Terms & Conditions

A BRIEF OVERVIEW

The operator of this website is XKI Strength and Wellness. "We", "us", and "our" are all references to XKI Strength and wellness throughout the site. Users are granted access to this website, which contains all tools, information, and services offered by XKI Strength and Wellness. However, their use of this site is contingent on their approval of the terms, conditions, policies, and notices that are hereon.

Through your use of our "Service" or visit to our website, as well as any purchases you make, you consent to be legally bound by the subsequent terms and conditions ("Terms of Service," "Terms"), which also include any further policies and terms that are herein. These Terms of Service are universally applicable to all individuals using the website, encompassing browser users, vendors, customers, merchants, and content contributors, among others. Kindly review the following Terms of Service prior to utilising or accessing our website. Your use or access to any portion of the site constitutes your agreement to be bound by these Terms of Service. Users who fail to comply with all provisions of this agreement will be reframe from accessing the website or using its services. Upon regard as an offer, acceptance is restricted to the provisions of these Terms of Service.

Additionally, any newly added tools or features to the existing store shall be govern by the Terms of Service. At any time, the most recent version of the Terms of Service is available for review on this page. We retain the prerogative to modify, alter, or substitute any component of these Terms of Service through the publication of updates and/or alterations on our website. It is your duty to periodically inspect this page for modifications. Your continued access to or use of the website subsequent to the publication of any modifications signifies your acceptance of said changes. Our website payment gateway is hosted by Adumo. The online e-commerce platform that enables us to offer our products and services for sale is furnish by them.

CLAUSE 1: TERMS OF THE ONLINE STORE

You affirm that you are 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 have authorised us to permit any of your minor dependents to use this site by agreeing to these Terms of Service. You are prohibited from using our products for any unlawful or unauthorised purpose, and from violating any local laws (including copyright laws) through your use of the Service. It is prohibited to transmit any form of malicious code, including worms, viruses, or anything else deleterious. Any violation or transgression of these terms will lead to the immediate cessation of the services provided to you.

CLAUSE 2: GENERAL CONDITIONS

We reserve the right, at any time and for any reason, to deny service to any individual. You acknowledge that the transfer of your content (excluding credit card information) may occur in an unencrypted state and involve (a) transmissions across multiple networks and (b) modifications to accommodate and conform to the technical specifications of the devices or networks connecting you. The transmission of credit card and debit card information across networks is consistently encrypted. Without our express written consent, you agree not to reproduce, duplicate, replicate, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided. The inclusion of headings in this agreement is merely for convenience and shall not restrict, otherwise affect or affect these terms.

CLAUSE 3: INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

In the event that information provided on this website is inaccurate, incomplete, or out of date, we shall not be liable. The content presented on this website is intended for general information purposes only. It is not recommended to use or rely on this material as the exclusive foundation for decision-making, without first consulting primary sources of information that are more precisely, comprehensively, or timely. Using this website's content is entirely at your own peril. There may be historical information on this site. Historical information is inherently obsolete and is presented solely for your reference. We retain the prerogative to make alterations to the information presented on this website without being obligated to update any content. You agree that monitoring modifications to our website is your responsibility.

CLAUSE 4: SERVICE AND PRICES AMONG CHANGES

Without prior notice, prices for our products are subject to change. We reserve the right to modify or discontinue the Service (or any portion or content thereof) at any time and without prior notice. We shall not be liable to you or any third party in the event that the Service is modified, discontinued, suspended, or its price changes.

CLAUSE 5: PRODUCTS OR SERVICES (IF APPLICABLE)

There may be instances where specific products or services are accessible solely via the website. There may be limited quantities of these products and services; returns and exchanges are restricted to the terms of our return policy. We have made every effort to present the colours and images of our products that appear in the store as precisely as feasible. We cannot guarantee the accuracy of the colour display on your computer monitor.

We reserve the right to restrict the sale of our products or services to any individual, geographic region, or district, but we are not required to do so. This privilege may be invoked on an individual case-by-case basis. We retain the prerogative to impose restrictions on the quantities of any goods or services we provide. Product pricing and descriptions are subject to change without prior notice at any time and at our sole discretion. At any time, we reserve the prerogative to discontinue any product. Wherever prohibited, any offer for a product or service on this site is void.

We do not guarantee that any defects in the Service will be rectified or that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations.

CLAUSE 6: TRUENESS REGARDING ACCOUNT AND BILLING INFORMATION

We reserve the prerogative to decline any order that you proceed with. We reserve the right to restrict or cancel quantities purchased per person, per household, or per order at our sole discretion. Orders placed by or under the same customer account, with the same credit card,and/or at the same billing and shipping address may be subject to these restrictions. We reserve the right to attempt to notify you via the email and/or billing address/phone number that you supplied during the order placement process if we modify or cancel an order. We reserve the right to restrict or prohibit orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion.

You hereby commit to furnishing up-to-date, comprehensive, and precise purchase and account particulars for every item acquired from our establishment. You agree to ensure that your account and other information, such as credit card numbers, expiration dates, and email addresses, are updated in a timely manner to enable us to complete your transactions and communicate with you, as necessary. For further information, kindly consult our Returns Policy.

CLAUSE 7: ELECTIVE TOOLS

You may be granted access to third-party tools that are not under our supervision, nor do we have any authority or input regarding them.

You agree and acknowledge that we grant you access to these tools "as is" and "as available," in no way accompanied by any representations, warranties, or conditions, and without endorsing them. We shall not be liable in any way for any consequence or connection with your utilisation of third-party tools that are optional.

Utilisation of any optional tools accessible via the website is completely voluntary and at your own risk. Prior to doing so, you should ensure that you have read and agreed to the terms governing the provision of those tools by the appropriate third-party provider. Furthermore, it is possible that we will introduce additional services and features via the website in the future, such as the launch of fresh tools and resources. These Terms of Service shall also govern any additional features and/or services that are introduced.

CLAUSE 8: LINKS TO THIRD PARTIES

Content, products, and services accessible through our platform might incorporate resources provided by external entities.

These websites may redirect you to third-party, unaffiliated websites via links provided by third parties. Our responsibilities do not include the examination or evaluation of the content or veracity of third-party websites or materials. Furthermore, we do not provide any liability or responsibility for such materials, products, or services provided by third parties.

Any harm or damages resulting from the purchase or use of products, services, resources, content, or other transactions conducted on third-party websites are beyond our control. It is imperative that you thoroughly examine and comprehend the policies and procedures of the third party prior to proceeding with any transaction. Concerns, complaints, claims, or inquiries concerning products manufactured by a third party should be directed to that entity.

CLAUSE 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You agree that if you send us specific submissions (e.g., contest entries) or creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, via email, postal mail, or otherwise (without our request), we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us. We have no obligation, neither now nor in the future, to (1) maintain the confidentiality of any comments; (2) compensate for any comments; or (3) provide a response to any comments. We reserve the right to monitor, modify, or remove content that violates these Terms of Service or the intellectual property of any third party, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable. However, we are under no obligation to do so. You acknowledge and consent that your remarks shall not infringe upon any intellectual property or proprietary right of a third party, such as a trademark, privacy, personality, or copyright. You additionally consent that your remarks shall not comprise any libellous, unlawful, abusive, or obscene material, nor shall they harbour any computer virus or other malicious software that may compromise the functionality of the Service or any affiliated website. It is prohibited to impersonate another user, provide an alias, or engage in any other conduct that could mislead us or third parties regarding the source of your comments. You bear exclusive responsibility for the accuracy of any remarks you provide. We assume no liability and accept no responsibility for any remarks that you or a third party may post.

CLAUSE 10: PERSONAL IDENTIFIABLE INFORMATION

The Privacy Statement governs the personal information that you provide when submitting it through the website. Refer to Clause 21

CLAUSE 11: ERRORS, INACCURACIES, AND OMISSIONS

At times, typographical errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability may be present on our website or in the Service. Without prior notice (including after you have submitted your order), we reserve the right to rectify any errors, inaccuracies, or omissions, as well as modify or update information or cancel orders if any information in the Service or on any affiliated website is inaccurate at any time.

Unless required by law, we have no obligation to update, modify, or clarify information in the Service or on any affiliated website, including pricing information. The absence of a specified refresh or update date on the Service or any associated website should not be construed as confirmation that all information has been updated or modified.

CLAUSE 12: PROHIBITED APPLICATIONS

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. You may be subject to termination of your access to the Service or any affiliated website if you violate any of the prohibited uses.

CLAUSE 13: LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

We do not represent, warrant, or guarantee that our service will be used without interruption, in a timely manner, securely, or without errors.

We provide no assurance regarding the accuracy or dependability of the results that may be obtained through the use of the service.

You consent to our periodic removal of the service for indefinite durations or cancellation of the service at any time, without prior notice.

You agree that the utilisation or incapability to use the service is entirely at your own peril. Unless otherwise explicitly stated by us, the service and all products and services delivered to you via the service are provided "as is" and "as available" for your use, without any express or implied representation, warranty, or condition, including all implied warranties or conditions of merchantability, merchantable quality, durability, and non-infringement.

XKI Strength and Wellness, its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be held liable in any circumstance for any type of injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, revenue, data, replacement costs, or comparable damages. Such damages may be incurred in contract, tort, or otherwise, and shall not be limited to penalties. Because jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law in jurisdictions.

CLAUSE 14: INDEMNIFICATION

You hereby grant XKI Strength and Wellness, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees the right to indemnify, defend, and hold them harmless against any claim or demand, including reasonable attorneys' fees, brought by a third party in connection with your violation of these Terms of Service or the documents they reference, or your infringement of any law or regulation.

CLAUSE 15: SEVERABILITY

Should it be determined that a provision of these Terms of Service is unlawful, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms of Service. However, this determination shall have no bearing on the enforceability and validity of the remaining provisions.

CLAUSE 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement.

These Terms of Service shall remain in force until either you or we terminate them. By ceasing use of our website or notifying us that you no longer wish to use our services, you may at any time terminate these Terms of Service. We may terminate this agreement at any time and without notice if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we have reason to suspect that you have done so. You will remain liable for all amounts owed until the date of termination, and we reserve the right to deny you access to our Services (or any portion thereof).

CLAUSE 17: THE COMPLETE ACCORD

Any right or provision of these Terms of Service that we fail to exercise or enforce shall not be considered a waiver of that right or provision

You are hereby informed that these Terms of Service, along with any policies or operating rules we may publish on this site or in relation to The Service, constitute the complete agreement and comprehension between us and you. They take precedence over any previous or current verbal or written agreements, communications, or proposals between us (including, but not limited to, any prior versions of the Terms of Service).

The party that prepared these Terms of Service shall not be held liable for any ambiguities that may arise from their interpretation

CLAUSE 18: LEGAL COUNSEL

By using our services, you agree to be bound by and construe these Terms of Service and any subsequent agreements under the jurisdiction of the laws of The Republic of Namibia.

CLAUSE 19: ALTERATIONS TO SERVICE TERMS

At any time, the most recent version of the Terms of Service is available for review on this page. We reserve the right to modify, replace, or update any portion of these Terms of Service at our sole discretion by publishing notice of the modifications and updates on our website. It is your duty to periodically inspect our website for modifications. Your continued access to or use of our website or the Service subsequent to the publication of any modifications to these Terms of Service will be considered as your acceptance of those updates.

CLAUSE 20: CONTACT PARTICULARS

Email inquiries regarding the Terms of Service to us atinfo@xkistrength.com.na