Terms of service

OVERVIEW

Welcome to Water Punch! The terms "we", "us" and "our" refer to Water Punch. Water Punch 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, referred to as the "Services". Water Punch is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein, referred to as 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 represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

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

SECTION 2, OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device you use, your display settings or other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly the same as depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region or jurisdiction on a case by case basis.

SECTION 3, ORDERS

When you place an order, you are making an offer to purchase. Water Punch reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Water Punch confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Water Punch may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own 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 or service will be the price in effect when the order is placed and will be shown in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties.

We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5, SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, holidays or other circumstances outside our reasonable control.

If an order is lost or damaged during transit, please contact us in accordance with our Shipping Policy so we can review the issue and work with the shipping carrier when appropriate.

SECTION 6, INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement of such materials, are owned by Water Punch, its affiliates or licensors and are protected by applicable United States and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, noncommercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Water Punch, Shopify or any third party.

Unauthorized use of the Services may violate federal, state or other intellectual property laws. All rights not expressly granted are reserved by Water Punch.

Water Punch names, logos, product and service names, designs and slogans are trademarks of Water Punch or its affiliates or licensors. You must not use such trademarks without prior written permission from Water Punch.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans are trademarks of their respective owners.

SECTION 7, OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.

We shall have no liability 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. You should ensure that you are familiar with and approve of the terms on which the relevant third party provider offers those tools.

We may also offer new features through the Services in the future. Such features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8, THIRD PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third party functionality.

We are not responsible for examining or evaluating the content or accuracy of third party materials or websites you choose to access.

If you leave the Services to access third party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third party websites or your purchase or use of products, services, resources or content on third party websites.

Please carefully review the policies and practices of third parties before engaging in a transaction.

Complaints, claims, concerns or questions regarding third party products and services should be directed to the relevant third party.

SECTION 9, RELATIONSHIP WITH SHOPIFY

Water Punch 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 Water Punch.

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

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Water Punch.

SECTION 10, PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

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

Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside in order to provide services to you.

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

SECTION 11, FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as "Feedback", you grant us a perpetual, worldwide, sublicensable and royalty free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

We may use these rights to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates another party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You are solely responsible for Feedback you submit and its accuracy.

SECTION 12, ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13, PROHIBITED USES

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

You may not access or use the Services, directly or indirectly, for unlawful or malicious purposes, to violate applicable laws, to infringe intellectual property rights, to harass or harm another person, to transmit false or misleading information, to distribute spam or harmful material, to impersonate another person or entity, or to engage in conduct that may harm Water Punch, Shopify or users of the Services.

You also agree not to upload or transmit viruses or malicious code, reproduce or exploit portions of the Services without authorization, collect or track personal information of others, engage in phishing or similar activity, use unauthorized automated tools to access the Services, or interfere with or bypass security or authorization measures.

We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms.

SECTION 14, AGENTS

This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

An "Agent" means software or a service that takes autonomous or semi autonomous action on behalf of or at the instruction of a person or entity and can operate without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with the requirements described in this section.

We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

Agents must identify themselves in HTTP or HTTPS requests, must not conceal that interactions are coming from an Agent, must not mimic human behavior in order to bypass restrictions, must respond truthfully when asked whether an interaction is coming from a human or computer, and must not circumvent measures designed to control Agent access.

SECTION 15, TERMINATION

We may terminate this agreement or your access to the Services, or any portion of the Services, in our sole discretion at any time without notice.

You will remain liable for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy Policy.

SECTION 16, DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of this information.

Any reliance you place on such information is at your own risk.

Except as expressly stated by Water Punch, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, durability, title and noninfringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error free.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17, LIMITATION OF LIABILITY

To the fullest extent permitted by law, Water Punch, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, shall not be liable for injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Services or products purchased through the Services.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

SECTION 18, INDEMNIFICATION

You agree to indemnify, defend and hold harmless Water Punch, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising from your breach of these Terms, your violation of law or the rights of another party, or your access to and use of the Services.

We will notify you of an indemnifiable claim when appropriate.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle a claim requiring nonmonetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19, SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms of Service, and the determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20, WAIVER, ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on the site constitute the entire agreement and understanding between you and Water Punch and govern your use of the Services.

They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Water Punch.

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

SECTION 21, ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent. Any unauthorized attempt to do so will be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22, GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable federal and state laws in the jurisdiction where Water Punch is headquartered.

You and Water Punch consent to venue and personal jurisdiction in the applicable courts of that jurisdiction.