Terms of service

# Terms of Service ## Overview Welcome to Topmahjing. References to "we", "us" and "our" throughout these Terms refer to Topmahjing. We operate this store and website, including all associated information, content, features, tools, products and services, to deliver a curated shopping experience for you, our customer (collectively referred to as the "Service"). The Service is powered by Shopify. These Terms of Service, together with all policies referenced herein (hereinafter collectively the "Terms"), set forth your rights and obligations when using the Service. Please read these Terms carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability. By accessing, using or interacting with our Service, you agree to be bound by these Terms and our [Privacy Policy](link). If you do not accept these Terms or the Privacy Policy, you must not access or use our Service. ## Section 1 – Access and Accounts By agreeing to these Terms, you confirm that you have reached the age of majority in your state or province, and you authorize any minor dependents of yours to use the Service on devices owned, purchased or managed by you. To use the Service, including browsing our online store or purchasing products and services, you may be required to provide information such as your email address, billing, payment and delivery details. You represent and warrant that all information you submit to our store is accurate, up-to-date and complete, and that you hold all necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and all activities conducted under your account. You may not assign, sell, transfer or grant access to your account to any third party. ## Section 2 – Our Products We make every effort to display our products and services accurately on the online store. However, product colors and appearances may vary from what is shown on your screen due to differences in device types, settings and configurations. We do not warrant that the appearance or quality of any purchased product or service will meet your expectations or match the presentation displayed on our online store. All product descriptions are subject to change without prior notice, and we reserve the right of final interpretation. We may discontinue any product at any time, and limit the quantity of any product available to any individual, region or jurisdiction at our sole discretion. ## Section 3 – Orders Submitting an order constitutes an offer to purchase. Topmahjing reserves the right to accept or decline any order for any reason at its sole discretion. An order is only confirmed and accepted by us once full payment is received and processed. Please review your order carefully before submission. Once an order is accepted, we may not accommodate cancellation requests. If we decline, modify or cancel your order, we will attempt to contact you via the email address, billing address and/or phone number provided at checkout. All purchases are subject to our [Refund Policy](link) for returns and exchanges. You represent and warrant that all purchases are for your personal or household use only, and not for commercial resale or export. ## Section 4 – Pricing and Billing Prices, discounts and promotions are subject to change without prior notice. The price applicable to your order shall be the rate in effect at the time of purchase, as stated in your order confirmation email. Unless otherwise specified, listed prices do not include taxes, shipping fees, handling charges, customs duties or import fees. Prices displayed on our online store may differ from those at physical stores, third-party online retailers or other retail outlets. We may run promotional campaigns from time to time which affect pricing and are governed by separate terms. In the event of a conflict between promotional rules and these Terms, the promotional terms shall prevail. You agree to provide current, complete and accurate purchase, payment and account information when shopping with us. You shall promptly update your account details including email address, credit card number and expiration date to ensure we can complete transactions and contact you when necessary. You represent and warrant that: (1) the credit card information you provide is true, accurate and complete; (2) you are duly authorized to use the credit card for the purchase; (3) your credit card issuer will honor all charges incurred by you; and (4) you will pay all applicable fees including shipping, handling charges and taxes in accordance with the listed prices. ## Section 5 – Shipping and Delivery We assume no liability for shipping or delivery delays. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs clearance or circumstances beyond our reasonable control. Title and risk of loss for products shall pass to you upon handover to the shipping carrier. ## Section 6 – Intellectual Property The Service, including without limitation all trademarks, brand names, text, visuals, images, graphics, product reviews, videos, audio content, as well as their design, selection and arrangement, are the property of Topmahjing, its affiliates or licensors, and protected by intellectual property laws of the United States and other jurisdictions, including patent and copyright laws. You are granted a limited license to use the Service solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, repost, download, store or transmit any content from the Service without our prior written consent. Nothing herein shall be construed as granting you any license or rights to patents, trademarks, copyrights or other intellectual property belonging to Topmahjing, Shopify or any third party, except as expressly stated. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by Topmahjing. The name, logo, product and service names, designs and slogans of Topmahjing are trademarks of Topmahjing, its affiliates or licensors. You may not use these trademarks without our prior written approval. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Service are trademarks of their respective owners. ## Section 7 – Optional Tools The Service may grant you access to third-party tools. We do not monitor, control or intervene in these third-party tools. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any representations, warranties, conditions or endorsements of any kind. We shall not be liable for any issues arising from your use of optional third-party tools. Your use of any optional tools provided on the site is at your own discretion and risk. You shall ensure that you review and agree to the terms applicable to such tools set by the relevant third-party providers. We may launch new features, tools and resources via the Service in the future. All new features shall be deemed part of the Service and subject to these Terms. ## Section 8 – Third-Party Links The Service may contain content and hyperlinks to websites operated by third parties, including embedded third-party features. We do not review or verify the content or accuracy of any third-party materials or websites you access. You access external sites at your own risk. We are not liable for any loss or damage arising from your access to third-party websites, or your purchase and use of products, services or content thereon. Please review the terms and policies of third parties prior to conducting any transactions. All complaints, claims, inquiries or issues relating to third-party products and services shall be directed solely to the relevant third party. ## Section 9 – Relationship with Shopify [Merchant Note: Do not delete or modify this section, which accurately describes the relationship between Shopify and this store.] Topmahjing is powered by Shopify to deliver the Service to you. All sales and purchases made on our store are conducted directly between you and Topmahjing. By using the Service, you acknowledge and agree that Shopify shall not be responsible for any aspect of transactions between you and Topmahjing, including any injury, loss or damage arising from purchased products and services. You hereby fully release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and dealings with Topmahjing. ## Section 10 – Privacy Policy All personal information collected via the Service is governed by our [Privacy Policy](link). Certain personal data may also be subject to the Shopify Privacy Policy [link]. Your use of the Service constitutes confirmation that you have read and understood the Privacy Policy. As the Service is hosted by Shopify, Shopify processes your personal information related to your access and use of the Service to operate and improve its services. Information you submit via the Service will be transmitted to Shopify and other third parties, which may be located outside your country of residence. Please refer to our Privacy Policy for details on how we, Shopify and our partners use your personal data. ## Section 11 – Feedback If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use, across all media. This license allows us to operate, provide, evaluate, enhance and promote the Service, and exercise our rights and perform our obligations under these Terms. You further represent and warrant that: (1) you hold all necessary rights to the Feedback; (2) you have disclosed any compensation or rewards associated with submitting the Feedback; and (3) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, provide remuneration or respond to your submissions. We may (but are not required to) monitor, edit or remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which infringes intellectual property rights or violates these Terms. You agree that your Feedback shall not infringe upon any third-party rights including copyright, trademark, privacy, personality or other personal or proprietary rights. Your Feedback must not contain defamatory, illegal, abusive or obscene material, nor any computer viruses or malicious code that may disrupt the operation of the Service or related websites. You may not use false email addresses, impersonate others or mislead us or third parties regarding the source of any Feedback. You bear full responsibility for all Feedback you provide and its accuracy. We assume no liability for any Feedback posted by you or third parties. ## Section 12 – Errors, Inaccuracies and Omissions Information on the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, update information or cancel orders at any time without prior notice, even after your order has been submitted. ## Section 13 – Prohibited Uses You may access and use the Service only for lawful purposes. You shall not, directly or indirectly, use the Service: 1. For any unlawful or malicious activities; 2. In violation of applicable international, federal, provincial, state or local laws and regulations; 3. To infringe our intellectual property rights or those of any third party; 4. To harass, abuse, insult, harm, defame, disparage, intimidate or injure our staff or any other person; 5. To disseminate false or misleading information; 6. To send, receive, upload, download or reuse any material that violates these Terms; 7. To distribute unsolicited advertising or promotional content, including spam, chain letters and similar material; 8. To impersonate any person or entity; 9. To engage in any conduct that restricts or interferes with others’ use of the Service, or which we believe may harm Topmahjing, Shopify, Service users or expose them to liability. You also agree not to: 1. Upload or transmit viruses or malicious code that may impair the functionality of the Service; 2. Copy, extract, sell, resell or exploit any part of the Service; 3. Collect or track other users’ personal information; 4. Send spam, phishing messages or otherwise abuse the Service; 5. Use robots, crawlers, scrapers, data mining tools, automated systems, AI tools or manual methods to access the Service; 6. Bypass or circumvent security measures, access controls, robot exclusion headers and other restrictions implemented to protect the Service. We reserve the right to suspend, disable or terminate your account without prior notice if we find you have breached any provision herein. ## Section 14 – Agents 14.1 This Section (Agent Terms) shall apply if you deploy, allow, enable or use any agent to access or interact with the Service. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of an individual or entity, and operates on a user’s device without direct supervision. 14.2 No Agent may access or interact with the Service unless it fully identifies itself and complies strictly with Section 14.4 below. We may also prohibit any Agent from using the Service at our discretion. 14.3 We may adopt technical measures to restrict Agents from accessing and interacting with the Service. 14.4 All Agents must comply with the following requirements: (1) Clearly identify itself in all HTTP/HTTPS requests by including **Agent/[Agent Name]** in the user-agent string; (2) Not conceal its identity by simulating human behavior or bypassing CAPTCHA and other human verification measures; (3) Respond truthfully to any verification prompts designed to distinguish human users from automated systems; (4) Not circumvent any restrictions implemented to regulate Agent access to the Service. ## Section 15 – Termination We may terminate this agreement or your access to the Service (or any part thereof) at any time without prior notice. You remain liable for all outstanding fees incurred up to and including the termination date. Upon termination, the following Sections shall remain in full force: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other clauses intended to survive termination. ## Section 16 – Disclaimer of Warranties Content provided via the Service is for general reference only. We do not warrant the accuracy, completeness or usability of such content. You rely on all materials at your own risk, and we accept no liability for any consequences arising from such reliance. Unless otherwise expressly stated by Topmahjing, the Service and all products offered thereon are provided to you **"as is"** and **"as available"**, without any representations, warranties or conditions of any kind, whether express or implied, including without limitation implied warranties of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that the Service will operate uninterrupted, timely, securely or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimers may not apply to you. ## Section 17 – Limitation of Liability To the fullest extent permitted by applicable law, Topmahjing, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, together with Shopify and its affiliates, shall not be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special or consequential damages (including loss of profits, revenue, savings, data, replacement costs and similar losses) arising from your use of the Service or products purchased via the Service, whether arising in contract, tort (including negligence), strict liability or other legal theories. This limitation applies even if we have been advised of the possibility of such damages, including losses caused by errors, omissions or content distributed via the Service. ## Section 18 – Indemnification You agree to indemnify, defend and hold harmless Topmahjing, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities, claims and expenses (including reasonable legal fees) arising from: 1. Your breach of these Terms or any documents incorporated herein by reference; 2. Your violation of applicable laws or third-party rights; 3. Your access to and use of the Service. We will notify you of any indemnification claim, but failure to receive timely notice shall not relieve you of your indemnification obligations, unless you suffer substantial prejudice as a result. We may assume control over the defense and settlement of any claim at your cost, including selection of legal counsel. We will not settle any claim requiring non-monetary obligations from you without your consent, which you shall not unreasonably withhold. You shall fully cooperate in the defense of any indemnification claim and provide relevant documentation upon request. ## Section 19 – Severability If any provision of these Terms is found to be unlawful, invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, and the validity and enforceability of all remaining provisions shall not be affected. ## Section 20 – Waiver and Entire Agreement No failure by us to exercise or enforce any right or provision under these Terms shall constitute a waiver of such right or provision. These Terms, together with all policies and operating rules posted on our website relating to the Service, constitute the entire agreement between you and us governing your use of the Service, and supersede all prior oral or written agreements, communications and proposals between the parties, including earlier versions of these Terms. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party. ## Section 21 – Assignment You may not assign, transfer or delegate this agreement or any of your rights and obligations hereunder without our prior written consent, and any attempted assignment shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations at any time without notice or obtaining your consent. ## Section 22 – Governing Law These Terms and any separate agreements for the provision of the Service shall be governed by and construed in accordance with the laws of the federal and state courts in the jurisdiction where Topmahjing is headquartered. You and Topmahjing consent to the exclusive personal jurisdiction of such courts. ## Section 23 – Headings Headings used in these Terms are for convenience only and shall not limit or affect the interpretation of any provisions. ## Section 24 – Amendments to Terms of Service You may review the latest version of these Terms on this page at any time. We reserve the right to update, modify or replace any part of these Terms by posting revised content on our website. It is your responsibility to review updates regularly. We will notify you of material changes in compliance with applicable laws, and revised terms shall take effect on the date specified in the notice. Your continued access to and use of the Service after amendments are posted shall constitute your acceptance of the updated Terms. ## Section 25 – Contact Information If you have any questions regarding these Terms, please contact us at sofei860224@outlook.com. ### Contact Details [Business Name] Email: sofei860224@outlook.com [Business Address] [Company Phone Number] [Business License Number] [VAT ID Number]