Terms and Conditions
This Terms and Conditions Agreement (“Agreement”) is a legally binding act between you (“User”) and Wixez (“we,” “us” or “our”), concerning your access to and use of wixez.com
You agree that by accessing wixez.com, registering an account or using any content, information, services or taking any other action to signify your acceptance of this Agreement, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all mentioned above rules and provisions and do not want to be bound by this Agreement, then you may not use wixez.com and receive services it provides.
Supplemental terms and conditions or documents may be additionally posted on wixez.com from time to time. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We may revise and refresh these Terms and Condition from time to time. We will inform you about the valid edition of this Agreement by changing the “Last updated” date. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates, because your continued use of the wixez.com after any such changes constitutes your acceptance of such changes.
Our company operates in the USA. Those persons who choose to access the Site from other locations (outside the United States) do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Wixez is intended for users who are at least 18 years old.
- User Registration
By using wixez.com, including creating a Personal User Account (“Account”), you represent and warrant that:
· all registration information you submit will be true, accurate, current, and complete;
· you will maintain the accuracy of such information and promptly update such registration information as necessary;
· you have the legal capacity and you agree to comply with these Terms and Conditions;
· you are not under the age of 18;
· you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
· you will not use the Site for any illegal or unauthorized purpose;
· your use of the Site will not violate any applicable law or regulation;
· you will keep your password confidential and will be responsible for all use of your account and password;
· you will notify Wixez immediately of any unauthorized use of your password or any other breach of the security of your Account;
· you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Wixez.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- Order Process
Having an intention to order a product, you should: choose suitable item(s), confirm the quantity of the chosen items in the shopping basket, fill all the required fields concerning delivering address and then pay the order.
If you do not receive a e-mail from Wixez confirming receipt of your order, please contact our Customer Service department at before re-entering your order. Our confirmation of receipt of your order does not constitute our acceptance of your order. Wixez is only deemed to have accepted your order once the product(s) you ordered have been shipped.
Although we strive to accept all valid orders, we reserve the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
All products are subject to availability, but we cannot guarantee that items will be in stock, while you are making an order. We reserve the right to cancel your order and provide you a refund for the amount paid for the Product.
If you are not completely satisfied with the received Product, please feel free to contact us at firstname.lastname@example.org with any questions or concerns and/or refer to our return policy, if you would like to return any Product you bought from us.
To protect the intellectual property rights of Wixez and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. We reserve the right to decline any order that we deem to possess characteristics of reselling.
We use a third-party service provider for fulfilling orders. By ordering any Product on wixez.com, you acknowledge that we do not bear responsibility or liability for any delays that may result from orders handled by such a third-party service provider.
- Payments and Purchases
By processing an order, you may use one of the following forms of payment:
- PayPal account
- Credit Card (Visa, Mastercard or any other issuer accepted by us)
You agree to provide current, complete, and accurate purchase and account information for all purchases made via wixez.com. You also take an obligation to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if needed. Sales tax in the amount of 7% will be added to the price of purchases automatically ONLY for the Florida state buyers. In any other cases, the tax will NOT be added. Customers from other countries are solely responsible for sales taxes in their countries. We may change prices at any time. All payments shall be in U.S. dollars. By providing your payment information, you agree that Wixez is authorized to immediately invoice your Account for all fees and charges due and payable to Wixez here under and that no additional notice or consent is required.
We use a platform of Quickbooks as our payment services provider. By using wixez.com, you hereby consent and authorize Wixez and Quickbooks to share any information and payment instructions you provide to complete your transactions. In case of any changes of your payment information or any billing disputes, please, contact us at email@example.com.
Except as set forth in any separate refund policy posted on wixez.com, all fees are non-refundable.
We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- User Content and Feedbacks
As a User, you are entirely responsible for all content that you make available by using the services provided by the Wixez. We have no obligation to pre-screen any content. However, we reserve the right to pre-screen, refuse, or remove any content that violates this Agreement or is otherwise objectionable to us or any of our Customers.
We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area on the Site.
By posting Your Content, you automatically grant us a right to use and display it for our own business purposes, including but not limited, to operate and improve the services we provide, analyze users’ activity as well as develop new products and services.
As a Feedback we count your submission of any ideas, suggestions, documents or proposals to the Wixez. You are solely responsible for your Feedbacks to the Site and you expressly agree to exonerate us from any and all responsibility regarding your Feedbacks. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Wixez the right to use any Feedback in any way at any time without any additional approval or compensation.
- Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of wixez.com, you agree NOT to:
- retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- infringe and endanger patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
- take any actions or post content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane;
- make any unauthorized use of the Site, including collecting usernames and/or email; addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- use the Site in a manner inconsistent with any applicable laws or regulations.
- Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- Third-party Services: Electronic Communication and Transactions
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You are also given the possibility to receive automated marketing text messages from us about our products and services.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Content (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Limitation of Liability
In no event we or our directors, employees or agents will be liable to you or any third party for any direct, indirect, concequental, exemplary, incidental special or punitive damages, including lost profit , lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
Notwithstanding anything contained herein, our liability to you for any cause whatsever and regardless of the form of the action, will always be limited to:
- The total amount of money actually paid to the Wixez by you during 6 month period prior to the act, omission or occurance giving rise to such liability.
- One hundred dollars ($100).
We do not bear any responsibility for the deletion, misdelivery or failure to store any content, user communications or personalization settings.
10. Force majeure
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms and Conditions shall remain in full force and effect while you use the Site. In our sole discretion and without liability, we reserve the right to deny access and the use of the Site. This provision does not limit any other provision of these Terms and Conditions and does not require prior notice of the User. This provision applies to any person for any reason or for no reason, including but not limited to breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use of participation in the Site or delete your Account and content information that you posted at any time without any notice or warning.
In case we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive.
The Site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
13. General Provisions
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
You agree that any dispute between you and any of the Wixez or Its Parties relating in any way to the Services, the Products, or this Agreement, will be resolved by binding arbitration, rather than in court. By agreeing to arbitration procedure, you and each of the Wixez Parties agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. All claims and disputes subject to arbitration under this arbitration agreement must be arbitrated on an individual basis and not on a class, collective or representative basis. Only individual relief is available for claims subject to arbitration under this arbitration agreement, and claims of one user or person cannot be arbitrated or consolidated with claims of any other user or person.
This agreement and any action related thereto will be governed and interpreted by and under the laws of the state of Florida, consistent with the federal arbitration act, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does NOT apply to this agreement.
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Wixez Group LLC
6480B U.S. Highway 1 North, Suite 11, St.Augustine, FL 32095