Terms of service
OVERVIEW
Welcome to Aquora Tech. The terms “we,” “us,” and “our” refer to Aquora Tech. Aquora Tech operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Aquora Tech uses Shopify technology to power the Services.
The following terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS & ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is true, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, or assign your account to any other person, nor grant licenses tied to that account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products offered to any person, geographic region, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Aquora Tech reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Aquora Tech confirms acceptance. We must receive and process your payment in order to accept your order.
Please review your order carefully before submitting it, as Aquora Tech may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, or if we modify or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4: PRICES & BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs processing, or import duties.
Prices listed in our online stores may differ from prices offered in physical stores, other online stores, or other channels managed by third parties. From time to time, we may offer promotions on the Services that affect prices and that are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) your credit card company will honor the charges incurred by you; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING & DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control. Once we deliver the products to the carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services—including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof—are owned by Aquora Tech, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly set forth herein, no portion of these Terms grants, or shall be construed as granting, any license or other right to you in or to any patents, trademarks, copyrights, or other intellectual property of Aquora Tech, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Aquora Tech reserves all rights not expressly granted herein.
Aquora Tech names, logos, product and service names, designs, and slogans are trademarks of Aquora Tech, its affiliates, or licensors. You must not use such marks without the prior written consent of Aquora Tech. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans used in the Services are the trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide you with access to client tools offered by third parties over which we have no control, oversight, or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without 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 third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which those tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant, the accuracy or content of any third-party materials or websites you choose to access. If you decide to leave the Services and access such materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or to the purchase or use of any goods, services, resources, content, or other materials on or through such websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Aquora Tech uses Shopify technology to provide you with the Services. However, any sale or purchase you make in our store is conducted directly with Aquora Tech. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Aquora Tech, including injuries, damages, or losses caused by products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Aquora Tech.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: , and certain personal information may be subject to Shopify’s Privacy Policy, which can be found there as well. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. To deliver these services, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that: (i) you own all rights necessary to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) treat Feedback as confidential; (2) provide compensation for Feedback; or (3) respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback 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 Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback 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 Services or any related website. You may not use a false email 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.
SECTION 12: ERRORS, INACCURACIES & OMISSIONS
From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time, without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You agree not to access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(h) to impersonate, or attempt to impersonate, any person or entity;
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Aquora Tech, Shopify, or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit any 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 Services or any related website;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) send spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED BY Aquora Tech, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE, OR ERROR-FREE MANNER. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Aquora Tech, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aquora Tech, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including the cost of reasonable attorneys’ fees, payable to any third party arising out of (1) your breach of these Terms of Service or of any documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, with the understanding that failure to provide prompt notice will not relieve you of your obligations unless you have suffered substantial prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claims that impose non-monetary obligations on you without your consent (not to be unreasonably delayed). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.
SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19: WAIVER; 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 and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms, together with our rights and obligations hereunder, without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Aquora Tech belongs. You and Aquora Tech hereby submit to the jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
support@aquoratech.com