Terms Of Service

Contact Number

+1 (855) 493-1090

 

OVERVIEW

This website is operated by thePKGc. Throughout the site, the terms “we”, “us” and “our” refer to thePKGc. thePKGc 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 accessing our websites, app, services 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See the section below entitled “dispute resolution” for additional information.

SECTION 1 - 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.
To shop with us you are required to be at least 16 years old, have a valid payment method that is accepted by us as well as be authorized and have permission to use that payment method.
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.
Discount also commonly referred to as coupon codes are only applicable as advertised on our website. These codes cannot be stacked and can only be used one at a time upon checkout. We reserve the right to cancel and refund orders at anytime due to the use of a discount or coupon code.

We use a range of different shipping carriers to provide our products to you and you agree and authorise thePKGc to transact on your behalf with these providers. You acknowledge that thePKGc obligations to you end once we have provided the product to the shipping carrier and Pokegang takes no responsibility for any delay, loss or theft arising once the package has been provided to the shipping carrier. You agree that you shall have no recourse or right to compensation from thePKGc in relation to any delayed, lost, stolen or damaged products and will seek any relief and compensation from the shipping carrier directly. thePKGc accepts no responsibility for any shipping carriers actions and will not be liable in any way for any actions arising from the shipping carrier.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason and 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.

SECTION 3 - 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 4 - 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. Strikethrough prices may consider the discount code mentioned in the description.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

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 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.

SECTION 6 - 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.

For more detail, please review our Returns Policy.

SECTION 7 - 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.

SECTION 8 - 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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries or reviews) 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.

SECTION 10 - PERSONAL INFORMATION

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

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Under some circumstances your order may be placed on hold for a period of 24 hours before cancellation pending further verification that you're the authorized card holder and to protect from fraud. Pierce Tech, LLC, dba Verdict, located at 1480 Winton Ave, Lakewood, Ohio 44107 (“Verdict”) is the owner and operator of the independent and automated system used for this process and is governed by the privacy policy and terms of service by Verdict. While Pokegang does have access to view any information provided to Verdict, Pokegang has no control over and NEVER stores any personally identifiable information (including but not limited to identification, photos and signatures) in relation to the identity verification service provided by Verdict. 

As part of the identity verification process we may request a government issued ID, a selfie of yourself and/or a signature. This information is uploaded directly to Real ID and used to automatically verify that the order made is not fraudulent. For more information please find the Verdict Terms of Service available here - https://getverdict.com

SECTION 12 - USER GENERATED CONTENT

By purchasing any products from Pokegang and submitting or posting any materials or content via our Service and/or posting any materials and content on social media platforms (including but not limited to Instagram, TikTok and Facebook) mentioning Pokegang and/or featuring a Pokegang product, you grant to Pokegang a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your handle and content (the "Content") on thepkgclothing.com, thepkgclothing.com.au and/or on any of Pokegang' social media platforms (including but not limited to Instagram, Facebook, Google and TikTok) as well as in any and all advertising conducted by thepkgclothing. We can edit, crop, adapt, enhance, modify, reformat, reproduce, create derivative works from and publish any and/or all parts of the Content. You hereby represent, warrant and covenant that any User Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Pokegang the license specified above. Pokegang shall be entitled to use any User Generated Content without incurring obligations of confidentiality, attribution or compensation to you and will not be required to provide notice of the use of the Content.

By posting and/or submitting any User Generated Content you agree that you have the explicit permission of everyone and anything in the Content, the ability to grant Pokegang the rights as well as being at least 18 years of age.

We understand that in some instances you may change your mind about being featured on any and/or all of the Pokegang social media platforms and websites and if you and/or anyone featured within the content requests for the removal of the content, we may make every attempt and effort to remove the content from social media accounts and websites that we control.

If you do not wish to grant this license and associated permissions to Pokegang prior to submitting or posting any user generated content but still wish to feature a Pokegang product or mention Pokegang please let us know prior to posting with your handle and content and we will ensure that we do not use your content. This opt out does not apply for creator and/or influencer content that has been pre-arranged or agreed upon prior to providing content.

SECTION 13 - CREATOR CONTENT

This section specifically relates when communication occurs with a creator / influencer and a Pokegang representative along with a mutual agreement for the creator / influencer to provide services. Section 13 in this case supersedes any and all parts of Section 12.
Your agreeance to the terms and conditions set out in Section 13 is constituted and implied by agreeing to the requests made by Pokegang and/or providing your address and/or providing a list of goods and/or services you wish to receive from Pokegang.

Pokegang may contact you from time to time with requests to create content which may include photos and videos and/or to create content for posting across social platforms including but not limited to TikTok, Instagram, Google, Facebook.

You agree to grant to Pokegang a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your name, social handle and content on Pokegang.com, Pokegang.com.au and/or on any social media platforms (including but not limited to Instagram, Facebook, Google and TikTok) as well as in any and all advertising conducted by Pokegang or to a third party on behalf of Pokegang. We reserve the right to edit, crop, adapt, enhance, modify, reformat, reproduce, create derivative works from and publish any and/or all parts of the content. You hereby represent, warrant and covenant that any content you provide does not violate any law or the rights of any third party, and you have full right to grant Pokegang the license specified above. Pokegang shall be entitled to use any content without incurring obligations of confidentiality, attribution or compensation to you and will not be required to provide notice of the use of the Content. There is no opt out process related to this license.

By submitting and/or posting any content you agree that you have the explicit permission of everyone and anything in the content, the ability to grant Pokegang the rights as well as being at least 18 years of age. 

SECTION 14 - 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, product images, 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 15 - 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.

Our Service must not be framed or linked to on any other site without our permission.

SECTION 16 - TERMTINATION

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 Pokegang, 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 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pokegang 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 18 - 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.