Terms of service

OVERVIEW

This website is operated by HYPEGRID. Throughout the site, the terms “we”, “us”, and “our” refer to W4STED POTENTIAL. We offer 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 visiting our site 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 policies referenced herein or hyperlinked. These Terms apply to all site visitors, customers, merchants, and content contributors.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all conditions of this agreement, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., providing us with the online e-commerce platform to sell our products and services to you.

SECTION 1 - SMS & MESSAGING TERMS

By opting into W4STED POTENTIAL’s SMS marketing during checkout or via our subscription forms, you consent to receive recurring automated text messages (including order tracking, abandoned cart reminders, promotional deals, and review requests) at the phone number provided. Consent is not a condition of purchase.

  • Opting Out: You may unsubscribe at any time by replying STOP to any message or clicking the unsubscribe link within the text. You acknowledge that alternative opt-out requests (e.g., using different words) will not be recognized as valid.

  • Costs & Frequency: Message frequency varies. Standard message and data rates applied by your mobile provider may apply.

  • Support: Text HELP to the number sending messages or email info@wstedptnl.com for assistance.

  • Short Code Changes: We reserve the right to update the telephone numbers or short codes used to operate this service. Messages sent to retired numbers (including STOP or HELP requests) may not be received, and we are not liable for unfulfilled requests sent to old numbers.

  • Liability: To the extent permitted by law, we are not responsible for delayed, failed, or misdirected SMS deliveries, errors in messaging content, or actions taken in reliance on SMS communications.

For full details on how we handle your data, please see our Privacy Policy.

SECTION 2 - ARBITRATION & CLASS ACTION WAIVER

A. Binding Arbitration

By accessing our site or purchasing W4STED POTENTIAL products, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our services, or any alleged statutory violation shall be settled exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules.

Arbitration replaces court litigation; an independent arbitrator issues a binding decision in lieu of a judge or jury. The arbitrator’s decision must be in writing. Each party remains responsible for their own legal costs and attorneys’ fees unless applicable law dictates otherwise.

B. Arbitration Procedures

Claims will be resolved by a single arbitrator. Arbitrations shall take place in [Your County, State, USA], though proceedings may be conducted virtually, via phone, or through written submissions. The Federal Arbitration Act (FAA) and the laws of [Your State] govern this agreement. If the FAA is found not to apply, arbitration will be governed by the laws of New York State. All questions regarding the validity or enforceability of this arbitration provision fall under the arbitrator’s sole jurisdiction.

C. 30-Day Right to Opt-Out

You may opt out of this Arbitration Agreement within 30 days of your initial product purchase by mailing a written opt-out notice to:

W4STED POTENTIAL

Attn: Legal Dept / Arbitration Opt-Out

[Insert Physical Business Address]

Your notice must include your full name, mailing address, and a clear statement opting out of binding arbitration. Requests sent past the 30-day deadline will be void.

D. Class Action Waiver

All claims must be brought in an individual capacity. You and W4STED POTENTIAL agree not to act as a plaintiff, class member, or representative in any class, collective, or representative proceeding. An arbitrator cannot consolidate multiple claims or oversee any class-action process without explicit written consent from both parties.

SECTION 3 - ONLINE STORE & GENERAL CONDITIONS

  • Age Requirements: By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you have granted consent for any minor dependent to use this site under your supervision.

  • Prohibited Uses: You may not use our garments or site materials for illegal or unauthorized purposes, nor violate intellectual property or copyright laws.

  • Service Availability: We reserve the right to decline service to anyone for any legitimate reason at any time.

  • Data Transmission: You acknowledge that your content (excluding encrypted payment information) may be transferred unencrypted across networks to adapt to technical connection requirements.

  • Intellectual Property: You may not duplicate, copy, sell, or exploit any portion of the site or service without express written permission from W4STED POTENTIAL.

SECTION 4 - INFORMATION ACCURACY & SITE CHANGES

We make every effort to display accurate product details, pricing, and sizing, but we do not warrant that all site content is current, complete, or error-free. Material on this site is provided for general guidance only.

  • Price Changes: Prices and item availability are subject to change without notice.

  • Service Modifications: We reserve the right to modify, suspend, or discontinue any product line or service at any time without liability.

SECTION 5 - PRODUCTS & LIMITED DROPS

Certain products are sold exclusively online in limited quantities.

  • Returns & Exchanges: All merchandise is subject to our Refund Policy.

  • Color Accuracy: We strive to display product colors and textures accurately; however, display settings on individual monitors may cause slight variations.

  • Purchase Limits: We reserve the right to limit sales quantities per person, household, or geographical region on a case-by-case basis, particularly on limited-edition releases.

SECTION 6 - ACCOUNT & BILLING ACCURACY

We reserve the right to reject or limit any order placed with us. Restrictions may apply to orders under the same customer account, credit card, or shipping/billing address. If we alter or cancel an order, we will attempt to reach you via the contact info provided at checkout. Orders suspected of being placed by unauthorized resellers or distributors may be canceled.

You agree to supply accurate, up-to-date account details (including email addresses and card expiration dates) to ensure transactions can be completed properly.

SECTION 7 - THIRD-PARTY LINKS & OPTIONAL TOOLS

  • Optional Tools: We may provide access to third-party tools (e.g., payment gateways or tracking apps) over which we have no control. Access is provided "as is" without warranties or endorsement.

  • External Links: Third-party links on our store may direct you to external websites. We are not responsible for inspecting external content, privacy practices, or transactions made on third-party sites.

SECTION 8 - USER SUBMISSIONS & FEEDBACK

If you send us creative ideas, suggestions, reviews, or promotional entries (collectively, "comments"), you grant us unrestricted rights to edit, copy, publish, and distribute those materials across any media without financial obligation or requirement to respond.

You agree that your submissions will not violate third-party rights, copyright laws, or contain malicious code or viruses. You are solely responsible for the accuracy and legality of any comments you post.

SECTION 9 - PROHIBITED USES

In addition to other constraints outlined in these Terms, you are prohibited from using the site or its content:

  1. For unlawful or fraudulent actions.

  2. To infringe upon our intellectual property or the rights of others.

  3. To harass, abuse, insult, or discriminate against individuals based on protected characteristics.

  4. To transmit malicious code, viruses, or scrapers.

  5. To collect personal data from other users without authorization.

Violations will result in the immediate termination of your access to our store and services.

SECTION 10 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Our site and all products delivered to you are provided "as is" and "as available" without express or implied warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or durability.

In no case shall W4STED POTENTIAL, our directors, employees, affiliates, or suppliers be liable for direct, indirect, incidental, punitive, or consequential damages (including lost profits or lost data) arising from your use of the site or any products purchased through it. In jurisdictions that do not allow limitations on liability, our liability will be limited to the maximum extent permitted by law.

SECTION 11 - INDEMNIFICATION & SEVERABILITY

  • Indemnification: You agree to defend and hold harmless W4STED POTENTIAL, its officers, partners, and affiliates from any third-party claims or legal fees resulting from your breach of these Terms or violation of applicable laws.

  • Severability: If any provision of these Terms is deemed unlawful or unenforceable, that portion shall be severed without affecting the validity and enforceability of the remaining provisions.

SECTION 12 - GOVERNING LAW & TERMINATION

  • Termination: These Terms remain effective until terminated by either you or us. You may terminate at any time by ceasing to use our site. We may terminate your access immediately if you fail to comply with any provision.

  • Governing Law: These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Australia (or your applicable state/country jurisdiction).

SECTION 13 - CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to our support team:

  • Gmail: hypegridsupport@gmail.com

  • Website: hypegrid.ma