OVERVIEW
The terms “we”, “us” and “our” refer to OCTAVIACONNER.
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 and 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.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to
use this site.
You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms or viruses or any
code of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written permission by
us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
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.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are
subject to change without notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
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.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND 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.
For more detail, please review our Returns Policy.
SECTION
7 - 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.
SECTION
8 - 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (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.
SECTION 10 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by our Privacy Policy.
To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND
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.
SECTION 12 - PROHIBITED USES
In addition to
other prohibitions as set forth in the Terms of Service, you are prohibited from using
the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
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 OCTAVIACONNER, 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.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
OCTAVIACONNER 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.
SECTION 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.
SECTION 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).
SECTION 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.
SECTION 18- CONTACT INFORMATION
- Email: [email protected]
SECTION 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.
SECTION 20 - 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 the Ireland.