Terms of service

Overview
Welcome to Max Goodies Limited! "We", "our" and "our" refer to Max Goodies Limited. Max Goodies Limited operates this store and website, including all related information, content, features, tools, products and services, designed to provide you, the Customer, with a carefully crafted shopping experience (hereinafter referred to as the “Service”). Max Goodies Limited is technically supported by Shopify.

The following terms and conditions, and any policies referenced in these Terms of Service (i.e., these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Service.

Please read these Terms of Service, which contains important information about your legal rights, such as a description of aspects such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or Privacy Policy, please do not use or access our Services.

Section 1 - Access and Account Number
By agreeing to these Terms of Service, you are at least the legal age of adulthood in the state or province of your residence, and you agree that we allow any of your minor dependent relatives, to use our Services on devices owned, purchased, or managed by you.
To use the related services, including accessing or browsing our web store or purchasing any products or services provided by us, you may be asked to provide certain information, such as your e-mail address, billing, payment and shipping information You represent and warrant that all information you provide in our store is correct, complete and current and that you have all the necessary rights to provide such information.

You are fully responsible for maintaining the security of your account credentials and all account activities. You may not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products
We have made every effort to accurately present our products and services in our online store, however, please note that the actual colors or product appearance may differ from what you see on your screen due to the different types of devices you use to access the store and the device settings and configurations.
We do not guarantee that the appearance or quality of any product or service you purchase will necessarily meet your expectations or be in exactly the same condition as described or presented by us in our online store.
All product descriptions are subject to change at any time without notice to us and we reserve the right to discontinue offering any product at any time and may limit the quantity of any product we offer for any person, geographic area or jurisdiction, as the case may be.

Section 3 - Orders
When you place an order, you make an offer to purchase. Max Goodies Limited reserves the right to accept or reject your order for any reason at its sole discretion It may not be possible to cancel your order for you If we do not accept, change or cancel your order, we will attempt to notify you via the email address, billing address and/or telephone number you provide when placing your order.
Your purchase transaction is limited to returns or exchanges in accordance with our refund policy [link]. You represent and warrant that you are making the purchase for personal or household use and not for any commercial resale or export purposes.

Section 4 - Prices and Bills
Prices, discounts and promotions are subject to change without notice. The price charged for the product or service is the effective price at the time of your order and the price information is listed in your order confirmation email. Unless otherwise expressly stated, the listed prices do not include taxes, shipping, fees, customs or import charges. The prices we post in our online stores may differ from those offered in physical storefronts or other stores operated by third parties. From time to time, we may offer promotions for services that affect pricing, such promotions are regulated by other terms and conditions independent of these Terms. In the event of any conflict between the Promotion Terms and these Terms, the Promotion Terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchase transactions made in our store. You agree to promptly update your account number and other information, including your email address, credit card number and expiration date, so that we can complete your transaction and contact you if needed. You represent and warrant that (i) the credit card information provided by you is true, correct and complete, (ii) that you have the right to use that credit card to make purchases, (iii) that the fees incurred in the purchase process will be paid by your credit card company, and (iv) that you will pay the costs incurred in the purchase process, including shipping and fees and all applicable taxes, if any, at the prices posted.

Section 5 - Shipping and Distribution
We assume no responsibility for delays in shipping and distribution. All delivery times are estimated times only and we cannot guarantee them. We accept no liability for distribution delays caused by freight carriers, customs processing or events outside our control. When we forward a product to a freight forwarder, ownership of the product and risk of loss pass to you.

Section 6 - Intellectual Property
Our services, including, but not limited to, all trademarks, branding, text, displays, images, graphics, merchandise testimonials, video and audio, and related designs, selections and arrangements are owned by Max Goodies Limited, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for non-commercial personal use only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant you a license or other right to any patent, trademark, copyright or other intellectual property of Max Goodies Limited, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Max Goodies Limited reserves all rights not expressly granted in these Terms. Max Goodies Limited’s name, logo, product and service names, designs and taglines are trademarks of Max Goodies Limited or its affiliates or licensors. You may not use such trademarks without the prior written permission of Max Goodies Limited. Shopify’s name, logo, product and service names, designs, and taglines are trademarks of Shopify. All other names, logos, product and service names, designs and taglines in the Service are trademarks of their respective owners.

Section 7 - Selection of Tools
As part of the Service, you may be provided with access to third-party customer tools over which we do not monitor, control or intervene.
You endorse and agree that we provide access to such tools in an “as is” and “as is” status without warranties, representations or conditions of any kind, without endorsement. We do not assume any liability arising from or related to your use of selected third-party tools. Your use of the Selected Tools available through the Website is entirely at your own risk and discretion, and you shall ensure that you have read and agreed to the terms under which the relevant third-party vendors provide the Tools accordingly.
We may also provide new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Section 8 - Third Party Links
The Services may contain footage and website hyperlinks (including any embedded third-party features) provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third party material or website that you choose to access. If you decide to leave the Service and access these materials or third-party websites, the risk incurred will be at your own risk. We accept no responsibility for any related injury or damage caused by your access to any third party website, or your purchase or use of the products, services, resources or content on any third party website. Please review the policies and practices of third parties carefully and be sure to understand them before making any transactions. Complaints, claims, concerns, or issues regarding third-party products shall be addressed directly to the third party.

Section 9 - Relationship with Shopify
[Note to Merchant: This section is an accurate description of Shopify’s relationship with your store and should not be removed or modified. ]
Max Goodies Limited is technically supported by Shopify so that we can serve you. However, any sales and purchase transactions you make in our store are done directly with Max Goodies Limited. By using the Service, you endorse and agree that Shopify is not responsible for any matter of any sale made between you and Max Goodies Limited, including any injury, damage or loss caused by purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and indebtedness arising out of or related to purchases and transactions between you and Max Goodies Limited.

Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy (please view our Privacy Policy here [link]), and certain Personal Information may be subject to Shopify’s Privacy Policy (please view Shopify’s Privacy Policy here ). By using the Service, you have read these Privacy Policies in detail. As the Services are managed by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. The information you submit to the Service will be transmitted to and shared with Shopify, and third parties that may be located in countries other than your location, in order to provide you with the Service. Please review our Privacy Policy [link] to learn more about how we, Shopify, and our partners use your personal information.

Section 11 - Feedback
If you submit, upload, post, transmit or otherwise transmit any ideas, suggestions, feedback, comments, proposals, programs, or other content (collectively, "Feedback"), you grant us a sublicensable royalty-free license worldwide, in perpetuity, to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose (including commercial use). For example, we may exercise our rights hereunder to operate, provide, evaluate, enhance, improve and promote the Services and to perform and exercise our obligations and rights under these Terms of Service. You also represent and warrant that: (i) you own or have all the rights necessary to submit all Feedback, (ii) you have made public any remuneration or incentives you receive for submitting Feedback, and (iii) that your Feedback will comply with these Terms. We are not under any obligation to: (1) keep any Feedback confidential, (2) pay remuneration for any Feedback, or (3) reply to any Feedback. We may (but are not obligated) monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, defamatory, pornographic, obscene, or otherwise offensive, or that violates the intellectual property rights of either party or these Terms of Service.
You agree that your Feedback does not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, humiliating or obscene content or any computer viruses or other malware that may in any way affect the operation of the Service or any related website. You may not use false email addresses, impersonate the identity of others, or otherwise misrepresent any sources of feedback to us or to third parties. You are solely responsible for any feedback you submit and its accuracy. We are not responsible and shall not be liable for any feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions
The information in our website or service may occasionally contain typographical errors, inaccuracies or omissions, which may be related to product descriptions, pricing, promotions, offers, product shipping, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions and, if any information in the Service or any related website is inaccurate, to change or update information or to cancel an order at any time without prior (including after you have submitted an order) notice.

Section 13 - Prohibited Uses
You may only access and use the Services for lawful purposes. You shall not access or use the Services, directly or indirectly, for (a) unlawful or malicious purposes, (b) in violation of any international, federal, provincial or state regulation, bylaw, law or local ordinance, (c) in violation or violation of our intellectual property rights or the intellectual property rights of others; (d) harass, humiliate, defile, injure, defame, libel, disparage, intimidate or harm any of our employees or any other person;(e) transmit false or misleading information;(f) transmit, informedly receive, upload, download, use or reuse any material that does not comply with these Terms; impersonate or attempt to impersonate any other individual or entity, or (i) engage in any other conduct that restricts or prohibits any person from using or enjoying the Services or, as determined by us, could impair or expose Max Goodies Limited, Shopify or users of the Services to liability. In addition, you agree not to engage in: (a) uploading or transmitting viruses or any other type of malicious code, any use of which will or may affect the functionality or operation of the Service, (b) reproducing, copying, copying, selling, reselling or exploiting any part of the Service (c) collecting or tracking the personal information of others; Interfere with or circumvent the security features of the Services or any related websites, other websites or the Internet if we determine that you have violated any provision of these Terms, we reserve the right to suspend, disable or terminate your account at any time without notice.

Section 14 - Termination
We may, without notice, terminate this Agreement or your access to the Service (or any part of the Service) at any time on our own initiative, and you shall remain responsible for payment of all amounts due up to the date of termination (including the day of the termination date).
The following terms continue to apply after any termination has occurred: Intellectual Property, Feedback, Termination, Disclaimer, Limitations of Liability, Indemnity, Severability, Waiver; Full Agreement, Assignment, Governing Law, Privacy Policy, and any other terms that, by their nature, should continue to apply after such termination occurs.

Section 15 - Disclaimer
Information provided in or through the Service is for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Your reliance on such information is at your own risk. We disclaim all liabilities and obligations arising from any reliance on such material as a result of any reliance on such footage as a result of you or any other visitor to the Service, or any person who may be informed of any content therein. Except as expressly provided by Max Goodies Limited, the Services and all products offered through the Services are provided to you in an “as is” and “as is” condition without any representations, warranties or conditions, express or implied, including all implied warranties or conditions regarding merchantability, merchantability quality, applicability for a particular purpose, durability, ownership and non-infringement. We do not warrant, represent or warrant that your use of the Service will be uninterrupted, available in a timely manner, safe or error-free. Certain jurisdictions restrict or disallow the issuance of disclaimers against implied or other guarantees, and therefore the above disclaimers may not apply to you.

Section 16 - Limitation of Liability
To the fullest extent permitted by law, in no event shall Max Goodies Limited, our partners, directors, competent officers, employees, affiliate associates, agents, contractors, service providers or licensors be liable for injury, loss, claim or any form of direct, indirect, incidental, punitive, special or derivative damages, including without limitation, loss of profits, loss of revenue, loss of savings, loss of savings, or any loss of data in exchange for contractual encroachment, any loss of similar contractual damages (including negligence), Strictly indemnified liability or otherwise any other claim arising out of, or in any connection with your use of, any part of the Service or any product purchased through the Service, including, without limitation, any error or omission in any of the Content, or any form of loss or damage resulting from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if notified thereof.

Section 17 - Compensation
You agree to indemnify Max Goodies Limited, Shopify and our affiliate partners, partners, supervisors, directors, employees, agents, contractors, licensors, from harming Max Goodies Limited, Shopify and our affiliates, partners, supervisors, directors, employees, agents, contractors, licensors, from and against any claims or demands (including reasonable attorneys’ fees) made by any third party arising out of or in connection with any law or violation of the rights of a third party as a result of your (1) breach of these Terms of Service or the documents cited thereof. We will send you notice of any indemnity claim, and unless it materially affects you, failure to give timely notice will not relieve you of your indemnity obligations.

Section 18 - Severability
If any provision of these Terms of Service is determined to be illegal, invalid or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be separate from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining terms.

Section 19 - Waiver; Complete Agreement
Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, and any policies or operating rules we post on this Site or in connection with the Service, constitute the entire agreement and understanding between you and us and have the effect of overriding any agreements, communications and proposals, oral or written, reached between you and us previously or contemporaneously (including, without limitation, any prior version of these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed as adverse to the proposed party.

Section 20 - Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be deemed void and we may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 - Gearing Act
These Terms of Service and any individual agreements under which we provide the Services shall be governed by and construed in accordance with the federal, state, or local courts of the jurisdiction in which Max Goodies Limited is located. You and Max Goodies Limited agree to the territorial and personal jurisdiction of such courts.

Section 22 - Title
The headings used in this Agreement are provided for ease of reading only and do not limit or otherwise affect these Terms.

Section 23 - Changes in Terms of Service
You may review the latest version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for any changes to the Terms of Service. We will notify you of material changes to these Terms in accordance with applicable law and such changes will be effective on the date specified in the notice. If you continue to use or access our website or services after we have posted any changes to these Terms of Service, you will indicate your acceptance of those changes.

Section 24 - Contact Information
Questions relating to these Terms of Service should be sent to us at the following email address: support@maxgoodies.com.
Our contact information is as follows:
Max Goodies Limited
support@maxgoodies.com