Terms and Conditions

TERMS OF USE

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OVERVIEW

This website is operated by Hbaya. Throughout the site, we use the terms “we,” “us,” and “our” to refer to Hbaya. This website, including all information, tools, and services available from or through it, is offered by Hbaya to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from our company, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms of Use”), including the terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province, or state and have given us permission to allow any minor in your care to use this site.

You must not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).

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

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

SECTION 2 – GENERAL TERMS AND CONDITIONS

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

You understand that your content (not including credit card information) may be transferred unencrypted and may 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 our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We shall not be liable if the information provided on this site is inaccurate, incomplete, or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more authoritative, accurate, complete, or current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.

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

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may be limited in quantity and 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 products appearing in the store. However, we cannot guarantee the accuracy of the colors displayed on your computer screen.
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 reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service 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, 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. If we modify or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address or phone number provided at the time of ordering. 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 in 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 information, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or manage.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranty, representation, or condition of any kind and without any endorsement. We shall not be liable for anything related to or arising from your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your discretion and risk. Furthermore, it is your responsibility to familiarize yourself with the terms and conditions under which these tools are provided by the relevant third-party provider(s) and to accept these terms and conditions.

We may also offer new services and/or features through the website in the future (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services accessible through our Service may include elements from third parties.

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

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please review the policies and practices of these third parties carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media any comments you submit to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of any comments; (2) to compensate anyone for any comments provided; or (3) to respond to any comments.

 7. We may, but are not obligated to, remove content and Accounts containing content that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Use.
You agree that your comments shall not infringe upon the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or intellectual property rights.

You further agree that your comments shall not contain any illegal, offensive, or obscene material, or any computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of the comments. You are solely responsible for all comments you make and their accuracy. We are not responsible for comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, shipping charges, delivery 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 notice (including after you have submitted your order).

 

We are under no obligation to update, modify, or clarify information contained in the Service or on any related website, including but not limited to pricing information, unless required by law. No specific date on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 – PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any local ordinance or international, federal, provincial, or state regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, certify, or represent that your use of our Service will be uninterrupted, secure, timely, or error-free.

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without 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.

Hbaya, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any services or products using it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, contractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Use or the documents they refer to, or your violation of any laws or rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without such judgment affecting the validity and enforceability of the remaining provisions.

 

ARTICLE 16 – TERMINATION

The obligations and responsibilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.

These Terms of Use shall remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, in our sole discretion, that you are not complying with or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, as a result of which we may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use or any other policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 – APPLICABLE LAW

These Terms of Use, as well as any separate agreement through which we provide you with the Services, are governed by and interpreted in accordance with the laws

ARTICLE 19 – CHANGES TO THE TERMS OF USE

You can view the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our website and the Service after any changes to these Terms of Use are posted, you agree to be bound by them.