Terms of Use

 GENERAL

ONDUFIT has the right over the operation, control, and management of this website as well as the tools to enhance our customer experience in it. We discard the responsibility of users for visiting third party companies and links sites in our website. Please, visit their Privacy Policy and Terms and Conditions. ONDUFIT is referred as “we”, “us”, and “our” when using our website and services. By using our services or any service under our company name, customers accept to be bound by the following Terms and Conditions (“Terms of Use”) and policies. Therefore, we encourage you to read our Terms and Conditions carefully before using our services. However, if you do not agree with any of these Terms and Conditions or policies, please, do not use our service. This Terms and Conditions apply to whoever uses the service.

In order to build up our store, Shopify Inc. gives us the tools to host and run our online e-commerce platform. As there are more tools and features available in the future, we will be updating and enhancing our online store for the best experience of our customers. Those updates will be posted in our website and it is absolutely responsibility of our customers to visit, review, understand, and accept those changes in order to start and/or continue using our services. If you do not agree with any changes or updates, you must stop using the services. Your continued using of the services after any update represents the acceptance of our Terms and Conditions. Updates are effective on date posted on top of the page.

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 you 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 product 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 copyrights 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 of Service will result in an immediate termination of your services.

SECTION 2. GENERAL CONDITIONS            

We reserve the rights to refuse the 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 the service, or access to the service or any contact on the website through which we provide the service, without express written permission by us.

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

SECTION 3. ACCURACY, COMPLETENESS, AND TIMELINES 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 historical information. Historical information, necessarily, is not current and it is provided for the 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 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 of the 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 description of products or product pricing are subject to change at any time 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 – BILLING INFORMATION TERMS AND CONDITIONS

 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 place 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 transaction and contact you as needed.

For more information, please visit our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor or 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 the relevant third party provider provide tools.

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 relates to the purchase or use of goods, services, resources, content, or any other transaction 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. Complains, 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 or without it, you send certain specific submissions such us contest entries, 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 and 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 to:

  • Maintain any comments in confidence
  • Pay compensation for any comments
  • 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 anyway affect the operation of the service or any related website. You cannot use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third parties or us 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

Our Privacy Policy rules any personal information you have given to us. For more information related to that, please visit 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 time, 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 you 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

As well as other prohibitions described previously in this Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose.
  • To solicit others to perform or participate in any unlawful acts.
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • 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.
  • To collect or track personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • For any obscene or immoral purpose.
  • To interfere with or circumvent the security features of the service or any related service, other websites, or the internet.

We reserve the right to immediately 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 website will be uninterrupted, timely, secure, or error-free.

We do not warrant that the result may be obtain 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 ONDUFIT, our directors, officers, employees, affiliates, agents, contracts, 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 for your use of the service or any product, including, but no 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 to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ONDUFIT and our patent subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service, providers, subcontractors, suppliers, interns, and employees, harmless for 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 of 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 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 obligation and liabilities of the parties incurred prior to the determination 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; in addition, you will remain liable for all amount due up to and including the date of termination and/or accordingly may deny you access to our service (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise of 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 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 version of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNIG LAW

These Terms of Service and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of Mexico.

SECTION 19 – CHANGES TO TERMS AND 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. You continued use or access to our website or the service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

For further information about these Terms of Use and any question related to our service, please, visit us in our FAQ page and CONTACT US page.