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Terms of Service

OVERVIEW

This website is operated by NEEDY. Throughout the site, the terms “we”, “us” and “our” refer to NEEDY. NEEDY offers this website, 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 here.


By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.


Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS


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, 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.
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 must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.
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.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written
permission by us.


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


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate,
complete or current. 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 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.
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.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)


Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.


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. 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 to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.


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.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


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.


You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your 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.


For more detail, please review our Returns Policy.


SECTION 7 - 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.


SECTION 8 - THIRD-PARTY LINKS


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 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. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), 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 (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.


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 Terms of Service.


You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further 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
or any related website. 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. 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.


SECTION 10 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.


SECTION 11 - 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 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.


SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, 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
websites, 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


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.
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.


In no case shall NEEDY, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors 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 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless NEEDY and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, 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 Terms of Service or the
documents they incorporate by reference, or your violation of any law or the
rights of a third-party.


SECTION 15 - SEVERABILITY


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.


SECTION 16 - TERMINATION


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).


SECTION 17 - ENTIRE AGREEMENT


The failure of 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 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.


SECTION 18 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
204/51 Sandown Rd Ascot Vale, Melbourne, VIC, 3032, Australia.


SECTION 19 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at
this page.


We reserve the right, at our sole discretion, to update, change or replace any part
of these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at
contact@needythelabel.com.