The Services are only available to users who can legally enter into contracts, as required by applicable law. By using the Services, you represent and warrant that you are of legal age in your place of residence to enter into a contract. The Services are not accessible to persons under the age of thirteen (13). By using, accessing or purchasing on the Services, you represent and warrant that if you are between thirteen (13) years old and the age of legal majority in your country of residence, you use the Services only under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. In any event, you also represent and warrant that you are not prohibited from using the Services under applicable law.
We reserve the right, at our sole discretion, to change or modify these Terms or any part of them at any time without notice, which means that any new functionality or tools added to the current Services will also be subject to the Terms. The amended Terms will be effective upon posting and will apply to your use of the Services from that time. You can review the most recent version of the Terms at any time on this page.
Our Store is hosted by Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. USE OF THE SERVICES
The Services allow you to purchase products from our Store through Shopify, including, but not limited to, cell phone cases, computer "skins" and other accessories.
1.2. Access and Use.
You are authorized to access and use the Services solely for your personal, non-commercial use and to view the various information and content available.
You must not (i) use the Services for any purpose other than those provided for in these Terms, (ii) copy, distribute or disclose any part of the Services in any medium, including by means of any tool or a "web scraping" technique, whether automated or not, iii) use an automated system, including "robots", "spiders" and "offline readers", to access the Services, iv) transmit, via the Services, spam or other unsolicited content) attempt to interfere with the servers running the Services, compromise the integrity or security of their systems, or decipher any transmissions to or from such servers, vi) take any action which, in our sole discretion imposes or may impose an unreasonable or disproportionately large load on the infrastructure of the Services, vii) upload invalid data, viruses, worms or other malicious software through the Services) collect, extract or u harvest, or attempt to harvest, any personally identifiable information from the Services, ix) impersonate another person or misrepresent your affiliation with a person or entity, engage in fraud, conceal or attempt to conceal your identity, x) interfere with the proper working of the Services, xi) access any content on the Services through any technology or means other than those provided or authorized by the Services, xii) circumvent any measures Akua Design may use to prevent or restrict access to the Services, including features that prevent or restrict the use or copying of any content or apply limitations to the use of the Services or the content therein, xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works of the Services) use the Services in violation of applicable lawcable.
1.4. Investigations and Prosecutions.
Akua Design reserves the right to investigate any breach of these Terms and take appropriate action to the fullest extent permitted by law. You acknowledge that Akua Design has the right to enforce compliance with these Terms, applicable laws, orders and requirements of any court or government agency. In the event of a breach of these Terms, Akua Design has the right, at any time and without notice, to disable your access to or use of the Services.
1.5. Data encryption.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2. INTELLECTUAL PROPERTY
All trademarks (including words, expressions and logos) used by Akua Design to distinguish, or in a way to distinguish, its own products or services from those of others, belong to Akua Design. Akua Design's trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Akua Design.
All original works reproduced or published on the Services are protected by copyright. The owner of the copyright on each of the works reserves all its rights relating thereto. You acknowledge that it is an infringement for any person to do, without the consent of the copyright owner, any act which under applicable laws only such owner has the ability to do.
2.3. Other rights.
The Services, or any part thereof, may be protected by industrial designs or patents. Akua Design reserves all rights in the Services not expressly granted. You agree not to use, copy or distribute any content from the Services other than as permitted.
Akua Design is free to use, profit from, disclose, publish, keep secret, or otherwise exploit any comments, suggestions, or other ideas to improve or modify in any way the Services or any other Akua product or service. Design (" Feedback "), without compensation or attribution to the User or to any person from whom such Feedback originated.
3. USER CONTENT
3.1. Ownership of Content.
You retain ownership of any images, text, graphics, photos, information or other material (“Content”) that you upload to the Services.
3.2. Content License.
3.3. Liability for Content.
You hereby agree and agree that you are solely responsible for any Content you submit to the Services. You acknowledge and agree that Akua Design does not review the Content you upload. Without creating any obligation for Akua Design, at any time when you submit Content, you agree not to upload any file that could be considered, in Akua Design's sole discretion, to be (i) illegal, (ii) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or otherwise discriminatory), (iii) vulgar, obscene or malicious, and (iv) disclosing the personal or confidential information of others. Accordingly, you represent and warrant that (i) you are the sole and exclusive owner of the Content submitted to the Services, or that you have all rights, licenses, authorizations, consents and releases to grant Akua Design rights to such Content, and (ii) neither the Content, nor your posting, transmission or submission of the Content, nor Akua Design's use of your Content violate or will violate the rights of any third party, including intellectual property rights and rights advertising, or any Canadian or foreign law or regulation.
3.4. Personal information.
3.5. Content provided by other users.
Through the Services, you can You may use and/or access Content provided by other users. Akua Design cannot guarantee that this Content will be free of any material or information that you may find objectionable. Akua Design disclaims all liability related to your access to any Content.
In the event that you find that any Content violates any of the provisions of this Section 3, Akua Design invites you to file a complaint, which will be treated confidentially, by writing to firstname.lastname@example.org. Akua Design will assess the merits of the complaint as soon as possible and may, at its sole discretion, decide whether or not to take action against such Content.
4. MEMBERSHIP REWARDS
4.1. Creation of an account.
Participation in our rewards program requires the creation of a user account and profile. If you create an account, you must complete the registration process by providing current, complete and accurate information as requested by the registration form. You should also choose a unique and secure password. You can only create one account. If you create multiple accounts, they will be immediately deactivated.
4.2. Account Responsibility.
You are solely responsible for maintaining the confidentiality of your password and account information. Further, you are fully responsible for all activities that occur from your account. You agree to immediately notify Akua Design of any unauthorized use occurring in your account or any other breach of security.
4.3. Account Security.
Although we use reasonable security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to breach the security measures of the Services or make improper use of your personal information. Therefore, you acknowledge that you provide your personal information at your own risk.
4.4. Liability for Account Misuse.
Akua Design cannot be held responsible, directly or indirectly, for any loss or damage of any kind that you may suffer as a result of the use by another person, with or without your consent, of your password. , or your account. You may also be held liable for losses suffered by Akua Design or by a third party due to the use of your account or password by another person.
4.5. Use of Other Accounts.
You are prohibited from using another person's account at any time except with the permission of the account holder as their authorized agent.
4.6. Account Termination.
You may terminate or cancel your account on the Services for any reason, at your sole discretion and without notice.
4.7. Accumulation of rewards.
By creating an account, you will be able to accumulate points and redeem them for exclusive discounts. For more information on our rewards program, please see the Akua Design Rewards section.
5. ELECTRONIC COMMUNICATIONS
When you provide Akua Design with your e-mail address through the Services, you expressly agree that Akua Design may keep your e-mail address in its databases or that it may use this e-mail address in its mailing lists to communicate with you (i ) to keep you informed of the status of your purchase (ii) to carry out inquiries or checks concerning the Services, in particular with regard to its functionalities, its ease of use and your appreciation of them (iii) to share information and news about Akua Design with you, or (iv) for any other reason related to the Services or user safety.
6.1. Purchase of products.
6.2. Delivery of products.
Akua Design send the ordered products to the address provided on the Services; there will be no price discount due to the terms of this delivery. For more information on delivery, please see the Akua Design FAQ.
All risk of loss, damage and breakage relating to the products shipped will automatically pass to you upon transfer of the products shipped to the carrier. Akua Design will not be responsible for claims and will not incur any liability for any loss, damage, breakage or delay from the time of transfer of the products shipped to the carrier.
7. REFUND AND EXCHANGE CONDITIONS
All of our sales are final. No refunds are offered by Akua Design on the Services or products obtained.
Akua Design reserves the right, at its discretion, to exchange a model or design within 60 days of purchase if the product has not been used. This does not apply to custom cases or chargers, which are neither exchangeable nor refundable.
To exchange a product, please write to us at email@example.com. For more information, please see Akua Design's Refund and Exchange Policy.
8. PRODUCTS AND SERVICES
8.1. Changes to Services and Prices.
Prices for our Services are subject to change without notice. Akua Design reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. Akua Design shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
8.2. Limitations and Discontinuation.
Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in our Store. We cannot guarantee that your computer monitor's display of any color will be accurate. Akua Design reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. Akua Design may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service offered by Akua Design. Akua Design reserves the right to discontinue sale of any product at any time. Akua Design may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, same credit card, or orders that use the same address. billing or shipping.
Akua Design does not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected. You understand that the products provided as part of the Services will reproduce the files that you have downloaded.
The Services may contain hyperlinks to external websites, which cause you to leave the Services (the "External Sites"). You acknowledge and agree that Akua Design is not responsible for the availability of these External Sites or the accuracy of the content, products or services available on them. Hyperlinks to External Sites do not imply any approval or endorsement by Akua Design of such External Sites. You acknowledge assuming all risks arising from your use of External Sites. By using the Services, you expressly release Akua Design from any liability arising from your use of any External Site.
10. NO WARRANTY
The Services are provided to you on an "as is" and "as available" basis without warranty of any kind. To the fullest extent permitted by applicable law, Akua Design disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, non- errors, relevance of content or availability. Akua Design may update the Services without notice. Although Akua Design does everything in its power to ensure that the information presented on the Services is complete and accurate, Akua Design cannot guarantee that this information is free from errors, omissions and inaccuracies. Akua Design makes no warranty as to the quality of any content viewed or obtained through the Services.
11. LIMITATION OF LIABILITY
You acknowledge and agree that you assume all risk arising from of your access to or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, in no event shall Akua Design, its affiliates, directors, employees, agents, licensors, or successors and assigns be liable for damages of any kind, including , but not limited to, (i) any damage caused in connection with the use of the Services, or (ii) loss of use, loss of profits or loss of data, whether in a contract proceeding or tort, or otherwise, arising directly or indirectly out of the use or performance of the Services, including any damages caused by or resulting from a user's reliance on any information obtained through the Services, or resulting from any errors, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any fault in performance.
By using the Services, you agree to defend, indemnify and hold harmless Akua Design, its subsidiaries and associated companies, and their respective officers, agents, directors, employees, members, licensors and assigns, from any claim, demand, damage, obligation, loss, liability, cost, debt, expense (including legal fees and disbursements) and amount paid for any settlement arising out of or relating to the Sites, or your violation of the Terms of Service or the rights of third parties. Akua Design may assume the exclusive defense and control of any matter for which you have agreed to indemnify Akua Design and you agree to assist and cooperate with Akua Design in the defense or settlement of any dispute.
13.1. Termination by Akua Design.
Akua Design may terminate or suspend your access or Services immediately, without notice and without liability, for any reason whatsoever, including breach of these Terms.
13.2. Termination by You.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our Services.
13.3. Effect of Termination.
Upon termination of your access or right to use the Services, your right to use or access the Services will cease immediately.
13.4. Survival of Provisions.
The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination, including provisions relating to intellectual property, disclaimer of warranty, limitation of liability and indemnification. Termination of your access to and use of the Services does not release you from any obligations prior to termination and does not limit any liability you may have to Akua Design or any third party.
14.1. Complaints procedure.
For any dispute arising from or related to this agreement, you agree, in the first place, to contact Akua Design in order to attempt to settle the dispute informally. If Akua Design has not been able to settle the dispute with you informally, each party agrees to settle the dispute by first resorting to mediation, in accordance with the provisions of articles 605 and following of the Code of Procedure Quebec, unless mediation (i) is not initiated at the initiative of a party within ten (10) days following the expiry of the period indicated in a notice of default sent by a party to the other, or (ii) has not resulted in an amicable agreement after twenty (20) days from the start of the mediation and, thereafter, if the mediation has not resulted in an amicable agreement, by compulsory arbitration, in the City of Quebec (Canada) unless you and Akua Design agree otherwise, in accordance with the provisions of articles 620 and following of the Code of Civil Procedure of Quebec, except in the circumstances for which applicable laws prohibit referral to arbitration or restrict right of a consumer to appear before a court.
14.2. Collective action.
Except in circumstances where applicable law prohibits restrictions on a party's right to bring a class action, all claims must be brought by the parties in their own name, and not as a plaintiff or class member. in a class action, in any representative proceeding or in a class action and, unless the parties agree otherwise, an arbitrator may not join the claims of more than one person.
Nothing in this article prevents the parties from obtaining interim measures or a safeguard order, such as an injunction or other action deemed equitable, by a court of competent jurisdiction, before or during the arbitration proceedings.
15. APPLICABLE LAW
This agreement is governed and interpreted in accordance with the laws in force in the province of Quebec, without regard to the rules applicable in the event of conflict of laws. Your conduct may also be subject to other local, national or state laws.
16.1. Entire Agreement.
Failure or delay by Akua Design to exercise any right, remedy, power or privilege under the Terms shall not constitute a waiver of such rights, remedies, powers or privileges. To be valid, a waiver must be in writing and must be signed by Akua Design. A written waiver of one default shall not be construed as constituting a waiver of any other default or default of a similar nature which may arise in the future.
16.4. Invalidity or Unenforceability.
In the event that one or more provisions of these Terms are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms. These Terms will then be construed as if the invalid or unenforceable provision had never formed part of these Terms.
17. CONTACT US
Akua Design appreciates your comments, questions and feedback, which can be sent to firstname.lastname@example.org.
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