intimidate our employees or any other person.
- To transmit false, fraudulent or misleading information.
- To send, receive, upload, download, use or reuse material that does not comply with these Terms.
- To transmit advertising or promotional material such as junk mail, chain letters, spam or similar solicitations without authorisation.
- To impersonate or attempt to impersonate another person or entity.
- To engage in conduct that restricts or prevents another person from using or enjoying the Services.
- To engage in conduct that may harm TryBiometrae, Avyra Commerce LLC, Shopify or users of the Services or expose any of them to liability.
You also agree not to:
- Upload or transmit viruses, malware or other malicious code.
- Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services.
- Collect or track the personal information of others without lawful authorisation.
- Spam, phish, pharm, pretext, spider, crawl or scrape the Services.
- Use a robot, spider, data-extraction tool, automated device, artificial intelligence tool or automated or manual process to access or extract information from the Services without permission.
- Interfere with, bypass or circumvent security features, authorisation measures, robot-exclusion headers or other access restrictions.
We reserve the right to suspend, disable or terminate your access to the Services if we reasonably determine that you have violated these Terms.
SECTION 15 – AUTOMATED AGENTS
15.1 Application of this section
This section (“Agent Terms”) applies if you use, permit, enable or deploy an Agent to access, use or interact with the Services.
“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or under the instruction of, a person or entity and that can operate without continuous direct human supervision.
15.2 Identification requirements
An Agent must not access, use or interact with the Services unless it clearly identifies itself and complies with the requirements set out in Section 15.4.
An Agent must not access, use or interact with the Services if we have requested that it stop doing so.
15.3 Access limitations
We may use technical or other measures to control, restrict or prevent an Agent from accessing, using or interacting with the Services.
15.4 Agent responsibilities
Agents must:
- Identify each HTTP or HTTPS request as originating from an Agent and disclose the Agent’s name through the user-agent string in the following format: “Agent/[agent name]”.
- Not conceal or misrepresent the fact that an interaction originates from an Agent.
- Not imitate human behaviour to conceal automated access.
- Not complete, bypass or circumvent CAPTCHAs or measures designed to distinguish automated activity from human activity.
- Respond truthfully to requests seeking to determine whether an interaction is being performed by a human or a computer.
- Not circumvent measures designed to block, limit, modify or control an Agent’s access to or use of the Services.
SECTION 16 – TERMINATION
We may terminate this agreement or suspend or terminate your access to all or part of the Services at our discretion where permitted by applicable law.
You will remain responsible for all amounts due up to and including the effective date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that, by their nature, should survive termination.
SECTION 17 – DISCLAIMER OF WARRANTIES
The information made available through the Services is provided for general informational purposes only.
We do not warrant that information provided through the Services is always accurate, complete, current or suitable for a particular purpose. Any reliance you place on such information is at your own risk.
To the fullest extent permitted by law, we disclaim liability arising from reliance placed on information made available through the Services by you, another visitor or any person who receives or becomes aware of that information.
Except as expressly stated by TryBiometrae, the Services and products offered through the Services are provided on an “as is” and “as available” basis, without representations, warranties or conditions of any kind, whether express or implied.
To the fullest extent permitted by law, this includes implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement.
We do not guarantee that your use of the Services will always be uninterrupted, timely, secure or error-free.
Some jurisdictions do not allow certain warranties, guarantees or consumer rights to be excluded or limited. In those jurisdictions, the exclusions and limitations in these Terms apply only to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
SECTION 18 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, TryBiometrae, Avyra Commerce LLC and their partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, as well as Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special or consequential loss or damage.
This includes loss of profits, revenue, savings, opportunities or data, replacement costs or similar losses arising from:
- Your access to or use of the Services.
- Your inability to access or use the Services.
- Products or services purchased through the Services.
- Errors or omissions in content.
- Content or products posted, transmitted or otherwise made available through the Services.
This limitation applies regardless of whether the claim is based on contract, negligence, tort, strict liability or another legal basis, even if we have been advised that such damage may be possible.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded under applicable consumer protection legislation.
SECTION 19 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless TryBiometrae, Avyra Commerce LLC, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities, expenses or claims, including reasonable legal fees, payable to a third party and arising from:
- Your breach of these Terms of Service or documents incorporated into them by reference.
- Your violation of applicable law or the rights of a third party.
- Your access to or misuse of the Services.
We will notify you of an indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond to the claim.
We may control the defence and settlement of an indemnifiable claim at your expense, including the choice of legal counsel. We will not settle a claim in a way that imposes non-monetary obligations on you without your consent, which must not be unreasonably withheld.
You agree to reasonably cooperate in the defence of an indemnified claim, including by providing relevant information and documents.
SECTION 20 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be treated as severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 21 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us through the Services constitute the entire agreement and understanding between you and us regarding your use of the Services.
These Terms supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, relating to your use of the Services, including previous versions of these Terms.
Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party responsible for drafting them.
SECTION 22 – ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment without such consent will be void to the extent permitted by law.
We may transfer, assign or delegate these Terms and our associated rights and obligations as part of a merger, acquisition, restructuring, sale of assets or other lawful business transaction, subject to applicable law.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you are governed by and interpreted in accordance with the laws applicable in the State of Colorado, United States, without regard to conflict-of-law principles.
Subject to any consumer rights or mandatory jurisdictional protections that apply to you, you and Avyra Commerce LLC consent to the jurisdiction of the state and federal courts located in Colorado, United States.
If you are an Australian consumer, nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
SECTION 24 – HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 25 – CHANGES TO THESE TERMS OF SERVICE
You may review the current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, amend or replace any part of these Terms by posting updates on our website.
It is your responsibility to review our website periodically for changes. Where required by applicable law, we will notify you of material changes. Those changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after updated Terms have taken effect constitutes acceptance of those changes, except where further consent is required by applicable law.
SECTION 26 – CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
TryBiometrae — operated by Avyra Commerce LLC
155 E. Boardwalk Drive
Colorado, United States
Phone: +1 (570) 609-3565
Email: support@trybiometrae.com
Website: https://trybiometrae.com
SMS TERMS AND CONDITIONS
By providing your mobile number and expressly opting in, you agree to receive recurring automated marketing and order-related text messages from TryBiometrae, operated by Avyra Commerce LLC.
Consent to receive marketing messages is not a condition of purchase.
Message frequency may vary. Message and data rates may apply.
You may opt out at any time by replying STOP to a message. For assistance, reply HELP or contact us at support@trybiometrae.com.
Mobile carriers are not responsible for delayed or undelivered messages.
Mobile information will not be sold or shared with third parties or affiliates for their independent marketing or promotional purposes. Information may be shared with service providers where necessary to deliver the messaging service, process your requests, comply with the law or protect our rights.
For questions regarding our SMS programme, contact:
TryBiometrae — operated by Avyra Commerce LLC
Email: support@trybiometrae.com
Phone: +1 (570) 609-3565