Terms of Service

OVERVIEW

Welcome to My Store! The terms “we”, “us” and “our” refer to My Store. My Store 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 (the “Services”). My Store is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

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 Services, you agree to be bound by these Terms of Service and our Privacy Policy $LINK$. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any products or services, you may be asked to provide certain information (e.g. email address, billing, payment and shipping information). You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We strive to represent our products and services accurately in our online store. However, colours and product appearance may vary due to your device and settings.

We do not warrant that the appearance or quality of any products or services will meet your expectations or match images shown online.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. My Store may accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change or cancel an order, we will attempt to notify you using the contact details provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy $LINK$.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time of order and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices in our online store may differ from prices in physical stores or third-party channels. We may offer promotions with separate terms. If those terms conflict with these Terms, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update details (including email address and payment card expiry dates) so we can complete transactions and contact you as needed.

You represent and warrant that (i) the payment details you provide are true, correct and complete; (ii) you are authorised to use the payment method; (iii) charges will be honoured by your provider; and (iv) you will pay all charges at the posted prices, including shipping, handling and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and not guaranteed. We are not liable for delays caused by carriers, customs processing or events outside our control. Once we hand over products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

The Services (including trademarks, brands, text, images, graphics, reviews, video, audio, the design, selection and arrangement thereof) are owned by My Store, its affiliates or licensors, and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided, nothing grants you any licence or rights under any patent, trademark, copyright or other IP of My Store, Shopify or any third party. All rights not expressly granted are reserved.

My Store names, logos, product and service names, designs and slogans are trademarks of My Store or its affiliates or licensors. You must not use such marks without prior written permission. Shopify’s marks are trademarks of Shopify. Other names and marks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we do not control. We provide access “as is” and “as available” without warranties or endorsements and accept no liability arising from your use. Use is at your own risk and subject to the third party’s terms.

We may introduce new features or tools in future; such features form part of the Services and are subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites or embedded functionality. We are not responsible for examining or evaluating third-party content or accuracy. If you leave the Services to access third-party sites, you do so at your own risk. Review their policies before engaging in any transaction. Complaints or queries about third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[Note to merchant: Keep this section.]
My Store is powered by Shopify, which enables us to provide the Services. However, any sales and purchases in our store are made directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and My Store, including any injury, damage or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims arising from or related to your purchases and transactions with My Store.

SECTION 10 – PRIVACY POLICY

All personal information we collect via the Services is subject to our Privacy Policy $LINK$, and certain personal information may be subject to Shopify’s Privacy Policy (see Shopify’s site). Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve them, including cross-border transfers. See our Privacy Policy $LINK$ for details on how we, Shopify and our partners use your information.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use.

You represent and warrant that: (i) you own or have rights to the Feedback; (ii) you have disclosed any compensation or incentives; and (iii) your Feedback complies with these Terms. We have no obligation to keep Feedback confidential, to compensate you, or to respond.

We may (but are not obliged to) monitor, edit or remove Feedback we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates IP rights or these Terms.

You agree your Feedback will not violate any rights of others, and will not contain unlawful, abusive or obscene content, viruses or malware. You must not mislead us or others as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct, change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after submission of your order).

SECTION 13 – PROHIBITED USES

You may use the Services for lawful purposes only. You must not use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate laws or regulations; (c) to infringe IP rights; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person; (e) to transmit false or misleading information; (f) to send or reuse material that breaches these Terms; (g) to send unauthorised advertising or promotions (including spam); (h) to impersonate any person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm My Store, Shopify or users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or bypass security features of the Services or related websites. We may suspend, disable or terminate your account without notice if we determine you have violated these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (in whole or part) at any time in our sole discretion without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions which by their nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented via the Services is for general information only. We do not warrant its accuracy, completeness or usefulness. Your reliance is at your own risk. We disclaim all liability arising from reliance by you or others.

EXCEPT AS EXPRESSLY STATED BY MY STORE, THE SERVICES AND ALL PRODUCTS OFFERED VIA THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Some jurisdictions do not allow certain disclaimers; in such cases, the above may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL MY STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THE POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless My Store, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims (including reasonable legal fees) payable to any third party due to or arising out of: (1) your breach of these Terms or referenced documents; (2) your violation of law or third-party rights; or (3) your access to or use of the Services. We will notify you of any indemnifiable claim (a delay in notice will not relieve your obligations unless you are materially prejudiced). We may control the defence and settlement (at your expense) and will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defence, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms is unlawful, void or unenforceable, that provision shall be enforced to the maximum extent permitted and the unenforceable portion shall be deemed severed. The remainder remains in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision is not a waiver. These Terms and any policies or operating rules posted by us on the site or in respect of the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or any rights or obligations without our prior written consent; any attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where My Store is headquartered, and you consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check for changes. We will notify you of any material changes in accordance with applicable law; such changes are effective on the date specified. Your continued use of the Services after changes constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to us at contact@myfuelgo.com.