The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Neeq Design Company that governs all use by you of the www.neeq.ca website (the “Site”) and the products and services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to Neeq and all of its subsidiaries and affiliated companies collectively as “Neeq”, “we”, “our”, “us”, etc. Neeq is an apparel and accessories design company that sells products with unique and/or limited designs to you (“Customer”, Client or “User”). “Party” or “Parties” refers to both the Client and ourselves. Neeq fulfils and ships its products via a dropshipping service provider (“Dropshipper”).
SECTION 17 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 17. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST NEEQ IN CANADA.
1. Access & Membership
In order to enjoy all of Neeq’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s Neeq account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Neeq immediately of any breach of security or unauthorized use of your account. Although Neeq will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Neeq and others due to such unauthorized use.
Neeq may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content. Neeq may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability.
If you are an individual (rather than an organization or entity), then you certify to Neeq 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 given us your consent to allow any of your minor dependents to use this site.
If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
You can review the most current version of the Terms of Service at any time at this page.
Neeq reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after Neeq posts them on the Site.
You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after Neeq posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified.
If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Neeq a written notification, including via email (and your Neeq account will be deleted), to close your account within 30 days of notice.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Neeq does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Neeq, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Neeq shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Neeq Design Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, reviews, comments, videos, usernames, etc.).
You warrant and represent that the Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
A. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content.
B. Permission to Use the Content. Neeq agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
C. Rights You Grant Neeq. By posting your Content, you grant Neeq a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Neeq, or the Services in general, in any formats and through any channels, including across any Neeq Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
D. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own all trademarks, service marks, trade dress, and trade names incorporated into the Content you post, or if you are not the owner, that you have express authority and written permission to use, post, and reproduce such marks, trade dress, and trade names in connection with any Content and the Services provided under this Agreement.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, indecent, vulgar, libelous, illegal, unlawful material which is an invasion of privacy or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
F. License. Unless otherwise stated and asides from the aforementioned, Neeq and/or its licensors own the intellectual property rights for all material on neeq.ca. All intellectual property rights are reserved. You may access this from neeq.ca for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from neeq.ca
• Sell, rent or sub-license material from neeq.ca
• Reproduce, duplicate or copy material from neeq.ca
• Redistribute content from neeq.ca
4. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Neeq. You must not engage in fraud, theft, threatening conduct, or any other unlawful acts or crimes against Neeq, another Neeq user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list.
You also agree that you will not export, re-export, or otherwise transfer Neeq’s Products to countries or territories that are the target of comprehensive embargoes or sanctions or parties on the sanctions-related lists referenced above.
You agree not to use the Services: (i) to impersonate or attempt to impersonate Neeq, any other Neeq Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Neeq Parties”: (a) Neeq, (b) Neeq’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Neeq and its subsidiaries, affiliated companies, and joint ventures.
B. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use.
You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material
which does not comply with this Agreement; (ii) to collect or track the personal information of others; (iii) to spam, phish, pharm, pretext, spider, crawl, or scrape (iv) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any Neeq Party or expose any of them to liability. You agree that Neeq reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Neeq.
Neeq reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
C. Follow Brand Guidelines. The name “Neeq”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Neeq in Canada, the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
Except as expressly provided in this Agreement, Neeq does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Neeq that Neeq provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us.
You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site).
Neeq reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
D. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Neeq are considered non-confidential and non-proprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
E. Communication Methods. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
F. Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Neeq. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Neeq’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. Content and Services
B. Optional Tools. We may provide you with access to third-party tools 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
C. Services. Neeq is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee, represent or warrant that:
i. your use of our service will be uninterrupted, timely, secure or error-free – Neeq shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services.
ii. any errors for which Neeq is responsible will be corrected;
iii. the Services will always be free of viruses or other harmful materials; or
iv. the results of using the Services will meet your expectations.
v. 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 use the Services solely at your own risk.
D. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NEEQ NOR ANY OTHER NEEQ PARTY SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY OTHER SPECIFIC CIRCUMSTANCES. THE LIABILITY OF THE NEEQ PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, IN SUCH STATES, PROVINCES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Limited Warranty on Products
A. Limited Warranty. We warrant that, at the time of delivery of a Product to a User, the Product will not be materially defective or damaged (the “Limited Warranty”).
B. Who May Use This Warranty? Neeq extends the Limited Warranty only to Users. All Limited Warranty coverage terminates if the User sells or otherwise transfers a Product.
C. What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
A. What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Neeq acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
B. What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User along with the shipping fees corresponding to the defective or damaged Products.
C. How Do You Obtain Warranty Service? Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy.
D. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY OTHER SPECIFIC CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, IN SUCH STATES, PROVINCES OR JURISDICTIONS, THIS CLAUSE SHALL BE APPLIED TO THE EXTENT PERMITTED BY LAW.
7. Responsibility of Site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Neeq account. Neeq and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services.
Without limiting the foregoing, Neeq and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Neeq or submitted to Neeq, including without limitation information in Neeq collaborations, posts and in all other parts of the Neeq Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
You are responsible for providing Neeq with accurate and truthful information (including but not limited to your name and surname if you are a User). If you have provided Neeq with inaccurate or false information, (a) you shall be liable to Neeq for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Neeq, and (c) Neeq shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
8. Payments and fees
You may choose to save your billing information to use it for all future orders and charges associated with Neeq Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Neeq for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Neeq that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider. If you make any return which does not comply with our return policies (which are described here), you will reimburse Neeq for its losses, which consist of fulfillment costs and chargeback handling fees.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Neeq at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Neeq may use or participate in.
You shall be charged all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Neeq will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with Neeq’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Neeq investigation and sole discretion.
11. Description of products
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes. Neeq reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
Errors, Inaccuracies and Omissions. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
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 website 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 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.
12. Purchase of products
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion. Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All information asked on the checkout page must be filled in precisely and accurately. Neeq will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Neeq.
You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
To the fullest extent permitted by law you release us and all other Neeq Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any Neeq Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Neeq (or for which Neeq provides no guarantees) under this Agreement, or (b) for which Neeq is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold Neeq and the other Neeq Parties harmless from any claim or demand made by any third party, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Neeq Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (e) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
16. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the Province of Alberta, Canada without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
17. ARBITRATION AND JURY TRIAL WAIVER
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty. This includes any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by this agreement. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under the Canadian Arbitration Association Arbitration Rules (“Arbitration Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. The Alberta Arbitration Act applies to this Agreement. The arbitration shall be administered by the CAA and shall be conducted by a sole arbitrator selected in accordance with the Arbitration Rules unless otherwise mutually agreed by the parties. Unless Neeq and you agree otherwise, any arbitration hearings will take place in Calgary, Alberta. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor CAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Neeq acknowledge that CAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Neeq agree to abide by the decision of the CAA as to the applicable rules in cases where a party may assert that the Arbitration Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NEEQ KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND NEEQ WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 17. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND NEEQ KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
You and Neeq shall each bear 50% of all fees and expenses of the CAA and the arbitrator except as otherwise provided by the Arbitration Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the CAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Arbitration Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
18. Privacy and Personal Data Processing
You understand that your content (not including 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.
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.
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).
21. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site 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 Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement. Neeq will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Neeq’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
In our sole discretion, we may assign this Agreement upon notice to you.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Neeq at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services.
If you have any questions about this Agreement, please email us at firstname.lastname@example.org.