Terms Of Service

TERMS OF SERVICE

 

OVERVIEW

 

This website and/or its mobile sites (the “Site”) is operated by Stay-Active. These Terms of Service (“Terms of Service”) apply to Your use of the Site. Any purchase of any products and/or services available through the Site (“Services”) are governed by these Terms.

 

Throughout the Site, the terms “we”, “us” and “our” refer to Stay-Active.

 

Stay-Active offers this Site, including all information, tools and services available on this Site, to You, the user, conditioned upon Your acceptance of these Terms of Service. Your continued use of this Site constitutes your agreement to these Terms of Service, including those additional terms, conditions and policies referenced herein. 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. If you do not wish to be bound by these Terms of Use, please do not use this Site.

 

Please read these Terms of Service, along with any additional terms, conditions and policies referenced in these Terms of Service, carefully before accessing or using the Site.

 

Any new terms, conditions, policies, features and/or tools which are added to the Site 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 the Site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is Your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Services to You.

 

SECTION 1 – DATA INTEGRITY & PRIVACY

 

  • You acknowledge that You are responsible for all the information and any content You may submit through the Site or to Stay-Active through any other means, including the legality, reliability, appropriateness, originality and copyright of any such information and content. You may not upload to, distribute or otherwise publish through this Site any information or content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, false, fraudulent, including, but not limited to any information or content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws.

 

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any information or content.

 

  • Please note that your provided content to us (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

  • We only use Your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy carefully, as it includes important terms which apply to you.

 

  • You consent to any personal information we obtain about you (either via the Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

 

SECTION 2 – TERMS OF USE OF THE SITE

 

  • The Site will guide You through the steps You need to take to place an order and make a payment with us. Please take the time to read and check your order at each page of the order process.

 

  • After You place an order, You will receive an e-mail from us acknowledging that we have received Your order. The Contract between You and us will only be formed when You receive Your order confirmation email.

 

  • We will send you an e-mail that confirms that the Services have been dispatched.

 

  • If we are unable to supply you with Services, for example because the particular Services are not in stock or are no longer available or because of an error in the price on the Site, we will inform You of this by e-mail and we will not process Your order. If You have already paid for the Services, we will refund You the full amount including any shipping costs charged as soon as possible and will incur no further liability to You.

 

  • By placing an order or making a payment through our Site, You warrant that You are legally capable of entering into binding contracts.

 

  • The use of our Site by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the Site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof.

 

  • You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to the Site; collecting data from the Site; sending unsolicited commercial communications via the Site; and/or without limitation performing any act that is inconsistent with the purpose of the Site: to take in and fulfil consumer orders.

 

  • A breach or violation of any Terms of Services will result in an immediate termination of any Services provided to You, Your right to use the Site will cease immediately and/or where necessary we will report any breach of these Terms of Services to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and/or your personal information to them.

 

  • Please note that any Services made available through the Site are intended for non-commercial use, and purchase of any Services for resale purposes is strictly prohibited.

 

  • We do not guarantee that the Site or any content on it will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to You if for any reason the Site is unavailable at any time or for any period.

 

  • We may update the Site from time to time and may change the content at any time.

 

  • Certain content, products and services available via our Service may include materials from third-parties. Third-party links on our Site may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  • Details about shipping information, cancelling and tracking Your order as well as order refunds can be found on our Site at Track Order, Refund Policy and Shipping Information Please read them carefully, as they include important terms, which apply to You.

 

SECTION 3 – TRANSFER OF OWNERSHIP, DUTIES AND TAXES

 

3.1.      The Title (ownership) of the purchased Services shall transfer to You at the moment of sale (when the order has been placed at our Site and full payment for Services has been made).

 

3.2.      You are liable for any import duties or taxes incurred on the Services to the appropriate tax authority.

 

SECTION 4 - GENERAL CONDITIONS

4.1.      Stay Active reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate Your access to or use of the Site at any time without notice.

 

4.2.      Stay-Active reserves the right without notice at any time to modify Services, to modify the price of Services or discontinue the sale of Services. Stay-Active shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of Services.

 

4.3.      Stay-Active reserves all rights, title and interests in our intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

 

4.5.      ALL SERVICES DESCRIPTIONS AND SPECIFICATIONS ARE ONLY INFORMATIVE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. THESE DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR PURCHASING SERVICES.

 

4.6.      WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY SERVICES PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT.

 

4.7.      We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or to Your downloading of any content on it, or on any website linked to it.

 

4.8.      You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms.

 

4.9.      In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

4.9.      These Terms of Service and the Contract between You and Stay-Active shall be governed by Latvian law. By using the Site in any way, You unconditionally consent and agree that any dispute, controversy, difference or claim arising out of or relating to these Terms of Service and/or the Contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the courts of Latvia.

 

SECTION 5 – COMMUNICATION

 

If you have any questions or comments regarding these Terms of Service, the Site or the Contract, please contact us at info@stayactive.net