Terms of service

OVERVIEW

Welcome to HotSide! The terms "we", "us" and "our" refer to HotSide. HotSide 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"). HotSide is powered by Shopify, which enables us to provide the Services to you.

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.

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

SECTION 1 - ACCESS AND ACCOUNT

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.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

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.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and display settings.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. HotSide reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until HotSide confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as HotSide may be unable to accommodate cancellation requests after an order has been accepted or entered fulfillment. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided with the order.

Your purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, customs, duties, or other charges that may apply.

We may occasionally offer promotions that are governed by additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store.

You represent and warrant that the payment information you provide is true and correct, that you are authorized to use the selected payment method, and that charges incurred will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided by HotSide are estimates and are not guaranteed unless expressly stated otherwise.

Delivery may be affected by shipping carriers, customs processing, weather, address issues, high order volumes, or other circumstances outside our reasonable control.

Additional information regarding fulfillment, shipping, and estimated delivery times can be found in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by HotSide, its affiliates, licensors, or their respective owners and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with appropriate authorization.

Nothing in these Terms grants you a license or other rights to intellectual property belonging to HeatMate, Shopify, or any third party.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services that we do not control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, or conditions of any kind to the extent permitted by applicable law.

Any use of optional third-party tools is at your own discretion, and you should familiarize yourself with the terms provided by the applicable third party.

We may offer new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.

If you choose to access a third-party website through our Services, you do so subject to that third party's applicable terms and policies.

Please review third-party policies and practices before engaging in transactions with them. Questions or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

HotSide is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with HeatMate.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and HotSide, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with HeatMate to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide its services.

Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to operate our store, process payments, fulfill orders, provide customer support, and perform other business functions.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, and promoting the Services, subject to applicable law.

You represent that you own or have the necessary rights to any Feedback you submit and that your Feedback does not violate the rights of another person.

You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information as permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations, infringe upon intellectual property rights, transmit malicious software, engage in fraud or deception, collect personal information unlawfully, interfere with the security or operation of the Services, or engage in conduct that restricts or inhibits another person's lawful use of the Services.

We reserve the right to restrict or terminate access to the Services when we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated or semi-autonomous software agent ("Agent") to access or interact with the Services.

Agents must comply with applicable laws, these Terms, and technical measures implemented to control automated access.

We may limit or restrict whether and how automated systems access or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or restrict your access to the Services when permitted by applicable law, including where these Terms have been violated.

Any provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general informational purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS EXCEPT THOSE THAT CANNOT LAWFULLY BE EXCLUDED.

Some jurisdictions do not allow certain exclusions or limitations of warranties, so portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEATMATE AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless HotSide, Shopify, and their respective affiliates, partners, employees, agents, contractors, licensors, and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law, or infringement of another person's rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law or severed as necessary, without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted through the Services constitute the agreement between you and HeatMate regarding your use of the Services, except where additional terms expressly apply.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may transfer or assign our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed and construed in accordance with applicable law. Any mandatory rights or protections available to consumers under applicable law remain unaffected.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We reserve the right to update or change these Terms by posting an updated version on our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

HotSide
oyolaj257@gmail.com