Terms of Service – Fractalis
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Terms of Service

GENERAL INFORMATION

Fractalis operates this website and offers all information, tools and services available here, subject to your acceptance of the stated terms, conditions, policies and notices.

By accessing or using any part of the site, you confirm your acceptance of these Terms of Service, if you do not agree with all the provisions of this agreement, we suggest that you do not access the website or use our services. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors. We recommend that you read these Terms of Service carefully before accessing or using our website.

Fractalis adds new features or tools to its online store, which are also subject to the aforementioned Terms of Service. You can review the updated version of these terms at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates or changes to our website. It is your responsibility to review this page periodically to be aware of changes.

Our store is hosted on Shopify, who provide us with the online e-commerce platform we use to sell our products and services.



SECTION 1 – ONLINE STORE TERMS


By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you have the necessary consent to allow your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including but not limited to copyright laws). You are prohibited from transmitting worms, viruses or other code of a destructive nature through the Service. Failure to comply with these terms will result in the immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the service is provided, without express written permission. from U.S. We reserve the right to refuse to provide service to anyone, for any reason and at any time. The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information 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 first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information that is not necessarily current and is provided for 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

The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
We have made every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor will display colors accurately.

We reserve the right, but are not obligated, to limit 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 also reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Additionally, we reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, or the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we will attempt to notify you via the email and/or billing address/phone number provided at the time of purchase. We reserve the right to limit or prohibit orders that we believe, in our sole judgment, may violate these policies.

It is your responsibility to provide current, complete and accurate information about your purchases and your account when transacting at our store. You agree to promptly update your account information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Terms and Conditions. (link goes)

SECTION 7 - OPTIONAL TOOLS

We provide you with access to third-party tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising from your use of tools provided by third parties.

Any use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to be familiar with and accept the terms under which these tools are provided by third-party providers.

In the future, we may offer new services and/or features through the website, which are also subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

The content, products and services available through our Service may include material from third parties.

Links to third-party websites on this site may direct you to websites that are not affiliated with us. We do not review or evaluate the content or accuracy of these third-party websites, and we do not warrant and assume no liability for any third-party materials, products or services.

We are not liable for any damages or losses related to your acquisition or use of third-party goods, services, resources, or content, or any other transactions made in connection with any third-party websites. It is important to review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third-party products should be directed to the appropriate third party.

SECTION 9 - USER COMMENTS, RECRUITMENT AND OTHER SUBMISSIONS

If you send us feedback, such as contest entries or creative ideas, you agree that we may use that feedback at any time and in any way we deem appropriate, without restriction. We are under no obligation to keep your comments confidential, pay compensation for them, or respond to them.

We reserve the right, but not the obligation, to monitor, edit or remove content that we consider to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or that violates intellectual property rights or other rights, or the 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, unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or related websites. You must not use a false email address, impersonate others, or otherwise mislead us or third-parties as to the origin of your comments. You are solely responsible for your comments and their accuracy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or Service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, delivery times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, change or update information, or cancel orders if any information in the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order). order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. The presence of an updated specification or refresh date on the Service or on any related website does not imply that all information has been modified or updated.

SECTION 11 - 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 unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or third parties' intellectual property rights; (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 present 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 compromise the functionality or operation of the Service or of any related website, other sites, or the Internet; (h) to collect or track 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 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 12 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY


Fractalis does not warrant that its service will be uninterrupted, timely, secure or error-free, nor that the results obtained will be accurate or reliable. You agree that the service may be interrupted or canceled at any time without notice, and that your use is at your own risk. All products and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement, unless otherwise stated. In no event will Fractalis, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including loss of benefits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from the use of the services or products purchased through the service, or any other claim related to the use of the service or any product, even if advised of the possibility of such damages. This limitation of liability shall apply to the maximum extent permitted by law, as some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fractalis 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 attorney's fees. attorneys, made by any third party due to or resulting from your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 14 - DIVISIBILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be effective 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 the other remaining provisions.

SECTION 15 - 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 terminated by 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 by ceasing to use our site. If in our sole judgment you fail or are suspected of having 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 the date of termination; furthermore, we may deny you access to our services or any part thereof accordingly.

SECTION 16 – ENTIRE AGREEMENT

Our failure 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, together with any policies or operating rules posted by us on this site or in respect to The Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any agreements, communications and prior or contemporaneous proposal, whether oral or written, between you and us (including any prior version of the Terms of Service).

SECTION 17 - 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 Colombia.

SECTION 18 - CHANGES TO TERMS OF SERVICE

The most current version of the Terms of Service is always available for review on this page.

We reserve the right, at our sole discretion, to update, modify 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 service following the posting of any changes to these Terms of Service will constitute acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to support.fractalis@gmail.com

SECTION 20 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Fractalis ("We", "Us", "Our") offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By opting or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your consent to resolve any dispute with us through binding, individual-only arbitration, as detailed in section "Dispute Resolution" below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or the Privacy Policy that may govern the relationship between you and Us in other contexts.

1.User Acceptance: The Program allows Users to receive SMS/MMS mobile messages if they affirmatively opt into the Program, such as through online or application-based registration forms. Regardless of the registration method used, you agree that this Agreement applies to your participation in the Program. By participating, you agree to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your enrollment option. You understand that your consent is not required to make purchases with us. Although you agree to receive messages using an autodialer, this does not mean that all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. The frequency of messages varies.

  • Exclusion from the Program: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to contact us through our various customer service channels to opt out of the Program. You understand and agree that the above options are the only reasonable methods of opting out. You understand and agree that any other method of opting out is not a reasonable means of opting out.

2. Description of the Program: The Program allows users who opt in to receive messages related to the marketing, promotion, payment, delivery and sale of fashion items (such as sweaters, shirts, pants, tights, jackets, accessories) and articles stationery (such as agendas, calendars, guides), as well as valuable content such as lists of restaurants, tourist sites, life advice, hobbies, among others. Messages can also include payment reminders.

  • Frequency and Nature of Messages: You agree to receive messages periodically at our discretion. The frequency can vary between daily, weekly and monthly messages. The Program involves recurring mobile messages, and additional messages may be sent periodically based on your interaction with us.
  • Support Instructions: For assistance related to the Program, send an email to info@armatura.com.co. This email may also be used as an acceptable method to opt-out of the Program. Opt-out must follow the procedures set forth above.
  • MMS and SMS Messages : The Program will send SMS TM (termination messages) if your mobile device does not support MMS messaging.
  • Disclaimer: The Program is provided "as is" and may not be available in all areas or at all times. We will not be responsible for any delay or failure in the receipt of mobile messages related to the Program, as delivery is subject to the effectiveness of transmission by your wireless service provider/network operator, which is beyond our control. .
  • Entrant Requirements: You must have your own mobile device capable of sending two-way messages, use a participating wireless carrier, and subscribe to text messaging service. Not all mobile phone providers have the service necessary to participate. You should check your phone's capabilities for specific text messaging instructions.
  • Age Restriction: You may not use or participate in the Platform if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years old, you must have your parent's or legal guardian's permission to use or participate in the Platform. By using it, you represent that you are not under the age of thirteen (13), or that you are between thirteen (13) and eighteen (18) years of age with the appropriate permission, or that you are of legal age under the applicable laws in your jurisdiction.
  • Prohibited Content:

You acknowledge and agree not to submit any prohibited content through the Platform. This includes fraudulent activities, defamation, threats, objectionable content such as profanity or obscenity, malicious computer programs, content illegal under local laws, health information protected by HIPAA or HITEC, and any other content prohibited by applicable law in the jurisdiction from which the message is sent.

3. Dispute Resolution:

Any dispute, claim or controversy between you and Us, Stodge Inc. d/b/a Postscript, or any third party service provider relating to legal claims or this Agreement, shall be resolved by arbitration in Bogotá, DC under the Commercial Arbitration Rules of the AAA. The arbitrator will apply the substantive laws of the Federal Judicial Circuit of Fractalis' headquarters, without regard to its conflict of laws rules. An arbitrator with at least five years of experience will be selected. If an agreement is not reached within ten days, AAA will appoint one. The arbitrator will determine the enforceability of this arbitration agreement under the Federal Arbitration Act (FAA). The arbitrator's decision will be final and binding, with no right of appeal, except under Article 10 of the FAA. Each party shall bear its own costs of arbitration, although the arbitrator may order one party to pay all or part of the costs. The arbitrator may award attorneys' fees only if permitted by law or contract. Punitive damages may not be awarded. Claims will be individual, not collective or representative. The confidentiality of the arbitration will be maintained. If a dispute goes to court, a jury trial is waived. This arbitration provision shall survive termination of the agreement.

4. Miscellaneous :

You warrant that you have all necessary rights, power and authority to accept these Terms and perform your obligations, and that nothing in this Agreement will cause you to breach any other contracts or obligations. The failure of either party to exercise a right will not be considered a waiver of other rights. If any provision is deemed unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so that the Agreement will remain valid. Any new features or improvements to the Program will be subject to this Agreement, unless otherwise indicated in writing. We reserve the right to modify this Agreement from time to time. We will notify you of any updates, and it is your responsibility to review the Agreement periodically. By continuing in the Program after the changes, you accept the modified Agreement.

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