Terms of service
TERMS OF USE
This website is operated by COGNIDIVES through its PHYGIATECH brand. Throughout the site, the terms “we”, “us” and “our” refer to COGNIDIVES’ PHYGIATECH brand. This website, including all information, tools and services to which it provides access, is offered by COGNIDIVES through its PHYGIATECH brand to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from our company, you engage in our “ Service ” and agree to be bound by the following terms and conditions (“ General Terms and Conditions ”, “ Terms of Use ”), including the terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Any new tools or features added to this store are also subject to the Terms of Use. You can review the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page from time to time to see whether any changes have been made. By continuing to access or use the website after the changes have been posted, you accept them.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS OF USE
By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province or state and that you have given us permission to allow any minor dependants of yours to use this site.
You must not use our products in any way for illegal or unauthorised purposes, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit any computer worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and that this includes (a) transmissions over multiple networks ; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for reference purposes only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete or outdated. The content of this site is provided for general information only and should not be considered or used as the sole basis for making decisions without consulting more important, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to monitor changes made to our site.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time and without notice.
We shall not be liable to you or any third party for any price change, or for any modification, suspension or interruption of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. Quantities of these products or services may be limited and their return or exchange may be strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of the products appearing in the store. However, we cannot guarantee the accuracy of colour display on your computer screen.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any given 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 the products or services that we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of a product or service on this site is void where prohibited by law.
We do not warrant that the quality of the products, services, information or other materials that you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at 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 credit card and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our opinion, appear to have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.
For more information, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide access to these tools “ as is ” and “ subject to availability ”, without any warranty, representation or condition of any kind and without any endorsement. We cannot be held liable for anything arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your discretion and at your own risk. In addition, it is your responsibility to familiarise yourself with the terms under which these tools are provided by the relevant third-party provider(s) and to accept those terms.
We may also, in the future, offer new services and/or new features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services accessible via our Service may include materials from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we warrant and assume any responsibility for content or websites, or for other content, products or services from third-party sources.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction connected to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be addressed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in competitions), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “ comments ”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media whatsoever all comments that you send to us. We are not and shall under no circumstances be required (1) to maintain the confidentiality of comments ; (2) to compensate anyone for any comment provided ; or (3) to respond to comments.
7. We may, but have no obligation to, remove content and Accounts containing content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Use.
You agree that your comments must not in any way infringe the rights of third parties, including copyright, trademarks, privacy, personality rights or any other personal or intellectual property right. You further agree that your comments must not contain any unlawful, abusive or obscene material, nor any computer virus or other malware likely to affect in any way the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or try to mislead us or third parties as to the origin of the comments. You are entirely responsible for all comments you make and for their accuracy. We accept no responsibility for comments posted by you or a third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers, shipping charges, delivery times and product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not required to update, modify or clarify information indicated in the Service or on any related website, including but not limited to pricing information, unless required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information offered in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content :
(a) for unlawful purposes ; (b) to solicit third parties to perform or participate in unlawful acts ; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law ; (d) to infringe or violate our intellectual property rights or those of third parties ; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin or disability ; (f) to submit false or misleading information ;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet ; (h) to collect or track the personal information of others ; (i) to spam, phish, hijack a domain, extort information, browse, crawl or scrape the web ; (j) for obscene or immoral purposes ; or (k) to interfere with or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, certify or represent in any way that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time and without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided “ as is ” and “ subject to availability ” for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability or satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
PHYGIATECH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors cannot under any circumstances be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any service or product using it, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or made available through the Service, even if you have been advised of the possibility of their occurrence.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold PHYGIATECH and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your violation of these Terms of Use or the documents to which they refer, or your violation of any laws or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these Terms of Use, without such determination affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in effect after termination of this agreement, for all purposes.
These Terms of Use shall remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine or suspect, at our sole discretion, that you are not complying or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain liable for all amounts due up to and including the date of termination, as a result of which we may deny you access to our Services (or any part of them).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.
These Terms of Use or any other policy or operating rule that we publish on this site or that concerns the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and current agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms of Use, as well as any separate agreement under which we provide you with the Services, are governed and interpreted under the laws of the French Commercial Code.
ARTICLE 19 – CHANGES TO THE TERMS OF USE
You can review the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time to see whether any changes have been made. By continuing to access or use our website and the Service after changes to these Terms of Use have been posted, you accept them.
ARTICLE 20 – CONTACT DETAILS
Questions relating to the Terms of Use should be sent to us at contact@phygiatech.com.
