Welcome to Gear Gateway! The following terms of service (“Terms”) contained in this Agreement governs the use of the Website https://geargateway.net (hereinafter referred to as the “Website”). This Website is owned and operated by Gear Gateway, a company having its registered address located at 4 Bigby Road, Brigg, North Lincolnshire, United Kingdom, DN20 8HF. Throughout the site, the terms “we”, “us”, “our” and “Gear Gateway” refer to Gear Gateway and the terms “you” or “user” refers to the user or visitor of the Website. Gear Gateway offers this website, including all information, tools and services available under this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated hereunder.
By visiting our Website 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 shall include those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website. The term “User” shall include without limitation to, the 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. If 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 subject to these 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. 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. 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
Gear Gateway is an online platform that is engaged in the ‘print on demand’ business which allows the users to buy a wide range of customized products based on their creative preferences. We specialise in offering our customers cool and creative products that cater to their specific interests and passions. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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). A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - USER REGISTRATION
For using the services, you may be required to register your own personal account for availing the services of the Website. You are required to provide certain information for successful registration of the Account and would receive a username and password upon the completion of such registration.
If you are below the age of majority in your state or province of residence, then you are not permitted to register as a user, or otherwise provide us with any personal information. If the user is a minor and wishes to transact or use the website, it must be done under the supervision of a parent or legal guardian provided that such parent or guardian accepts the terms and conditions.
You should take all the necessary measures for maintaining the privacy of the username and password created upon registration and shall also be responsible for all the activities that occur under your account. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify us of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, Gear Gateway shall not be held liable.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information including but not limited to, credit card information, may be transferred, unencrypted and 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 6 - PRODUCTS OR 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 only according to our Returns Policy.
We have made every effort to display as accurately as possible, the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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.
SECTION 7 - USE OF THE WEBSITE AND SERVICES
The services are made available for the user’s personal use. The user agrees not to sub-license, sell, rent, lease, copy, modify or otherwise extract the source code of the Website or any part thereof. The user further agrees not to translate the Website into other languages or make derivative versions of the Website.
SECTION 8 - USER SUBMISSION AND OWNERSHIP
The User shall have the right to submit and upload various content to the Website including digital photographs, images, drawings, designs or other works (‘User Content’), which shall be used by Gear Gateway for printing on different ‘print on demand’ products. All such submissions are subject to the following terms:
(a) User is solely responsible for the contents that they upload or submit to the Website.
(b) User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use all patents, trademarks, copyrights, or other proprietary rights in and to any and all User Content and to enable inclusion and use of the User Content in all manners contemplated by the Website.
(c) User agrees not to submit any material that Violates/infringes anyone else’s patent, trademark, copyright or any other proprietary right or is subject to a third party’s right.
(d) The User shall indemnify and hold harmless Gear Gateway against any damage, loss or action, resulting from any violation/infringement or from any other harm resulting from the User Content that you submit.
(e) User agrees that the User Content submitted or uploaded by the user, shall not contain any immoral, offensive or scandalous material.
(f) The users are prohibited from using or downloading any of the User content submitted by another User.
SECTION 9 - LICENCE TO USE USER CONTENT
The User shall retain all the ownership in the User Content that is submitted to the Website. However, by submitting or uploading the User Content, the User grants Gear Gateway a worldwide, exclusive, royalty-free license, transferable, sublicensable right, without further consideration, to print the User Content on various ‘print on demand’ products and thereafter, offer them for sale through the website.
The Users grants Gear Gateway the right to print the designs, photographs, pictures and drawings uploaded by User, on an unlimited number of print on demand products including t-shirts and hoodies and any other products, as Gear Gateway may decide.
The customised product/s created by Gear Gateway using the Design and Photograph submitted by the user, will be offered for sale through the website at such quantity and for such period of time as Gear Gateway may decide at its own discretion.
Gear Gateway shall also have the right to use the customised product in advertising, marketing and promotion for the purpose of promoting the Website and its products/services and other commercial purposes.
Users also grant Gear Gateway the license and right to make modification to the Photographs, designs or drawings submitted by users as necessary to prepare the ‘print on demand’ products.
Users agrees that the photographs, designs or drawings submitted or uploaded by the User are used by Gear Gateway for commercial purposes. Therefore, the User agrees not to sell, license or distribute such User Content to any other business, individual or website owners. User agrees that Gear Gateway shall have the exclusive commercial right over such User Content.
The User submitting the content will be offered a free item of the Product featuring their submitted photographs or designs. The users can also purchase the customised product from the website.
Gear Gateway reserves the right to remove any customised product from the store, with or without reason, at any time at its sole discretion, without any prior notice.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 account, 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 an order, we may 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 judgement, 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 at 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 detail, please review our Returns Policy.
SECTION 11 - 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 on “as is” and “as available” basis 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 risk 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials 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 the content or accuracy and 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.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libellous 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.
The Comments submitted to the Website are not treated as confidential and is publicly available which can been seen and accessed by the other users of the Website. We will be not be held liable if the comments submitted to the Website is copied, used or modified in any manner whatsoever, by any other user.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - 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.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about Gear Gateway and its associates and partners or any property owned by Gear Gateway; (m) Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure; or (n) to engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We 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. We are not responsible for any technical failure of internet or the Website or any damage or injury caused to the user or their device as a result of or relating to their use of the Website.
In no case shall Gear Gateway, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INTELLECTUAL PROPERTY CLAUSE
The contents on the website (and any derivative works or enhancements of the same) including without limitation to graphics, data, text, illustration, sound, music, video, layout, page headers, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website are the copyrighted work of Gear Gateway and is protected under copyrights and other intellectual property laws and relevant international treaty provisions. You agree not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of Gear Gateway. Any such unauthorized acts is expressly prohibited by law and may result in severe civil and/or criminal penalties.
All the intellectual property rights to the trade names, trade dress, trademarks, logo, service marks that may appear in the website are owned by Gear Gateway, its licensors, affiliates or identified third parties. You thereby agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website. Use of our services does not entitle you to make any unauthorized use of any protected content. You may use the protected content solely for personal use and will make no other use of the content without express written permission of Gear Gateway.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gear Gateway and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service 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 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 or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of North Lincolnshire, United Kingdom.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via our Contact Us page.