Terms of service

<h1>Terms of Service</h1>

<h2>Overview</h2>
<p>Welcome to PoGadgets! The terms "we", "us" and "our" refer to PoGadgets. PoGadgets operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). PoGadgets is powered by Shopify, which enables us to provide the Services to you.</p>
<p>The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.</p>
<p>By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our <a href="[LINK]">Privacy Policy</a>. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.</p>

<h2>Section 1 - Access and Account</h2>
<p>By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.</p>
<p>To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete.</p>
<p>You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.</p>

<h2>Section 2 - Our Products</h2>
<p>We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ based on your device settings.</p>
<p>We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice.</p>

<h2>Section 3 - Orders</h2>
<p>When you place an order, you are making an offer to purchase. PoGadgets reserves the right to accept or decline your order for any reason. Your purchases are subject to return or exchange solely in accordance with our <a href="[LINK]">Refund Policy</a>.</p>
<p>You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.</p>

<h2>Section 4 - Prices and Billing</h2>
<p>Prices, discounts and promotions are subject to change without notice. Posted prices do not include taxes, shipping, handling, customs or import charges unless expressly stated.</p>
<p>You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.</p>

<h2>Section 5 - Shipping and Delivery</h2>
<p>We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.</p>

<h2>Section 6 - Intellectual Property</h2>
<p>Our Services, including all trademarks, text, images, and graphics, are owned by PoGadgets and are protected by intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only.</p>

<h2>Section 7 - Optional Tools</h2>
<p>You may be provided with access to customer tools offered by third parties. We provide access to such tools "as is" and "as available" without any warranties, and we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.</p>

<h2>Section 8 - Third-Party Links</h2>
<p>We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. You access third-party websites at your own risk.</p>

<h2>Section 9 - Relationship with Shopify</h2>
<p>PoGadgets is powered by Shopify. Any sales and purchases you make in our Store are made directly with PoGadgets. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases.</p>

<h2>Section 10 - Privacy Policy</h2>
<p>All personal information we collect through the Services is subject to our <a href="[LINK]">Privacy Policy</a>, and certain personal information may be subject to <a href="https://www.shopify.com/legal/privacy/app-users">Shopify's Privacy Policy</a>.</p>

<h2>Section 11 - Feedback</h2>
<p>If you submit feedback, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and publish such Feedback in any medium for any purpose.</p>

<h2>Section 12 - Errors, Inaccuracies and Omissions</h2>
<p>We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.</p>

<h2>Section 13 - Prohibited Uses</h2>
<p>You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, violate intellectual property rights, or harass/harm others. We reserve the right to suspend or terminate your account if you violate these Terms.</p>

<h2>Section 14 - Agents</h2>
<p>This section applies if you use or allow any software or service (Agent) to access the Services. Agents must identify themselves as such and operate in accordance with these requirements.</p>

<h2>Section 15 - Termination</h2>
<p>We may terminate this agreement or your access to the Services at our sole discretion at any time without notice.</p>

<h2>Section 16 - Disclaimer of Warranties</h2>
<p>The Services and all products offered are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied.</p>

<h2>Section 17 - Limitation of Liability</h2>
<p>To the fullest extent provided by law, PoGadgets shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages arising from your use of any of the Services or any products procured.</p>

<h2>Section 18 - Indemnification</h2>
<p>You agree to indemnify and hold harmless PoGadgets, Shopify, and our affiliates from any losses, damages, or claims arising out of your breach of these Terms of Service or your violation of any law.</p>

<h2>Section 19 - Severability</h2>
<p>If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed.</p>

<h2>Section 20 - Waiver; Entire Agreement</h2>
<p>These Terms of Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.</p>

<h2>Section 21 - Assignment</h2>
<p>You may not assign this Agreement without our prior written consent. We may transfer or assign these Terms without notice to you.</p>

<h2>Section 22 - Governing Law</h2>
<p>These Terms of Service shall be governed by and construed in accordance with the laws in the jurisdiction where PoGadgets is headquartered.</p>

<h2>Section 23 - Headings</h2>
<p>The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.</p>

<h2>Section 24 - Changes to Terms of Service</h2>
<p>You can review the most current version of the Terms of Service at any time on this page. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.</p>

<h2>Section 25 - Contact Information</h2>
<p>Questions about the Terms of Service should be sent to us at info@pogadgets.com.</p>
<p><strong>PoGadgets</strong><br>
Email: info@pogadgets.com</p>