Terms of Service

XY’s (“XY Resortwear” “we” “us” “our”) website (“Site”) and related services are made available to you in accordance with the following Terms of use & Service (“Terms of Service”, “Terms”), and any other rules and policies posted on our Site (Collectively, the “TOS”).

By visiting our Site and/or making a purchase, you engage in our “Service” and agree to be bound by the following TOS including those additional terms, conditions and policies referenced herein and/or available throughout our Site. These Terms apply to all users of the Site. Please read the TOS carefully before using our website or placing an order. By accessing or using any part of this Site, you agree to be bound by the TOS. If you do not agree to all TOS, then you should stop using the website or our services.

We reserve the right to update, change or replace any part of the TOS by posting updates and/or changes to our website. It 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, which provides us with the online e-commerce platform that allows us to sell our products and services to you.

01 - GENERAL TERMS
By agreeing to the TOS, you state that you are at least the age of majority in your country or province of residence. If you are under the age of majority in your country or province of residence, you must let your parent or guardian know about XY’s Privacy Policy before you use this Site or any of this Site's services.
We reserve the right to refuse service to anyone for any reason at any time.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or any content on the website through which the service is provided, without express written permission from us.

02 - ELIGIBILITY OF PURCHASE AND ACCURACY OF INFORMATION
In order to make purchases on the Site you will be required to provide your personal details, as well as payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
We reserve the right to refuse any order you place with us.
We may, in 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 name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel your order, we shall attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or otherwise placed in bad faith.
Products purchased are for personal use and should not be re-sold, used for commercial purposes and/or any other commercial benefit.
You agree to provide current, complete and accurate information for all purchases made at our store. You agree to promptly update information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By making a purchase, you expressly authorize us to process a charge or charges on your credit/debit card in the amount of the total purchase price for the merchandise which you purchase, as well as to perform credit checks and where we feel necessary, to transmit or to obtain information about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.Your submission of personal information through the website is governed by our Privacy Policy.

03 - MODIFICATIONS TO THE SERVICE AND PRICES
Items on the Site are quoted in Singapore Dollars and are exclusive of shipping fees.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If your credit card is not denominated in Singapore dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.04 – ACCEPTANCE OF ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved.Once you have placed your order, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, but rather a confirmation that we have received it. Acceptance of your order will be completed when we email you to confirm the goods have been dispatched.We reserve the right to refuse any order you place with us. 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 may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

05 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange solely according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant 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.

06 – ACCURACY OF INFORMATION
We always try to provide complete, accurate and up-to-date information on our website.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your sole responsibility.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

07 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

08 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own responsibility and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

09 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from parties other than XY (“Third-Party”)
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 the information on those websites, nor are we responsible for the content or accuracy of any off-site pages.
We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, 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 any third-party websites. Please review carefully the third-party's policies and practices 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 the third-party.

10 - INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. You are permitted to use the Content only as expressly authorized by XY.
Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.
While we try to ensure XY’s content is accurate and complete, we do not guarantee it is as such. Furthermore we do not warrant that the functional aspects of the Site will be error free or that this Site, XY’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

11 - USER COMMENTS
In the event you send specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”) at or without our request, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, racist or libelous, incite hatred or violence, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12 - PROHIBITED USES
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
In addition to other prohibitions as set forth in the TOS, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees, representations or warranties of any kind, whether expressed or implied, with respect to this website, its content and information available on or through it.
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free, and do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods 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 sole risk.
The service and all products and services delivered to you through the service provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall XY and/or its affiliates, be liable whatsoever for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, business interruption, or any other damages, arising from or related to your use of this website and/or any of the services or any products procured or otherwise made available via the service, even if advised of their potential in advance. As some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 - TERMINATION
The TOS are effective unless and until terminated by either you or us.
You may terminate the TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
We reserve the right to terminate this agreement and/or deny your future access to our Services (or any part thereof), without notice, at any time and at our sole discretion. In such case, you will remain liable for all amounts due up to and including the date of termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Termination will not waive or affect any other right or relief to which we may be entitled, at law or in equity and, if we do terminate your license to use this Site, these Terms will continue to apply.

15 - THE AGREEMENT
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
The TOS and any policies or rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of the TOS shall not be construed against the drafting party.

16 - GOVERNING LAW
These Terms of Service and any other agreements and policies whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.

17 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the TOS at any time at this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of the TOS by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these TOS constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at xycustomercare@gmail.com.