Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to GOM Athleisure. These Terms of Service are entered into by and between you and Fox and Bear Global Inc., doing business as GOM Athleisure (“GOM Athleisure,” “we,” “us,” or “our”).

GOM Athleisure operates this store and website, including all related information, content, features, tools, products, and services in order to provide you with a curated shopping experience (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy, available at:

https://gomathleisure.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have given consent for any minor dependents under your supervision to use the Services.

To access or use certain features of the Services, including purchasing products, you may be required to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.

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

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products and services. However, product colors, textures, appearance, sizing, and other visual details may vary depending on your device, screen settings, lighting conditions, photography, and other factors.

We do not warrant that the appearance or quality of any product purchased through the Services will exactly match how it appears on your screen.

All product descriptions, availability, pricing, and other product-related information are subject to change at any time without notice.

We reserve the right to discontinue any product or service and to limit quantities offered to any individual, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you submit an order, you are making an offer to purchase products from GOM Athleisure.

We reserve the right to accept, reject, modify, or cancel an order for any lawful reason. Your order is not considered accepted until we confirm acceptance.

Payment must be successfully authorized and processed before an order is fulfilled.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has entered processing or fulfillment.

If we reject, modify, or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided at checkout.

Purchases are subject to our Refund Policy, available at:

https://gomathleisure.com/policies/refund-policy

Unless otherwise agreed in writing, products purchased from our store are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will generally be the price displayed at the time your order is submitted and confirmed.

Unless otherwise expressly stated, listed prices do not include applicable taxes, shipping charges, handling fees, customs duties, import charges, or similar governmental charges.

Prices offered through our online store may differ from prices offered through physical events, pop-ups, marketplaces, affiliates, promotional campaigns, or third-party sales channels.

You agree to provide accurate, complete, and current billing, payment, and account information.

You represent and warrant that you are authorized to use any payment method submitted in connection with a purchase and that all charges incurred will be honored by the applicable payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, weather, labor disruptions, supply chain issues, government actions, incorrect customer information, or circumstances outside our reasonable control.

Risk of loss may pass to you when products are transferred to the applicable shipping carrier, subject to applicable law.

For additional information regarding shipping, please refer to the shipping information provided on our website or during checkout.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their contents, including without limitation trademarks, logos, brand names, text, product names, designs, photographs, images, graphics, videos, audio, product reviews, layouts, and other content, are owned by or licensed to GOM Athleisure and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

The Services are provided for your personal, non-commercial use.

Except as expressly permitted by us in writing, you may not reproduce, copy, distribute, modify, publish, transmit, display, perform, create derivative works from, sell, license, or otherwise exploit any portion of the Services or their content.

The names, logos, product names, designs, and slogans associated with GOM Athleisure are trademarks or other intellectual property of GOM Athleisure, its affiliates, or licensors.

Nothing in these Terms grants you any ownership interest or license in any intellectual property except as expressly stated.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, services, integrations, or features offered by third parties.

We do not necessarily monitor, control, endorse, or have input into such third-party tools.

Access to third-party tools may be provided “as is” and “as available,” without warranties or representations of any kind.

Your use of any optional third-party tools is at your own risk and discretion, and you are responsible for reviewing and agreeing to any applicable third-party terms.

We may introduce additional tools, services, resources, or features in the future. Unless otherwise stated, such features will form part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, services, applications, or content operated by third parties.

We are not responsible for reviewing, monitoring, verifying, or guaranteeing the accuracy, safety, availability, content, policies, or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk.

We are not responsible for any loss, damage, or dispute arising from your interaction with or purchase from a third party.

Questions, complaints, or claims concerning third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

GOM Athleisure is powered by Shopify, which provides technology that enables us to operate our online store and provide the Services.

However, purchases made through our store are transactions directly between you and GOM Athleisure.

Shopify is not responsible for the products sold by GOM Athleisure or for disputes, injuries, damages, losses, or claims arising from purchases made from us, except to the extent required by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://gomathleisure.com/policies/privacy-policy

Because our online store is hosted by Shopify, Shopify may also collect and process certain information relating to your access to and use of the Services.

Information submitted through the Services may be processed by Shopify and other service providers, including providers located in jurisdictions outside your state or country of residence, in accordance with applicable law and our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit reviews, comments, photographs, videos, suggestions, ideas, proposals, feedback, or other content to us (“Feedback”), you grant GOM Athleisure a worldwide, non-exclusive, sublicensable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise use such Feedback for lawful business purposes, including operating, improving, and promoting the Services.

You represent and warrant that you own or control all necessary rights to the Feedback you submit and that your Feedback does not violate the rights of any third party.

Where applicable, you must disclose any compensation or incentive received in connection with a review or other Feedback.

We are not obligated to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.

We may remove or restrict Feedback that we reasonably believe is unlawful, misleading, abusive, defamatory, obscene, infringing, fraudulent, or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery estimates, or other information.

We reserve the right to correct errors, update information, change or cancel promotions, and cancel or modify orders where information was inaccurate, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

violate any applicable law or regulation;
infringe intellectual property or other legal rights;
harass, abuse, threaten, defame, intimidate, or harm another person;
submit false, fraudulent, deceptive, or misleading information;
distribute spam, malware, malicious code, or unauthorized advertising;
impersonate another person or entity;
interfere with the security, integrity, or operation of the Services;
collect personal information about others without authorization;
circumvent access controls, security systems, or technical restrictions; or
engage in conduct that materially interferes with another person's use of the Services.

You may not reproduce, duplicate, copy, scrape, extract, sell, resell, or exploit any portion of the Services except as expressly authorized by us.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 14 - AUTOMATED AGENTS

If you use software, bots, automated systems, artificial intelligence systems, or autonomous or semi-autonomous agents (“Agents”) to interact with the Services, such Agents must comply with applicable law and these Terms.

Agents may not conceal their automated nature, circumvent CAPTCHAs or other security measures, misrepresent themselves as human users, or bypass restrictions designed to control automated access.

We may restrict, limit, or block automated access to the Services at our discretion where reasonably necessary to protect the Services, our customers, or our business.

SECTION 15 - TERMINATION

We may suspend or terminate your access to all or part of the Services where permitted by applicable law, including if we reasonably believe you have violated these Terms.

Any obligations or liabilities incurred before termination will survive termination.

Provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, liability, indemnification, governing law, and dispute-related rights.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for general informational purposes.

Except as expressly stated by GOM Athleisure or required by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim warranties and conditions of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, durability, and uninterrupted or error-free operation.

Some jurisdictions do not permit the exclusion of certain warranties, so some of these limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, GOM Athleisure and its affiliates, officers, directors, employees, agents, contractors, partners, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost savings, lost data, or replacement costs arising from or relating to your use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless GOM Athleisure, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising out of:

your material breach of these Terms;
your violation of applicable law;
your violation of the rights of another person; or
your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and will otherwise be severed from these Terms.

The remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with policies incorporated by reference and other rules posted through the Services, constitute the agreement between you and GOM Athleisure regarding your use of the Services.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms and our rights or obligations in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganization, or other lawful business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any dispute arising out of or relating to the Services will be governed by the laws applicable in the jurisdiction in which Fox and Bear Global Inc. is headquartered, without regard to conflict-of-law principles, except where consumer protection laws require otherwise.