Terms of service
Terms of Service
This website is operated by Fathomly Commerce Inc. References to “we”, “us” and “our” throughout the site mean Fathomly Commerce Inc. We provide you (the User) with this website, along with all information, tools and services available on the site, subject to your acceptance of all terms, policies and notices set forth herein.
By visiting our website or placing an order with us, you are entering into our “Service” and agreeing to be bound by the following Terms of Service (the “Terms”), including any supplementary terms, conditions and policies referenced herein or accessible via hyperlink. These Terms apply to all users of the site, including browsers, suppliers, customers, merchants and content contributors.
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. If you do not accept all provisions of this agreement, you may not access the website or use any services. If these Terms of Service are regarded as an offer, acceptance is limited exclusively to these Terms.
Any new features or tools added to the store shall also be governed by these Terms of Service. You may review the latest version of the Terms of Service on this page at any time. We reserve the right to update, amend or replace any part of these Terms by posting revisions on the website. It is your responsibility to check this page periodically for changes. Your continued access to and use of the website after revisions are posted constitutes acceptance of all updated terms.
Section 1 – Online Store Terms
By accepting these Terms of Service, you warrant that you have reached the age of majority in your state or province of residence. If you are of legal age, you also confirm that you authorize any minor dependents under your guardianship to use this website.
You may not use our products for any illegal or unauthorized purposes. When using the Service, you must comply with all laws applicable in your jurisdiction (including but not limited to copyright laws).
You are prohibited from transmitting worms, viruses or any code of a destructive nature.
Any breach of these Terms will result in the immediate termination of your access to our Services.
Section 2 – General Conditions
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that content you upload (excluding credit card information) may be transmitted unencrypted, which includes: (a) transmission across multiple networks; (b) reformatting to meet technical requirements of connected networks or devices. Credit card information is always encrypted during network transmission.
Without our express written consent, you may not reproduce, repost, sell, resell or exploit any portion of the Service, the right to use the Service, access to the Service, or any contact channels on the website related to the Service.
Headings within this agreement are provided for convenience only; they shall not limit or otherwise affect these Terms and carry no legal binding force.
Section 3 – Accuracy, Completeness and Timeliness of Information
We accept no liability if information published on the site is inaccurate, incomplete or out of date. Materials on the site serve only as general reference. You must not rely solely on information from this website to make decisions; you should consult authoritative, accurate, complete and up-to-date alternative sources. You rely on content from this site entirely at your own risk.
The website may contain historical data, which is not current and is for reference only. We reserve the right to modify website content at any time, but we have no obligation to continuously update information on the site. You are responsible for monitoring changes to website content.
Section 4 – Modifications to Services and Pricing
Product prices may be adjusted without prior notice.
We reserve the right to modify, suspend or terminate the Service (or any part thereof) at any time without advance notification.
We shall not be liable to you or any third party for any service adjustments, price changes, suspensions or discontinuations.
Section 5 – Products and Services
5.1 Statement of Main Business
This website is operated by Fathomly Commerce Inc. The core and main commodities sold through this website are adult sex toys. All transactions and platform services provided herein revolve around adult sex toy products.
5.2 General Purchase Rules
Certain products or services are available for purchase exclusively online via the website with limited stock. Returns and exchanges shall be processed solely in accordance with our Return & Refund Policy.
We have made every reasonable effort to display product colours and images accurately on the page; however, we cannot guarantee that colours displayed on your monitor match the physical goods exactly.
We reserve the right (but are not obligated) to restrict sales of our products and services to specific individuals, regions or jurisdictions and may exercise this right on a case-by-case basis. We also reserve the right to limit purchase quantities. All product descriptions and pricing may be revised by us at any time without notice, and we may discontinue any product at any time. Any product offer published on this site shall be void in regions where such trade is prohibited by law.
We do not warrant that products, services, information or other materials you purchase will meet your expectations, nor do we guarantee that all faults within the Service will be rectified.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to reject any orders you submit. We may, at our sole discretion, limit or cancel purchase quantities per individual, household or single order. Restrictions cover orders placed under the same account, using the same credit card, or sharing identical billing and/or shipping addresses. If we modify or cancel an order, we will attempt to notify you via the email address, billing address or phone number provided at checkout. We reserve the right to restrict or reject orders we reasonably believe are submitted by dealers, resellers or distributors.
You agree to provide truthful, complete and up-to-date purchase and account information when placing orders in our store, and promptly update details including email address, credit card numbers and expiry dates to enable us to complete transactions and contact you when necessary. Please refer to our Return & Refund Policy for further details.
Section 7 – Optional Third-Party Tools
We may provide you with access to third-party tools. We do not monitor, control or intervene in the operation of such tools.
You acknowledge and agree that we grant access to these tools on an “as-is” and “as-available” basis without any warranties, representations, conditions or endorsements of any kind. We shall bear no liability arising out of or related to your use of optional third-party tools.
Your use of third-party tools accessible through the website is entirely at your own risk and discretion. You must review and accept the terms provided by the relevant third-party operators. We may launch new services and features (including new tools and resources) via the website in the future, and such new offerings shall also be subject to these Terms of Service.
Section 8 – Third-Party Links
Some content, products and services within our Service may incorporate materials provided by third parties.
Third-party links on this site may redirect you to external websites that are not affiliated with us. We are not required to examine or verify the content or accuracy of third-party websites. We offer no warranties and accept no liability for third-party materials, websites, products or services.
We are not responsible for any losses incurred through purchases, transactions or use of resources on third-party websites. Please carefully review the policies of third-party platforms before conducting any transactions. Complaints, claims or enquiries regarding third-party products should be directed to the relevant third party.
Section 9 – User Comments, Feedback and Other Submissions
If you submit materials at our request (such as competition entries), or voluntarily send creative ideas, suggestions, proposals, plans or other materials (whether online, by email, post or other means, collectively referred to as “Comments”), you grant us an unlimited, perpetual right to edit, copy, publish, distribute, translate and otherwise use all Comments you send to us via any medium.
We have no obligation to: (1) keep Comments confidential; (2) pay compensation for Comments; (3) respond to any Comments.
We may (but are not required to) monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, pornographic, obscene or otherwise objectionable, or infringes intellectual property rights of others or violates these Terms of Service.
You warrant that your Comments shall not infringe any third-party rights, including copyright, trademark, privacy, personality and other personal or proprietary rights. Your Comments must not contain defamatory, illegal, abusive or obscene content, nor viruses or malicious programs that may disrupt the operation of this website or associated platforms. You may not use a false email address, impersonate another person or mislead us or third parties regarding the origin of any Comments. You are solely responsible for the authenticity and all consequences of any Comments you post. We accept no liability for content 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. You may consult the Privacy Policy for further information.
Section 11 – Errors, Inaccuracies and Omissions
Occasionally, pages of the website and Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, transit times and stock availability. We reserve the right to correct errors, update information or cancel orders without prior notice, even after you have submitted your order.
Except where required by law, we have no obligation to update, amend or clarify information on the website or within the Service (including pricing information). Any update timestamp displayed on the page does not indicate that all information has been revised.
Section 12 – Prohibited Uses
In addition to other restrictions set out in these Terms, you are prohibited from using the website and its content to:
(a) engage in any unlawful activity;
(b) induce others to commit or participate in illegal acts;
(c) violate international, federal, state or local laws and regulations;
(d) infringe intellectual property rights belonging to us or third parties;
(e) harass, insult, defame, intimidate others, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) submit false or misleading information;
(g) upload or transmit viruses or malicious code that disrupts the operation of this website, affiliated websites or the internet;
(h) collect or track the personal information of other persons;
(i) send spam, conduct phishing, or deploy web crawlers and scrapers;
(j) pursue obscene or immoral purposes;
(k) bypass or undermine security features of this website or associated platforms.
We reserve the right to terminate your access to the Service if you violate any of the above prohibitions.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that the Service will operate uninterrupted, timely, securely or error-free.
We do not warrant that results obtained through use of the Service will be accurate or reliable.
We may suspend the Service indefinitely or terminate the Service at any time without advance notice to you.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. Unless otherwise stated in writing by us, the Service and all goods delivered through the Service are provided on an “as-is” and “as-available” basis without any express or implied representations or warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall Fathomly Commerce Inc, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for personal injury, losses, claims, or any direct, indirect, incidental, punitive, special or consequential damages, including without limitation loss of profits, loss of revenue, lost savings, data loss and replacement costs. This liability rule applies regardless of whether the claim arises from contract, tort (including negligence), strict liability or other legal grounds, whether related to your use of the Service, goods purchased via the Service, or any other claims connected to the Service, even if we have been advised of the possibility of such damages.
Certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Fathomly Commerce Inc, together with its parent companies, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against all third-party claims and demands (including reasonable attorney fees) arising from your breach of these Terms of Service, violation of applicable laws, or infringement of any third-party rights. You shall bear all related defence and compensation obligations.
Section 15 – Severability
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such ruling shall not affect the validity and enforceability of all remaining provisions.
Section 16 – Termination
Obligations and liabilities incurred by both parties prior to the termination date shall survive termination of this agreement for all purposes.
These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing access to our website.
If we determine, or reasonably suspect, that you have failed to comply with any provision of these Terms of Service, we may terminate this agreement immediately without notice. You shall remain liable for all outstanding sums up to and including the termination date, and we may deny you access to all or part of our Services.
Section 17 – Entire Agreement
Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with all policies and operating rules published by us on this website relating to the Service, constitute the complete agreement between you and us governing your use of the Service. They supersede all prior and contemporaneous oral and written agreements, communications and proposals between the parties (including earlier versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the State of Colorado, United States.
Section 19 – Revisions to Terms of Service
You may review the latest version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting revisions on the website. It is your responsibility to check the website regularly for changes. Your continued access to the website or Service after revisions are posted constitutes acceptance of the updated Terms.
Section 20 – Contact Information
Questions regarding these Terms of Service may be emailed to: ShanmugavelCh751@gmail.com
Supplementary Provisions
Customers shall only be charged shipping fees once (including return shipments). No restocking fees will be charged to consumers for product returns.