TERMS

1. OXYGNIS
2. TERMS & CONDITIONS

These terms and conditions ("Agreement") set forth the general terms and conditions for your use of the oxygnis.com website ("Site") and any related products and services (collectively, the "Services"). This agreement is legally binding between you ("User", "you" or "your") and OXYGNIS CO., LIMITED ("OXYGNIS CO., LIMITED", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you enter into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this agreement, in which case the term "user", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, then you may not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and OXYGNIS CO., LIMITED, even though it is electronic and you do not physically sign it, and that it governs your use of the Services.

Accounts and Memberships

If you create an account on the Services, you are responsible for maintaining the security of your account and are solely responsible for all activities that occur under your account and any other actions related to it. We may, but are not obliged to, monitor and review new accounts before you log in and begin using the Services. Providing false contact information of any kind may result in termination of your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including damages of any kind caused by such acts or omissions. We may suspend, disable or delete your account (or any portion thereof) if we determine that you have violated any provision of this agreement or that your actions or content may damage our reputation and goodwill. If we delete your account for the reasons listed above, you may not be able to re-register for our services. We may block your e-mail address and Internet Protocol address to prevent further registrations.

Billing and Payment

You shall pay all fees or charges to your account in accordance with the Fees, Charges and Billing Terms in effect at the time the fees or charges became due and payable. Sensitive and private data exchange takes place over SSL secure communication channels, encrypted and protected with digital signatures. The service is also PCI Vulnerability compliant in order to create the safest possible environment for users. We perform regular malware scans for extra security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will ask you to provide us with a copy of a valid government-issued photo ID. A copy of a recent bank statement for the credit or debit card used may also be required. We reserve the right to change products and product pricing at any time. We also 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, same credit card and/or using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when placing your order.

Accuracy of Information

From time to time, information about the Services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to cancel orders at any time without notice (including after you submit an order) if any information about or about the Services is inaccurate. We undertake no obligation to update, revise or clarify information on the Services, including without limitation pricing information, unless required by law. The specified update or refresh date applied to the Service should not be taken to indicate that the Service or all information on the Service has been modified or updated.

Links to Other Resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any approval, association, sponsorship, endorsement or affiliation with any linked resource, except as specifically stated herein. We are not responsible for examining or evaluating the products of any business or individual or the content of their resources, nor do we warrant them. We disclaim all responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal notices and other conditions of use of any resources you access through links on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited Uses

Except as otherwise set forth in the Agreement, you may not use the Services or Content to: (a) use for any unlawful purpose; (b) solicit others to do or participate in any unlawful act; (c) violate any international, federal, provincial or state law; statutes, rules, laws or local ordinances; (d) infringe or violate our intellectual property rights or those of others; (e) harass, abuse, insult, hurt, defame, libel, demean, intimidate or discriminate; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code which will or may be used in any way, affect Services, third-party products and services, or the functionality or operation of the Internet; (h) spam, phishing, medicine, pretexting, spidering, crawling or scraping; (i) for any obscene or immoral purpose; (j ) interfere with or circumvent the security features of the Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Services for your violation of any prohibited use.

Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property rights owned by OXYGNIS CO., LOMITED or third parties, and all right, title and interest in and to such property will be reserved (as between the parties) solely by OXYGNIS CO., LOMITED. All trademarks, service marks, graphics and logos related to the Services are trademarks or registered trademarks of OXYGNIS CO., LOMITED or its licensors. Other trademarks, service marks, graphics and logos associated with the Services may be trademarks of other third parties. Your use of the Services does not grant you any right or license to reproduce or otherwise use any OXYGNIS CO., LOMITED or third party trademarks.

Disclaimer

You agree that such services are provided on an "as is" and "as available" basis and that your use of the services is entirely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free. Nor do we make any warranty that results that may be obtained from the use of the Services or that any information obtained through the Services will be accurate or reliable or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. And you will be solely responsible for any damage or loss of data and/or data that results from the download of such material. Unless otherwise stated, we make no warranties with respect to any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No oral or written advice or information obtained by you from us or through the Services shall create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will OXYGNIS CO., LIMITED, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of OXYGNIS CO., LIMITED and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to OXYGNIS CO., LIMITED for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold OXYGNIS CO., LIMITED and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Changes and Corrections

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective when an updated version of this Agreement is posted on the Services. When we do so, we will revise the updated date at the bottom of this page. Continued use of the Services following any such changes constitutes your agreement to such changes.

Acceptance of These Terms

You acknowledge that you have read this agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contact Us

If you would like to contact us to learn more about this Agreement, or to contact us regarding any matter relating to it, you can send an email to sales@oxygnis.com.

This document was last updated on February 16, 2023