Terms of Service

OVERVIEW 
This website is operated by Aqua Gang. Throughout the site, the terms “we”, “us” and “our” refer to Aqua Gang. Aqua Gang offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

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 your 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 products 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 copyright 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 will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse 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 of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS 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 certain historical information. Historical information, necessarily, is not current and is provided for your 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 it 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 or 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 descriptions of products or product pricing are subject to change at anytime 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 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
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 placed 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 transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor 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 tools are provided by the relevant third-party provider(s). 
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 related to the purchase or use of goods, services, resources, content, or any other transactions 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. Complaints, 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, you send certain specific submissions (for example contest entries) or without a request from us you send 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, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to 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 any way affect the operation of the Service or any related website. You may 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 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 
Your submission of personal information through the store is governed by our Privacy Policy. To view 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 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your 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 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to 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 service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained 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 Aqua Gang, 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, 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 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 the 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 Aqua Gang and our parent, 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 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 
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 the 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 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 United States. 

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 info@aquagangusa.com.

 

These Terms are a binding, legal contract between you (the Users) and AQUA GANG (the “Company”). By making use of the platform or any of our products or services, or by clicking the “Accept” button or in any way agreeing to the Terms of Use when the option is given to you, you are acknowledging and showing your agreement to the Terms of Use as well as our Privacy Policy. In the event that you do not agree and consent to these Terms of Use and/or our Privacy Policy, you should not use our platform.

User Representations and Warranties

By utilizing the Platform/ Website and/or our Services, you acknowledge and agree that:

• You have the authority to enter the Terms of Use and are bound by it.
• You shall only use the Products and our Services as allowed so by the Terms of Use, as well as any relevant Additional Terms.
• You are at least thirteen (18) years old.

If you are under thirteen (18), you cannot utilize the website or any of our Services. Some offers or limited-time promotions may also be subject to additional age restrictions as well.

Orders

Your order will be delivered within 4-5 business days and we will also send you a tracking number so that you can track the order. As a user, you understand that it is your responsibility to submit correct shipping address and we will not be liable in case you submit a wrong shipping address.

Intellectual Property

You recognize that the website is prepared, developed, compiled and arranged by AQUA GANG and others involved through a large investment in time, effort and resources and it constitutes a valuable form of intellectual property and are part of trade secrets of AQUA GANG and the people involved. It is in AQUA GANG’s policy to uphold these intellectual property rights to the maximum extended permitted by legal regulations. The logos and trademarks (“Trademarks”) used on the website are the rightful property of AQUA GANG or third-parties and are not allowed to be used, without prior written permission from AQUA GANG or the rightful owners.

The website is also protected under the Copyright and other legal regulations as a collective work or compilation. The Users are not allowed to, unless permission has been given, modify, copy, distribute, publish, retail, license or transfer any contents of the website or our Services for commercial purposes.

 

User Conduct

The User hereby agrees that he/she will not engage in activities that will interfere or interrupt the platform or any of our Services or use any third-party service that can manipulate your device to purposefully gain an advantage on our programs. Unless you have been given permission to in a written agreement between the company and you, you acknowledge and agree to that you will not duplicate, retail, trade or create derivative works of our Services for any purposes. You also agree that your utilization of the Website and our Services is not done so for unlawful reasons, and will be determined in our own discretion. You will also comply with the usage rules and agree to not use the website to, including but not limited to the:

• Share a single Account with multiple people other than the registered account holder.
• Create multiple accounts to place spam orders.
• Access or attempt to access any of our Services by third-party websites, you may only access our Services through the interface that we provide to you
• Create a false identity; meaning you will use our Services with your accurate information including your personal details and demographics.
• Provide inaccurate personal information (name, address, email, zip code, etc.), payment information (credit card number, CVC number, expiration date, etc.), or any other information.
• Post, upload or share any information that is, in our own discretion, vulgar, pornographic, obscene, indecent, sexual, hateful or otherwise objectionable and/or inappropriate.
• Post personal referral links and/or spam links in an unnecessary, aggressive or otherwise inappropriate manner.
• Purposefully harass, abuse, intimidate, threaten, mock or defame anyone whether it be racially, ethnically, hatefully or otherwise behave in an offensive and inappropriate or objectionable manner.
• Post, upload or share (or attempt to transmit) any type of files that may contain viruses, worms, Trojan Horses, corrupted files and/or data, or any other type of similar harmful programs or software that may cause harm to the operation of the Service.Violate any form of rights of any party, including but not limited to, utilizing, transmitting, distributing, uploading or making any information available in the website to another platform in any manner that may infringe any copyright, trademark, trade secret or other rights of any parties involved.
• Use the website in any manner to try to obtain private account information, passwords and other forms of private information from other account owners.
• Inappropriately utilize the support platforms or complaint platforms to create false or inaccurate reports to AQUA GANG or to generate correspondences with our representatives in a rude and impolite manner.
• Create, distribute, utilize or inform other users of an automated software or worms or other types of scripts and software programs that inappropriately abuse the Website or our Services.
• Distribute or publicly share any survey IDs, answers or other information related to the surveys, or otherwise teach other members with regards to providing answers to the surveys or questionnaires.
• Attempt to and abuse any of our Services that is not reflective of normal or appropriate usage of the general public, for example conducting large amounts of searches and/or other activities within our Rewards Program (if any) to earn more points, and this is done so at our own discretion.
• Exploit, share, distribute or publicly inform other users regarding any errors or bugs (“Bugs”) that unintentionally gives an advantage, that may violate any applicable legal regulations or promote unauthorized or unlawful activities, including but not limited to, cracking or hacking counterfeit software or cheats for our Services.

In the event that we determine that a user has violated these Terms of Use, we in our own discretion will issue a warning regarding the issue or violation before closing or terminating any or all of the Accounts, associated with you, that are using our Services. However, you understand and agree that AQUA GANG does not need to provide you with an early notice before deleting your Account(s) or your access to the Website and our Services for any reason and will be done at its sole discretion.

Disclaimer of Warranties; Limitation of Liability; Indemnification

You acknowledge and agree to that your utilization of the website is done at your own risks. To the fullest extent allowed by applicable legal regulations, AQUA GANG, and its employees, affiliates, partners and agents, deny any warranties and guaranteed regarding any of our Services. This includes any quality guarantees or fitness of product for a specific purpose, merchantability, accuracy, usefulness and other similar warranties. To the maximum extent, AQUA GANG does not make any guarantees or warranties regarding the accuracy or completeness of the material and content on the Website and/or our Services or any content on any of its Websites that may be linked to our Services and we assume no liability and are not accountable for any:

• Errors or mistakes in the inaccuracy or incompleteness of the content.
• Injuries, including death, or property damage, of any nature that result from your utilization and access of the Website
• Unauthorized utilization and/or access of AQUA GANG’s secure servers as well as any personal information that may be stored.
• Interruption of our Services or Platform.
• Viruses, Bugs, Trojan Horses or similar harmful software that may be transmitted through our Services by any third-parties.
• Any errors or inaccuracies in our content that are posted, emailed or transmitted in any other way that may results into any loss or damage.
• Tax liabilities that are imposed against you by any relevant taxing authorities.

You hereby agree that AQUA GANG will not be accountable for, or provide compensation regarding, the complete cessation of any product or Account(s) including, but without limited to, points, prizes or rewards in your Account(s) that ‘exist’ in your favor at the specific time of your account being terminated.