Terms of service

OVERVIEW
This website is operated by nexttopthetop. Throughout the site, the terms "we", “us"and "our" refer to nexttopthetop. nexttopthetop offers this website, including all information,tools and services available from this site 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 us, you engage in our"Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors ,customers, merchants, and or contributors of content.

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. lf 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.

Any new features or tools which are added to the current store shall also be subiect to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update,change or replace any part of these Terms of Service by posting updates and/or changes to our website. lt is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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.

SECTION 1-ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least theage of majority in your state or province of residence, or that you are the age ofmajority in your state or province of residence and you have given us yourconsent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor mayyou, in the use of the Service, violate any laws in your jurisdiction (including butnot 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 terminationof your services.

SECTION 2-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), maybe transferred unencrypted and involve (a)transmissions over various networksand (b) changes to conform and adapt to technical requirements of connectincnetworks or devices. Credit card information is always encrypted during transteover networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion ofthe Service, use of the Service, or access to the Service or any contact on thewebsite through which the service is provided, without express writtenpermission by us.

The headings used in this agreement are included for convenience only and wilnot limit or otherwise affect these Terms

SECTION 3-ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accuratecomplete or current. The material on this site is provided for general informationonly and should not be relied upon or used as the sole basis for makingdecisions without consulting primary, more accurate, more complete or moretimely sources of information. Any reliance on the material on this site is at yourown risk.

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

SECTION 4-MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any partor content thereof)without notice at any time.

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

SECTION 5-PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through thewebsite. These products or services may have limited quantities and are subjectto return or exchange only according to our Return Policy.

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

We reserve the right, but are not obligated, to limit the sales of our products orServices to any person, geographic region or jurisdiction. We may exercise thisright on a case-by-case basis. We reserve the right to limit the quantities of anyproducts or services that we offer. All descriptions of products or product pricinaare subject to change at anytime without notice, at the sole discretion of us. Wereserve the right to discontinue any product at any time. Any offer for anyproduct or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, orother material purchased or obtained by you will meet your expectations, or thatany 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, in our solediscretion, limit or cancel quantities purchased per person, per household or perorder. These restrictions may include orders placed by or under the samecustomer account, the same credit card, and/or orders that use the same billingand/or shipping address. In the event that we make a change to or cancel anorder, we may attempt to notify you by contacting the email and/or billingaddress phone number provided at the time the order was made. We reserve theright to limit or prohibit orders that, in our sole judgment, appear to be placed bydealers,resellers or distributors.

You agree to provide current, complete and accurate purchase and accountinformation for all purchases made at our store. You agree to promptly updateyour account and other information, including your email address and creditcard numbers and expiration dates, so that we can complete your transactionsand contact you as needed.
For more detail, please review our Returns Policy.

SECTION7-OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neithermonitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "asavailable" without any warranties, representations or conditions of any kind andwithout any endorsement. We shall have no liability whatsoever arising from orrelating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your ownrisk and discretion and you should ensure that you are familiar with and approveof the terms on which tools areprovided by the relevant third-party provider(s) relevant third-party provider(s).

We may also, in the future, offer new services and or features through thewebsite (including, the release of new tools and resources). Such new featuresand or services shall also be subject to these Terms of Service.

SECTION 8-THIRD-PARTY LINKS
Certain content, products and services available via our Service may includematerials from third-parties.

Third-party links on this site may direct you to third-party websites that are notaffiliated with us. we are not responsible for examining or evaluating the contentor accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or for any othermaterials,products,or services of third-parties.

We are not liable for any harm or damages related to the purchase or use ofgoods, services, resources, content, or any other transactions made inconnection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before youengage in any transaction.Complaints, claims, concerns, or questions regardingthird-party products should be directed to the third-party.

SECTION 9-USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contestentries) or without a request from us you send creative ideas, suggestions,proposals, plans, or other materials, whether online, by email, by postal mail, orotherwise (collectively, comments ), you agree that we may, at any time, withoutrestriction, edit, copy, publish, distribute, translate and otherwise use in anymedium any comments that you forward to us. We are and shall be under noobligation (1)to maintain any comments in confidence; (2) to pay compensationfor any comments; or(3)to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that wedetermine in our sole discretion are unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violates anyparty's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-partyincluding copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not contain libelous or therwise unlawful, abusive or obscene material, or contain any computervirus or other malware that could in any way affect the operation of the Serviceor any related website. You may not use a false e-mail address, pretend to besomeone other than yourself, or otherwise mislead us or third-parties as to theorigin of any comments. You are solely responsible for any comments you makeand their accuracy. We take no responsibility and assume no liability for anycomments posted by you or any third-party.

SECTION 10-PERSONAL INFORMATION

Your submission of personal information through the store is governed by ourPrivacy Policy. To view our Privacy Policy.

SECTION 11-ERRORS,INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that containstypographical errors, inaccuracies or omissions that may relate to productdescriptions, pricing, promotions, offers, product shipping charges, transit timesand availability. We reserve the right to correct any errors, inaccuracies oromissions, and to change or update information or cancel orders if anyinformation in the Service or on any related website is inaccurate at any timewithout prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied in the Service or on any related website, should be taken to indicate thatall information in the Service or on any related website has been modified orupdated.

SECTION 12-PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you areprohibited from using the site or its content: (a) for any unlawful purpose; (b) tosolicit others to perform or participate in any unlawful acts; (c) to violate anyinternational, federal, provincial or state regulations, rules, laws, or localordinances; (d)to infringe upon or violate our intellectual property rights or theintellectual property rights of others; (e) to harass, abuse, insult, harm, defame,slander, disparage, intimidate, or discriminate based on gender, sexualorientation, religion, ethnicity, race, age, national origin, or disability; (f) tosubmit false or misleading information; (g) to upload or transmit viruses or anyother type of malicious code that will or may be used in any way that will affectthe functionality or operation of the Service or of any related website, otherwebsites, or the internet; (h)to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for anyobscene or immoral purpose; or (k)to interfere with or circumvent the securityfeatures of the Service or any related website, other websites, or the internet. Wereserve the right to terminate your use of the Service or any related website forviolating any of the prohibited uses.

SECTION 13-DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure or error-free.

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

You agree that from time to time we may remove the service for indefiniteperiods 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 solerisk. The service and all products and services delivered to you through theservice are (except as expressly stated by us) provided 'as is and 'as availablefor your use, without any representation, warranties or conditions of any kindeither express or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purposedurability, title, and non-infringement.

In no case shall Vivinade, our directors, officers, employees, affiliates, agentscontractors, interns, suppliers, service providers or licensors be liable for anyinjury, loss, claim, or any direct, indirect, incidental, punitive, special, orconsequential damages of any kind, including, without limitation lost profits, lostrevenue, lost savings, loss of data, replacement costs, or any similar damageswhether based in contract, tort (including negligence), strict liability orotherwise, arising from your use of any of the service or any products procuredusing the service, or for any other claim related in any way to your use of theservice or any product, including, but not limited to, any errors or omissions inany content, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because some statesor jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liabilityshall be limited to the maximum extent permitted by law.

SECTION 14-INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vivinade and our parent,subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors.service providers, subcontractors, suppliers, interns and employees, harmlessfrom any claim or demand, including reasonable attorneys' fees, made by anythird-party due to or arising out of your breach of these Terms of Service or thedocuments they incorporate by reference, or your violation of any law or therights of a third-party.

SECTION15-SEVERABILITY

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

SECTION 16-TERMINATION

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

These Terms of Service are effective unless and until terminated by either you orus. You may terminate these Terms of Service at any time by notifying us thatyou 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 complywith any term or provision of these Terms of Service, we also may terminate thisagreement at any time without notice and you will remain liable for all amountsdue up to and including the date of termination; and or accordingly may denyyou access to our Services(or any part thereof)

SECTION 17-ENTIRE AGREEMENT

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

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

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

SECTION18-GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide youServices shall be governed by and construed in accordance with the laws ofHong Kong.

SECTION 19-CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time atthis page.
We reserve the right, at our sole discretion, to update, change or replace anypart of these Terms of Service by posting updates and changes to our website. itis your responsibility to check our website periodically for changes. Yourcontinued use of or access to our website or the Service following the posting ofany changes to these Terms of Service constitutes acceptance of those changes

SECTION 20-CONTACTINFORMATION

Questions about the Terms of Service should be sent to us atsupport@vivinade.com.