TERMS OF SERVICE

OVERVIEW

Welcome to THERMOBOX™! The terms "we", "us" and "our" refer to THERMOBOX™. THERMAL™ operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). THERMOBOX™ is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or region of residence. If you allow any minors to use the Services on devices you own or manage, you are responsible for their use.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You confirm that all information you provide is accurate, current and complete and that you have the necessary rights to provide it.

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

SECTION 2 – OUR PRODUCTS

We make every effort to display our products as accurately as possible. However, colours and product appearances may vary depending on your device, screen settings and configuration.

We aim to provide accurate product descriptions and specifications. However, we cannot guarantee that every product will appear exactly as shown on your screen.

Product descriptions, specifications and availability may be updated at any time without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. THERMOBOX™ reserves the right to accept or decline an order where permitted by law.

Your order is not accepted until we confirm acceptance. Payment must be received and processed before your order can be accepted.

Please review your order carefully before submitting it. Once an order has been processed, we may be unable to accommodate cancellation requests. If we are unable to accept, change or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Your purchases are subject to our Returns & Refunds Policy 

You confirm that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed and will be confirmed in your order confirmation email.

Unless otherwise stated, prices may exclude applicable taxes, shipping, customs or import charges.

Prices displayed in our online store may differ from prices offered by third-party retailers or other stores. Promotions may be subject to additional terms and conditions. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will apply.

You agree to provide accurate and up-to-date purchase, payment and account information for all purchases made through our store. You agree to promptly update your information, including your email address and payment details, so that we can complete transactions and contact you when necessary.

You confirm that you are authorised to use the payment method provided and that all charges incurred through your purchase will be honoured.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times provided on our website are estimates and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing or circumstances beyond our reasonable control. However, this does not affect your statutory rights as a consumer.

We remain responsible for your order until it is delivered to you or otherwise dealt with in accordance with applicable consumer law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, brand names, text, images, graphics, product descriptions, videos, audio and website designs, are owned by THERMAL™, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use our Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, publish, download or otherwise use any material from our website without our prior written permission.

THERMAL™ names, logos, product names, designs and slogans are trademarks of THERMAL™ or its licensors. You must not use these trademarks without prior written permission.

Shopify's name, logo and other trademarks belong to Shopify. All other trademarks displayed on our website belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of our Services. We do not monitor or control these tools.

These tools are provided on an "as is" and "as available" basis, without warranties or guarantees of any kind, to the extent permitted by law.

Your use of optional third-party tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms of the relevant third-party providers before using their services.

We may introduce new features, tools and resources through our Services in the future. These will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy or practices of third-party websites. If you choose to access these websites, you do so at your own risk.

We are not responsible for any products, services, resources or content offered by third parties. Please review their policies and practices before engaging in any transaction.

Any complaints, questions or concerns regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

THERMAL™ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with THERMAL™.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and THERMAL™, including any injury, damage or loss resulting from purchased products and services.

Nothing in these Terms excludes or limits any rights or remedies that cannot legally be excluded or limited.

SECTION 10 – PRIVACY POLICY

All personal information we collect through our Services is subject to our Privacy Policy, which can be viewed here.

Certain personal information may also be subject to Shopify's Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users.

Because our Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of our Services to provide and improve the platform.

Information you submit through our Services may be transmitted to and shared with Shopify and third-party service providers, including providers located in other countries, where necessary to operate our store and fulfil your orders.

Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post or otherwise transmit ideas, suggestions, feedback, reviews or other content to us ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish and display that Feedback for purposes connected with operating, improving and promoting our Services.

You confirm that you own or have the necessary rights to submit your Feedback and that it does not violate the rights of any third party.

We are not obligated to keep Feedback confidential, provide compensation or respond to submissions.

We reserve the right to remove Feedback that we consider unlawful, offensive, misleading, inappropriate or in violation of these Terms or another party's rights.

You are responsible for the accuracy and content of any Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or product availability.

We reserve the right to correct errors, update information or cancel orders where information is inaccurate, subject to applicable law and your statutory consumer rights.

SECTION 13 – PROHIBITED USES

You may access and use our Services for lawful purposes only.

You must not use our Services:

• For any unlawful, fraudulent or malicious purpose.

• To violate applicable laws or regulations.

• To infringe our intellectual property rights or those of others.

• To harass, abuse, threaten or harm another person.

• To submit false or misleading information.

• To distribute spam, unsolicited advertising or promotional material.

• To impersonate another person or business.

• To interfere with another person's use or enjoyment of our Services.

You also agree not to upload viruses or malicious code, attempt to access unauthorised areas of our website, collect personal information belonging to others or interfere with the security and functionality of our Services.

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

SECTION 14 – AGENTS

14.1 This section applies if you use, allow or enable an automated agent to access, use or interact with our Services. An "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of a person or organisation.

14.2 No Agent may access, use or interact with our Services unless it identifies itself and complies with the requirements in this section.

14.3 We may limit or restrict how Agents access, use or interact with our Services, including through technical measures.

14.4 Agents must:

• Identify themselves as Agents in their HTTP/HTTPS requests by including "Agent/[agent name]" in their user agent string.

• Not disguise or misrepresent their automated activity as human activity.

• Respond truthfully if asked whether their interactions are automated.

• Not bypass any measures intended to restrict or control automated access to our Services.

SECTION 15 – TERMINATION

We reserve the right to suspend or terminate your access to our Services where permitted by law, including if you violate these Terms of Service.

Termination does not affect any rights or obligations that arose before the termination date.

Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, feedback, liability, indemnification, privacy and governing law.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented through our Services is provided for general information purposes. While we make reasonable efforts to ensure its accuracy, we do not guarantee that all information will always be complete, current or error-free.

Except where expressly stated otherwise, our Services are provided on an "as is" and "as available" basis, to the extent permitted by law.

Nothing in these Terms affects any statutory rights or consumer protections that cannot legally be excluded or limited. In particular, nothing in these Terms limits your rights regarding products that are faulty, not as described or not fit for their intended purpose.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, THERMOBOX™, our partners, directors, employees, affiliates, agents, contractors and service providers will not be liable for indirect or consequential losses arising from your use of our Services or products.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.

Nothing in these Terms affects your statutory rights as a consumer.

SECTION 18 – INDEMNIFICATION

You agree to indemnify and hold harmless THERMOBOX™, Shopify and our affiliates, partners, directors, employees, agents, contractors and service providers against reasonable losses, damages or claims arising from your breach of these Terms, violation of applicable law or infringement of a third party's rights, to the extent permitted by law.

We will notify you of any relevant claim and may take reasonable steps to manage its defence. You agree to cooperate where reasonably necessary.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or treated as severable from these Terms.

The remaining provisions will continue to remain valid and enforceable.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with any policies published on our website, constitute the entire agreement between you and THERMOBOX™ regarding your use of our Services.

Any ambiguities in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent.

We may transfer or assign our rights and obligations under these Terms where permitted by law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide our Services shall be governed by and interpreted in accordance with the laws.

Any disputes shall be handled by the courts with appropriate jurisdiction, subject to applicable consumer protection laws and your statutory rights.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates on our website.

It is your responsibility to check this page periodically for changes. Where required by law, we will notify you of material changes.

Your continued use of or access to our Services following the publication of changes constitutes acceptance of those changes, where permitted by law.