Terms of Use
Please read these terms carefully before using our website and services.
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1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Vaklymerxythapur ("we," "us" or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
2. Intellectual Property Rights
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
The Content and the Marks are provided on the website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content and the Marks.
3. User Representations
By using the website, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms of Use
- You are not under the age of 16
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the website for any illegal or unauthorized purpose
- Your use of the website will not violate any applicable law or regulation
4. Products and Services
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice.
5. Purchases and Payment
We accept various forms of payment for products and services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order placed through the website. 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 payment method, and/or orders that use the same billing or shipping address.
6. Prohibited Activities
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:
- Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
- Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email
- Use the website to advertise or offer to sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the website
- Engage in unauthorized framing of or linking to the website
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
- Make improper use of our support services or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages
- Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
- Attempt to impersonate another user or person or use the username of another user
- Use any information obtained from the website in order to harass, abuse, or harm another person
- Use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise
7. User Generated Contributions
The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website.
Any submissions you make are governed by our guidelines. When you create or make available any contributions, you thereby represent and warrant that your contributions do not violate any applicable laws, regulations, or third-party rights.
8. Contribution License
By posting your contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such contributions for any purpose, commercial, advertising, or otherwise.
9. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Website Management
We reserve the right, but not the obligation, to: (1) monitor the website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; (4) remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
11. Term and Termination
These Terms of Use shall remain in full force and effect while you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
12. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
13. Governing Law
These Terms shall be governed by and defined following the laws of New Zealand. Vaklymerxythapur and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
14. Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts located in Auckland, New Zealand, and both parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
15. Disclaimer
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
16. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Contact Us
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:
Vaklymerxythapur
15 Williamson Avenue, Grey Lynn, Auckland 1021, New Zealand
Phone: +64 9-378 1813
Email: touch@vaklymerxythapur.world