FocusBand Terms of Order and Sale
Effective Date: June 14, 2014
These terms and conditions of order and sale (“Order Terms”) set forth the terms upon which T 2 Green Pty Ltd, (“T 2 Green Pty Ltd”, “we”, “us” or “our”) sells, and you order and purchase, the T 2 Green Pty Ltd product (the “Product”) offered by T 2 Green Pty Ltd through the website (“FocusBand.com”or the “Site”). The term “you” means both the individual placing the order and the entity on whose behalf such individual is acting, if any.
By ordering and/or purchasing the Product, you represent and warrant that you have read and understood these Order Terms. This is a binding legal agreement between you and T 2 Green Pty Ltd and includes an arbitration clause under which certain claims may not be brought in court or decided by a jury. You should also carefully review our Private Policy before placing an order for goods or services through the Site. Do not order the product if you do not accept these Order Terms.
1.1 T 2 Green Pty Ltd will use reasonable commercial efforts to deliver the Product as described and in a timely manner. You understand that the Product is under development, and that numerous technical, financial, and practical obstacles may interfere with delivery of the Product to you and/or the features and functions of the Product thereafter.
1.2 You may not cancel or modify any order for the Product placed through the Site. Notwithstanding the foregoing, if T 2 Green Pty Ltd fails to commence shipping the Product after the one-year anniversary of the promised shipping date, upon written request from you, T 2 Green Pty Ltd may process a full refund to you.
2. Pricing and Payment
2.1 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your credit card or other payment source will be charged by us or our e-commerce platform immediately upon your placement of an order through the Site.
2.2 You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. Credit cards, PayPal or such other payment method specified by the Site will be accepted for all purchases by us or our e-commerce platform. You represent and warrant that the payment information that you supply is true, correct and complete, and that charges incurred by you will be honored by your credit card company or other payment processing service.
3.1 Risk in the Product passes to you on T 2 Green Pty Ltd’s delivery of the Product to the carrier, and you are responsible for any loss or damage to Product from that point.
4. Restrictions on Use
4.1 You shall use the Product only for personal purposes and shall comply in full with all terms and conditions imposed by us upon the operation and use of the Product. You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the Product.
5. Intellectual Property
5.1 T 2 Green Pty Ltd owns all intellectual property rights in the Product. You shall acquire no interest or rights in T 2 Green Pty Ltd’s intellectual property rights by virtue of these Order Terms, except as expressly granted herein or in the applicable terms and conditions.
6. Replacement of Product
6.1 If you believe any Product shipped to you is faulty, contact T 2 Green Pty Ltd in writing to request a return. T 2 Green Pty Ltd may, in its discretion, accept returns for goods that are defective or damaged provided that notice is provided to T 2 Green Pty Ltd in writing within thirty (30) days of your receipt of such Product. No returns will be accepted by T 2 Green Pty Ltd thereafter. You will comply with T 2 Green Pty Ltd’s returns procedures when returning Product.
6.2 T 2 Green Pty Ltd is under no obligation to accept any returns of the Product where the defect or damage was caused by you or the defect or damage occurred after shipment by T 2 Green Pty Ltd .
6.3 T 2 Green Pty Ltd may ship a replacement Product to you only after receipt of the applicable Product by T 2 Green Pty Ltd and the product is diagnosed as being defective by our Engineer. If no fault is found the user will be charged for all freight and time to assess the product at T 2 Green Pty Ltd current hourly servive charge (US $150.00 per hour)
6.4 T 2 Green Pty Ltd is under no obligation to accept any returns, or pay a refund of the Product where the user has just changed their mind and now does not want the product
6.5 T 2 Green Pty Ltd where it sees fit to accept a return, will charge a re-stocking fee of $US70.00
The Help Desk also includes a Knowledge base where users should search for their apparant fault before openning a new support ticket.
The Knowledge base is updated regularly so the user is encouraged to browse this module.
If you allow location services, we may collect, use, or store your precise geographic location. In general, most devices will indicate when location services are operating by showing an icon. You always have the ability to control the location services, but enabling location services may be necessary to use some of our Products and Services. You may choose to publish your location in User Content posted on or through the Services or on your profile. For example, if you share a drive on other social services, your location data will be visualized through a birds-eye view of your drive.
We may also use aggregate, anonymous location data to share and report statistics through the Services. For example, we may use location data to display the longest drive of the week on the Services. We may also share location data in aggregate, anonymous form with market research companies or advertisers for targeted advertising.
7.1 The product is provided “as is” and T 2 Green Pty Ltd makes no warranties, express or implied, with respect to the product or any other subject matter hereof, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of third party patents. Without limiting the foregoing, we make no warranty that the Product offered through the Site will meet your requirements, that the results that may be obtained from use of the Product will be effective, accurate or reliable, or that the quality of the Product will meet your expectations.
8. Limitation of Liability
8.1 We do not accept liability beyond the remedies set forth in these Order Terms. In no event shall T 2 Green Pty Ltd or its agents or Affiliates have any liability to you or any other person for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages, whether based on contract, tort (including negligence), product liability, strict liability, under statute, or any other theory or form of action, even if T 2 Green Pty Ltd or our AGENTS/Affiliates have been advised of the possibility thereof, arising out of or related to these Order Terms OR the sale, delivery, use or performance of the Product offered through the Site.
8.2 Our sole and maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual purchase price paid by you for the Product ordered through the Site.
8.3 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of the Product.
9.1 You are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless T 2 Green Pty Ltd and its officers, directors, employees, and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Product not expressly in accordance with these Order Terms or the applicable terms and conditions for such Product.
10. Force Majeure
10.1 T 2 Green Pty Ltd shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.
11. Applicable Law and Jurisdiction
11.1 The Site is controlled by us from our offices within the State of Queensland, Australia. The Site can be accessed from all fifty (50) US states, as well as from other countries around the world. The validity and interpretation of these Order Terms shall be governed by the statutes and laws of the State of Queensland, without regard to conflicts of laws principles thereof, and will apply to all matters relating to the purchase of the Product available through the Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of a Superior Court in Beenleigh, and the Australian District Court for the District of Beenleigh with respect to such matters.
11.2 We make no representation that the Product available through the Site is appropriate or available for use in locations outside of Australia and the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws.
11.3 Any legal proceedings against T 2 Green Pty Ltd relating to these Order Terms shall be filed within one (1) year after shipment of the Product to you.
12. Entire Agreement
12.1 These Order Terms represent the entire agreement and understanding between you and T 2 Green Pty Ltd concerning the subject matter thereof and supersedes all prior agreements and understandings of the parties with respect thereto.
12.2 These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless T 2 Green Pty Ltd expressly agrees otherwise in writing signed by an authorized representative of T 2 Green Pty Ltd.
13.1 In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.
13.2 T 2 Green Pty Ltd’s failure to insist upon strict performance of any of the provisions contained in these Order Terms shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by T 2 Green Pty Ltd of any other provisions of prior, concurrent or subsequent default by T 2 Green Pty Ltd in the performance of or compliance with any of the terms and conditions set forth herein.