Terms of Use

Overview

"We," "us," and "our" refer to MODHAX ONLINE STORE.

MODHAX ONLINE STORE operates this store and website and provides you with a curated shopping experience (the "Service"), which includes all associated information, content, features, tools, products, and services.

MODHAX ONLINE STORE is powered by Shopify, which provides the Service to you. 

The following Terms of Service and all policies referenced herein (collectively, the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By browsing and interacting with our Service, you agree to these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Service. 

Article 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 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 this site through a device you own, purchase, or manage.

When using our Service (including accessing or browsing the online store, or purchasing products and services we offer), you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for managing your account credentials and all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

Article 2 - Our Products

We make every effort to accurately represent products and services in our online store.

However, please be aware that depending on the type and settings/configuration of your device, the colors and appearance of products on screen may differ from the actual products.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be as displayed in the online store.

Product descriptions may be changed at any time without notice, at our sole discretion.

We reserve the right to discontinue the sale of any product at any time and may, at our sole discretion, limit the quantity of products offered to specific individuals, regions, or jurisdictions.

Article 3 - Orders

Placing an order signifies an offer to purchase.

MODHAX ONLINE STORE reserves the right to accept or refuse orders at its discretion, for any reason whatsoever.

An order is not complete until MODHAX ONLINE STORE confirms its acceptance.

Your payment must be received and processed before an order can be accepted.

Please carefully review your order before confirming it.

Once an order has been accepted, MODHAX ONLINE STORE may not be able to accommodate cancellation requests.

If we do not accept, modify, or cancel your order, we will endeavor to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.

Returns or exchanges of your purchases will only be handled in accordance with our return policy.

You represent and warrant that the products you purchase are for your personal or household use and not for commercial resale or export.

Article 4 - Pricing and Billing

Prices, discounts, and promotions are subject to change without notice.

The price of the product or service will be the applicable price at the time of order and will be stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping costs, handling fees, customs duties, or import fees.

Prices displayed in our online store may differ from those offered in physical stores, online stores operated by third parties, or other stores.

We may offer promotions for the Service from time to time, and these promotions may affect pricing and will be governed by terms separate from these Terms of Service.

In the event of any conflict between the terms of a promotion and these Terms of Service, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

(i) any credit card information you provide is true, accurate, and complete,

(ii) you are duly authorized to use such credit card for the purchase,

(iii) charges incurred by you will be honored by your credit card company, and

(iv) you will pay the charges incurred by you at the posted prices, including all shipping and handling charges, and all applicable taxes.

Article 5 - Shipping and Delivery

We are not responsible for any delays in shipping and delivery.

Delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures, or circumstances beyond our control.

Title and risk of loss pass to you upon our delivery of the products to the carrier.

Article 6 - Intellectual Property Rights

Our Service (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement) is owned by MODHAX ONLINE STORE and its affiliates or licensors and is protected by patent, copyright, and other intellectual property laws.

These Terms of Service permit you to use the Service only for your personal, non-commercial use.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Service without our prior written consent.

Except as expressly stated herein, nothing in these Terms shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of MODHAX ONLINE STORE, Shopify, or any third party.

Unauthorized use of the Service may violate intellectual property laws.

All rights not expressly granted herein are reserved by MODHAX ONLINE STORE.

The MODHAX ONLINE STORE name, logo, product and service names, designs, and slogans are trademarks of MODHAX ONLINE STORE or its affiliates or licensors.

You must not use such marks without the prior written permission of MODHAX ONLINE STORE.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Article 7 - Optional Tools

You may be provided with access to third-party customer tools as part of the Service, which we do not monitor, control, or have any involvement in their content.

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 site is entirely at your own risk and discretion, and you must 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 features through our Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

Article 8 - Third-Party Links

The Service may contain materials or hyperlinks to websites provided or operated by third parties (including embedded third-party functionality).

We are not responsible for verifying or evaluating the content or accuracy of any third-party materials or websites that you access.

Your access to these materials and third-party sites when you leave the Service is at your own risk.

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 the third-party's policies and practices carefully 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.

Article 9 - Relationship with Shopify

MODHAX ONLINE STORE is powered by Shopify, which provides the Service to you.

However, all sales and purchases you make in our store are made directly with MODHAX ONLINE STORE.

By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or purchase between MODHAX ONLINE STORE and you, including any damages or injuries resulting from the products or services purchased.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions with MODHAX ONLINE STORE.

Article 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy.

Some personal information may also be subject to Shopify's Privacy Policy, which can be viewed here.

By using the Service, you acknowledge that you have read these Privacy Policies.

Because the Service is hosted by Shopify, Shopify collects and processes personal information about your access and use of the Service to provide and improve the Service to you.

Information you submit to the Service will be shared with and transmitted to Shopify and third parties who may be located outside of your country of residence, and will be used to provide the Service to you.

Please refer to the Privacy Policy for details on how we, Shopify, and our partners use your personal information.

Article 11 - Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, plans, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use.

For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

(i) you own all rights in the Feedback or have all necessary rights,

(ii) you have disclosed any compensation or incentives received in connection with the submission of the Feedback, and

(iii) the Feedback complies with these Terms of Service.

We are under no obligation:

(1) to maintain any Feedback in confidence;

(2) to pay compensation for any Feedback; or

(3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your Feedback 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 the Service 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 Feedback.

You are solely responsible for any Feedback you make and its accuracy.

We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Article 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Service 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 the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Article 13 - Prohibited Uses

You shall access and use the Service for lawful purposes only.

You shall not, directly or indirectly, access or use the Service for the following purposes:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) to submit false or misleading information;

(f) to transmit, send, upload, download, use, or re-use any material that does not comply with these Terms of Service;

(g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

(h) to impersonate or attempt to impersonate MODHAX ONLINE STORE, a MODHAX ONLINE STORE employee, another user, or any other person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm MODHAX ONLINE STORE, Shopify, or users of the Service or expose them to liability.

Furthermore, you agree not to:

(a) 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 the Service or of any related website, other websites, or the Internet;

(b) copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service;