1. Introduction
This website is operated by
cluvoxpower.com. Throughout the site, the terms “we”, “us” and “our”
refer to cluvoxpower.com. we offers 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 and/ 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 terms, conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of
content.
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 of Service. If you do not
agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these Terms
of Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
2. Privacy Policy & Cookies
By
using the Website, you represent and warrant that you have read and
understood and agree to be bound by Cluvox’s Privacy Policy (the
“Privacy Policy”), which is incorporated into this Agreement by
reference. Please visit the Cluvox Privacy Policy
As explained more
fully in the Privacy Policy, the Website uses Cookies to collect certain
information from you. By using the Website and agreeing to these Terms
of Use, you consent to Cluvox's use of Cookies in accordance with the
terms of our Privacy Policy.
3. Eligibility
By
accessing and/or using the Website, you represent and warrant that you
are at least eighteen (18) years of age, and are otherwise legally
qualified to enter into and form contracts under applicable law. If you
are using the Website on behalf of a business entity, you further
represent and warrant that you are authorized to act and enter into
contracts on behalf of that business entity.
4. Purchases & Payments
If
you purchase a Product through the Website, you will be required to
provide your billing and shipping information as well as information
regarding your credit or debit card (each, a “Payment Card”) so that we
may charge you for the costs and fees associated with your purchase. You
represent and warrant that you are the authorized account holder on all
Payment Cards you submit through the Website, and acknowledge and agree
that Cluvox has the right to charge your Payment Card for the cost of
the Products, and all taxes, shipping, and handling fees communicated to
you at the time of your purchase.
If you are not fully
satisfied with the Products purchased by you on the Website, you may
return the Product, in its original packaging, to Cluvox for a refund
within thirty (30) days of the date of your purchase. You can request
and arrange for such a refund by contacting us on this online chatting
or sent a Email to us(help@cluvoxpower.com) . After the 30-day refund
window has expired, your only recourse regarding the Products is through
our warranty.
At Cluvox’s sole discretion, you may be
permitted to purchase certain Products through Amazon.com (“Amazon”), or
by using the payment processing services of PayPal.com (“PayPal”). You
understand and agree that Amazon, Paypal are Third Parties, as that term
is defined below, and that if you choose to complete any portion of
your purchase through these Third Parties, your purchase may be governed
by the terms of service, privacy policies, refund policies, and other
policies and agreements of such Third Parties. It is up to you to
familiarize yourself with the policies and agreements of these Third
Parties.
5. Accuracy of Bills & Account Information
We
reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current,
complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact
you as needed.
This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your responsibility to
monitor changes to our site.
6. Assumption of Risk; Release
You
knowingly and freely assume all risk when using the Website. You, on
behalf of yourself, your personal representatives, and your heirs,
voluntarily agree to release, waive, discharge, hold harmless, defend,
and indemnify Cluvox and its owners, officers, directors, employees,
agents, affiliates, consultants, representatives, Sub-licensee,
successors, assigns, parents, subsidiaries, and related entities,
including Cluvox Technology (collectively, the "Company Parties") from
any and all claims, actions, or losses for bodily injury, property
damage, wrongful death, emotional distress, loss of privacy, or other
damages or harm, whether to you or to third parties, that may result
from your use of the Website.
7. Prohibited Conduct
Cluvox
imposes certain restrictions on your use of the Website. Any violation
of this Section 8 may subject you to civil and/or criminal liability.
You
must not use the Website in any way that causes, or may cause, damage
to the Website or impairment of the availability or accessibility of the
website, or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity.
You must not use the Website to
copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software.
You must not conduct any systematic or
automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in
relation to the Website without Cluvox’s express written consent.
You must not engage in any of the following conduct on the Website, which is expressly prohibited:
(a) Providing false, misleading, or inaccurate information to Cluvox or any other person in connection with the Website.
(b) Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity.
(c) Accessing content or data not intended for you, or logging into a server or account that you are not authorized to access.
(d)
Attempting to probe, scan, or test the vulnerability of the Website, or
any associated system or network, or breaching security or
authentication measures without proper authorization.
(e) Interfering
or attempt to interfere with the use of the Website by any other user,
host, or network, including (without limitation) by submitting malware
or exploiting software vulnerabilities.
(f) Forging, modifying, or
falsifying any network packet or protocol header or metadata in any
connection with, or transmission to, the Website (for example, SMTP
email headers, HTTP headers, or Internet Protocol packet headers).
(g)
Creating additional Accounts to promote your (or another's) business,
or causing others to do so; or paying anyone for interactions on the
Website.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without Cluvox’s express written consent.
8. Product or Services (if applicable)
Certain
products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We
have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
9. About Errors, Inaccuracies & Omissions
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake
no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related
website has been modified or updated.
10. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also,
in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
11. About Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
12.User Comments, Feedback & Other Submissions
If
you send certain specific submissions at our request, (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments
posted by you or any third-party.
13. Disclaimer of warranties
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all products and
services delivered to you through the service are (except as expressly
stated by us) provided 'as is' and 'as available' for your use, without
any representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall we,
our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
14. Indemnification
You
agree to indemnify, defend and hold harmless us and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
15. Severability
In the event that
any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any
other remaining provisions.
16. Termination
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and
until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for
all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
17. Entire Agreement
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral
or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Governing law
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws
of UK.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms of Service should be sent to us at help@cluvoxpower.com
Customers
will only be charged once for shipping costs (this includes returns);
No-restocking to be charged to the consumers for the return of a
product.