Terms of Service
OVERVIEW
This website is operated by hexgears.com. Throughout the site, the terms “we,” “us,” and “our” refer to hexgears.com. hexgears.com provides this website, including all information, tools, and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), which include additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Doing so willingly will automatically make you bound to these Terms of Service. If these Terms of Service are construed as an offer, acceptance is explicitly limited to these Terms of Service.
Any new features or tools added to our website will also be subject to these 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 to update, modify, or replace any part of these Terms of Service by posting updates and/or changes to our website. If you have opted to received marketing and/or newsletter, or any other communication from us, then you will be notified of any changes and/or updates to these Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE (WEBSITE) TERMS
By agreeing to these Terms of Service, you automatically confirm that you are of legal age as required by your place of residence, or granted consent for use of this site. You may not use our products for any illegal or unauthorized purposes, and in using and/or participating in any of our Services such as promotional activities, downloading of product software; you automatically agree not to violate any laws in your jurisdiction, including but not limited to Copyright laws.
You are prohibited from transmitting any viruses, or malicious code to our website, or take any form of action that would cause our website harm. Any breach or violation of these Terms will lead to the immediate termination of your access to our services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may undergo (a) transmissions across various networks, and (b) modifications to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion 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 express written permission from 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 TIMELINESS OF INFORMATION
You are responsible for ensuring that your account information on this site remains accurate, complete, and current. In order to receive timely updates, order information, order updates, shipping updates, and any other communication that is necessary to provide you with services to ensure your satisfaction. Hexgears will not be responsible if your account information is not up to date, such as in the even an order is shipped to an old or incorrect delivery address.
This site may include outdated information, or information that may not be current. We reserve the right to modify the Terms of Service at any given time. Any changes to the Terms of Service will be broadcasted via email to all users whom have opted to receive marketing communication from us. If you have opted not to received any marketing communication from us, then you will automatically be subject to any updates within our Terms of Service.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue parts of the Service at any time without prior notice. We shall not be liable to you or any third party for any modification, price changes, suspension, or discontinuance of the Service or any part thereof.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have endeavored to present the colors and images of our products on our website as accurately as possible. However, we do not guarantee that the display of any color or images from our website on your computer monitor will be precise or accurate.
We reserve the right to restrict the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product details, such as specifications, descriptions or pricing are subject to change at any time without prior notice. Additionally, we reserve the right to discontinue any product at any time.
Please note that while we strive to deliver exceptional quality in our products, services, information, and other materials, we cannot guarantee that they will always meet your expectations. Additionally, we are committed to addressing any issues promptly; however, we cannot guarantee that all errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to decline any order you place with us that is in our judgment, appear to be placed by resellers, or distributors. We may, at our discretion, restrict or cancel quantities purchased per person, per household, or per order. These limitations may be applicable to orders made under the same customer account, the same credit card, and/or orders using identical billing and/or shipping addresses. If an order is altered or canceled, we will make efforts to notify you via the email address, billing address, or phone number provided during the order placement.
You are responsible for keeping your account information such as your email address, shipping address, and any other relevant information up to date so that orders placed on our store can be fulfilled accurately.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools that we do not monitor or control. 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 endorsement. We are not liable for any issues arising from or related to your use of optional third-party tools. Your use of optional third-party tools offered through the site is entirely at your own risk and discretion. It is your responsibility to familiarize yourself with and agree to the terms provided by the relevant third-party provider(s).
Additionally, we may introduce new services and/or features through the website in the future, including new tools and resources. These new features and/or services will also be governed by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Links on this site may direct you to third-party websites that are not affiliated with us. We do not examine, evaluate, or warrant the content or accuracy of these third-party materials or websites, and we do not assume any liability or responsibility for them or for any other materials, products, or services of third parties.
We are not responsible 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. Before engaging in any transaction, please carefully review the third-party's policies and practices and ensure you understand them.
Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party involved.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, upon our request, you submit specific materials (such as contest entries) or without our request you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may use, without restriction, edit, copy, publish, distribute, translate, and otherwise utilize in any medium any comments forwarded to us. We are not obligated: (1) to maintain any comments in confidence; (2) to compensate for any comments; or (3) to respond to any comments.
We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
Furthermore, you agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor include any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you make.
We assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site or through our Service, which may include product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, even after you have placed your order.
We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specific update or refresh date in the Service or on any related website should not be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, soliciting others to engage in unlawful acts, violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances, or infringing upon our intellectual property rights or the rights of others.
Furthermore, you are prohibited from using the site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. Other prohibited activities include submitting false or misleading information, uploading or transmitting viruses or any other type of malicious code that could impact the functionality or operation of the Service, related websites, other websites, or the Internet.
You may not collect or track the personal information of others, engage in spamming, phishing, pharming, pretexting, crawling, or web scraping, or use the site for any obscene, immoral, or unlawful purpose, or to interfere with or bypass the security features of the Service, related websites, 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 these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not provide any guarantees, representations, or warranties that your use of our service will be uninterrupted, timely, or error-free. We do not warrant that the results obtained from the use of the service will always be accurate. You acknowledge and agree that we may, at our discretion, temporarily suspend or permanently cancel the service at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, along with all products and services delivered to you through these Terms of Service, are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, whether expressed or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall hexgears.com, 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 but not limited to 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 the service or any products procured 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, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages.
Due to the regulations in certain states or jurisdictions that may not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the fullest extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless hexgears.com, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including 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, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any part of the Terms of Service is determined by a court or legal authority to be illegal, void, or unenforceable, that specific provision will still be enforced to the maximum extent allowed by the law applicable in that jurisdiction. The part of the provision deemed unenforceable will be separated or "severed" from the rest of the Terms of Service. Importantly, this decision does not impact the validity or enforceability of the remaining provisions of the Terms of Service, which will continue to be fully enforceable.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to termination shall survive the termination of this agreement.
These Terms of Service shall remain in effect until terminated by either party. You may terminate these Terms of Service at any time by notifying us of your desire to discontinue using our Services or by ceasing to use our site.
Furthermore, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. You will remain responsible for all amounts owed up to the date of termination, and we may deny you access to our Services (or any part thereof) accordingly.
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, along with any policies or operating rules posted by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including 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
- When you complete your purchase, the billing statement will display 'hexgears.com' along with a country code such as 'HK' or 'UK' on the payment page and/or your card statement.
- All purchases will be processed by our respective entity in the corresponding country indicated by the country code in the billing statement. These transactions are governed by the laws of that jurisdiction.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can access 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 revisions on our website. It is your responsibility to periodically check our website for changes. We shall endeavor to inform you via email of any updates to our Terms of Service.
Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the "Terms of Service", please contact us at support@hexgears.com.