Terms of service

OVERVIEW

Welcome to GMBADASS! The terms "we", "us" and "our" refer to GMB Commerce Ltd. GMB Commerce Ltd, trading as GMBADASS, operates this store and website at gmbadass.com, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). GMB Commerce Ltd is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be the same as depicted in our store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 3 - DIGITAL PRODUCTS

When you purchase a digital product (such as a PDF journal, audio file or printable), you receive a personal, non-transferable licence to download and use it for your own personal use only. You may print it for yourself. You may not resell, redistribute, share, upload or republish any digital product or its contents, in whole or in part, commercially or for free. All intellectual property rights remain with GMB Commerce Ltd. We may revoke access and pursue remedies where this licence is breached.

Digital products are delivered instantly by email after purchase. By completing your purchase you expressly consent to immediate delivery of the digital content and acknowledge that you lose your statutory right to cancel once the download or access has begun. Digital products are therefore non-refundable once delivered, as set out in our Refund Policy.

Our products contain motivational and self-discipline content for general informational purposes only. They are not medical, psychological, financial or other professional advice. You are responsible for your own decisions, training and routines. Consult a qualified professional where appropriate.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. GMB Commerce Ltd reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GMB Commerce Ltd confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as GMB Commerce Ltd may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email or billing address provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. We may offer promotions from time to time that are governed by separate terms; where there is a conflict, the promotion terms govern. You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that the credit card or payment information you provide is true, correct and complete and that you are duly authorised to use it.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof, are owned by GMB Commerce Ltd, its affiliates or licensors and are protected by United Kingdom, United States and international intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. The GMBADASS name, logo, product and service names, designs and slogans are trademarks of GMB Commerce Ltd. You must not use such trademarks without our prior written permission. Shopify's name, logo and trademarks are the property of Shopify. All rights not expressly granted are reserved.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties or representations of any kind. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites. We are not responsible for the content, accuracy or practices of any third-party websites. If you access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products or services should be directed to the third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

GMB Commerce Ltd is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with GMB Commerce Ltd. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GMB Commerce Ltd, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with GMB Commerce Ltd.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside. Review our Privacy Policy for more details.

SECTION 12 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such content in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to such content and that it will not violate any third-party rights or these Terms. We may, but have no obligation to, monitor or remove submitted content that we determine in our sole discretion to be unlawful, offensive or otherwise objectionable.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit 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 is inaccurate at any time without prior notice.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any applicable regulations, rules or laws; to infringe our intellectual property or the intellectual property of others; to harass, abuse, harm or defame any person; to transmit false or misleading information; to send any unsolicited advertising or promotional material; or to impersonate any person or entity. You also agree not to upload or transmit viruses or malicious code; to reproduce, duplicate, copy or exploit any portion of the Services; to collect personal information of others; or to use any robot, spider, scraping tool, AI agent or automated or manual means to access the Services without authorisation. We reserve the right to terminate your access at any time for any violation of these Terms.

SECTION 15 - AI AGENTS

This section applies if you use, allow, enable or cause the deployment of an agent (any software or service that takes autonomous or semi-autonomous action on your behalf) to access, use or interact with any Services. No agent may access the Services unless it identifies itself and operates in strict accordance with our requirements. Agents must identify themselves in all HTTP requests, must not conceal or obfuscate that interactions are from an agent, must respond truthfully to any question seeking to determine if interactions are from a human or a computer, and must not circumvent any measure intended to block or limit agent access. We may limit by technical measures whether and how any agent accesses the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability and Governing Law will survive any termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness or usefulness. Except as expressly stated by GMB Commerce Ltd, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties so the above may not apply to you in full.

SECTION 18 - LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or anything else that cannot be excluded by law, and nothing affects your statutory rights as a consumer. Subject to that, to the fullest extent permitted by law, GMB Commerce Ltd, our partners, directors, officers, employees, affiliates, agents, contractors and service providers shall not be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, loss of data or replacement costs, arising from your use of the Services or any products procured through the Services. Our total liability for any order is limited to the amount you paid for that order.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GMB Commerce Ltd, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.

SECTION 20 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, whether oral or written.

SECTION 22 - ASSIGNMENT

You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.

SECTION 23 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. You and GMB Commerce Ltd consent to the jurisdiction of the courts of England and Wales. If you are a consumer, you also benefit from any mandatory protections of the law of the country where you live, and you may bring proceedings there.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@gmbadass.com.

GMBADASS, a brand of GMB Commerce Ltd Registered in England and Wales, company number GMB COMMERCE LTD, Registered office: 20 Wenlock Road, London, England, N1 7GU
Email: support@gmbadass.com