Effective Date: [Insert Date]

OVERVIEW

Welcome to Fierce Activewear. Please read the following terms and conditions (“Terms of Service”) carefully as the provisions contained herein shall govern your access to and use of the Website and are the terms and conditions on which we will supply our products to you. Fierce FZCO (“Fierce," "we," "us," "our") operates the Website.

By visiting our Website and/ or purchasing something from us, you engage in our service for the supply of our products (“Service”) and agree to be bound by the Terms of Service, 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 Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the Website or use any of our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Updates to Terms

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. 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 our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Our Website is hosted on Shopify Inc. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that:

1. You are at least 18 years old or have parental permission to use the Website.
2. You are legally authorized to use the payment method you provide.
3. You agree to comply with all applicable laws, including those related to the use of the Website and purchasing of goods.

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 shall not introduce or transmit any worms or viruses or any code of a destructive nature into the Website.

A breach or violation of any of the Terms of Service will result in an immediate termination of our Service to you, termination of your account (where applicable) and you shall no longer be permitted to use the Website.

SECTION 2 - GENERAL CONDITIONS

You agree to use the Website for lawful purposes only and will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 - REGISTRATION

To make the most of your shopping experience, we encourage you to create an account. Your account ensures faster checkouts, access to promotions, and better tracking of your orders. 

You are responsible for the accuracy of the information you provide and for securing your account login credentials.

If you believe your account has been compromised, please notify us immediately at customer@fierceactivewear.com.

By registering, you agree to receive marketing emails and notifications related to your account and our products. You can opt-out of marketing emails at any time.

When you create an account or subscribe to our Newsletter you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure and you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. 

SECTION 4 - CONTENT

We have done our best to make sure that the information on the Website is error-free but we cannot promise and we are not responsible if the information made available is not accurate, complete or current. If you see something that you believe is not accurate, complete or current, please let us know by contacting us at customer@fierceactivewear.com.

We reserve the right to modify the contents of this Website at any time. You agree that it is your responsibility to monitor changes to our Website.

We also cannot guarantee that the functional aspects of the Website will be error-free or that this Website or the servers that make it available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

We strive to provide accurate information about our products, but due to differences in device displays, the colors and textures shown may vary from the actual product. All product descriptions and images are for reference, and we are not responsible for any discrepancies.

If you notice any error, please inform us at customer@fierceactivewear.com

All descriptions of products 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 5 - PRODUCT LIABILITY

We stand behind the quality of our products. If any item you purchase is damaged or defective, you are entitled to a refund, replacement, or repair, as per our Return and Refund Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRICES

The price of the products shown on the Website, delivery charges and applicable taxes are shown in the selected currency. Delivery charges will be added to the price of the products and will be indicated in your local currency, separately on the order form during the check-out process.

We reserve the right to modify the prices of our products at any time without prior notice. If a pricing error is found after an order has been placed, we will notify you and either honor the original price or offer a refund, depending on the circumstances.

SECTION 7 - DISCOUNT CODES

Discount codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. Terms and conditions of this discount codes will be updated.

SECTION 8 - PAYMENTS

We offer various payment options to ensure a seamless experience:

1. Credit/Debit Cards (VISA, MasterCard, AMEX)
2. PayPal
3. Apple Pay and Google Pay

Payment Security

No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third-parties except by our online payment gateway service providers (Stripe and Checkout). Please refer to our Privacy Policy for further details.

We ensure the security of your payment details through SSL encryption. Your credit card information is processed securely and is never stored on our servers.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence, fraud or willful misconduct on our part, we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data you provide when accessing or ordering from the Website.

– PAYPAL
Please refer to the Terms & Conditions of this third-party provider's website.
- APPLE PAY AND GOOGLE PAY
Please refer and agree to:
Terms & Conditions from Apple Pay
Terms & Conditions from Google Pay 

 SECTION 9 - 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 judgment, 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.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competition and contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by social media, 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, libelous, 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 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.

SECTION 11 - 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 12 - 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; 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.

Section 13 - Disclaimer of Warranties:

1. No Guarantees About Service Quality or Continuity:
• The company does not guarantee that your experience with the website or service will be uninterrupted, timely, secure, or error-free.
• This means that if you encounter technical problems or interruptions while using the service, the company is not responsible for those issues.
2. Service Availability:
• The company reserves the right to remove or cancel the service at any time or for indefinite periods without providing notice. This allows them to make changes or even shut down the service without informing you in advance.
3. Use at Your Own Risk:
• The company emphasizes that using or not being able to use the service is entirely your risk. Essentially, if something goes wrong, you are responsible for any consequences.
4. Service Provided "As Is":
• The company offers the service "as is" and "as available"—which means they’re not making any promises about its quality or reliability.
• There are no express or implied warranties (e.g., fitness for a specific purpose, merchantability, or quality).

Limitation of Liability:

1. No Liability for Damages:
• The company, and its affiliates (like directors, officers, employees, suppliers, etc.), are not liable for any kind of loss, claim, or damages. This includes direct, indirect, incidental, punitive, special, or consequential damages.
• Types of damages that won’t be covered include:
• Lost profits or revenue
• Lost savings or data
• Replacement costs or any similar damages
• Errors or omissions in content
• Loss or damage related to the use of the service or any product
2. Scope of Liability:
• Even if the company is aware that such losses or damages could occur, they are still not responsible for them.
3. Exceptions:
• In certain jurisdictions (areas governed by specific laws), there are some legal limits to how much a company can disclaim liability. For example, if the damage is due to fraud, willful misconduct, or negligence, the company may be held liable. In these cases, liability would be limited to the maximum extent allowed by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless Fierce  FZCO and our affiliate companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of:

• Your breach of these Terms of Service or any documents they incorporate by reference.
• Your violation of any laws or the rights of a third party.

Section 15 - Severability

If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that specific provision will be removed from the agreement, but the rest of the Terms will remain fully valid and enforceable.

Section 16 - Termination

• The obligations and liabilities of both Fierce Activewear FZCO and you, which arose before the termination of these Terms of Service, will still apply even after the Terms are terminated.
• These Terms of Service will remain in effect until either you or we decide to terminate them.
• You can terminate these Terms anytime by notifying us that you no longer want to use our services or by simply ceasing to use our website.
• A breach or violation of any of these Terms will result in an immediate termination of our service to you. This means your account may be terminated (if applicable), and you will no longer be able to use the website.

SECTION 17 - GOVERNING LAW

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 the United Arab Emirates, as applied in the Emirate of Dubai.

SECTION 18 - LANGUAGE

These Terms or Service are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

SECTION 19 - 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.

CONTACT INFORMATION

For any questions about these Terms of Service or concerns regarding your order, please contact us at:

FIERCE FZ-CO 
Email: customer@fierceactivewear.com
Phone: +971504209450