Terms of service

OVERVIEW

Welcome to Dodo Pants!

This website and online store are operated by The Hush Group Limited, a company incorporated in Hong Kong, trading as Dodo Pants (“Dodo Pants”, “we”, “us” or “our”).

The Hush Group Limited operates this store and website under the Dodo Pants brand, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

Dodo Pants is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or jurisdiction of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

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

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from The Hush Group Limited, trading as Dodo Pants.

We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices posted in our online store may differ from prices offered in physical stores or online or other stores operated by third parties.

We may from time to time offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store and to promptly update your information as necessary.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control.

Nothing in this section affects any rights you may have under applicable consumer protection laws.

I have deliberately softened Shopify's original “title and risk of loss passes to you once we transfer products to the carrier” wording. The template currently contains that blanket provision. For an international consumer store, I would not use that wording without having it checked against the consumer laws of the markets you're selling into.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by The Hush Group Limited, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other right to you under any patent, trademark, copyright or other intellectual property belonging to The Hush Group Limited, Shopify or any third party.

All rights not expressly granted herein are reserved.

The Dodo Pants name, logos, product and service names, designs and slogans are trademarks or other intellectual property of The Hush Group Limited, its affiliates or licensors and must not be used without our prior written permission.

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 appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by applicable law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should familiarise yourself with and approve the terms on which such tools are provided by the relevant third-party providers.

We may in the future offer new features through the Services, including new tools and resources. Such features shall be considered part of the Services and 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 embedded third-party functionality.

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 third-party materials or websites, you do so at your own risk.

To the fullest extent permitted by applicable law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered through third-party websites.

Please carefully review the third party's policies and practices before entering into any transaction with them.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Dodo Pants is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with The Hush Group Limited, trading as Dodo Pants.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Hush Group Limited, including any injury, damage or loss resulting from purchased products and services.

To the fullest extent permitted by applicable law, you expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Dodo Pants.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

Certain personal information may also be subject to Shopify's Privacy Policy.

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 in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, which may be located in countries or jurisdictions other than your own.

Please review our Privacy Policy for further information about how we, Shopify and our service providers collect, use, disclose and otherwise process your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.

We may use these rights to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that:

(a) you own or have all necessary rights to the Feedback;

(b) you have disclosed any compensation or incentives received in connection with your submission; and

(c) your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates intellectual property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for Feedback you provide and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to matters including product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted an order, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, national, provincial, state or local law or regulation;

(c) to infringe or violate our intellectual property rights or those of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person;

(e) to transmit false or misleading information;

(f) to send unsolicited advertising or promotional material, spam, chain letters or similar solicitations;

(g) to impersonate or attempt to impersonate another person or entity; or

(h) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Dodo Pants, Shopify or users of the Services or expose them to liability.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorisation; collect or track the personal information of others unlawfully; spam, phish, pharm or pretext the Services; interfere with security features; or attempt to circumvent measures designed to restrict unauthorised access to the Services.

We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms.

SECTION 14 – AGENTS

This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with the requirements below. An Agent may not access or interact with the Services if we have requested that it refrain from doing so.

We may limit, including through technical measures, whether and how Agents access, use and interact with the Services.

Agents must:

(a) identify requests as originating from an Agent and disclose the Agent's name in its user-agent string;

(b) not conceal or obfuscate that access or interactions originate from an Agent;

(c) not mimic human behaviour for the purpose of concealing automated access;

(d) not circumvent CAPTCHAs or other measures intended to distinguish computers from humans;

(e) respond truthfully to requests seeking to determine whether an interaction originates from a human or computer; and

(f) not circumvent measures intended to block, limit, modify or control Agent access to the Services.

I have retained this because it is part of Shopify's current generated terms, rather than assuming it is irrelevant to Dodo Pants. The original Agent provisions appear at Sections 13–14.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by applicable law.

You will remain liable for amounts properly due up to and including the date of termination.

The provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on it is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes, restricts or modifies any warranty, guarantee, condition, right or remedy that cannot lawfully be excluded, restricted or modified under applicable consumer protection law.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HUSH GROUP LIMITED, TRADING AS DODO PANTS, AND OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

This applies whether liability is alleged in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so or affects any statutory rights that cannot lawfully be excluded or limited.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Hush Group Limited, trading as Dodo Pants, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party due to or arising out of:

(a) your material breach of these Terms or documents incorporated into them;

(b) your violation of applicable law or the rights of a third party; or

(c) your unlawful or unauthorised access to or use of the Services.

We will notify you of an indemnifiable claim. Failure to notify you promptly will not relieve you of your obligations except to the extent you are materially prejudiced.

We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defence of indemnified claims.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law.

The unenforceable portion shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on the site or relating to the Services constitute the entire agreement between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications and proposals concerning the Services.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Subject to any mandatory rights you may have under applicable consumer protection laws, you and The Hush Group Limited agree to submit to the jurisdiction of the courts of Hong Kong.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will notify you of material changes, and those changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Dodo Pants
Operated by The Hush Group Limited
Email: hello@dodopants.com
Address: 1E, 126 Blue Pool Road, Hong Kong
Business Registration No.: 1298441