Terms & Conditions

OVERVIEW
This website is operated by GXS STUDIOS. Throughout the
site, the terms “we”, “us” and “our” refer to GXS STUDIOS. GXS STUDIOS offers
this website, including all information, tools and services available from this
site to you, the user, subject to the following Terms of Use.

By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”). These Terms of Service apply to all users of the
site, which may be updated at any time at the digression of GXS STUDIOS. It is
your responsibility to check this page periodically for changes. You can review
the most current version of the Terms of Service at any time on this page. Any
new features or tools which are added to the current store shall also be
subject to the Terms of Service. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.

Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.

Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS
Users of all ages are welcome to browse the website
however, you may only establish an account if you are at least at the age of
majority in your state or province of residence, or have permission from a
legal guardian whom is at the majority age. You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws). You must not transmit any worms or viruses or any code of a destructive
nature.

A breach or violation of any of the Terms will result in an immediate
termination of your Services.

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

You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes 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
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express written
permission by us.

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

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting our Customer Service
team for greater assistance. Any reliance on the material on this site is at
your own risk.

This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice. Product prices may change dependent on economic factors within any
sector of our business. We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time.

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

PRODUCTS OR SERVICES
Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy.

We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. 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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online via
our social media pages, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.

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

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
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 specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
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 type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of 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 circumvent the security features
of the Service or 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 of the prohibited uses.

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 error-free.

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

You agree that from time to time we may remove the service for
indefinite periods of time 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, either 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 GXS STUDIOS, 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 any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using 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 any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law. 

INDEMNIFICATION
You agree to indemnify, defend and hold harmless GXS
STUDIOS and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
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.

SEVERABILITY
In the event that any provision of these Terms of Service
is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes.

These Terms of Service are 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 cease
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 also may
terminate this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.

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

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

GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of Victoria, Australia.