Terms and Conditions
Welcome to HypeX!
These terms and conditions outline the rules and regulations for the use of HypeX's Website, located at https://hypex.site.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use HypeX if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing HypeX, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, HypeX and/or its licensors own the intellectual property rights for all material on HypeX. All intellectual property rights are reserved. You may access this from HypeX for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from HypeX
Sell, rent, or sub-license material from HypeX
Reproduce, duplicate or copy material from HypeX
Redistribute content from HypeX
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. HypeX does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of HypeX, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, HypeX shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
HypeX reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant HypeX a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of HypeX; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to HypeX. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of HypeX's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
HypeX User Agreement
This User Agreement, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “services”) set out on which HypeX offers access to and use of our services.
The entity you are contracting with is a Zimbabwean based multinational technology company focusing on e-commerce, cloud computing, online marketing, digital streaming and artificial intelligence concerned on giving brands solutions for selling their products/services online, getting their products shipped to all their customers around the world, marketing their products and brand, increasing their day-to-day sales and getting known worldwide. HypeX (hype.site) 31 Rains, Avonlea, Harare, Zimbabwe.
Any guidance HypeX provides as part of our Service, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, HypeX has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listing; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using HypeX
In connection with using or accessing our Services you agree to comply with this User Agreement, Our policies, our terms and all applicable laws, rules and regulations and you will not:
Breach or circumvent any laws, regulations, third party rights or our system, services, policies or determination of your accounts status;
Use our services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our services, or are a person with whom transactions are prohibited under economic or trade sanctions;
Fail to pay for items purchased by you , unless you have a valid reason as set out in a HypeX policy, for example, where the seller has materially changed the item’s description after you have purchased;
fail to deliver items sold by you, unless you have a valid reason as set out in a HypeX policy;
manipulate the price of any item or interfere with any other user’s listings;
take any action that may undermine the feedback or ratings systems;
transfers your HypeX account (including feedback) and user ID to another party without our consent;
share your log in credentials with any third parties. If you require that authorised third parties (employees, agents, etc.) have access to your account we offer a program for that purpose.
create listings, post, or upload content in an inappropriate categories or areas our our sites;
post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm HypeX or the interest or property of users;
use any robot, spider, scrapper,data mining tools, date gathering and extraction tools, or other automated means to access our services for any purpose, expect with the prior express permission of HypeX;
circumvent any technical measures used to provide our services;
interfere with the functioning of our services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
export or re-export any HypeX application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
infringe the copyright trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, ‘intellectual property rights”) that belong to or are licensed to HypeX. some , but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decomposing, disassembling or preparing derivative works from content that belong to HypeX or someone else;
infringe any intellectual property rights that belong to third parties affected by your use of our services or post content that does not belong to you;
commercialise any HypeX application or any information, data, or software associated with such application, except with the prior express permission of HypeX; or harvest or otherwise collect or use information about users without their consent.
Sellers must meet HypeX’s minimum performance standards. Failure to meet these standards may result in HypeX charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing HypeX and/or our services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend or terminate your user account(S) and access to our services, delay or remove hosted content, remove any special status associated with your account, remove, not display, and/or demote listings, reduce or eliminate and discounts, and take technical and/or legal steps to prevent you from using our services.
We may cancel unconfirmed accounts or accounts that have been inactive for substantial period of time. Additionally, we reserve the right refuse, modify, or terminate all or part of our services to anyone for any reason at our discretion.
2 Policy Enforcement
When a buyer or seller issue irises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our services to anyone, or to terminate this agreement with anyone, for any reason at our description.
3 Fees and Taxes
We charge sellers for the use of our services. In some cases, where buyers receive supplemental services such as authentication or storage services for items in certain categories, we may also charge those buyers for such supplemental services.
The fees we charge sellers for using our services to sell goods and services are listed on our (selling fees) pages on our site. We may change our selling fees from time to time by posting the changes on the HypeX site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any charges that result in the reduction of fees.
If you are a seller, you are liable for fees arising out of all sales made using some or all of our services, even if sales terms are finalised or payment is made outside of HypeX. In particular, if you offer reference your contact information or ask a buyer for their contact information i the context of it, you may be liable to pay a value fee applicable to that item, even if the item doesn’t sell, given your usage of our services for the introduction to a buyer.
You as a seller have a payment methadone file when using our selling services and pay all fees and applicable taxes associated with your use of our services y the payment due date. If your payment method fails to your account is past due, we may place restrictions on your account, or the HypeX payments Entities may collect amounts owed.
4 Listing Conditions
When listing an item for sale on our services, you may agree to comply with HypeX Listing policy and selling practices policy and also agree that;
You assume full responsibility for the item offered and take accuracy and content the listing
Your listing may not be immediately searchable by keyword or category for several hours (up to 24hrs in some circumstances). HypeX can’t guarantee listing duration
Your fixed-price listing may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or listing is ended by you or HypeX, in the sole discretion
The content you provide complies with all of our listing policies, including the image, video and text policy.
Content that violet any of HypeX polices may be modified, obfuscated or deleted at HypeX’s sole discretion
We may revise product data associated with listings to supplement, remove, or correct information,
We strive to create a marketplace where buyers finds what they are looking for, therefore. the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to;
buyer’s location, search query, browsing site, and search history;
items’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query
sellers’ history, including listing practices, HypeX policy compliance, feedback and defect rate; and number of listings matching the buyers’s query
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
some advanced listing upgrades will only be visible on some of our services.
Metatarsi and URL links that are included in a listing may be removed or altered
We may provide you with options recommendations to consider when creating your listings, such recommendations may be based on the aggregated sales and performances history of similar sold and/or current listings; results may vary for individuals listings.To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other seller,
You will not sell and will promptly remove all listings for any product recalled by a manufacture governmental agency if the sale of the product is prohibited by law or regulations or the product poses a health or safety hazard as specified by any governmental agency. HypeX has no responsibility or liability for the safety or performances of any product that you list or sell using our services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in or compliances with any public or private recall of any product you list or sell using our services.
HypeX may publish and promote your listings, including related content such as username, product reviews and feedback on the website or in the application, services, and tools of other HypeX Inc. corporate family members or cooperating this-party operators of websites, application, services and tools and
Selling fees do not purchase exclusive rights to item exposure on our services. We may display third-party advertisement (including links and references thereto) or other content in any part of our services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to sellers.
5 Privacy of Others; Marketing
If HypeX provides you with information about another user, you agree you will use the information only for the purpose that it is provided to you. You may not disclose or distribute a user’s information to the third party for purposes unrelated to our services. Additionally, you may only send marketing communication to users who have consented to receive them in accordance with applicable laws, and only using HypeX services
6 Returns and Cancellation for Sellers
When the item is returned or if transactions is cancelled after payment has been completed, HypeX may issue a refund to the buyer on the seller’s behalf and charge the seller for the amount of the refund.
Buyers generally do not have the right to cancel an order, Buyers can request to cancel an oder on HypeX within the time period and as provided in our oder Cancellation Policy, and the seller will have 3 days to accept or decline the request. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return.
In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to the seller. if the buyer is responsible for the return shipping cost, the buyer may elect to use a HypeX generated shipping label or purchase a shipping label directly from a carrier. By choosing to use a HypeX generated shipping label you (as a buyer) agree that HypeX may deduct the cost of the shipping label from the refund owed to you.
7 Disclaimer of Warranties; Limitation of Liability
We try to keep our services safe, secure and functional property, but we cannot guarantee the continuous operation of the access to our service. Purchase update and other notification functionality in HypeX’s application may not occur in real time.Such functionality is subject to delays beyond HypeX’s control.
You agree that you are making use of our services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by the applicable law, we exclude all express or implied warranties,terms and conditions including, but no limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will HypeX (including our parent, subsidiaries, and affiliates, and their officers, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses.
(including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or HypeX was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiary and affiliates and our and their officers, directors, agents, and employees) are not liable and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using our services;
your use of your inability to use our services
pricing, shipping, format, or other guidance provided by HypeX
delays and disruptions in our services;
viruses or other malicious software obtained by accusing or linking to our services;
glitches, bugs errors, or inaccuracies of any king in our services
damages to your hardware device from the use of any HypeX services;
the content, actions of inactions of third parties, including items listed using our services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the use of the Using HypeX section above;
the duration or manner in which your listing appear in search result as set out in the Listing Conditions section above; or
your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies;
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents ) harmless from any claim or demand, including reasonable legal fees, made by amy third party due to or arising out of your breach of this User Agreement, your improper use of our services or your breach of any law or the rights of a third party.
By signing this agreement you also agree to pay your monthly agreed fees three (3) days before your agreed payment day (Note that your subscription starts the day this agreement is signed by both parties)
Termination
You can terminate this contract anytime, To terminate the contract, you must have paid your full subscription for the previous month and also for the whole month of termination. HypeX has full rights to change this contract anytime without questioning anyone or requesting approval from anyone. Sellers also have the right to refuse to sign the new agreement (if not willing to). This agreement is automatically cancelled the moment sellers refuse to sign the newer agreement.
This is in an agreement dated ………………………… between HypeX (hype.site), 31 Rains, Avonlea, Harare, Zimbabwe.
………………………………
HypeX, Founder, Stanford Kazoe
and ………………………………………………………………………………………………………………………………………….
Signature: …………………………………………………….
Name and position: ………………………………………………………………………………………………………..