Termos de serviço
GENERAL POLICY DISCLAIMER
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OVERVIEW
Welcome to Nosvexar. The terms "we", "us", and "our" refer to Nosvexar. Nosvexar operates this website and store, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalised shopping experience (the "Services"). Nosvexar is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must 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 country, state, or province of residence and that you have given us your consent 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, you may be required to provide certain information such as your email address, payment information, financial details, and shipping information.
You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible within our online store. However, please note that colours and product appearance may vary depending on the device used to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match what is displayed in our online store.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographical region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Nosvexar reserves the right to accept or reject any order for any reason at its sole discretion.
Your order will not be accepted until Nosvexar confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your orders carefully before submitting them, as Nosvexar may not be able to accommodate cancellation requests once an order has been accepted.
If we do not accept, modify, or cancel an order, we may attempt to notify you using the email address, billing information, or telephone number provided at the time the order was placed.
All purchases are subject to our Refund Policy [LINK].
You represent and warrant that purchases made through our Services are for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND PAYMENT
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices displayed on our online store may differ from prices available in physical shops, other online stores, or websites operated by third parties.
From time to time, we may offer promotions through the Services that are governed by separate terms and conditions. In the event of any conflict between promotional terms and these Terms, the promotional terms shall prevail.
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 account information, including your email address, payment details, and card expiry dates, so that we may complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the payment information provided is true, accurate, and complete;
(ii) you are duly authorised to use the payment method provided;
(iii) charges incurred by you will be honoured by your payment provider; and
(iv) you will pay all charges incurred at the published prices, including shipping fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery.
All delivery times are estimates only and are not guaranteed.
We shall not be liable for delays caused by carriers, customs processing, or events beyond our reasonable control.
Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Services. An "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and which may operate on behalf of, or using the device of, a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must:
(i) identify in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[Agent Name]";
(ii) not conceal or obscure that any access, use, or interaction is performed by an Agent, including by:
(a) imitating human behaviour or interaction patterns; or
(b) completing or bypassing CAPTCHA systems or other measures intended to distinguish human users from computer-generated activity;
(iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or a computer; and
(iv) not circumvent or otherwise avoid any measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature are intended to survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is strictly at your own risk.
We disclaim all liability arising from any reliance placed on such materials by you, any visitor to the Services, or any person who may be informed of any part of their contents.
EXCEPT AS EXPRESSLY STATED BY NOSVEXAR, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOSVEXAR, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
THIS APPLIES TO ANY CLAIM ARISING FROM YOUR USE OF THE SERVICES, ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nosvexar, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising out of or relating to:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim. Failure to provide prompt notice shall not relieve you of your obligations unless you suffer material prejudice as a result.
We may control the defence and settlement of any such claim, including the selection of legal counsel, provided that we will not settle any claim imposing non-monetary obligations upon you without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defence of any indemnifiable claim, including providing relevant documentation when requested.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
No waiver or failure to exercise any right or provision of these Terms of Service shall constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and Nosvexar and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations under them without our prior written consent.
Any attempted assignment in breach of this provision shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations under them without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement through which we provide Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Nosvexar is established.
You and Nosvexar agree to submit to the exclusive jurisdiction of the courts located within that jurisdiction.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
Where required by applicable law, we will notify you of any material changes to these Terms. Such changes shall become effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Contact Information:
Nosvexar