Terms of Service

OVERVIEW

This website is branded by K2 COMMERCE LTD. Across the site, the terms “we,” “us,” and “our” pertain to K2 COMMERCE LTD. We offer this website, inclusive of all information, tools, and services accessible from this site, to you, the user, subject to 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 carefully read these Terms of Service 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 that 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.

SECTION 1 – ONLINE STORE TERMS

By accepting these Terms of Service, you affirm that you are either 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 have provided consent for any minor dependents to use this site.

You are prohibited from using our products for any illegal or unauthorized purpose, and you must comply with all applicable laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.

You must not transmit any worms, viruses, or any other code of a destructive nature.

Failure to comply with or breach any of the Terms will result in an immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, and for any reason.

You acknowledge that your content (excluding credit card information) may be transmitted without encryption and may undergo (a) transmission over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, the utilization of the Service, or access to the Service, or any contact on the website facilitating the service unless you have secured express written permission from us.

The headings utilized in this agreement are provided for convenience purposes only and will not constrain or otherwise impact these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held accountable if the information provided on this site is not accurate, complete, or up-to-date. The content presented on this site is intended for general informational purposes only and should not be the sole basis for decision-making. It is advisable to consult primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance you place on the material on this site is at your own risk.

This site may contain certain historical information. However, historical information is not current and is provided solely for reference purposes. We reserve the right to modify the contents of this site at any time, but we are not obliged to update any information on our site. You agree that it is your responsibility to monitor any changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices for our products may change without prior notice.

We retain the right to alter or cease the Service, or any part or content thereof, at any time without prior notice.

We are not liable to you or any third party for any modifications, price adjustments, suspension, or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through our website. These items may have limited quantities and are subject to our Return Policy for returns or exchanges.

We have exerted every effort to showcase the colors and images of our products as accurately as possible on the store. However, we cannot ensure that your computer monitor will precisely replicate the colors of the products.

We retain the right, though not obliged, to restrict the sales of our products or services to any individual, geographic region, or jurisdiction. This right may be applied on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we provide. All product descriptions and prices are subject to alteration at our sole discretion without notice. We may discontinue any product at any time. Any offers for products or services on this site are null and void where prohibited

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

We reserve the right to decline any order placed with us. At our sole discretion, we may impose restrictions or cancel quantities purchased per person, per household, or per order. These limitations may extend to orders made under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event of changes to or the cancellation of an order, we will attempt to notify you using the email and/or billing address/phone number provided during the order placement. Additionally, we reserve the right to restrict or prohibit orders that, in our judgment, appear to be made by dealers, resellers, or distributors.

By accepting these Terms of Service, you affirm your commitment to furnish accurate, complete, and current purchase and account information for all transactions conducted on our store. It is your obligation to promptly update your account and other particulars, including your email address, credit card numbers, and expiration dates, to facilitate the completion of your transactions and ensure our ability to contact you as needed.

For additional details, kindly consult our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you access to third-party tools that are neither monitored nor controlled by us.

You acknowledge and agree that we offer access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without endorsing them. We are not liable for any damages or liabilities arising from or related to your use of optional third-party tools.

If you opt to use any optional tools provided on the site, you do so at your own risk and discretion. It is your responsibility to review and accept the terms under which these tools are offered by the relevant third-party provider(s).

Additionally, we may introduce new services and/or features through the website in the future, and they will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services accessible through our Service may incorporate materials supplied by third parties.

This site might have links to third-party websites that are not associated with us. We lack control over the content or accuracy of these third-party materials, and we do not offer any warranty or accept any liability or responsibility for them. Moreover, we are not accountable for any other materials, products, or services provided by third parties.

We are not responsible for any damages or harm arising from the purchase or utilization of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Prior to engaging in any transaction, please meticulously examine the policies and practices of the third party and ensure that you comprehend them. If you have any complaints, claims, concerns, or questions regarding third-party products, kindly reach out to the third party directly.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we solicit specific submissions from you (such as contest entries) or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or through any other means (collectively, “comments”), you consent to our use, editing, copying, publishing, distributing, translating, and any other utilization of these comments in any medium, without any restrictions. We are not obligated to (1) maintain any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments.

While we possess the right, but not the obligation, to monitor, edit, or remove content that we, at our sole discretion, perceive as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that infringes upon any party’s intellectual property or these Terms of Service

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments will not include any libelous, unlawful, abusive, or obscene material, or any computer virus or malware that could disrupt the operation of the Service or any related website. You must not use a false email address, impersonate someone else, or deceive us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and bear no liability for any comments posted by you or any third party

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information through the store is regulated by our Privacy Policy. To review our Privacy Policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be instances where our website or the Service includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions and to modify or update information at any time without prior notice. This includes the right to cancel orders if any information on the Service or any related website is inaccurate, even after you have placed your order.

Please be aware that we are under no obligation to update or clarify information in the Service or on any related website, including pricing information, unless required by law. The absence of a specified update or refresh date should not be construed as an indication that all information in the Service or on any related website has been modified or updated.

We apologize for any inconvenience caused by such errors and want to assure you that we are committed to offering accurate and up-to-date information. If you have any questions or concerns regarding the information provided on our website, please feel free to contact us.

SECTION 12 – PROHIBITED USES

In addition to the prohibitions outlined in the Terms of Service, the following actions are strictly forbidden when using the site or its content:

(a) Employing the site for any unlawful purpose;

(b) Soliciting others to perform or participate in unlawful acts;

(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) Submitting false or misleading information;

(g) Uploading or transmitting viruses or any other type of malicious code that may impact the functionality or operation of the Service, related websites, other websites, or the Internet;

(h) Collecting or tracking the personal information of others;

(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) Using the site for any obscene or immoral purpose;

or (k) Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.

Violation of any of these prohibited uses may lead to the termination of your use of the Service or any related website. We take these restrictions seriously to ensure a safe and lawful environment for all users.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot 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.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice.

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 provided “as is” and “as available” unless otherwise expressly stated by us. We do not make any other representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall OgaSports, 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 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. 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

You agree to indemnify, defend, and hold harmless OgaSports, our parent company, 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

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of both parties that were incurred before the termination date will continue to apply even after the termination of this agreement.

These Terms of Service will remain in effect unless terminated by either you or us. You have the option to terminate 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 we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms of Service or if we suspect such failure, we may terminate this agreement without prior notice. In such cases, you will remain responsible for any outstanding amounts up to and including the termination date. We may also deny you access to our Services or any part thereof.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service does not waive that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including 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 responsible for drafting them.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws

SECTION 19 – CHANGES TO TERMS OF SERVICE

The most current version of the Terms of Service can always be found 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. It is your responsibility to regularly check our website for any changes. By continuing to use or access our website or the Service after any modifications or changes to these Terms of Service have been posted, you acknowledge and accept those changes.

SECTION 20 – CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us at [email protected].