Terms of service

OVERVIEW

Welcome to XKINE.

These Terms of Service ("Terms") govern your access to and use of the XKINE website, online store, products, services, and related features (collectively, the "Services").

Throughout these Terms, the words "XKINE," "we," "us," and "our" refer to XKINE. The terms "you" and "your" refer to the person accessing or using our Services.

XKINE operates this online store using Shopify, which provides the technology that enables us to offer our Services. However, all purchases made through our store are transactions between you and XKINE.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not access or use our Services.

Please read these Terms carefully before placing an order or using our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are using our Services with the consent and supervision of a parent or legal guardian where permitted by applicable law.

When using our Services or placing an order, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide to XKINE is accurate, current, and complete, and that you will update your information when necessary.

If you create an account with XKINE, you are responsible for maintaining the confidentiality of your account information and for all activity associated with your account.

You may not use another person's account, impersonate another person, or provide false information when using our Services.

SECTION 2 - OUR PRODUCTS

XKINE designs and offers products intended for sports, training, performance, support, protection, and related activities.

We make reasonable efforts to ensure that product descriptions, specifications, images, colors, sizing information, and other product details displayed on our website are accurate.

However, the appearance of products may vary depending on your device, screen settings, lighting, photography, and other factors.

Product colors, materials, designs, specifications, availability, and other details may change from time to time without notice.

XKINE reserves the right to discontinue products, modify product designs or specifications, limit quantities, or restrict product availability to any person, geographic region, or jurisdiction where permitted by applicable law.

Product Use and Safety

XKINE products are intended to be used according to their product descriptions, instructions, sizing information, and intended purpose.

Our products are not a substitute for professional medical advice, diagnosis, or treatment.

You are responsible for selecting the appropriate product, size, and level of support for your individual needs and for using the product in accordance with any instructions provided.

If you experience pain, discomfort, injury, or other concerning symptoms while using an XKINE product, discontinue use and seek appropriate professional advice.

SECTION 3 - ORDERS

When you place an order through our store, you are submitting an offer to purchase the products in your order.

An order is not considered accepted until XKINE confirms the order or otherwise processes the transaction.

We reserve the right to refuse, limit, modify, or cancel an order when permitted by applicable law, including in situations involving pricing errors, product availability, suspected fraud, unauthorized transactions, or other circumstances that may require cancellation.

If we cancel or modify an order, we will make reasonable efforts to notify you using the contact information provided with your order.

Please review your order carefully before completing your purchase. Once an order has been accepted or processed, we may not be able to accommodate cancellation requests.

Returns and exchanges are governed by our Return Policy.

SECTION 4 - PRICES AND BILLING

All prices displayed on our website are subject to change without notice.

The price charged for a product will generally be the price displayed at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, prices may not include applicable taxes, shipping charges, customs duties, or other fees that may apply to your order.

Promotional offers, discounts, and special pricing may be subject to additional terms and conditions.

You agree to provide accurate and complete billing, payment, and contact information for all purchases made through our store.

You represent that you are authorized to use the payment method provided for your purchase.

If payment cannot be processed or a payment is reversed, XKINE reserves the right to cancel or suspend the applicable order.

SECTION 5 - SHIPPING AND DELIVERY

We will make reasonable efforts to process and ship orders within the estimated timeframes displayed on our website or provided at checkout.

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

Delivery may be affected by circumstances outside our control, including carrier delays, weather, customs processing, holidays, address errors, or other unforeseen events.

You are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered because of an incorrect or incomplete address provided by you, additional shipping charges may apply.

For more information, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

All content available through the XKINE Services, including but not limited to the XKINE name, logos, trademarks, product names, product designs, photographs, images, graphics, videos, text, product descriptions, website design, layout, and other materials, is owned by or licensed to XKINE and is protected by applicable intellectual property laws.

You may access and use our website for personal, non-commercial purposes.

You may not, without our prior written permission:

  • Copy or reproduce our content;

  • Modify or create derivative works from our content;

  • Republish or redistribute our content;

  • Use our trademarks or logos;

  • Sell or commercially exploit our content;

  • Use our product images or materials for commercial purposes; or

  • Use automated systems to systematically collect or reproduce content from our website.

All rights not expressly granted under these Terms are reserved by XKINE.

SECTION 7 - OPTIONAL AND THIRD-PARTY SERVICES

Our Services may include features, applications, payment services, shipping services, analytics tools, social media integrations, or other services provided by third parties.

Third-party services may be subject to their own terms and privacy policies.

XKINE does not control all third-party services and is not responsible for the availability, accuracy, security, or performance of third-party services that are outside our control.

Your use of third-party services is subject to the terms and conditions of the applicable third-party provider.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites, services, or platforms.

These links are provided for convenience and do not necessarily constitute an endorsement by XKINE.

XKINE does not control third-party websites and is not responsible for their content, availability, security, privacy practices, or terms.

If you choose to access a third-party website, you do so at your own risk.

SECTION 9 - SHOPIFY

XKINE uses Shopify to operate and provide the technology supporting our online store.

However, purchases made through the XKINE store are transactions between you and XKINE.

Shopify is not responsible for the products sold by XKINE, the fulfillment of orders, returns, refunds, warranties, or other aspects of the transaction between you and XKINE, except as otherwise required by applicable law.

SECTION 10 - PRIVACY

Your use of our Services is also subject to our Privacy Policy.

Our Privacy Policy explains how XKINE collects, uses, stores, and processes personal information.

Because our store is powered by Shopify, Shopify and certain service providers may process information as necessary to operate the store and provide related services.

Please review our Privacy Policy for additional information about how personal information is handled.

SECTION 11 - CUSTOMER FEEDBACK AND REVIEWS

If you voluntarily submit reviews, comments, photos, videos, suggestions, or other content to XKINE ("Feedback"), you represent that you have the right to provide that content.

By submitting Feedback, you grant XKINE a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, adapt, and distribute the Feedback in connection with our business, products, Services, and marketing, subject to applicable law.

You understand that XKINE is not obligated to publish or use any Feedback you submit.

You agree not to submit content that:

  • Violates another person's rights;

  • Infringes intellectual property rights;

  • Contains unlawful, abusive, defamatory, or misleading content;

  • Contains malicious software;

  • Impersonates another person; or

  • Violates these Terms or applicable law.

XKINE reserves the right to remove or decline to publish Feedback that violates these requirements or is otherwise inappropriate.

SECTION 12 - ERRORS AND INACCURACIES

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

XKINE reserves the right to correct errors, update information, change product details, or cancel orders affected by inaccurate information, including after an order has been submitted, where permitted by applicable law.

We are not obligated to update information on our website unless required by law.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You agree not to use our Services to:

  • Violate any applicable law or regulation;

  • Infringe the intellectual property rights of XKINE or others;

  • Commit fraud or engage in deceptive conduct;

  • Attempt to gain unauthorized access to our systems;

  • Upload or transmit malicious software;

  • Interfere with the operation or security of our website;

  • Collect or misuse personal information belonging to others;

  • Scrape, copy, reproduce, or systematically collect website content without permission;

  • Impersonate another person or entity;

  • Submit false or misleading information; or

  • Engage in conduct that may harm XKINE, our customers, our website, or third parties.

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

SECTION 14 - TERMINATION

We may suspend or terminate your access to our Services, or restrict access to certain features, when permitted by applicable law.

Termination will not affect rights or obligations that arose before termination or provisions that are intended to survive termination.

Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and other provisions that by their nature should survive termination will remain effective.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, our Services are provided on an "AS IS" and "AS AVAILABLE" basis.

XKINE does not guarantee that the Services will always be uninterrupted, secure, timely, or error-free.

We do not guarantee that information provided through our website will always be complete, accurate, or current.

Nothing in these Terms is intended to exclude or limit any warranty, right, or remedy that cannot lawfully be excluded or limited under applicable law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, XKINE and its affiliates, officers, directors, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our Services or products, except where such liability cannot legally be excluded.

This includes, where permitted by law, loss of profits, revenue, data, business opportunities, or other intangible losses.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

SECTION 17 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless XKINE and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, liabilities, damages, and reasonable expenses arising from:

  1. Your violation of these Terms;

  2. Your violation of applicable law or the rights of another person; or

  3. Your misuse of our Services or products.

This provision does not apply to the extent that a claim results from XKINE's own unlawful conduct or liability that cannot legally be excluded.

SECTION 18 - 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 the remaining provisions will continue in full force and effect.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

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

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies referenced on our website, constitute the agreement between you and XKINE regarding your use of our Services.

These Terms supersede any prior or contemporaneous agreements or communications relating to the same subject matter.

SECTION 20 - ASSIGNMENT

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

XKINE may assign or transfer its rights and obligations under these Terms as permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms and any separate agreements through which XKINE provides Services shall be governed by the applicable laws of the jurisdiction in which XKINE is legally established, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute arising from or relating to these Terms or your use of the Services will be subject to the applicable courts having jurisdiction over the matter.

SECTION 22 - CHANGES TO THESE TERMS

We may update or modify these Terms from time to time.

The most current version will be posted on this page with the updated effective date, where applicable.

Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

We encourage you to review these Terms periodically.

SECTION 23 - CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

XKINE

Email: xkine@foxmail.com

Website: XKINE Online Store

For questions regarding returns, please refer to our Return Policy.

For questions regarding shipping and delivery, please refer to our Shipping Policy.