Terms of service

OVERVIEW

Welcome to Hoah Games! The terms “we”, “us” and “our” refer to Hoah Games. Hoah Games operates this store and website, including all associated information, content, features, tools, products and services, to offer you, as a customer, a personalized shopping experience (the “Services”). Hoah Games uses the Shopify platform, which enables us to provide the Services.

The terms below, together with the policies referenced in them (the “Terms of Use” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By accepting these Terms, you represent that you have reached the legal age of majority in your state or province of residence and consent to allowing your minor children to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or buying any products or services we offer, you may be asked to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide it.

You alone are responsible for the security of your account credentials and all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We have made every effort to present our products and services accurately in our online stores. However, colors or appearance may differ from what is displayed on your screen because of the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of products or services you buy will meet your expectations or be identical to what is presented or rendered in our online stores.

All product descriptions may be changed at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When placing an order, you make an offer to purchase. Hoah Games reserves the right to accept or reject your order for any reason at its discretion. Your order is accepted only after written confirmation from Hoah Games. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Hoah Games may be unable to accept cancellation requests after confirmation. If we reject, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided with the order.

Your purchases are subject to return or exchange conditions under our Refund Policy [[LINK]]. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price in effect when you order and will be shown in your order confirmation email. Unless expressly stated otherwise, displayed prices exclude taxes, shipping charges, handling charges, customs duties and import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may occasionally offer promotions on our Services that affect prices and are governed by conditions separate from these Terms. In case of a conflict, the promotion conditions prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if needed.

You represent and warrant that (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) your card issuer will honor the charges incurred, and (iv) you will pay the charges at the displayed prices, including shipping and handling charges and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures or events outside our control. Once products are handed to the carrier, title and risk of loss transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are the exclusive property of Hoah Games, its affiliates or licensors. They are protected by United States and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants you a license or other right to any patent, trademark, copyright or other intellectual property of Hoah Games, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Hoah Games reserves all rights not expressly granted in these Terms.

The names, logos, product and service names, designs and slogans of Hoah Games are trademarks of Hoah Games, its affiliates or licensors. You may not use them without prior written permission from Hoah Games. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may use customer tools provided by third parties as part of the Services, which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without our endorsement. We disclaim any liability arising from or relating to your use of optional third-party tools.

You use optional tools offered on the site entirely at your own risk and discretion. You are responsible for ensuring that you understand and accept the terms applicable to these tools as defined by the relevant third-party providers. We may offer new features through the Services in the future, including new tools and resources. These features will form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access them, you do so at your own risk.

We disclaim liability for harm or damage relating to your access to third-party websites or the purchase or use of products, services, resources or content on them. Please carefully review and understand third-party policies and practices before any transaction. Claims, complaints, concerns or questions about third-party products and services must be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

Hoah Games is powered by Shopify, enabling us to provide the Services. However, any sale or purchase in our Store is made directly with Hoah Games. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Hoah Games, including any damage, injury or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchase and transaction with Hoah Games.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you live, to provide the Services. See our Privacy Policy [LINK] for details of how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may use these rights to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under these Terms.

You also represent and warrant that (i) you own or have all necessary rights to the Feedback, (ii) you have disclosed any compensation or incentive received in connection with submitting it, and (iii) it complies with these Terms. We are under no obligation (1) to keep your Feedback confidential, (2) to pay compensation for it, or (3) to respond to it.

We may, but are not required to, monitor, edit or remove Feedback that we consider, in our sole discretion, unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe third-party rights, including copyright, trademarks, data protection, personality rights or other personal or proprietary rights. You further agree that it will not contain defamatory, unlawful, abusive or obscene statements or computer viruses or malware that could affect the Services or any related website. You may not use a false email address, impersonate another person or mislead us or third parties about the origin of the Feedback. You alone are responsible for your Feedback and its accuracy. We disclaim liability and cannot be held responsible for Feedback posted by you or a third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions, including in product descriptions, prices, promotions, offers, shipping costs, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information is inaccurate, at any time and without notice, including after your order is submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from directly or indirectly accessing or using them (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes intellectual property rights of Hoah Games, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or prejudice our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, download, use or reuse content that does not comply with these Terms; (g) to transmit or cause the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in conduct that restricts or interferes with others’ use or enjoyment of the Services or that, in our judgment, could harm or expose Hoah Games, Shopify or users to liability.

You further agree not to (a) upload or transmit viruses or other malicious code that may affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track others’ personal information; (d) use the Services for spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools including agentic AI, or automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or other measures we use to restrict access. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any of these Terms.

SECTION 14 — AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause an Agent to access, use or interact with the Services. An “Agent” is software or a service acting autonomously or semi-autonomously on behalf of, or under instructions from, a person or entity, which may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict accordance with section 14.4 below. No Agent may access, use or interact with the Services if we have asked it to refrain from accessing, using or interacting with any service.

14.3 We may limit, including by technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must (i) in all HTTP/HTTPS requests identify that the request comes from an Agent and disclose its name by including “Agent/[agent name]” in the user-agent string; (ii) not hide or disguise the fact that access, use or interaction comes from an Agent, including by (a) imitating human behavior or interaction patterns or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully answer any question or prompt intended to determine whether interactions come from a human or computer; and (iv) not circumvent or avoid measures intended to block, limit, modify or control Agents’ access, use or interactions with the Services.

SECTION 15 — TERMINATION

We reserve the right to terminate this agreement or your access to all or any part of the Services at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the termination date.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision whose nature requires survival.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general information only. We do not warrant its accuracy, completeness or usefulness. Any reliance on it is strictly at your own risk. We disclaim liability and warranties for the consequences of its use by you, any visitor or anyone informed of its content.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL HARM OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR SIMILAR HARM, WHETHER BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THEM, OR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE OF ANY KIND SUFFERED FROM THE USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hoah Games, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against losses, damages, liabilities or claims, including reasonable legal fees, owed to third parties and arising from (1) your breach of these Terms or documents incorporated by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of claims covered by this indemnity, provided that failure to notify promptly does not release your obligations unless you suffer substantial prejudice. We may control defense and settlement at your expense, including selection of legal counsel, but will not settle a claim imposing non-monetary obligations on you without your agreement, which you may not unreasonably withhold. You will cooperate in defending covered claims, including providing relevant documents.

SECTION 19 — SEVERABILITY

If a provision of these Terms is found unlawful, void or unenforceable, it remains enforceable to the maximum extent permitted by applicable law, and the unenforceable portion is deemed severed. Such determination does not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce a right or provision of these Terms of Service does not constitute a waiver. These Terms and policies or operating rules we publish on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous oral or written agreements, communications or proposals, including earlier versions of these Terms. Any ambiguity in interpreting these Terms will not be construed against the drafting party.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent. Any unauthorized attempted assignment is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreement under which we provide the Services are governed by and construed under the federal and state or territorial laws of the competent courts in the jurisdiction where Hoah Games has its registered office. You and Hoah Games expressly consent to the territorial and personal jurisdiction of those courts.

SECTION 23 — HEADINGS

Headings in this agreement are included for convenience and do not affect or limit interpretation of these Terms.

SECTION 24 — CHANGES TO THE TERMS OF USE

You can review the most recent version of the Terms of Service on this page at any time. At our sole discretion, we reserve the right to update, change or replace any part of these Terms by posting updates and changes on our website. You are responsible for checking the site periodically for changes. We will notify you of material changes in accordance with applicable law, and they take effect on the date stated in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance.

SECTION 25 — CONTACT INFORMATION

For questions about these Terms, please contact contacthoahgames@gmail.com.

Our contact details are:
Hoah Games
contacthoahgames@gmail.com
Rue du Châtelard 6, 2034 Peseux, Switzerland