Terms of Service
Urtopia (“we”, “us” and “our”) operates the website (https://newurtopia.com/) and Urtopia App (“Services”). Urtopia offers our Services, including all information, tools and services available from our website or our App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, using our App and/or purchasing something from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to our Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Services following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services to you.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including your personal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your personal information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of our Services, or access to our Services or any content in our Services, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timelines of Information
We are not responsible if information made available in our Services is not accurate, complete or current. The material in our Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in our Services is at your own risk. Our Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information in our Services. You agree that it is your responsibility to monitor changes to our Services.
Section 4 - Modification to The Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through our website or our App. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our website or our App is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Section 7 - Account, Password and Security
You may need to register a Urtopia Account (“Account”) or log in to your Account to access our Services. By registering for an Account, you represent and warrant that you are a person who legally obtains the products or services offered by Urtopia under the laws of your jurisdiction.
You accept full responsibility for protecting the confidentiality of your account information, including your password. To ensure the security of your Account, please use complex password and avoid using the same password on other platforms. You accept full responsibility for any and all actions that occur on or against your Account in the event that you fail to maintain the security and confidentiality of said information.
If you find that your Account has irregularities or abnormalities, including but not limited to the password being changed or the Account being logged in to or used by unauthorized persons, you should notify Urtopia immediately. If your failure to maintain the confidentiality of your account information leads to your Account being used by others, which further leads to damages to Urtopia or other users of our Services, you may be held liable for said damages.
You shall not use other people’s Urtopia Accounts at any time without the express permission of the account holder. If your failure to comply with this clause leads to personal damage or loss to yourself or others, Urtopia will not assume responsibility for said losses.
Section 8 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our website or our App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our website or our App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 9 - Third-Party Links
Certain content, products and services available via our website or our App may include materials from third-parties. Third-party links contained in our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Services or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 - Personal Information
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Services or on any related website, should be taken to indicate that all information in our Services or on any related website has been modified or updated.
Section 13 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using our Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Services or any related website for violating any of the prohibited uses.
Section 14 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable. You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you. You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our Services and all products and services delivered to you through our website or our App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Urtopia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services, or for any other claim related in any way to your use of our Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content posted, transmitted, or otherwise made available via our Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 15 - Force Majeure
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
• Strike, lockout or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of Terms or other contracts despite the situation of Force Majeure.
Section 16 - Indemnification
You agree to indemnify, defend and hold harmless Urtopia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17 - Serviceability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 18 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 19 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us in respect to our Services constitute the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 - Governing Law
These Terms and any separate agreements whereby we provide you with our Services shall be governed by and construed in accordance with the laws of Hong Kong.
Section 21 - Dispute Jurisdiction
Any and all disputes arising out of these Terms shall be first amicably resolved between you and us. Both parties agree to submit the dispute which cannot be amicably settled to arbitration. The arbitration shall be submitted to Hong Kong International Arbitration Center (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in effect before one arbitrator to be appointed according to the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong. The arbitral proceedings shall be conducted in English. The decision and awards of the arbitration shall be final and binding upon the parties hereto.
Section 22 - Changes to Terms of Service
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes in our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 23 - Contact Information
Questions about the Terms of Service should be sent to