Effective Date: 2023.12.04
This Terms of Service (hereinafter the “Agreement”) is an agreement between you (hereinafter “you” or “user”) and Artrix Innovations Inc., and its affiliates (collectively, “Artrix”, “we”, “us” and “our”) . The Agreement is applicable to all the users or browsers accessing Artrix’s websites or applications that reference or link to this Agreement.
Before creating an account on Artrix’s websites or applications or using Artrix’s services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of Artrix from liabilities or restrictions to its liabilities, and your rights and obligations. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. ACCEPTANCE OF TERMS
Cannabis products are highly addictive substances. Our products, including cannabis vaporizers, do not treat, diagnose, or cure any disease, physical ailment, or condition. No vaporization product should be considered 100% safe. If you are allergic to certain cannabis products or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart-condition, diabetes, high blood pressure or asthma, taking medication or have a medical condition, consult your physician before using any cannabis products as well as our vaporizers.
It is your responsibility to check and understand the local laws in your jurisdiction to determine whether it is legal for you to purchase and use our products or access our Website. Artrix does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under the applicable laws where you reside or where you use the Website. We reserve the right to restrict access to this website, cancel your order and/or delete your account for any potential violation of applicable laws.
By accessing and using our website, you agree to be bound by these Terms of Services, as well as all applicable laws and regulations. If you do not agree to these Terms of Services, you may not use our website. It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Bonus Point Policy , Coupon Policy , Return Policy and Gift Card Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.
2. USE OF OUR SERVICES
Our website is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Subject to the terms and conditions of this Agreement, Artrix hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You must be over 21 years of age and of the legal age in your jurisdiction to access this website or buy any Artrix products on this website. Any use of an account on our website by anyone under such legal minimum age is strictly prohibited and in violation of these Terms of Service.
3. USER ACCOUNT, ACCURACY & SECURITY
In order to access some features or services available on the Services, you will have to create an Artrix user account ( “User Account” ), including setting up a password. You may not use another person’s account or password. You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Website or Application’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
Our website grants you a limited license to access and make personal use of our website. This license does not include any forms of commercial use of our website or its contents, any collection and use of any products, any collection and use of any product listing descriptions or prices, any derivative use of our website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools. You may not use our website for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction. This website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any interest without the express written consent of this website.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
- use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of Artrix, or the rights of any third-party;
- engage in any conduct that restricts or inhibits anyone else’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- use the Services in any manner that could disable, overburden, damage, or impair the Website or Application or any other party’s use of the Services;
- use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
- use the Services to distribute unsolicited promotional or commercial content, or to solicit other persons using the Services for commercial purposes;
- otherwise attempt to interfere with the proper working of the Service.
4. PURCHASES & PAYMENTS
If you purchase a product through Artrix’s websites or applications, you will be required to provide your billing and shipping information as well as information regarding your credit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through Artrix’s websites or applications, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
Whilst all efforts are made to ensure accuracy of product descriptions, specifications and pricing there may be occasions where errors arise. For example, the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate representation of the color of the product you selected to purchase. In the event of a mistake you will be contacted with a full explanation and a corrected offer.
Prices for products on our website are subject to change without notice. We reserve the right to modify or discontinue any product at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any product.
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 acomplete your transactions and contact you as needed.
5. PRIVACY POLICY
We respect your privacy and are committed to protecting your personal information. We have a detailed Privacy Policy that outlines how we collect, use, and disclose your personal information. By using our website, you consent to the collection, use, and disclosure of your personal information as outlined in our Privacy Policy.
6. THIRD-PARTY SELLERS
Artrix does not own any of the products that are listed by Third-Party Sellers, all such products are purchased from and sold directly by such Third-Party Sellers. Artrix is not a party to any transaction for products listed by Third-Party Sellers, and accordingly, any contract for the purchase of products listed by Third-Party Sellers through the Services is entered into directly between the applicable purchaser and such Third-Party Seller. While Artrix may facilitate these transactions through the Services (including by acting as limited payments agent on behalf of Third-Party Sellers to process payments on such sellers’ behalf), we have no control over and do not guarantee the existence, quality, timing, condition, safety or legality of products offered for sale by Third-Party Sellers through the Services; the truth or accuracy of listings for products sold by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction. Artrix is not an auctioneer, seller, or carrier of any items that are listed for sale by Third-Party Sellers.
7. SHIPPING & DELIVERY
We will make every effort to ensure that your order is processed and shipped promptly. Shipping times and delivery dates are estimates only and are not guaranteed. We are not responsible for any delays caused by events beyond our control. In the case of major holidays such as Christmas and the New Year, please allow extra delivery time. During those special occasions we will provide notices to reflect possible delays.
You are responsible for providing complete and accurate shipping addresses. Our website cannot make changes to your shipping address once a package has been shipped, and our website is not liable for packages lost due to incomplete or inaccurate addresses.
All orders reported as “delivered” by shipping companies are considered delivered. Our website cannot be made liable of non-delivery in this case.
8. RETURNS & REFUNDS
If you are not satisfied with a product you purchased on our website, you may return it for a refund within the time frame specified on our website. The return address should be the same as the original delivery place. Refunds will be issued in the original form of payment. Shipping costs are non-refundable.
You must first contact us and be in receipt of a Return Merchandise Authorisation (RMA) number before sending any item back. We strongly recommend that you use a standard postal service to return the item to avoid customs fees. Our website will not be held responsible for items lost or damaged in transit.
Any product returned found not to be defective can be refunded within the time stated above. Products found to be tampered with by the customer will not be refunded but returned at the customer’s own expense.
9. INTELLECTUAL PROPERTY
Content. All content on our website, including but not limited to trademark, text, graphics, logos, images, and software, is the property of Artrix and is protected by applicable copyright and other intellectual property laws. You may not use our content without our express written permission.
Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Website or Application, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to the Company on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to Artrix (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. You shall 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 Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
10. THIRD PARTY LINKS AND RESOURCES
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Website and Application to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile application platforms with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
11. PROHIBITED CONDUCT
We impose certain restrictions on your use of Artrix’s Services. Any violation of this Section may subject you to civil and/or criminal liability.
You shall not use Artrix’s Services in any way that causes, or may cause, damage to Artrix’s Services or impairment of the availability or accessibility of Artrix’s Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You shall not use Artrix’s Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Artrix’s Services without our express written consent.
You shall not engage in any of the following conduct on Artrix’s Services, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with Artrix’s Services; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of Artrix’s Services, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of Artrix’s Services by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, Artrix’s Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on Artrix’s Services.
You shall not use Artrix’s Services to transmit or send unsolicited commercial communications.
You shall not use Artrix’s Services for any purposes related to marketing without our express written consent.
12. TERMINATION
Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Artrix’s Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.
13. DISCLAIMERS OF WARRANTY
The disclaimers and exclusions under these Terms of Services will not apply to the extent prohibited by applicable law regarding the exclusion and limitations of certain implied warranties.
Artrix products and services, and this website, are provided on an “as is” and “as available” basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, Artrix expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of this website or Artrix products or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Artrix or through any Artrix Product or service will create any warranty not expressly stated herein.
Artrix does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Artrix will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at support@artrix.store.
15. CONTACT US
If you have any questions about our Terms of Service, please contact us at support@artrix.store
