Privacy Policy & Terms of Use

 

General Terms & Conditions of Use of the Website

Welcome to www.hexashoes.com website (hereinafter the “Website”)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE.

The Terms of Use govern the access to, and use of, the Website.

Use of the Website implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to below, and acknowledgement of their relevant mandatory nature. You are only authorized to use the Website if you agree to abide by all applicable laws and the terms of these Terms of Use. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with using the Services.

HEXA reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the “Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website.

1. Imprint

1.1 The Website and its contents are designed, operated and administered by HEXA, a Thai incorporated sole ownership, with registered office in 44,46 Soi Tiantalay 8, Bangkuntien-Chaitalay, Samaedum, Bangkuntien, 10150. Vat no. 0105561112201, subject to the management and coordination of Merci Coterie Co., Ltd., a Thai company with registered offices in Thailand (hereinafter ”HEXA”, ”we”, ”us”, ”our”).

2. Intellectual property rights

2.1 The terms ”Website” and ”Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (”Material”).

2.2 All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of HEXA and / or Merci Coterie Thailand. All rights are reserved, worldwide.

2.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Merci Coterie in Thailand in all other countries. All domain names used on the Website and / or connected to it are owned – or used with permission – by Merci Coterie, which manages them on a worldwide basis.

2.4 This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.

2.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the Material in this Website or related software , in whole and / or in part, in any form and / or manner, and for any purpose.

If the downloading or the copying should be permitted by Merci Coterie in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.

2.6 HEXA is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by HEXA whether in court or out-of-court does not mean acquiescence or tolerance of any violations of these Terms of Use of the Website and / or breach of intellectual property rights of which HEXA has the ownership and / or availability.

3. Submitted material

3.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to HEXA through this Website or by other means (”Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to HEXA a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.

3.2 HEXA is not required or will not be required in the future to:

(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.

3.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.

3.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of HEXA to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.

3.5 HEXA retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

4. Links to other sites

4.1 This Website may contain links to other websites. HEXA has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.

4.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by HEXA of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.

4.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of HEXA.

5. Authenticity of products branded “HEXA”

5.1 The products branded ”HEXA” promoted through the Website are made with the finest materials, and they are made in Thailand and Asia.

6. Exclusion of warranties

6.1 To the maximum extent permitted by law, this website, its contents and services are provided free of charge on as “as is” and “as available” basis. HEXA provides no warranty or guarantee in connection with this website. Its contents or services, including, by way of example, that it will always be available, without interrution or erros in functioning, or that it will always be safe from malicious programs, or that it is suitable for any particular purposes and expressly declines any such warrenties. 

6.2 HEXA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER HEXA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND HEXA MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. HEXA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

7. Limitation of liability

7.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

7.2 AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT DAMAGES OF ANY KIND, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

7.4 IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

8. Indemnity

8.1 If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Services causes our liability to a third party.

9. Governing Law

9.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.

10. Privacy

10.1 Before uploading or providing any personal data to this Website please read carefully the Privacy Policy.

 

Terms & Conditions

 

This Privacy Policy Notice describes the types of information we gather from individuals visiting our website, www.hexabangkok.com (“Website”), and how we use that information. 

By accessing our Website, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Website. Every time you visit our Website, your visit will be subject to the then-current version of this Privacy Policy. When you visit our Website, you should check the date of the Privacy Policy Notice (which appears above) and review any changes that have been made since your last visit to our Website.

  1. Establishing An Account

You have the option to establish an account in order to purchase products from our Website. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing and other information. You agree to update your information when necessary to keep your registration information current and accurate. You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to such information and to your computer. You agree to be responsible for all activities that occur under your account or password.

  1. Information Collected by Us
  2. Information You Give Us: We receive and store information you enter on our Website or give to us in any other way. For example, when you buy a product through our Website, you would necessarily provide us with your name, address, phone number, e-mail address, and credit card information. Also, you may provide us with information when you communicate with us by e-mail, telephone, or otherwise. If you purchase an item to be shipped to someone as a gift, you would provide the recipient’s information as well. We may keep records of your purchases, and the types of products that appeal to you. We may use your information to help us improve our Website, to better tailor our product offerings to our customers, and to improve the content on our Website. You may choose not to provide certain information, but without that information some of our Website’s features may not be available to you. 
  3. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” which is electronic data stored on a user’s computer, containing information about the user. We may use a “persistent” cookie to store your login ID, making login easier, but this feature can be removed by adjusting your internet browser settings or preferences. Because cookies are necessary for some of our Website’s features, we suggest that you leave them turned on. In fact, if you block or reject our cookies, you won’t be able to complete a purchase transaction from our Website. 

Specific automatic information we may collect when you access our Website includes information such as your Internet Protocol (IP) address, login, password, computer and connection information, internet browser type, operating system and platform. We may also collect the full URL (Uniform Resource Locator) clickstream including how you came to our Website, what you viewed, how long you stayed, and when you left, including the date and time. Finally, we may use software tools to help us analyze session information including response times, page interaction information (e.g., clicks, mouse-overs, and scrolling), and download errors. 

Please note that the examples above are intended to provide a general overview of the types of automatic information available to us when you visit our Website, rather than an exhaustive list of technical information. 

  1. E-mail Communications: We generally communicate with our customers by e-mail. We may also communicate promotions and specials by e-mail. If you do not want to receive e-mail from us, you may unsubscribe by clicking the unsubscribe link at the bottom of hexabangkok.com e-mail.

III. How we share information 

We do not disclose your PII to third parties, except as follows. Your information is sometimes shared with vendors HEXA has partnered with to process and ship your order. We use marketing consultants to help us maintain and analyze our data and allow us to mail our catalogs and market more efficiently. They may use cookies or web beacons to collect information about you, in connection with providing you information about HEXA products that might be of interest to you. These partners may also combine your email information with other information they have access to such as mailing address so that HEXA may serve relevant marketing offers to you via email and direct mail.

Agents, Consultants and Related Third Parties: 
HEXA, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. 

 

  1. Information Security

We use industry standard Secure Sockets Layer (SSL) software, which encrypts all order information you submit through our Website, and we only use the last five digits of your credit card number when confirming an order. Of course, during order processing, we will encrypt and transmit your entire credit card number to the appropriate credit card company. We cannot, however, guarantee that our security measures will absolutely prevent unauthorized access to or loss of data. We suggest that you equip your computer with software devices designed to protect network data transmission and receipt (such as, updated antivirus systems), and that your Internet service provider take appropriate measures for the security of network data transmission (such as, firewalls and anti-spam filtering). Remember too, that you have an obligation to safeguard access to your password and computer. When using a shared computer, make sure to sign off when you are finished.

  1. Links to Other Web Sites

Our Website might include links to other websites. While we do not provide any personally identifiable customer information to these third-party websites, we cannot be responsible for the privacy practices of those websites, and we caution you to be aware of the privacy practices of all websites. Our Privacy Policy and other policies do not apply to any other website. 

YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK, AND WITHOUT WARRANTIES OF ANY KIND BY HEXA, INC., INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL HEXA INC. ACCEPT LIABILITY FOR ANY DAMAGES ARISING OUT OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE, OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

  1. Purchases by Children

We do not sell products for purchase by children. If you are under 18, you may only purchase products from our Website with the consent of a parent or guardian.

VII. Terms of Use, Notices, and Revisions

Whenever you visit our Website, your visit, and any dispute over our privacy policies is governed by this notice and our terms & conditions, which includes certain limitations on damages, disputes, and choices of law. Since we continuously strive to improve our business and your shopping experiences, we may change this Privacy Policy Notice and our Terms and Conditions. Users of our Website will be notified of any changes to this privacy policy on our homepage. Unless stated otherwise, our current Privacy Policy Notice applies to all information about your account. You should regularly access this section of our Website in order to review the most recent version of our Privacy Policy Notice. 

VIII. Business Transfers

If HEXA, Inc. is ever acquired by, or merged with a third-party entity, we reserve our rights to assign or transfer the information we have collected from visitors to our Website as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer such data to a successor entity, or to a third party that purchases our assets arising from such circumstances.

  1. Contacts

Thank you for visiting our Website. If you wish to receive further information regarding our privacy practices, please send an e-mail [email protected] We will endeavor to provide a response within 3 business days.

 

Terms of Service

OVERVIEW

This website is operated by HEXA. Throughout the site, the terms “we”, “us” and “our” refer to HEXA. HEXA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site 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”, “Terms”), 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 site, including without limitation 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 the 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 Woocommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

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). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including 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.

PURCHASE FOR PERSONAL USE ONLY

You may purchase HEXA products for personal use only and not with the intention of resale or duplication. By placing your order, you are certifying that you are purchasing products for personal use only and not for resale or duplication. We reserve the right to refuse orders for any reason without explanation.

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.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) 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.

PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our current Return 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 anytime 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.

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.

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 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.

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.

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, 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy below.

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.

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.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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. 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. In no case shall HEXA, 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless HEXA 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.

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.

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 judgment 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).

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.

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 Thailand.

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.

PRIVACY & SECURITY

When you purchase something from www.hexabangkok.com, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in to our site registration or email, and you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by emailing us at [email protected]

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

WOOCOMMERCE

Our store is hosted on Woocommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Woocommerce’s data storage, databases and the general Woocommerce application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Woocommerce stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Woocommerce’s Terms of Service here or Privacy Statement here.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.

AGE OF CONSENT

By using this site, you represent that you are at least the age of 18.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 
QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information email us at [email protected]