Terms & Conditions

OVERVIEW

This website is run by Infinite Waves HK Holding Limited. Across the site, the words “we”, “us” and “our” refer to Commense. Commense makes this website available to you, including the information, tools and services provided here, on the condition that you accept all terms, conditions, policies and notices stated on this page.

By visiting our website and/or buying something from us, you use our “Service” and agree to follow these terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced here or accessible by hyperlink. These Terms of Service apply to every site user, including, without limitation, browsers, vendors, customers, merchants and/or content contributors.

Please review these Terms of Service carefully before accessing or using our website. By accessing or using any portion of the site, you agree to be bound by these Terms of Service. If you do not accept every term and condition in this agreement, you may not access the website or use any services. If these Terms of Service are treated as an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be governed by the Terms of Service. You may view the most current version of the Terms of Service at any time on this page. We reserve the right to revise, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to review this page periodically for changes. Your continued use of, or access to, the website after changes are posted means you accept those changes.

Our store is hosted by Shopify Inc. Shopify provides the online e-commerce platform that allows us to offer our products and services to you.

SECTION 1 - ONLINE SHOP TERMS

By accepting these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us permission to allow any minor dependents of yours to use this site.

You may not use our products for any unlawful or unauthorized purpose, and you may not, while using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not send any worms, viruses or code of a destructive nature.

Any breach or violation of the Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL TERMS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content, excluding credit card information, may be transferred without encryption and may involve transmissions over different networks and changes made to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are provided for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, more complete or more timely information sources. Any reliance on material from this site is at your own risk.

This site may include certain historical information. Historical information is, by nature, not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not required to update any information on our site. You agree that monitoring changes to our site is your responsibility.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products may change without notice.

We reserve the right, at any time, to modify or discontinue the Service, or any part or content of it, without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and may be returned or exchanged only according to our Return Policy.

We have made every effort to show the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that your computer monitor will display any color accurately.

We reserve the right, although we are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may use this right on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All product descriptions or product prices may change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any Service errors will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These limits may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may try to notify you by contacting the email and/or billing address or phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, seem to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for every purchase made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.

For additional details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to those tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We will have no liability whatsoever 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, and you should make sure you are familiar with and approve the terms under which the relevant third-party provider(s) supply those tools.

We may also offer new services and/or features through the website in the future, including new tools and resources. Those new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may send you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other third-party materials, products or services.

We are not liable for any harm or damages connected with the purchase or use of goods, services, resources, content or any other transactions made through third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, such as contest entries, or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively called “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you send to us in any medium. We are under no obligation to keep any comments confidential, to pay compensation for any comments, or to respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these 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 rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website in any way. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the comments you make and for their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No stated update or refresh date in the Service or on any related website should be understood to mean that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to ask 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 upon or violate our intellectual property rights or the intellectual property rights of others; (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 submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in a way that affects the functionality or operation of the Service, any related website, other websites or the Internet; (h) to collect or track the 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 bypass the security features of the Service, any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or free from errors.

We do not warrant that the results obtained from using the service will be accurate or reliable.

You agree that, from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Commense, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any part of the service or any products procured through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred from use of the service or any content or product posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Commense and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be treated as severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement for all purposes.

These Terms of Service remain effective unless and until terminated by either 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 when you stop using our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our Services or any part of them.

SECTION 17 - ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any earlier versions of the Terms of Service.

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

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services will be governed by and interpreted in accordance with the laws of Hong Kong.

SECTION 19 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any portion 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 the Service after changes to these Terms of Service are posted means you accept those changes.