Terms of service
Terms of Service
Overview
Welcome to HELLCAST! The terms “we,” “us,” and “our” refer to HELLCAST. HELLCAST 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 (the “Services”). HELLCAST is powered by Shopify, which enables us to provide the Services to you. These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including 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, you should not use or access our Services.
Section 1 — Access and Account
You represent that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependents using the Services on devices you own or manage. You may be asked to provide information such as your email, billing, payment and shipping details, and you represent that all information you provide is correct, current and complete. You are responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to anyone else.
Section 2 — Our Products
We make every effort to represent our products accurately, but colors and appearance may differ from how they appear on your screen. We do not warrant that the appearance or quality of any product will meet your expectations or match what is depicted online. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. HELLCAST reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment first. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent that your purchases are for 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 will be the price in effect at the time the order is placed, as set out in your order confirmation. Unless stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information, and you represent that the payment information you provide is true and that you are authorized to use it.
Section 5 — Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
Our Services — including all trademarks, brands, text, displays, images, graphics, reviews, video, audio, and their design, selection and arrangement — are owned by HELLCAST, its affiliates or licensors, and are protected by U.S. and foreign intellectual property laws. These Terms permit personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services without our prior written consent. The HELLCAST name, logo, product and service names, designs and slogans are trademarks of HELLCAST or its affiliates, and may not be used without permission. All other trademarks are the property of their respective owners.
Section 7 — Optional Tools
Third-party customer tools provided through the Services are offered “as is” and “as available” without warranties, and we have no liability arising from your use of them. Any use is at your own risk.
Section 8 — Third-Party Links
The Services may contain links to third-party websites. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access or purchases on such sites. Review their policies before transacting.
Section 9 — Relationship with Shopify
HELLCAST 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 HELLCAST. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and HELLCAST, including any injury, damage, or loss resulting from purchased products, and you release Shopify and its affiliates from all related claims.
Section 10 — Privacy Policy
All personal information we collect is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them.
Section 11 — Feedback
If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use. You represent that you own or have all rights to the Feedback, that you have disclosed any compensation received, and that it complies with these Terms. We have no obligation to keep Feedback confidential, pay for it, or respond to it, and may remove any Feedback we deem objectionable.
Section 12 — Errors, Inaccuracies and Omissions
The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct them and to change information or cancel orders at any time without prior notice, including after you have submitted your order.
Section 13 — Prohibited Uses
You may use the Services for lawful purposes only. You may not use them for any unlawful or malicious purpose; to violate any laws; to infringe intellectual property; to harass or harm others; to transmit false or misleading information or spam; to impersonate others; to upload malware; to reproduce, resell or exploit any portion of the Services; to collect others’ personal information; to scrape or use automated tools or AI agents to access the Services; or to circumvent our security measures. We may suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.
Section 14 — Agents
These Agent Terms apply if you deploy any software or service that takes autonomous or semi-autonomous action to access the Services. Agents must identify themselves in all HTTP/HTTPS requests (via an “Agent/[agent name]” user-agent string), must not conceal that interactions come from an Agent, must respond truthfully when asked whether they are human or computer, and must not circumvent measures controlling Agent access. We may limit, including by technical measures, whether and how any Agent accesses the Services, and may request that an Agent refrain from doing so.
Section 15 — Termination
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due through the termination date. The sections on Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy Policy survive termination.
Section 16 — Disclaimer of Warranties
Information on the Services is provided for general information only; we do not warrant its accuracy, completeness or usefulness. Except as expressly stated by HELLCAST, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow such disclaimers, so they may not apply to you.
Section 17 — Limitation of Liability
To the fullest extent provided by law, in no case shall HELLCAST, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including lost profits, lost revenue, lost data, or replacement costs — arising from your use of the Services or any products, even if advised of their possibility.
Section 18 — Indemnification
You agree to indemnify, defend and hold harmless HELLCAST, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
Section 19 — Severability
If any provision of these Terms is found unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable portion severed, without affecting the validity of the remaining provisions.
Section 20 — Waiver; Entire Agreement
Our failure to enforce any right or provision is not a waiver of it. These Terms and any posted policies constitute the entire agreement between you and us, superseding any prior agreements. Ambiguities will not be construed against the drafting party.
Section 21 — Assignment
You may not delegate, transfer or assign these Terms or your rights without our prior written consent, and any attempt is void. We may transfer or assign these Terms and our rights and obligations without consent or notice.
Section 22 — Governing Law
These Terms are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where HELLCAST is headquartered, and you consent to venue and personal jurisdiction there.
Section 23 — Headings
Headings are for convenience only and do not affect these Terms.
Section 24 — Changes to Terms of Service
You can review the most current version at any time on this page. We reserve the right to update or replace any part of these Terms by posting changes to our website; it is your responsibility to check periodically. Your continued use of the Services after changes are posted constitutes acceptance.
Section 25 — Contact Information
Questions about these Terms of Service should be sent to us at contact@bagital.com.