Terms of service
OVERVIEW
Welcome to Viraqo! The terms ‘we’, ‘us’ and ‘our’ refer to Viraqo. Viraqo operates this shop and website, including all information, content, features, tools, products and related services, to provide you, as a customer, with a personalised shopping experience (hereinafter the “Services”). Viraqo is a shop powered by Shopify, which enables us to provide you with the Services.
The Terms and Conditions of Use below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with or using our 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 this Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least of legal age in your state or province of residence, and you agree to allow any minors in your care to use the Services on devices that you own, purchase or manage.
To use the Services, including to access or browse our online shops, or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide in our shops is accurate, up to date and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not permitted to transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online shops. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the type of device you use to access the shop, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as that described or displayed in our online shops.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographical region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Viraqo reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Viraqo has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Viraqo may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, amend or cancel an order, we will endeavour to notify you by contacting the email address, billing address and/or telephone number provided at the time of ordering.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in force at the time the order is placed and will be stated in your order confirmation email. Unless otherwise stated, the prices displayed do not include taxes, shipping and handling costs, or customs or import duties.
The prices displayed in our online shops may differ from those offered in physical shops or in online shops or other outlets operated by third parties. We may, from time to time, offer promotions on the Services which may affect prices and which are governed by terms and conditions of use separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use this credit card for the purchase, (iii) the amounts charged to you will be honoured by your credit card issuer, and (iv) you will pay the amounts charged to you at the prices displayed, including shipping and handling charges and any applicable taxes, where applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All shipping times are estimates and are not guaranteed. We are not liable for delays caused by freight carriers, customs clearance or events beyond our control. Once we hand over the goods to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all registered trademarks, trade marks, text, graphics, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Viraqo, its affiliates or its licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms authorise you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property of Viraqo, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved by Viraqo.
Viraqo’s names, logos, product and service names, designs and slogans are registered trademarks of Viraqo or its affiliates or licensors. You must not use these trademarks without Viraqo’s prior written consent. 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 on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party client tools offered as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools ‘as is’ and ‘as available’ without any warranty, representation or condition of any kind and without any endorsement. We accept no liability arising from or relating to your use of the optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, introduce new features via the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any loss or damage arising from your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of third parties carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
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Viraqo is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make in our Shop are conducted directly with Viraqo. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Viraqo, including any harm, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or in connection with your purchases and transactions with Viraqo.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide you with the Services. Please see our Privacy Policy for further details on how we, Shopify and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, opinions, proposals, packages or other content (collectively referred to as ‘Feedback’), you grant us a perpetual, worldwide, sub-licensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including for commercial purposes. We may, for example, use the rights granted to us under this licence to operate, provide, evaluate, enhance, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and shall have no obligation, (1) to keep your Feedback confidential; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obliged to, monitor, modify or remove Feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe any third-party rights, including copyright, trademarks, confidentiality, personality rights or any other personal or proprietary rights. You also agree that your Feedback shall not contain any defamatory or otherwise unlawful, abusive or obscene material, nor any computer viruses or other malicious software that may in any way affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of a Review. You are solely responsible for any Review you submit and its accuracy. We accept no liability for any Review posted by you or by a third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information on or within the Services may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders if any information is inaccurate, at any time and without notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to breach any international, federal, provincial or national regulation, rule, law, or local order; (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, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the sending of any advertising or promotional material, including any ‘junk mail’, ‘chain letters’, ‘spam’ or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our opinion, may harm Viraqo, Shopify or the users of the Services, or expose them to liability.
Furthermore, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of other individuals; (d) send spam, phishing, pharming, pretexting, bot, crawler or scraping; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe you have breached any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you shall remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any 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 which, by its nature, should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We accept no liability arising from the reliance placed on this content by you or any other visitor to the Services, or any other person informed of its content.
UNLESS EXPRESSLY STATED BY Viraqo, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Viraqo, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL 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, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Viraqo, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising out of or in connection with (1) your breach of these Terms of Service or the documents incorporated herein 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 for which you are liable to indemnify us, provided that a failure to provide prompt notice shall not relieve you of your obligations, unless you suffer material prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of lawyer, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which must not be unreasonably withheld). You shall cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure 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 published by us on this site or in relation to 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, but not limited to, all previous versions of the Terms of Service).
Any ambiguity 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 any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction where Viraqo has its registered office. You and Viraqo agree to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and amendments on our website. It is your responsibility to check our website regularly for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the publication of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT DETAILS
Any queries regarding the Terms of Service should be sent to us at viraqo@gmail.com.
Our contact details are listed below:
viraqo@gmail.com
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