TERMS OF SERVICE

OVERVIEW
Welcome to our website! These Terms of Service (“Terms”) govern your use of our website, tools, and services provided by EVOKE HOLDINGS LIMITED (“we,” “us,” or “our”). By accessing or using our website, you agree to these Terms.

Please read these Terms carefully before using our website. If you do not agree with any part of these Terms, you may not access the website or use our services.


SECTION 1 – ONLINE STORE TERMS

By using our website, you represent that you are of the age of majority in your state or province of residence, or that you have given us consent to allow any minor dependents to use this site. You must not use our products or services for any illegal or unauthorised purposes, and you agree not to violate any laws in your jurisdiction, including copyright laws. You must not transmit any harmful code or viruses.


SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. While we take measures to protect your data, you understand that your content may be transmitted over networks and may be subject to changes to comply with technical requirements. You agree not to reproduce, duplicate, sell, or exploit any part of our service without our express written permission.


SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We strive to provide accurate and up-to-date information on our website, but we do not guarantee the accuracy, completeness, or timeliness of the information. The material on our website is provided for general information purposes only and should not be relied upon as the sole basis for making decisions. Historical information may not be current, and we may modify the contents of our website without obligation to update the information. It is your responsibility to monitor any changes.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We may change the prices of our products without notice. We reserve the right to modify or discontinue our service, or any part of it, at any time without notice. We shall not be liable to you or any third-party for any modifications, price changes, or discontinuation of the service.


SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy. We make efforts to accurately display product colors and images, but we cannot guarantee that your computer monitor will accurately represent them. We reserve the right to limit sales of our products or services to any person or geographic region. Descriptions and prices of products are subject to change without notice.


SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide accurate and complete billing and account information for all purchases made on our website. We reserve the right to refuse any order, limit quantities, or cancel orders at our discretion. It is your responsibility to keep your account information up to date.


SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools on our website. These tools are provided “as is” and “as available” without any warranties or endorsement. We are not liable for any harm or damages arising from your use of these optional third-party tools.


SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or any other aspect of these third-party websites. Any transactions you make on third-party websites are at your own risk and subject to the third-party’s policies and practices.


SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit comments, feedback, or other materials to us, you agree that we may use and publish them without any restrictions. We are not obligated to maintain confidentiality or provide compensation for these submissions. We may monitor and remove content that violates these Terms or is otherwise objectionable.


SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy. Please review our Privacy Policy to understand how we handle your personal information.


SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be mistakes, inaccuracies, or omissions in the information provided on our website or through our Service. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 on the Service or related website is found to be inaccurate, without prior notice (including after you have submitted your order).

We are not obligated to update, amend, or clarify the information on the Service or related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information on the Service or related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions stated in the Terms of Service, you are prohibited from using the site or its content for the following purposes:

(a) Engaging in any unlawful activities.
(b) Soliciting others to perform or participate in unlawful acts.
(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
(d) Infringing upon or violating our intellectual property rights or the rights of others.
(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) Submitting false or misleading information.
(g) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, related websites, other websites, or the Internet.
(h) Collecting or tracking the personal information of others.
(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
(j) Using the Service for any obscene or immoral purpose.
(k) Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.


SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that we may remove the service for indefinite periods of time or cancel the service at any time without notice.

You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

In no case shall our directors, officers, employees, affiliates, agents, contractors, 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 but not limited to, 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 the service or any products procured using the service, or for 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 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 limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shop name and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 – SEVERABILITY

If 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 the unenforceable portion shall be deemed severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.


SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination 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 and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or 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 and 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 versions of the Terms of Service).

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


SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HKSAR, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.


SECTION 19 – CHANGES TO TERMS OF 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@evogue.online

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