TERMS AND CONDITIONS
COLLEGEHUGZ TERMS AND CONDITIONS
1. OVERVIEW OF THESE CONDITIONS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of the CollegeHugs services and platforms, including your purchase of items through our website and your use of all our social media channels (collectively, our “Services”). Additional terms and conditions may apply when you use certain parts of our Services. Please read all the terms and conditions before purchasing from CollegeHugz.
In these Conditions, “CollegeHugz” or “we” or “us” or “our” refers to CollegeHugz and subsidiaries while “you” or “user” or “your” refers to anyone accessing our website and/or purchasing items through it.
Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.
2. MODIFICATIONS
Modifications to these Conditions: CollegeHugz reserves the right, at our discretion or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time-to-time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any modification to these Conditions will take effect by posting the modified portion to this page and updating the Last Updated date above. You are obligated to frequently review these Conditions to watch out for modifications to it.
Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the items and modifying or introducing a feature on the website. If we change the price of any item, such a price will not affect you if you have already placed an order for such an item prior to the changes.
3. USER REPRESENTATIONS AND WARRANTIES
By using our Services, you represent to us that:
i. You are of legal age (usually 18 in most countries) or that your use of our Services is with the help of a parent/legal guardian (if you are below the legal age of majority);
ii. You are able to be bound by these Conditions;
iii. Your use of our Services does not violate any relevant law or regulation of your location;
iv. The information you have submitted or will submit regarding your order is or will be accurate and complete; and
v. Any review you send to us regarding your orders will be an honest review
Furthermore, you warrant to us that we have the right to rely on the payment and shipping information you submitted or will submit and that we may also send you notices regarding your orders via your email address, including but not limited to, for surveys, reviews, and follow-up chats regarding the order.
You hereby agree that any agreement, notice, disclosure, or other communications that we send to you via electronic means will satisfy any legal communication requirements.
4. ORDERS AND PAYMENTS
Placing orders on the website: To purchase an item on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any item via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that item.
Pricing: The items on the website are available in the US Dollars (USD) and are exclusive of the relevant Sales Tax, shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the price of the item upon checkout. The total fees for your order shall be listed in your order details, which includes VAT, shipping fees (if applicable), and shipping duties.
Payments: You may pay for any item using the available payment methods during order checkout. The supported payment methods include Credit Cards such as American Express, MasterCard, and Visa. When you submit the relevant payment information, your payment method will immediately be charged after placing the order. By placing an order via the website and by submitting your payment information, you agree to be charged for the relevant charges as described in the order details. You also agree to our use of your payment information and other information we collect as described in our Privacy Policy.
5. ACCOUNT REGISTRATION
To use certain features of our Services, you may be required to register for an account. When creating an account, you must provide accurate, complete, and current information as prompted by the registration form. You agree to update such information as necessary to ensure it remains accurate, complete, and current.
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Each user is permitted to register for only one account. Multiple accounts for the same person, including those using alternate emails or other methods to create additional accounts, are strictly prohibited. Any violation of this policy may result in the suspension or termination of all associated accounts.
We reserve the right to terminate or suspend your account at any time if we suspect any fraudulent, abusive, or unlawful activity or if you violate any provision of these Conditions. Upon termination, your right to use the Services will cease immediately.
6. ERRORS, OMISSIONS AND INACCURACIES
The information on the website may, on some occasions, contain errors, omissions, and inaccuracies in connection to the description of products, prices, charges, shipping details, and estimations. CollegeHugz reserves the right to correct such errors, omissions, and inaccuracies, and to update or change information or cancel and update your orders if there is any inaccurate information in your order without notice to you, including after you have placed your order with us.
7. DELIVERY OF ITEMS AND RISK OF LOSS
The item(s) you have placed an order for will be delivered to any shipping address you provided through the billing and shipping page. You are responsible for providing accurate shipping information to enable a prompt and successful delivery of your item(s). To know more about the shipping and delivery of your item(s), please see our Shipping and Delivery page.
The title and risk of loss are automatically passed to you upon successful shipping of your item(s). If your item(s) gets lost due to wrong shipping information provided by you, the liability will be yours to bear. CollegeHugz will not be liable to you if an item gets lost or damaged after a successful delivery or the item gets lost due to the wrong shipping information you submitted during order checkout.
Furthermore, all notices regarding your order and its delivery will be passed across to you via your email address. You are obligated to provide a valid email address during order checkout. We will not be responsible for the lack of information due to an invalid or wrong email address submitted by you.
8. RETURN AND REFUNDS
If the item(s) in your order is damaged in transit or does not match the items you placed an order for, you may return the item(s) to us within 30 days after delivery and we will either issue a refund or replace the item(s) within 30 days with the terms and conditions below:
i. All items must be checked upon delivery in the presence of the delivery agent. If any damage or issue is noticed, the recipient must sign for it or outrightly refuse the delivery. You must inform us of any issue with the order and all the packaging must be intact for you to make a claim. To expedite the reporting process, you should take a picture of the issue or damage and send it through our Contact page.
ii. If an item is subject to a replacement, a similar item will be replaced with it. Under no circumstances will an item be replaced with a different item.
iii. If an item is undamaged or without issues, you will not be entitled to a replacement.
You are responsible for any and all shipping charges that incur during the return process if the item(s) in your order have not been damaged in transit or if they match the items you placed an order for.
9. RESTRICTED ACTIVITIES
By using the website and Services, you agree to stay away from the following restricted activities:
i. Purchasing items through the website for commercial purposes, including by reselling them;
ii. Attempting to disrupt or disrupting the operation of the website in order to disrupt the networks or servers connected to it;
iii. Interfering with our Intellectual Property (defined below) in any way that is not specified in these Conditions;
iv. Attempting to co-brand or frame the website and the contents available on it;
v. Attempting to mislead or trick CollegeHugz in order to obtain sensitive or proprietary information;
vi. Making attempts to gain unauthorized access to any part of the website or trying to manipulate a price attached to any item; and/or
vii. Making use of the website in any way that is likely to damage, negatively impact, or disparage CollegeHugz or the individual receiving the item(s).
10. PRIVACY POLICY
College Hugz cares about the information collected from you and your privacy. Any information you share with us when you place an order through the website, including shipping, payment, and other personal information are collected for specific purposes. The information you submit is governed by our Privacy Policy, which describes our processing activities regarding your information (data). By submitting information when you order through the website, you agree to how we process your information as described in our Privacy Policy.
11. INTELLECTUAL PROPERTY
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to CollegeHugz and are subject copyright, trademark, and other intellectual property rights under the United State of America (“USA”), foreign laws, and international conventions. The Website Content include, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of CollegeHugz in USA and other parts of the world. The CollegeHugz trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to cause confusion. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
CollegeHugz provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
12. LIMITED LICENSE
Subject to your compliance with these Conditions, CollegeHugz hereby grants you a limited, non-transferable, non-exclusive, sub-licensable license to use the website and the Website Content for your personal and non-commercial use only.
However, the license granted hereunder does not include: (i) the resale of any items purchased from us; (ii) the copying or downloading of our product listing, product description, and prices; (iii) the extraction of data through data-gathering and extraction tools such as bots and miners; and (iv) the removal or erasure of any Intellectual Property or Website Content available on the website or any of our platforms.
13. SUBMISSIONS (REVIEWS)
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages, email address, and web pages. By sending us reviews, you agree that the moral rights you have over the review have been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
1. Inaccurate, false, or misleading;
2. Reflective of a paid-for review;
3. Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
4. Offensive, threatening, racial, or libelous; or
5. Contain any computer worms, virus, or other computer programs that are able to damage the website, or any network connected to it.
14. TERMINATION OF THESE CONDITIONS
CollegeHugz reserves the right to terminate these Conditions at any time for any reason, including for breach of the provisions in these Conditions or failure of the user to carry out their obligations.
Once these Conditions is terminated by us, any outstanding orders will be terminated/cancelled and the price paid to us refunded (if paid) – provided the item has not been delivered to the user.
15. DISCLAIMER
Although we ensure that the website and our services are provided to you with accuracy and without errors; however, we cannot, at all times, guarantee these. Therefore, the website, website content, products, and the rest of our services are provided on an “as-is” and “as available” basis. CollegeHugz does not warrant, guarantee, or make any representations regarding the use, the items, and website content in terms of availability, accuracy, reliability, currentness, completeness, functionality, and intended purpose. We further do not represent or warrant that the website and our services will always be without errors, be uninterrupted or that it will meet your expectations.
The total risk as to the quality and functionalities of the website is with you. For the avoidance of doubt, CollegeHugz, at this moment, disclaims all warranties (express or implied), including but not limited to, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
16. LIMITATION OF LIABILITY
On no circumstances shall CollegeHugz be liable to you or any third party for (I) any loss or damages you may suffer due to breaches that were not caused by us, (ii) any loss of profit, revenue, data, goodwill or other business losses, (iii) indirect or consequential losses that we or you was not able to foresee when you started using our services.
Furthermore, CollegeHugz shall not be liable for any failure of delay to perform our obligations as described under these conditions if such failure or delay is as a result of circumstances which are beyond our reasonable control such as severe weather conditions, internet breakdowns, war, acts of god, government embargo, and website maintenance.
However, this does not affect your legal rights regarding the right to receive your ordered items or get a refund where applicable.
Certain state/country laws do not permit some or all of the limitations stated above. If these laws apply to you, some or all of the limitations above may not apply to you, and you may have additional rights.
17. INDEMNITY
By purchasing through the website, you hereby release, discharge, hold harmless, defend and indemnify CollegeHugz and affiliates from and against any loss, damages, expenses, claims, and demands arising from or relating to any breach of these Conditions, including but not limited to, breaches arising from your use of the Website Content, your use of our Services, and your representations and warranties.
18. GOVERNING LAW AND JURISDICTION
These Conditions and any dispute arising out of your use of the website and our Services shall be governed by the law of the State of New York. You hereby submit to the courts in the State of New York as the jurisdiction.
19. ENTIRE AGREEMENT
These Conditions represent the entire agreement and understanding between you and us, and it supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.
20. ASSIGNMENT
You may not assign your rights and obligations under these Conditions to a third party without our written consent. We, on the other hand, reserve the right to assign our rights and obligations hereunder to contractors and subcontractors to carry out tasks on our behalf.
21. SEVERABILITY
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
22. WAIVER
A failure to exercise or enforce our right at a point upon your breach of these Conditions does not subsequently waive our right to exercise or enforce such right on similar or other breaches.
23. ELECTRONIC COMMUNICATION
Your use of our Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.