Terms of service
OVERVIEW
Welcome to NEXIFY! The terms “we,” “us,” and “our” refer to NEXIFY. NEXIFY operates this store and website, including all related information, content, features, tools, products, and services (the “Services”), in order to provide you, the customer, with a curated shopping experience. NEXIFY is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services. These Terms set out your rights and obligations, and include important provisions such as disclaimers of warranties and limitations of liability.
By accessing, browsing, or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence, and that you have provided consent for any minor dependents to use the Services on devices owned, purchased, or managed by you.
To access or use certain Services, including browsing or purchasing from our online store, you may be required to provide information such as your email address, billing details, payment information, and shipping information. You represent and warrant that all information provided is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display our products and Services as accurately as possible. However, we do not guarantee that product descriptions, colors, images, or other content are accurate, complete, reliable, or error-free. Variations may occur depending on device display settings.
We do not warrant that the quality of any products, services, or other materials purchased or obtained by you will meet your expectations or match any representation made in the Services.
We reserve the right to modify product descriptions at any time without notice, and to discontinue any product at any time. We may also limit quantities offered per person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. NEXIFY reserves the right, at its sole discretion, to accept or reject any order for any reason.
Your order is not deemed accepted until confirmed by NEXIFY. We must receive and process payment prior to acceptance. We may, at any time before acceptance, refuse, limit, or cancel any order.
We recommend carefully reviewing your order before submission, as cancellation after acceptance may not be possible.
If your order is modified or cancelled, we will attempt to notify you using the contact information provided at checkout.
Purchases are subject only to our Return Policy [LINK], where applicable.
You represent and warrant that all purchases are made for personal or household use only and not for resale or commercial distribution.
SECTION 4 – PRICING AND BILLING
All prices, discounts, and promotions are subject to change without notice. The price applicable to your order will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email.
Unless otherwise stated, prices do not include applicable taxes, shipping fees, customs duties, import taxes, or handling charges.
Prices in the Services may differ from prices offered in physical stores or third-party platforms.
You agree to provide current, complete, and accurate billing and account information for all purchases and to promptly update such information as necessary.
You represent and warrant that:
(i) the payment information provided is valid and accurate;
(ii) you are authorized to use the payment method;
(iii) payment will be honoured by your payment provider; and
(iv) you will pay all charges incurred, including taxes and shipping fees.
SECTION 5 – SHIPPING AND DELIVERY
All shipping and delivery timelines are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs authorities, or events beyond our reasonable control.
Risk of loss and title for products pass to you upon transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content available through the Services, including but not limited to trademarks, branding, text, graphics, images, video, audio, design, selection, and arrangement thereof, is owned by or licensed to NEXIFY and is protected under applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the Services solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without prior written consent.
All rights not expressly granted are reserved by NEXIFY.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools that we neither monitor nor control.
Such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. We assume no liability arising from your use of optional third-party tools.
Use of such tools is entirely at your own risk and discretion.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or services. We are not responsible for examining or evaluating their content, accuracy, or practices.
We are not liable for any damages or losses related to your use of third-party websites or services. You should review their policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
NEXIFY is powered by Shopify. However, all sales transactions are made directly between you and NEXIFY.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of the transactions between you and NEXIFY, including any claims, damages, or losses arising from purchases.
You expressly release Shopify and its affiliates from any and all claims arising from your use of the Services.
SECTION 10 – PRIVACY POLICY
Your personal information is governed by our Privacy Policy [LINK] and, where applicable, Shopify’s Privacy Policy.
By using the Services, you acknowledge that your data may be collected, processed, and transferred by NEXIFY and Shopify in accordance with applicable privacy laws.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, ideas, or other materials (“Feedback”), you grant NEXIFY a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, modify, publish, distribute, and otherwise exploit such Feedback for any purpose.
You represent that you own or have all necessary rights to provide such Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or shipping charges.
We reserve the right to correct such errors and to update or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for any unlawful or prohibited purpose, including but not limited to fraud, abuse, harassment, infringement of intellectual property rights, spamming, or interference with the operation of the Services.
You agree not to engage in any activity that could harm, disable, overburden, or impair the Services.
We reserve the right to terminate access if any violation is detected.
SECTION 14 – AGENTS
If you use automated systems, software agents, or AI agents to access or interact with the Services, such agents must comply with applicable identification and disclosure requirements and may not circumvent technical restrictions, security mechanisms, or access controls.
We reserve the right to restrict or block automated access at our discretion.
SECTION 15 – TERMINATION
We may terminate or suspend access to the Services at any time, without notice, for any reason.
All provisions which by their nature should survive termination shall remain in effect.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee uninterrupted, timely, secure, or error-free operation of the Services.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, NEXIFY and its affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, data, or savings, arising from your use of the Services or products.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NEXIFY, Shopify, and their affiliates from any claims, liabilities, damages, losses, or expenses arising out of your breach of these Terms or violation of any law or third-party rights.
SECTION 19 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 20 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and NEXIFY and supersede all prior agreements.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights without our prior written consent. We may assign our rights without restriction.
SECTION 22 – GOVERNING LAW
These Terms shall be governed by the laws of the jurisdiction in which NEXIFY is established.
SECTION 23 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 24 – CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time. Continued use of the Services constitutes acceptance of such changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms should be sent to:
bosslossantos@gmail.com