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OVERVIEW
Welcome to DeskUp! The terms “we,” “us,” and “our” refer to DeskUp. DeskUp operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). DeskUp is a store powered by Shopify, which enables us to provide you with the Services.
The following Terms of Service, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use 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 consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services available in our online stores. However, please note that product colors or appearance may vary depending on the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or will be identical to what is described or displayed in our online stores.
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 any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. DeskUp reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until DeskUp confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as DeskUp may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.
Purchases may be returned or exchanged only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use only 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 at the time the order is placed and will be shown in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping and handling charges, or customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. From time to time, we may offer promotions that affect pricing and are governed by terms separate from these Terms. In the event of a conflict, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay all charges at the prices displayed, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to trademarks, trade names, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by DeskUp, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you any license or rights in DeskUp, Shopify, or third-party intellectual property. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved by DeskUp.
DeskUp names, logos, product and service names, designs, and slogans are trademarks of DeskUp or its affiliates or licensors. Shopify names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools that we do not monitor or control. You acknowledge that such tools are provided “as is” and “as available,” without warranties or endorsements. We are not liable for your use of optional third-party tools.
Your use of such tools is entirely at your own risk, and you should ensure that you understand and approve the terms under which they are provided. New features or tools added in the future shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites or materials. We are not responsible for reviewing or evaluating their content or accuracy. Accessing third-party sites is at your own risk.
We are not liable for any harm or damages related to third-party products, services, or content. Please review third-party policies before engaging in transactions. Complaints regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
DeskUp is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with DeskUp. Shopify is not responsible for any aspect of transactions between you and DeskUp. You expressly release Shopify and its affiliates from any claims arising from your transactions with DeskUp.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK], and certain information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and improve them. Information submitted may be shared with Shopify and third parties located in other countries. Please refer to our Privacy Policy for details.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
You represent and warrant that you own or have the necessary rights to the Feedback, that any compensation related to submission has been disclosed, and that the Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation, or respond.
We may monitor, edit, or remove Feedback that we deem unlawful, offensive, or in violation of these Terms. You are solely responsible for the accuracy of any Feedback you submit.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, or availability. We reserve the right to correct errors, update information, or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to engage in illegal activities, violate laws or regulations, infringe intellectual property rights, harass or harm others, transmit false information, send spam, impersonate others, distribute malware, collect personal data, or interfere with security features.
We reserve the right to suspend or terminate your account without notice if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date.
Certain sections shall survive termination, including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy Policy.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee uninterrupted, secure, or error-free use. Some jurisdictions do not allow certain disclaimers, so they may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, DeskUp, Shopify, and their affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, data loss, or replacement costs, arising from your use of the Services or products, even if advised of the possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless DeskUp, Shopify, and their affiliates from any claims arising from your breach of these Terms, violation of law, or use of the Services.
SECTION 18 – SEVERABILITY
If any provision is found unlawful or unenforceable, the remaining provisions shall remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and us and supersede prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms and any related agreements shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which DeskUp is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms at any time on this page. We reserve the right to update or modify these Terms at our discretion. Continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us by email.
DeskUp Shop
contact@deskup-shop.com