Terms of service
Next Group LLC owns Novaarker, which runs this website. The website calls Novaarker "we", "us", and "our". Ergo Sky lets you, the user, use this website and all of its tools, resources, and services as long as you agree to all of the terms, conditions, guidelines, and notices listed below.
By using our website and/or making a purchase, you agree to obey these terms and conditions (sometimes called the "Terms of Service" or "Terms"), as well as any other terms, conditions, and policies that are connected to this page or can be reached by clicking on a link. These Terms of Service apply to everyone who uses the site, including but not limited to browser users, vendors, customers, merchants, and/or content creators.
Please read these Terms of Service carefully before using or visiting our website. You agree to these Terms of Service by using or visiting any part of the website. If you don't agree with any of the terms and conditions, you can't use any Services or access the website. If these Terms of Service are seen as an offer, acceptance is limited to them.
We are not responsible for international customs and taxes; the customer is. If you need to return or exchange something, you will have to pay for shipping and customs.
If a customer wants to return an item for a refund but the item can't be delivered because the address is wrong, the order will be refunded minus the cost of shipping. You can't get your shipment money back.
Shopify Inc. is the firm that runs our store. They give us an online store so we can market our goods and services.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the legal age of majority in your country, state, or province of residence, or that you are the legal age of majority in your state or province of residence and that you have allowed any of your minor dependants to use this site. Please do not visit or use this site in any way if you are not at least 18 years old. You have to be at least 18 years old to agree to this.
You agree not to break any local laws, including copyright laws, or use our products for any illegal or unauthorised purposes when you use the Service.
You can't send in any worms, viruses, or other harmful software.
If you break or violate the terms, your services will be immediately stopped.
SECTION 2: GENERAL TERMS
We can refuse service to anyone at any moment for any reason.
You accept that your content, which does not include credit card information, may be sent over different networks in an unencrypted manner and may be altered to meet the technological needs of the networks or devices that are connected. Every time credit card information goes over a network, it is encrypted.
You agree not to copy, sell, resell, or use any part of the service, access to the service, or any content on the website where the service is given without our express permission first. The headers in this agreement don't change what it says; they're only there to make it easier to read.
SECTION 3: INFORMATION THAT IS CORRECT, FULL, AND UP-TO-DATE
We are not responsible for any mistakes, out-of-date material, or missing information on this website. You shouldn't rely on or use the information on this website as the only basis for your decisions without first checking with more reliable, accurate, complete, or up-to-date primary sources of information.
It is mostly meant to give people information. You use the information on this website at your own risk. There may be historical stuff on this website. Older material is out of date by nature and is just there for your convenience. We don't have to tell you when information on our site changes, but we do have the right to update the material at any time.
You agree that you need to keep an eye on any changes made to our website.
SECTION 4: CHANGES TO THE SERVICE AND PRICES
Prices for our products can change at any time. We can change or stop the service (or any part or content of it) at any time and without warning. We won't be responsible to you or anyone else for any changes, price changes, service suspensions, or terminations.
SECTION 5: PRODUCTS OR SERVICES (if necessary)
Some products and services could only be offered through the website. We only allow returns and exchanges according to our return policy. Some products and services may only be available in small amounts.
Even while we've done everything we can to make sure the colours and images of the products in our shop are correct, we can't promise that the display on your device will be correct.
We can stop anyone, any business, or any area from buying our goods or services, but we don't have to. We have the right to use this power if we need to. We have the right to limit how many of our items or services we sell. We can change the prices and descriptions of our products at any moment, without warning, and at our own discretion. We can stop selling any item at any moment. If this website says you can't make an offer for a product or service, that offer is not valid.
We can't promise that the quality of any goods, services, data, or other items you buy or acquire will meet your expectations or that any problems with the service will be fixed.
SECTION 6: CHECKING THE ACCURACY OF BILLING AND ACCOUNT INFORMATION
We have the right to turn down any order you make with us. We can limit or end an order's capacity for one person, a family, or both to buy a set number of products. These rules may apply to orders made using the same credit card, customer account, or billing and/or delivery address. We may try to get in touch with you using the email address, billing address, or phone number you supplied us when you placed the order if we decide to amend or cancel it. We may choose to limit or ban orders that seem to come from persona non grata, dealers, resellers, distributors, or those who are trying to cheat us.
You promise to give us accurate, comprehensive, and up-to-date information about your transactions and accounts every time you buy something from our store. You promise to keep your account and other information up to date so that we can finish your transactions and get in touch with you when we need to. This information includes your credit card numbers, expiration dates, and email address. Please look at our return policy on our website and at checkout for more information.
You can pay with any of the following credit or debit cards:
- MasterCard
- Visa
- Find out
- Amex
- JCB
- The Diners Club
- Payments with Apple Pay, Amazon Pay & many more
SECTION 7: OPTIONAL TOOLS
We might let you use tools from other companies that we don't have any control over.
You agree and understand that we are giving you access to these tools "as is" and "as available", without any guarantees, warranties, or terms of any kind. We are not responsible for any use of optional third-party tools that you use.
You use any optional tools that are available on the website at your own risk and choice. You should also read and agree to the terms set by the relevant third-party provider(s) before using any tools.
We may also add new features and/or services to the website in the future, like new tools and resources. These Terms of Service shall also apply to any additional features or services that are added.
SECTION 8: LINKS TO THIRD PARTIES
Some of the things we offer, such as products, services, and information, may include materials from other companies.
This website may have links to other websites that are not ours. We don't make any promises or assume any responsibility for any third-party websites, content, goods, or services. We also aren't responsible for checking or judging the accuracy or content.
When you buy or utilise goods, services, materials, resources, or anything else through a website operated by a third party, you are responsible for all risks and liabilities. Before you do any business with a third party, please read their rules and policies carefully and make sure you understand them. If you have questions, complaints, or concerns about their products, you should get in touch with the third party directly.
SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You agree that we can use your comments for any reason, including editing, copying, publishing, distributing, translating, and other uses in any media, at any time, without restriction, when you send us original ideas, suggestions, proposals, plans, or other materials, via email, mail, or another method, at our request.
We are not required to (1) keep any comments private, (2) pay for any comments, or (3) respond to any comments.
We may, but are not required to, monitor, edit, or remove any content that we believe violates anyone's intellectual property or these Terms of Service, or is illegal, offensive, threatening, libellous, libellous, pornographic, obscene, or otherwise objectionable.
You agree that anything you say will not infringe on the rights of any third party, such as copyright, trademarks, privacy, personality, or any other sort of personal or proprietary property. You also undertake to make sure that nothing in your comments is abusive, pornographic, against the law, libellous, or breaks any other laws. You also pledge not to include any malware or viruses that could stop the service or any related website from working correctly. You can't use a fake email address, pretend to be someone else, or lie to us or anybody else about where comments come from. You are totally responsible for whatever you say, including whether or not it is true. We don't accept or take any responsibility for any comments that you or anyone else may post.
SECTION 10: PERSONAL DATA
When you give us personal information through the store, our Privacy Policy applies.
SECTION 11: MISTAKES, INACCURACIES, AND MISSING INFORMATION
There may be typos, mistakes, or missing information concerning product descriptions, prices, promotions, offers, shipping charges, transit times, and availability on our website or in the service. If any information in the service or on any connected website is wrong (even after you have finished completing your order), we can fix it, change it, or cancel your order at any time and without warning.
We can change, update, or clarify any information on the service or any website that is linked to it, including but not limited to pricing information, unless the law says we have to. There may not be a clear date for when the service or any connected website will be updated or refreshed, but it doesn't indicate that all of the material on those sites has been modified or updated.
SECTION 12: USES THAT ARE NOT ALLOWED
In addition to the other rules in the Terms of Service, you are not authorised to use the site or any of its content. (a) for any illegal purpose; (b) to encourage others to carry out or take part in any illegal acts; (c) to break any international, federal, provincial, or state laws, rules, regulations, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to engage in any form of harassment, abuse, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminatory behaviour 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 can stop you from using the Service or any connected website if you break any of the rules.
SECTION 13: LIMITATION OF LIABILITY AND NO WARRANTIES
We don't promise or guarantee that your usage of our service will be safe, continuous, or on time.
We can't promise that the results you get from utilising the service will be correct or reliable.
You understand that we may stop the service for an unknown amount of time or end it at any point without letting you know ahead of time.
You understand that you are fully responsible for any risks that come with using or not utilising the service. The service and all goods and services that are provided to you through it are offered "as is" and "as available" for your use, free from any representations, warranties, or conditions of any kind, whether explicit or implied, including all implied terms about merchantability, merchantable quality, fitness for a specific purpose, durability, title, and non-infringement.
ErgoSky, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will never be responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, 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, that arise 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. In certain states or countries, it is not possible to limit or exclude liability for consequential or incidental damages. In those states or jurisdictions, our liability will be restricted to the fullest extent allowed by law.
SECTION 14: PROTECTION
You agree to protect these Terms of Service and the materials they refer to from any legal action. Novaarker and all of its parent companies, affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, subcontractors, service providers, interns, and workers are shielded from any claim or demand made by a third party, including reasonable legal expenses.
SECTION 15: SEVERABILITY
If any part of this service agreement is found to be illegal, void, or unenforceable, the agreement will be considered terminated. The rest of the agreement will still be enforceable to the fullest extent allowed by law. The other parts will still be lawful and enforceable.
SECTION 16: THE WHOLE AGREEMENT
If we don't follow or enforce any of these Terms of Service, we won't be seen as giving up any rights or conditions.
This agreement takes the place of all past or current oral or written agreements, conversations, and proposals between you and us. It also sets the rules for how you can use the service. This includes all past versions of the Terms of Service, but it is not restricted to them. These Terms of Service and other policies or operating guidelines we may post on this website or about the service are the only things that make up the full agreement and understanding between you and us.
If there is any doubt, these Terms of Service will not be read against the person who wrote them.
SECTION 17: THE LAW THAT GOVERNS
The laws of the United States will govern how these Terms of Service and any other agreements we make with you to provide you with Services are read and understood.