Terms of Service
OVERVIEW
This website is operated by ADVWIN TRADING PTY LTD. Throughout the site, the terms “we”, “us” and “our” refer to advwin. advwin 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
1.Service Termination: We reserve the right to refuse service to anyone for any reason at any time.
2.Content Transmission: Your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.Use Restrictions: 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 without our express written permission.
4.Headings: The headings used in this agreement are for convenience only and will not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
1.Information Accuracy: We do not guarantee the accuracy, completeness, or timeliness of information on this site. The material provided is for general information only and should not be relied upon solely for decision-making.
2.Historical Information: Certain parts of the site may contain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation to update it.
3.Responsibility: You agree that monitoring changes to our site is your responsibility, and reliance on any information on the site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
1.Price Changes: Prices for our products are subject to change without notice.
2.Service Modifications: We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
3.Limitation of Liability: We shall 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)
1.Online Exclusivity: Certain products or services may be exclusively available online through our website. These items may have limited quantities and are subject to return or exchange only as per our Return Policy.
2.Product Representation: We have made every effort to accurately display the colors and images of our products in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
3.Sales Limitations: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
4.Product Descriptions: All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time.
5.Quality and Errors: We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. We also do not guarantee that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
1.Order Acceptance: We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2.Account Information: You agree to provide current, complete, and accurate purchase 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
1.Third-Party Tools: We may provide you with access to third-party tools over which we have no control or input.
2.Disclaimer of Warranties: 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.
3.Use of Optional Tools: Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4.New Services and Features: We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
1.Third-Party Content: Certain content, products, and services available via our Service may include materials from third-parties.
2.Third-Party Websites: Third-party links on this site may direct you to websites that are not affiliated with us. We do not control or evaluate the content or accuracy of these third-party materials and websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3.Limitation of Liability: 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. Before engaging in any transaction, carefully review the third-party's policies and practices to ensure understanding. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
1.Submission Rights: If you submit specific submissions (e.g., contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
2.Confidentiality and Compensation: We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
3.Content Monitoring: We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4.Compliance and Responsibility: You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or 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, pretend to be someone other than yourself, or mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy of any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Privacy Policy: Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here (replace with the actual link to your Privacy Policy).
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
1.Information Accuracy: Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
2.Right to Correct Errors: 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).
3.No Obligation to Update: We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
1.Usage Restrictions: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful 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 the intellectual property rights 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 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;
(h) To collect or track the personal information of others;
(i) To engage in sending spam or any other form of solicitation;
(j) To use automated scripts to collect information from or otherwise interact with the Site;
(k) To impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
(l) To upload, email, or transmit any unlawful, harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content, or infringe on any patent, trademark, trade secret, copyright, or other proprietary rights;
(m) To use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or content without our prior express written permission;
(n) To use any device, software, or routine to bypass security measures or interfere with the proper functioning of the Site;
(o) To take actions that impose an unreasonable or disproportionately large load on our or our host’s infrastructure;
(p) To systematically retrieve data to create or compile a collection, compilation, database, or directory without express written permission;
(q) To frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without prior express written consent;
(r) To use metatags or hidden text using our name or trademarks without express written consent;
(s) For any obscene or immoral purpose;
(t) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
(u) To provide material support or resources to any organization designated by the United States government as a foreign terrorist organization.
2.Termination: We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
1.Service Reliability: We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.
2.Service Availability: You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
3.User Responsibility: You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
4.Limitation of Liability: In no case shall advwin, 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, without limitation, 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 any of the service or any products procured using 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 their possibility.
5.Jurisdictional Limitation: Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
User Agreement: You agree to indemnify, defend, and hold harmless advwin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, 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 they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
1.Provision Enforcement: In the event that 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.
2.Severed Provisions: The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
1.Survival of Obligations: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2.Termination by You: These Terms of Service are effective unless and 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.
3.Termination by Us: If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we 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 we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
1.No Waiver: 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.
2.Complete Understanding: These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any 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).
3.Interpretation of Ambiguities: 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 whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
1.Review of Changes: You can review the most current version of the Terms of Service at any time on this page.
2.Right to Modify: 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.
3.User Responsibility: 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
Questions about the Terms of Service should be sent to us at support@advwin.us