TERMS OF SERVICE
Updated: 27 September 2022
OVERVIEW OF YOUR USER AGREEMENT:
This website (platform) is operated by Jaycottz Online through the platform provided by Wix.com. Throughout the site, the terms “we”, “us” and “our” refer to Jaycottz Online. Please read these "Terms of Service" carefully before accessing or using our platform. The term "ToS" from this point will refer to these "Terms of Service".
By accessing or using any part of the platform, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink from the Home page under the Contact Us section.. If you do not agree to all the terms and conditions of this agreement, then you may not access the platform or use any services. If these ToS are considered an offer, acceptance is expressly limited to these ToS. These ToS apply to all users of the site, including without limitation users who are browsers, vendors/merchants, customers, or contributors to the platform.
We offer this platform, 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 hereby within. By visiting our site and/or purchasing from the online store, you participate in our “Service”.
Any new products, features, or tools which are added to the current online store shall also be subject to the ToS. We reserve the right to update, change, or replace any part of these ToS by posting updates and/or changes to our platform. The most current version will be available to be seen at any time on this page and date updated to reflect such. As the user of this platform, it is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes. A breach or violation of any of the ToS may result in an immediate termination of your Services.
Our store is hosted on Wix.com in connection with an extension to Printful. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this ToS agreement are included for convenience only and not limited by such.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
The user must follow all applicable rules in our Forums stated therein.
You agree not to exploit, duplicate, copy, reproduce, sell, or resell any portion of the Service, use of the Service, or access to the Service, without express written permission by us.
SECTION 2 - PERSONAL INFORMATION
SECTION 3 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jaycottz Online and any of our affiliates, partners, suppliers, employees, contractors, licensors, service providers, subcontractors, 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 ToS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You also agree to indemnify Jaycottz Online of any accident or injury which may occur as a result of negligence or withholding information on your part whilst completing any exercise or plan. You are expected to at all times take proper care and focus on body form, and encouraged to seek a medical practitioner before engaging in any exercise routine. Jaycottz Online will not be responsible for any inaccuracies you document in any website forms. In completing such forms, you have acknowledged and certified to your knowledge that you are medically and physically capable of taking part in any exercise regime.
SECTION 4 - LIMITATION OF LIABILITY
Jaycottz Online and any of our affiliates, partners, suppliers, employees, contractors, licensors, service providers, subcontractors, in no case shall 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 5 - SEVERABILITY
In the event that any provision of these ToS 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 6 - INTELLECTUAL PROPERTY AND CONTENT
The intellectual property rights in all content hereby displayed within or from this platform remains property of Jaycottz Online or its licensors and are protected by copyright laws and treaties around the world. These include (but not limited to): Platform content, product descriptions, sales emails, coupon codes, and designs. All such rights are reserved by Jaycottz Online and its licensors. You may store, print and display the content supplied solely for your pwn personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this platform nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any products or accompanying documentation supplied by us.
SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. We will adjust information accordingly The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 8 - ONLINE STORE
By agreeing to these ToS, you represent that you are of legal age to use this platform responsibly and you have given us your consent to allow any of your minor dependents to use this platform. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that your credit card information is always encrypted during transfer over networks and is safe. Other content 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.
SECTION 9 - PRODUCTS OR SERVICES AND MODIFICATIONS TO SERVICE AND PRICES
We have made every effort to display as accurately as possible the pricing, colours, and images of our products that appear on the store. We are not responsible for your screens graphics. 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.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited.
Prices are taxed under Irish tax revenue laws and exclude delivery costs on display until added to your Cart. All applicable prices you are deemed liable will appear automatically at checkout. If any price change were to occur, these changes will not affect orders in respect of which we have already sent you a confirmation. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card of choice.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related platform, should be taken to indicate that all information in the Service or on any related platform has been modified or updated.
SECTION 11 - ACCURACY OF ACCOUNT AND BILLING INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. The user agrees to promptly update their 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.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address provided at the time the order was made.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 ToS.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
If, at our request, you send certain suggestions, feedback, creative ideas, proposals, plans, or other materials, whether online or by email, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) respond to any comments; (2) maintain any comments in confidence. You are not deemed eligible for any compensation of such comments. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. You furthermore agree that your comments do not violate any right of any third-party, including, but not limited to: copyright, trademark, privacy rights.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the ToS, 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 website, 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 14 - THIRD-PARTY LINKS AND TOOLS
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 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.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this 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 may provide you with access to third-party tools such as extensions which operate on this platform through the Wix.com platform over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these ToS.
SECTION 15 - DISCLAIMER OF WARRANTIES
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.
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.
SECTION 16 - TERMINATION
These ToS are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, or by cancellation of account and plan(s).
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these ToS, 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). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 17 - ENTIRE AGREEMENT
Any ambiguities in interpretation shall not be construed against the drafting party. These policies or operating rules posted by us on this platform or in respect to the Service constitutes 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, any prior versions of the ToS). The failure of us to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
SECTION 18 - GOVERNING LAW
These ToS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Ireland. Any claim under these ToS must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Jaycottz Online and the user arising out of or in connection with your use of the platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
SECTION 19 - CHANGES TO TERMS
We reserve the right to update, change, or replace any part of these ToS by posting updates and/or changes to our platform. The most current version will be available to be seen at any time on this page and date updated to reflect such. As the user of this platform, it is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes.