Terms of Service
ASSIGNMENT
Throughout this site, the terms "we," "us" and "our" refer to Hpguagua.com. Hpguagua.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our site. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms of this agreement, you may not access the Site or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or visit the website after changes have been made, it means you accept those changes.
Our store is hosted by Shopify Inc. They provide us with an online e-commerce platform on which we can sell our products and services.
SECTION 1 - GENERAL TERMS AND CONDITIONS FOR ONLINE STORES
By agreeing to these Terms of Service, you represent that you are at least of the age of majority in the state or province in which you reside, or that you are of the age of majority in the state or province in which you reside and that you have given us permission for your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes. Also, in using the Service, you may not violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses or code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that your content (except credit card data) may be transmitted unencrypted and may include (a) transmissions over different networks; and (b) changes to conform and adapt to the technical requirements of the connection networks or devices. Credit Card Data is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without our express written permission.
Headings used in this Agreement are included for informational purposes only and do not otherwise limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information provided on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as a basis for making decisions without first consulting other more accurate, complete or current sources of information. You rely on the material on this site at your own risk.
This Web site may contain historical information. Historical information is not necessarily current and is provided for informational purposes only. We reserve the right to change the content of this site at any time. However, we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may only be available online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the colors will display correctly on your computer screen.
We reserve the right, but are not obligated, to restrict the sale of our products or Services to any particular person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the amount of products and services we offer. Any product descriptions or product prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue delivery of any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material you purchase or obtain 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 placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed through the same customer account or using the same credit card and/or to orders using the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address and/or billing address/phone number you provided when placing the order. We reserve the right to limit or prohibit orders that we believe have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases you make in our store. You agree to update your account and other information, including your email address, credit card numbers and expiration dates, as soon as possible so that we can complete your transactions and contact you if necessary.
For more information, please see our Return Policy.
CHAPTER 7 - OPTIONAL TOOLS.
We may provide you with access to third-party tools over which we have no control and no influence.
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 not be liable in any way for any damages arising out of or related to your use of optional third-party tools.
You use any optional tools provided on the site entirely at your own risk and discretion. Please ensure that you are familiar with and accept the terms and conditions under which the tools are offered by the relevant third party vendor(s).
It is also possible that we may offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also covered by these Terms of Service.
SECTION 8 - THIRD PARTY LINKS.
Certain content, products and services available through our Service may contain materials from third parties.
Third-party links on this site 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. We do not endorse and are not liable or responsible for the content of any third-party materials or websites. Nor are we responsible for any other third-party materials, products or services.
We are not liable for any damages or harm associated with the purchase or use of any goods, services, resources, content or other transactions that occur through third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Any complaints, claims, concerns or questions about third party products should be directed directly to the relevant third party.
SECTION 9 - USER COMMENTS, OPINIONS AND OTHER SUBMISSIONS
If you send certain specific submissions (e.g., contest entries) at our request or send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by e-mail, by mail or by any other means (collectively, "comments"), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you transmit to us. We are not and will not be required to (1) keep comments confidential; (2) pay a fee for any comments; or (3) respond to any comments.
We have the right, but have no obligation, to monitor, edit or remove any content that we, in our sole discretion, find unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Service.
You agree that your comments will not infringe the rights of any third party, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We are not responsible and accept no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
If you provide personal information through the store, our Privacy Policy applies. Please review our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS.
There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. This information may include product descriptions, prices, promotions, offers, product shipping costs, 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 the information in the Service or on any related website is inaccurate at any time, without notice (including after you have placed your order).
We have no obligation to update, modify or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. Failure to include a specific update or refresh date in the Service or on a related website does not mean that all information in the Service or on a related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) induce others to commit or participate in unlawful acts; (c) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, humiliate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or other types of malicious code that are or may be used in any way to affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) 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 the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or assure that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results you may obtain from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely or cancel it at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Hpguagua.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no event be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising out of your use of any of the services or products purchased through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to errors or omissions in any content, or loss or damage of any kind suffered as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions is limited to the maximum extent permitted by English law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hpguagua.com and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents referenced herein by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - RESOLUTION
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 of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion we believe that you have failed, or we suspect that you have failed, to comply with any provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination. and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
For questions about the Terms of Service, please contact us at support@Hpguagua.com
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