Terms of service
HYDRA TERMS OF SERVICE
Last updated: [DATE]
OVERVIEW
Welcome to HYDRA. The terms "we", "us" and "our" refer to HYDRA.
HYDRA operates this website and online store, including all related information, content, features, tools, products and services made available through the website (collectively, the "Services"). HYDRA is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully before using our website or purchasing our products. By accessing, browsing 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 our Privacy Policy, please do not use or access the Services.
These Terms do not exclude, restrict or modify any rights or remedies you may have under applicable consumer protection laws. Where a provision of these Terms conflicts with a mandatory legal right, the mandatory legal right will apply.
SECTION 1 — ACCESS AND ACCOUNT
By using the Services or purchasing products from HYDRA, you represent that you are legally capable of entering into a binding agreement under the laws applicable to you.
If you are under the applicable age required to purchase or use our products, you must not purchase or use them without any consent required by applicable law.
To use certain features of the Services or place an order, you may be required to provide information such as your name, email address, billing information, payment information and shipping address.
You agree that the information you provide is accurate, current and complete and that you have the right to provide that information.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You must notify us if you believe your account has been accessed without your authorization.
You may not sell, transfer or assign your HYDRA account to another person without our written consent.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, flavours, ingredients, nutritional information and other product information displayed on our website are accurate.
Product colours and appearance may vary depending on your device, screen and settings.
We may update product descriptions, packaging, ingredients, formulations, availability or other product information from time to time. Where changes are material and affect an order you have already placed, we will take reasonable steps to notify you where required by law.
HYDRA reserves the right to discontinue products or limit quantities where reasonably necessary, subject to any rights you may have under applicable law.
Caffeine Products
HYDRA products contain caffeine. Customers should read the product packaging and website information carefully before purchasing or consuming our products.
You should follow the directions for use and recommended serving information provided with the product.
If you are sensitive to caffeine, have a medical condition, are taking medication, are pregnant or breastfeeding, or otherwise have concerns about consuming caffeine, you should seek appropriate professional advice before using the product.
Do not exceed the recommended serving stated on the product packaging.
HYDRA products are not intended to diagnose, treat, cure or prevent any disease or medical condition.
SECTION 3 — ORDERS
When you place an order through our website, you are making an offer to purchase the products in your order.
After you submit your order, we will provide an order confirmation acknowledging that we have received your order.
An order may be cancelled by us where reasonably necessary, including where a product is unavailable, a pricing or listing error has occurred, we reasonably suspect fraud or unauthorized activity, or we are unable to fulfil the order.
If we cancel an order after payment has been made, we will refund the amount paid for the cancelled products, subject to applicable law.
We may contact you using the information provided with your order if we need additional information or need to notify you about an issue with your order.
Your purchases are subject to our Returns & Refunds Policy and, where applicable, our Purchase Options & Cancellation Policy.
Unless otherwise agreed or permitted by law, products purchased from HYDRA are intended for personal use and not for unauthorized resale.
SECTION 4 — PRICES AND BILLING
Prices displayed on our website are in the currency shown at checkout unless otherwise stated.
Prices, discounts and promotions may change from time to time. The price applicable to your order will generally be the price displayed when you place the order, subject to correction of obvious errors and any applicable legal requirements.
Where applicable, taxes, duties, customs charges and shipping charges will be displayed at checkout or otherwise disclosed before you complete your purchase.
International customers may be responsible for customs duties, import taxes or other charges imposed by the destination country where these are not collected at checkout.
You agree to provide accurate and current billing, payment and contact information.
By providing payment information, you represent that you are authorized to use the payment method provided.
If a payment cannot be processed, we may contact you to arrange an alternative payment method or cancel the affected order where permitted by law.
SECTION 5 — SHIPPING AND DELIVERY
We will provide available shipping options and estimated delivery timeframes during the checkout process.
Delivery times are estimates and may be affected by factors outside our reasonable control, including carrier delays, customs processing, weather, supply chain disruptions and other unforeseen events.
We will not be responsible for delays to the extent caused by events outside our reasonable control, subject to any rights you may have under applicable consumer law.
Where required by applicable law, we remain responsible for providing an appropriate remedy where products are not delivered within the applicable timeframe.
For international orders, customers may be responsible for customs duties, import taxes, clearance charges or other destination-country charges where applicable.
Risk in products will transfer in accordance with applicable law and the terms applicable to the relevant delivery method.
SECTION 6 — INTELLECTUAL PROPERTY
The Services and their contents, including trademarks, logos, product names, designs, text, graphics, photographs, videos, audio, software and other materials, are owned by HYDRA or our licensors and are protected by applicable intellectual property laws.
You may access and use the Services for personal, non-commercial purposes.
You must not reproduce, modify, distribute, publicly display, commercially exploit or create derivative works from our content without our prior written permission, except where permitted by applicable law.
HYDRA's names, logos, product names, designs and slogans are trademarks or other intellectual property belonging to HYDRA or its licensors.
Nothing in these Terms grants you a licence to use HYDRA's intellectual property except as expressly stated.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools, applications or services as part of the Services.
These tools may be provided by third parties and may be subject to additional terms imposed by those providers.
We do not necessarily control or monitor third-party tools and are not responsible for their operation to the extent permitted by law.
Your use of third-party tools may be subject to the terms and privacy policies of the relevant third-party provider.
We may introduce additional features or tools in the future, which may also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
These links are provided for convenience and do not necessarily mean that HYDRA endorses or is affiliated with those third parties.
We are not responsible for the content, availability, privacy practices, security or accuracy of third-party websites.
Your use of third-party websites is subject to the terms and policies of those third parties.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
HYDRA is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our online store are transactions between you and HYDRA.
Shopify is not responsible for the products we sell or for the fulfilment of orders placed with HYDRA.
The following provision is included in accordance with Shopify's recommended terms:
HYDRA 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 HYDRA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and HYDRA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HYDRA.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Our Privacy Policy explains what information we collect, how we use it, how we disclose it and how you can exercise applicable privacy rights.
Because our website is hosted and powered by Shopify, Shopify may collect and process information relating to your use of the Services in accordance with Shopify's applicable policies.
Please review our Privacy Policy for further information.
Privacy Policy: [INSERT PRIVACY POLICY LINK]
SECTION 11 — CUSTOMER FEEDBACK
If you submit reviews, comments, photographs, suggestions, ideas or other content to HYDRA ("Feedback"), you grant HYDRA a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting our business and Services.
You represent that you have the rights necessary to provide the Feedback and that your Feedback does not unlawfully infringe the rights of another person.
You should not submit confidential information or personal information belonging to another person without appropriate authorization.
We may remove or decline to publish Feedback that we reasonably believe is unlawful, misleading, defamatory, abusive, obscene, fraudulent, infringes intellectual property rights or otherwise violates these Terms.
We are not obligated to publish or respond to Feedback.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, availability or other information.
We may correct such errors or update information when identified.
If an error materially affects an order you have already placed, we will take reasonable steps to notify you and, where required by law, provide you with the appropriate options.
Nothing in this section limits any rights you have under applicable consumer protection laws.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- For any unlawful or fraudulent purpose
- To violate applicable laws or regulations
- To infringe our intellectual property rights or those of another person
- To transmit malicious code, viruses or other harmful material
- To impersonate another person or entity
- To provide false or misleading information
- To interfere with the operation or security of the Services
- To attempt to gain unauthorized access to our systems or accounts
- To collect or misuse another person's personal information
- To spam, phish or engage in other fraudulent activity
- To interfere with security or authorization features of the Services
- To use automated systems to access the Services in a manner that violates applicable technical restrictions or our instructions
We may restrict or suspend access to the Services where we reasonably believe that a user has violated these Terms or applicable law.
Nothing in this section limits any rights you may have under applicable law.
SECTION 14 — AGENTS
This section applies where software or other automated systems ("Agents") access or interact with the Services on behalf of a person or organization.
Agents must identify themselves appropriately where technically required and must not misrepresent themselves as human users.
Agents must not circumvent security measures, access restrictions, CAPTCHAs or other technical controls designed to restrict or manage automated access.
We may limit or block automated access to the Services where reasonably necessary to protect the Services, our customers or our systems.
SECTION 15 — TERMINATION
We may suspend or terminate your access to the Services where we reasonably believe that you have materially breached these Terms, violated applicable law, engaged in fraudulent activity or otherwise misused the Services.
Termination will not affect rights or obligations that arose before termination.
Provisions that by their nature should continue after termination, including intellectual property, privacy, limitation of liability, indemnification and dispute-related provisions, will continue to apply to the extent permitted by law.
SECTION 16 — DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Services are provided on an "as available" basis.
We do not guarantee that the Services will always be uninterrupted, secure, error-free or available at all times.
We make reasonable efforts to ensure that information provided through the Services is accurate and current, but we do not guarantee that all information will always be complete or error-free.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.
For Australian customers:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This wording reflects the mandatory Australian consumer guarantee wording identified by the ACCC.
SECTION 17 — LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, HYDRA and its officers, employees, contractors, affiliates and service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the Services.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot legally be excluded or limited.
Nothing in these Terms limits your statutory consumer rights or remedies.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify HYDRA and its officers, employees, contractors and service providers against reasonable losses, liabilities and claims arising directly from your material breach of these Terms, your unlawful use of the Services or your infringement of another person's rights.
This obligation does not apply to the extent that the loss was caused by HYDRA's own unlawful conduct, negligence or breach of applicable law.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with the policies and documents expressly incorporated into them, constitute the agreement between you and HYDRA concerning your use of the Services and supersede previous versions of these Terms relating to the same subject matter.
SECTION 21 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.
HYDRA may transfer or assign its rights and obligations in connection with a sale, restructuring or transfer of the business, provided that doing so does not unlawfully affect your rights.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws of [STATE/TERRITORY AND COUNTRY WHERE HYDRA IS HEADQUARTERED], except to the extent that mandatory consumer protection laws of another jurisdiction apply to your purchase.
You and HYDRA submit to the courts having appropriate jurisdiction under applicable law.
Do not leave this as "federal and state or territorial courts" like Shopify's template. Put your actual headquarters jurisdiction here.
SECTION 23 — HEADINGS
The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time.
The most current version will be posted on this page with the updated date.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
HYDRA
Email: info@hydracaffeine.com
Website: https://hydracaffeine.com/