Terms of service

 

Terms and Conditions

Welcome to Zilch Formulas US. The terms "we," "us" and "our" refer to ZUS LLC, trading as Zilch Formulas. ZUS 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"). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas 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 should not use or access our Services.

Section 1 – Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and that you have given consent for any minor dependants to use the Services on devices you own or manage.

To use the Services, you may be asked to provide information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or licence your account to any other person.

Section 2 – Our products

We make every effort to provide an accurate representation of our products in our online store. Colours or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any product you purchase will meet your expectations or match how it is depicted in our store. All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, region or jurisdiction.

Section 3 – Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address or phone number provided at the time of order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

Section 4 – Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices in our online store may differ from prices offered elsewhere, including in physical stores or other online stores. We may offer promotions from time to time governed by separate terms; where those terms conflict with these Terms, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update this information, including your email address and card details, so we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method provided, that charges will be honoured by your card issuer, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.

Section 5 – Shipping and delivery

Delivery estimates are provided by our courier companies and are not guaranteed. We are not responsible for delays caused by couriers, customs or postal services. We will dispatch your order to the address you provide; it is your responsibility to ensure this address is correct and that someone is available to receive the order within a reasonable timeframe. Once we transfer your order to the carrier, title and risk of loss passes to you.

Section 6 – Payment

When using this website to purchase any product, you confirm that the payment method used is yours or that you are authorised to use it. Your personal information may be shared with third parties where necessary to complete authorisation processes required by the card issuer. If your card issuer refuses to authorise payment, we will not be liable for any delay or non-delivery.

Payment details will show up as ZUS LLC on your bank statement.

Section 7 – Importation outside the United States

We cannot ensure that use and importation of our products into any country other than the United States or Australia is authorised. If your delivery address is outside these regions, or you use a delivery forwarder to an address outside these regions, you are solely responsible for all tariffs and taxes applicable in that country, and for ensuring importation, possession and use of the product is legal there.

Section 8 – Intellectual property

All material on the Zilch Formulas website, including current and future registered and unregistered trademarks, trade names, business names, service marks, domain names, patents, inventions, processes, slogans, logos, emblems, designs, images, graphics, layout, appearance, and all literary works including print and copyright, is intellectual property owned by us and is protected under US and applicable foreign law. No intellectual property rights are transferred and no licences are granted to any person simply by using the website.

A breach of intellectual property and copyright includes, without limitation: altering or modifying any code or material on our website; causing material from our website to be framed or embedded in another website; creating derivative works from our content; or using our content for commercial purposes without permission. Unauthorised use of the Services may violate federal and state intellectual property law. All rights not expressly granted are reserved by us.

Our names, logos, product and service names, designs and slogans are our trademarks or those of our affiliates or licensors and must not be used without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify. All other names, logos and marks on the Services belong to their respective owners.

Section 9 – Reviews, photos and feedback

Any reviews, photos, ideas, suggestions or other feedback you submit to us (collectively, "Feedback") may be used on our social media platforms, website and marketing, and may be shared with affiliated companies such as, but not limited to, stockists, distributors and wholesalers of Zilch Formulas. If you would like your pictures, review or other Feedback removed, email info@zilchformulas.com and we will remove it from platforms we own.

By submitting Feedback, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use. You represent and warrant that you own or have all rights necessary to the Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and we may monitor, edit or remove Feedback we determine to be unlawful, offensive or otherwise objectionable.

Section 10 – Optional tools

You may be given access to tools offered by third parties as part of the Services, which we do not monitor or control. We provide access to such tools "as is" and "as available," without warranties of any kind, and we have no liability arising from your use of them. Use of optional third-party tools is entirely at your own risk, and you should review the relevant third party's own terms before using them.

Section 11 – Third-party links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party site, and if you leave our Services to access one, you do so at your own risk. We are not liable for any harm related to your access of, or transactions on, third-party websites. Complaints regarding third-party products or services should be directed to that third party.

Section 12 – Relationship with Shopify

Zilch Formulas is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with ZUS LLC. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and us, including any injury, damage or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with us.

Section 13 – Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other third parties, which may be located outside the country where you reside.

Section 14 – Marketing communication consent

By providing your contact details, you consent to receiving occasional email marketing messages about our products, services and promotions. You may opt out at any time by following the instructions in the message or by contacting us directly.

Section 15 – Errors, inaccuracies and omissions

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or shipping charges. We reserve the right to correct these, and to change, update or cancel orders affected by inaccurate information, at any time without prior notice, including after you have submitted an order.

Section 16 – Prohibited uses

You must not use the website or the Services for any unlawful or malicious purpose, including to: violate any applicable law or regulation; infringe our intellectual property rights or those of any third party; harass, threaten, defame or disparage any person, including on the basis of race, nationality, religion, political belief, sexuality, gender, age, health, disability or body shape; transmit false or misleading information, including a false or misleading testimonial about our products; upload or transmit any virus, Trojan horse or other malicious code; impersonate any other person or entity; send spam or unsolicited promotional material; collect or track the personal information of others; or use any robot, scraper, automated data-gathering tool, or AI or agentic tool to access the Services without our prior written consent. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated these Terms.

Section 17 – Agents

This section applies if you use, enable or cause the deployment of an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself in accordance with this section, and no Agent may do so if we have requested it refrain. We may limit, including by technical measures, whether and how Agents interact with the Services.

Agents must: identify themselves as an Agent in all requests, including in the user agent string; not conceal or mimic human behaviour, including by circumventing CAPTCHAs; respond truthfully to any prompt seeking to determine whether an interaction is human or automated; and not circumvent any measure we use to control Agent access.

Section 18 – Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our discretion at any time without notice, and you will remain liable for all amounts due up to the date of termination. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy Policy will survive termination.

Section 19 – Disclaimer of warranties

Information presented through the Services is for general informational purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.

Except as expressly stated by us, the Services and all products offered through them are provided "as is" and "as available," without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so this disclaimer may not apply to you in full.

Section 20 – Limitation of liability

To the fullest extent permitted by law, in no case will ZUS LLC, our directors, officers, employees, affiliates, agents, contractors or licensors, or those of Shopify, be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue or loss of data, arising from your use of the Services or any product procured through them, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

Section 21 – Indemnification

You agree to indemnify and hold harmless ZUS LLC, Shopify, and our respective affiliates, officers, directors, employees, agents and contractors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services. We will notify you of any such claim and may control its defence and settlement at your expense, though we will not settle any claim requiring a non-monetary obligation from you without your consent.

Section 22 – Severability

If any provision of these Terms is found unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder will be severed without affecting the validity of the rest of the agreement.

Section 23 – Waiver; entire agreement

Our failure to enforce any right or provision of these Terms does not constitute a waiver of it. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications, whether oral or written.

Section 24 – Assignment

You may not delegate, transfer or assign this agreement or your rights or obligations under it without our prior written consent. We may transfer, assign or delegate these Terms without notice to you.

Section 25 – Governing law

These Terms of Service are governed by and construed in accordance with the laws of Delaware. If a dispute arises, you will endeavour to resolve it by negotiation with us first. If you bring a legal claim against us, you must do so before the courts of Delaware. We may bring a claim against you in either Delaware or the jurisdiction where you are located.

Section 26 – Headings

Headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 27 – Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting changes to our website, and it is your responsibility to check periodically. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 28 – Contact information

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

ZUS LLC
info@zilchformulas.com