TERMS OF SERVICE

OVERVIEW

This website is operated by FX Retina. Throughout the site, the terms “we”, “us” and “our” refer to FX Retina. FX Retina 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 WooCommerce. 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

You warrant 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 granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service.

You may not use our products for any unlawful or unauthorised purposes, and you may not break any local laws (including, but not limited to, copyright laws) while using the Service.

You must not distribute any worms, viruses, or other disruptive code.

Your Services will be immediately terminated if any of the Terms are broken or violated.

SECTION 2 – GENERAL CONDITIONS

Anytime, for any reason, we have the right to deny service to anyone.

You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks; and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.

You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.

The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Inaccurate, incomplete, or out-of-date information on this website is not our responsibility. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.

There may be historical data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep track of updates to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. 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 at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

Any order you place with us may be rejected by us at our discretion. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. The email address, billing address, and/or phone number supplied at the time the transaction was placed may be used to reach you in the event that we amend or cancel an order. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.

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 and 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

We might give you access to third-party tools that we don’t monitor, control, or have any say in.

You understand and accept that we provide these tools accessible “as is” and “as available” without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We won’t be held responsible for anything related to or resulting from your use of optional third-party tools.

You must understand and agree to the conditions under which any optional tools given by the appropriate third-party provider(s) are provided before using any optional tools made available through the site at your own risk and discretion.

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

Materials from third parties may be included in some content, goods, and services made available through our site.

You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.

Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party’s rules and practises to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments.

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.

You acknowledge that you will not post anything that infringes on anybody else’s copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won’t contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

On rare occasions, material on our website or in the Service may have clerical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. We reserve the right to change or update information or cancel purchases if any information in the Service or on any affiliated website is erroneous at any time (even after you have completed your order). We also reserve the right to remedy any mistakes, inaccuracies, or omissions.

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

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 spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 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

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 that may be 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 of time or cancel the service at any time, without notice to you.

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 representation, 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.

In no case shall FX Retina, 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. Because some states or jurisdictions do not allow the exclusion or the 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 FX Retina and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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

The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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.

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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.

All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service) are superseded by these Terms of Service, any policies or operating rules posted by us on this website or in relation to the Service, which together govern your use of the Service.

Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.

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 India.

SECTION 19 – CHANGES TO TERMS OF SERVICE

On this page, you can always consult the most recent version of the Terms of Service.

By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at fxretina@gmail.com