Terms of service
OVERVIEW
Divexy operates this website. Throughout the site, terms like “we,” “us,” and “our” refer to Divexy. Divexy provides access to this website, including all tools, information, and services, conditioned on your acceptance of all terms, conditions, policies, and notices outlined here.
By accessing our site and/or purchasing items from us, you engage in our “Service” and agree to comply with these terms and conditions (“Terms of Service,” “Terms”), including any additional conditions and policies linked herein or available via hyperlink. These Terms of Service apply to all users, including browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service thoroughly before using or accessing our website. By accessing any part of the site, you agree to these Terms of Service. If you do not accept all terms and conditions, then you may not use the website or its services. If these Terms of Service are considered an offer, acceptance is specifically limited to these Terms of Service.
Any new features or tools added to the existing store will also be subject to these Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our site. It is your responsibility to periodically check this page for any changes. Continuing to use or access the website after changes are posted indicates your acceptance of those changes.
Our online store is hosted by Shopify Inc., providing us with the e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority and have granted us consent to allow any minor dependents to use this site.
You must not use our products for illegal or unauthorized purposes or violate any laws in your jurisdiction (including copyright laws) while using the Service. You must not transmit any destructive code or viruses. Any breach of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks, as well as modifications to adapt to technical requirements of connecting networks or devices. Credit card details are always encrypted during transfer 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, without express written permission from us. Section headings are provided for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not liable if information provided on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information and should not be the sole basis for making decisions without consulting primary, more accurate, complete, or timely information sources. Reliance on this site’s content is at your own risk.
This site may contain historical information that is not current and is provided only as a reference. We reserve the right to modify site content at any time, but we are under no obligation to update any information. Monitoring changes to our site is your responsibility.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without notice. We retain the right to modify or discontinue the Service (or any part of it) at any time without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online and may have limited quantities, subject to our Return Policy. While we strive to display product colors and images accurately, we cannot guarantee the accuracy of colors displayed on your device.
We reserve the right to limit sales of products or services to any individual, geographic area, or jurisdiction on a case-by-case basis, as well as to limit quantities offered. All descriptions of products and prices are subject to change at our sole discretion. We may discontinue any product at any time, and any offer on this site is void where prohibited.
We do not warrant that the quality of products, services, or other materials you purchase will meet your expectations, or that any errors will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order placed with us and may limit or cancel quantities per person, household, or order. If changes or cancellations occur, we may attempt to notify you using the contact details provided. We reserve the right to restrict orders that appear to be placed by resellers, dealers, or distributors.
You agree to provide accurate and current purchase and account details for all purchases. Promptly updating your account, including email and payment information, is essential for completing transactions and communications.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control. By using these optional tools, you agree that they are provided “as is” and “as available,” without warranties or endorsements. We assume no liability for your use of optional third-party tools.
Future additions of new tools or services will also fall under these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, or services from third parties. Third-party links on this site may direct you to external sites unrelated to us. We are not responsible for evaluating or ensuring the accuracy of third-party content or websites and hold no liability for third-party materials or websites.
We are not responsible for damages arising from third-party transactions. Carefully review third-party policies and practices, as complaints or questions about third-party products should be directed to them.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
When submitting comments, ideas, or other materials, you agree that we may use and share them without restriction, compensation, or obligation to respond. We may edit or remove content deemed offensive or unlawful, and you agree your submissions do not infringe any third-party rights or contain harmful content.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information via the store is subject to our Privacy Policy.
Section 11 - Errors, Inaccuracies, and Omissions
At times, there may be information on our site or within the Service that contains typographical mistakes, inaccuracies, or omissions. These issues might relate to product details, pricing, promotions, offers, shipping fees, delivery times, or availability. We reserve the right to correct any such mistakes, inaccuracies, or omissions and to update or alter information or cancel orders if any details in the Service or on a related website are inaccurate, at any time, and without prior notice (including after an order has been submitted).
We are under no obligation to update, amend, or clarify details within the Service or on any related site, including but not limited to pricing information, unless required by law. No specific update or refresh date applied in the Service or on any related website should imply that all information within the Service or on related websites has been modified or updated.
Section 12 - Prohibited Uses
Beyond other prohibitions outlined in these Terms of Service, you are forbidden from using the site or its content for: (a) any illegal purpose; (b) to solicit others to engage in illegal 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 those 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 any viruses or other forms of malicious code that may disrupt the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or monitor personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) 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 warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that any results obtained through the use of the service will be accurate or reliable.
You agree that, occasionally, we may remove the service for indefinite periods or cancel it at any time, without prior notice to you.
Your use of the service, or your inability to use it, is entirely at your own risk. Unless otherwise specified by us, the service and all products and services delivered to you through it are provided "as is" and "as available," without any representations, warranties, or conditions, either express or implied, including but not limited to implied warranties or conditions of merchantability, quality, fitness for a specific purpose, durability, title, and non-infringement.
Divexy and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will not be liable for any injury, loss, claim, or any type of direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, arising from your use of the service or products obtained through it, or any other related claims, including errors or omissions in content or damages incurred from content or product use made available through the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such places will be limited to the maximum extent allowed by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Divexy, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorney fees, brought by any third party due to or arising from your breach of these Terms of Service, or the documents they reference, or your violation of any law or third-party rights.
Section 15 - Severability
If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that part will remain enforceable to the fullest extent permitted by applicable law. The unenforceable part will be deemed severable from these Terms of Service and will not impact the validity and enforceability of the remaining provisions.
Section 16 - Termination
Any obligations and liabilities incurred by the parties before the termination date will survive the end of this agreement for all purposes.
These Terms of Service will remain in effect until terminated by you or us. You may end these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site.
If, in our sole judgment, you fail or we suspect you have failed to comply with any term or provision of these Terms of Service, we may end this agreement at any time without notice, and you will remain responsible for all amounts due up to and including the termination date. Additionally, we may deny you access to our Services (or any part of them).
Section 17 - Entire Agreement
Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules we post on this site or about the Service, represent the complete agreement and understanding between you and us, governing your use of the Service. This agreement supersedes any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any earlier versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the drafting party.
Section 18 - Governing Law
These Terms of Service and any additional agreements under which we provide Services will be governed by and construed in accordance with the laws of the United States.
Section 19 - Changes to Terms of Service
You may review the latest version of the Terms of Service at any time on this page.
We reserve the right, at our discretion, to modify, update, 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. Your continued use of or access to our website or the Service after any changes to these Terms of Service have been posted constitutes acceptance of those changes.
Section 20 - Contact Information
For questions regarding the Terms of Service, please reach out to us at [email protected].