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Terms of Service

TERMS OF SERVICE

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

By visiting this Website, you engage in our “Service” and therefore agree to be bound by the terms and conditions as set out below (“Terms of Service”, “Terms”). The Terms of Service includes any additional terms and conditions and policies referenced herein. 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 this Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions, then please refrain from accessing the Website or use of any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the Website shall 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 the Website. It is your sole 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.

The Website is owned and operated by NXR Group Limited, trading as NX Tech, a company incorporated in England and Wales under company number 9575926 with its registered address at [72 Pinner Green, Pinner, HA5 2AB, UK]. This Website is hosted by Shopify Inc. They provide NX Tech with an online e-commerce platform that allows us to sell our products and services to you.

  1.     Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your region, state or province of residence, or that you are the age of majority in your region, state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorised 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. You therefore agree that you will not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. By breaching this provision, you commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant law enforcement authorities by disclosing your identity to them (should they request this information).

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or through downloading any material posted the Website, or on any website linked to it.

Should you breach or violate any of the Terms of Service, this will result in the immediate termination of our Services being provided to you.

  1.     General Conditions

We reserve the right to refuse service if in our opinion it is necessary to do so.

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. For the avoidance of doubt, 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 these Terms of Service are included for convenience only and will not limit or otherwise affect the interpretation of these Terms of Service.

  1.     Accuracy of Information

While we aim to ensure that all information made available is accurate, we are not responsible if information is not accurate, complete or current. The material on this Website is provided for general information only and should therefore not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This Website may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this Website at any time; however, please note that there is no obligation to update the information on the Website. You agree that it is your sole responsibility to monitor changes to the Website.

  1.     Modifications to the Service and Prices

Prices for 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.

For the avoidance of doubt, if you have submitted your order and are awaiting delivery, we will ensure that your purchase is fulfilled. In the event that your purchase cannot be fulfilled, we will notify you promptly and provide you with a full refund or suitable replacement.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  1.     Product Representation

Our products are available exclusively online through the Website. These products 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 colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be an accurate reflection of the physical product.

We reserve the right, but are not obliged, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product 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.

  1.     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 in situations, including but not limited to, 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 using our Website. You agree to promptly update your account and other information, including your email address and credit card number and expiration dates, so that we can complete your transactions and contact you when necessary.

For more detail, please review our Returns Policy.

  1. VAT

We operate under two different VAT schemes depending on where our products have been sourced.

  1. The Margin Scheme - All items sold under the Margin Scheme will not have a VAT component on the invoice, therefore no VAT can be reclaimed.
  2. Normal VAT Scheme - All items sold under the normal VAT Scheme will have VAT charged at the current rate, 20%, and the VAT component will be displayed separately on the invoice, hence allowing it to be reclaimed if you are a VAT registered business.

The applicable VAT scheme will be indicated in the product description.

Whilst we make every effort to indicate which VAT scheme the product falls under in the Product Description, if you have strict requirements for a VAT qualifying product please contact us prior to placing your order to confirm.

  1. Optional Tools

We may provide you with access to third party tools over which we neither monitor, 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.

  1. Third Party Links

Certain content, products and services available via our site may include materials from third parties. Please note that where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As such, you should carefully review a third party's policies and practices and make sure that you understand them before you proceed with any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

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.

10.   User Comments, Feedback and Other Submissions

If, at our request, you make a submission (for example, contest entries) or without a request from us you send creative ideas, comments, 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 to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service. Commentary posted on the Website is not intended to amount to advice on which reliance should be placed.

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 libellous 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.

11.   Personal Information

We process information about you in accordance with our Privacy Policy, which can be viewed here. By using our Website, you consent to such processing and warrant that all data provided by you is accurate.

  

12.   Errors, Inaccuracies and Omissions

Occasionally, there may be information on the Website 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.

13.   Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are also prohibited from using the Website 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.

 

14.   Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Any such works are protected by copyright laws. All such rights are therefore reserved.

You must not use any part any of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15.   Disclaimer of Warranties and 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 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 NX Tech, 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. In the circumstance where the exclusion or limitation of liability for consequential or incidental damages cannot be excluded, our liability shall be limited to the maximum extent permitted by law.

16.   Indemnification

You agree to indemnify, defend and hold harmless NX Tech and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal 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.

17. Severability

In the event that any provision or part-provision of these Terms of Service is determined to be unlawful, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it legal, valid or enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision to these Terms of Service shall not affect the validity and enforceability of the rest of the Terms of Service.

18.   Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of any agreement between you and us 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 the Website.

If in our sole judgment you fail, or we have reasonable grounds to determine that you have failed to comply with any term or provision of these Terms of Service, we may terminate any agreement with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

19.   Waiver and Entire Agreement

No failure or delay by us to exercise any right or remedy provided under these Terms of Service or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

These Terms of Service constitutes the entire agreement between you and us and supersedes and extinguishes all previous Terms of Service, agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Service and you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service.

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

20.   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 England and Wales.

21.   Changes to Terms and Services

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.

22.   Contact Information

Should you have any queries concerning these Terms of Service, please contact us at info@NXTech.co.uk.

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