Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Daxly. The terms “we,” “us,” and “our” refer to Daxly. Daxly 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.
Daxly is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our website or purchase from our store.
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 website, 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 website.
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, or that you have given us your consent to allow any of your minor dependents to use this website.
To use certain features of the website, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the security of your account information and for all activity that occurs under your account.
SECTION 2 - OUR PRODUCTS
We make every effort to display our products and product information as accurately as possible. However, colors, size, appearance, and product details may vary slightly depending on your device, screen settings, supplier updates, or product availability.
We do not guarantee that the appearance or quality of any products purchased will exactly match your expectations or the images displayed on our website.
Product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to modify, discontinue, or limit the availability of any product at our discretion.
SECTION 3 - ORDERS
When you place an order through Daxly, you are making an offer to purchase the selected products. We reserve the right to accept, decline, cancel, or modify any order for any reason.
Your order is not accepted until your payment has been processed and your order has been confirmed.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has been accepted or processed.
If we make a change to or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.
Purchases are subject to our Refund Policy.
You agree that products purchased from Daxly are for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will be the price shown at the time the order is placed, as reflected in your order confirmation. Unless otherwise stated, prices may not include taxes, shipping, handling, customs, duties, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through Daxly.
You represent and warrant that you are authorized to use the payment method provided and that all payment information is true, correct, and complete.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, high order volume, incorrect shipping information, or events outside of our control.
Once an order is transferred to the shipping carrier, delivery becomes the responsibility of the carrier. Please review our Shipping Policy for more information.
SECTION 6 - INTELLECTUAL PROPERTY
The website and its content, including but not limited to text, images, graphics, logos, product reviews, videos, audio, design, layout, and other materials, are owned by Daxly, its affiliates, suppliers, licensors, or other content providers and are protected by applicable intellectual property laws.
You may use the website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publish, display, transmit, or otherwise use any content from the website without our prior written consent.
Daxly’s name, branding, logos, product names, designs, and slogans may not be used without prior written permission from Daxly.
Shopify’s name, logo, product names, and service names are trademarks of Shopify. All other names, logos, product names, and service names are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to tools, apps, features, or services offered by third parties, including customer support tools, chat tools, payment providers, shipping services, or other third-party integrations.
We do not control these third-party tools and provide access to them “as is” and “as available” without warranties or guarantees.
Your use of third-party tools is at your own risk and may be subject to the terms and policies of those third parties.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to third-party websites, services, or materials. We are not responsible for the content, accuracy, policies, or practices of any third-party websites.
If you choose to access third-party links, you do so at your own risk. Please review the policies of any third-party website before engaging in any transaction or sharing personal information.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Daxly is powered by Shopify, which enables us to provide our online store and related services.
However, any sales and purchases made through our store are made directly with Daxly. By using our website, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Daxly, including any injury, damage, loss, claim, or issue related to products or transactions with Daxly.
You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Daxly.
SECTION 10 - PRIVACY POLICY
Personal information collected through our website is subject to our Privacy Policy.
Because our store is powered by Shopify, Shopify may also collect and process personal information related to your use of our website and checkout. Information you submit may be shared with Shopify and other third-party service providers as necessary to operate our store, process payments, fulfill orders, and provide services to you.
Please review our Privacy Policy for more information about how personal information is collected, used, and shared.
SECTION 11 - FEEDBACK, REVIEWS, AND SUBMISSIONS
If you submit, upload, post, email, or otherwise provide product reviews, suggestions, feedback, ideas, photos, comments, or other content, you grant Daxly a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that content for purposes related to operating, improving, and promoting our store.
You represent that you own or have the necessary rights to any content you submit and that your content does not violate the rights of any third party.
We may, but are not obligated to, monitor, edit, remove, or refuse content that we determine to be unlawful, offensive, misleading, harmful, or otherwise inappropriate.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions related 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 or cancel orders if any information is inaccurate, at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may use our website only for lawful purposes.
You agree not to use the website:
For any unlawful purpose;
To violate any federal, provincial, state, local, or international law;
To infringe upon or violate our intellectual property rights or the rights of others;
To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
To submit false or misleading information;
To upload or transmit viruses, malware, or harmful code;
To collect or track the personal information of others;
To spam, phish, scrape, crawl, or use automated tools to access the website;
To interfere with or bypass security features of the website;
To impersonate another person or entity;
Or to engage in conduct that harms Daxly, Shopify, our customers, or the operation of the website.
We reserve the right to suspend, disable, or terminate access to our website if we determine that these Terms have been violated.
SECTION 14 - TERMINATION
We may terminate or suspend your access to the website or services at any time, without notice, if we believe you have violated these Terms of Service or applicable law.
You remain responsible for any amounts due up to and including the date of termination.
The sections of these Terms that by their nature should survive termination will continue to apply after termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
Our website and products are provided on an “as is” and “as available” basis unless otherwise expressly stated by Daxly.
We do not guarantee that your use of the website will be uninterrupted, timely, secure, or error-free.
To the fullest extent permitted by law, Daxly disclaims all warranties, representations, or conditions of any kind, whether express or implied, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow certain warranty limitations, so some of the above limitations may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Daxly, its partners, affiliates, service providers, contractors, suppliers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of the website, products purchased through the website, or any content made available through the website.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Daxly, Shopify, and our affiliates, partners, employees, contractors, service providers, suppliers, and licensors from any claims, damages, losses, liabilities, costs, or expenses arising from:
Your breach of these Terms of Service;
Your violation of any law;
Your violation of the rights of a third party;
Or your use of the website or services.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these Terms.
The remaining provisions will continue to be valid and enforceable.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies posted on our website constitute the entire agreement between you and Daxly regarding your use of the website and services.
SECTION 20 - ASSIGNMENT
You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent where permitted by law.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Daxly
Customer Support: support@daxly.ca
Business Inquiries: daxly.business@daxly.ca