Terms and Conditions
OVERVIEW
This website is operated
by WheelnWater Technologies under the business name WheelnWater
Technologies. Throughout the site www.wheelnwater.com, the terms “we”, “us” and
“our” refer to WheelnWater Technologies (WheelnWater.com). Throughout the site,
the terms “you”, and “your” refer to you, the user, or your parent/legal
guardian if you are a minor. Throughout the site, the terms
"service" means services provided by and features of this site
including but to limited to selling products, accepting payments and providing
information.
Online sales agreement,
the release of liability and parent information sale of any product/equipment
on this website is expressly conditioned on the following agreement and on your
acceptance of all terms, conditions, policies and notices stated here. You, or
your parent/legal guardian (if you are a minor), must read this agreement
carefully prior to accessing or using our website and/or placing an order
with WheelnWater Technologies through either phone/email/fax orders or its website (this website).
By visiting our site and/or
purchasing something from us, you agree to be bound by all terms, conditions,
policies and notices stated in this agreement/page and/or 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. If you do not agree
to all the terms and conditions of this agreement, then you may not access the
website or use any of its services including purchasing a product.
Any new features,
products or tools which are added to the current store shall also be subject to
these 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.
ONLINE STORE TERMS
By using this web site
and 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
this site or any of its products and/or features, 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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The best safety equipment
and the most experienced athlete cannot completely eliminate the risks certain
sporting and outdoor activities pose. Certain sporting and outdoor activities
are inherently dangerous. By purchasing and using a product/equipment sold
by WheelnWater Technologies, the purchaser understands and voluntarily
undertakes the risks involved with sporting and outdoor activities, including
but are not limited to: electric skateboarding, skateboarding, riding electric
scooter or scooter, electric cycling, cycling, riding electric self-balance
scooters, riding electric unicycles, Underwater exploration and riding or using
any other product sold this website. Such risks and dangers include, but are
not limited to: sprains, broken bones, bruises, cuts, temporary or permanent
paralysis and even death. Other risks include: unforeseen weather conditions,
hazardous and unknown terrain, geographical conditions, failure to properly
maintain equipment, failure to obey traffic instructions or local laws and
engaging in sporting and outdoor activities while physically exhausted or
disabled.
You, or your child, must
wear appropriate full safety equipment (especially a helmet) whenever riding an
electric skateboard, electric scooter, electric unicycle, electric
self-balancing board or any other electric or non-electric transport, vehicle,
rideable or equipment purchased on this site.
It is important to use merchandise sold by WheelnWater Technologies in accordance with the manufacturer's design and recommendations to minimize these risks. However, accidents and unforeseen hazards do exist and the purchaser and users of the merchandise sold by WheelnWater Technologies agree as follows:
- You, the purchaser or user of the merchandise, agree to release WheelnWater Technologies, its owners, agents and employees, from any and all liability for damage, injury, paralysis and death to yourself, any other person, or property, resulting from the use or misuse of the merchandise sold by WheelnWater Technologies.
- You, the parent of a minor child, agree to release WheelnWater Technologies, its owners, agents and employees, from any and all liability for damage, injury, paralysis and death to your child, any other person, or property, resulting from the use or misuse of the merchandise sold by WheelnWater Technologies.
- It is agreed that any and all liability of WheelnWater Technologies, its owners, agents and employees shall be limited to the purchase price of the merchandise.
You have read and
understand the terms of this agreement. You understand that your purchase
and use of the merchandise sold by WheelnWater Technologies manifests
your agreement to the terms of this Agreement. You understand that this
Agreement releases WheelnWater Technologies from any and all claims of liability
brought by yourself, your minor children, and any other third party who
uses the merchandise purchased from WheelnWater Technologies.
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 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 WheelnWater
Technologies, 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.
GENERAL CONDITIONS
We reserve the right to
refuse to sell 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.
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.
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.
PRODUCTS
Certain products or
services may be available exclusively online through the website. These
products 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. Also, some differences may occur in different
patches of the same product. We cannot guarantee that the manufacturer will
produce the exact fine details as in the images every time.
We reserve the right but
are not obligated, to limit the sales of our products 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 sell. All
descriptions of products or product pricing are subject to change at any time
without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product made on this
site is void where prohibited.
We do not warrant that
the quality of any products or information purchased or obtained by you will
meet your expectations, or that any errors in the Service will be corrected.
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 judgement, 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.
OPTIONAL TOOLS
We may provide you with
access to third-party tools and products over which we neither monitor nor have
any control nor input.
You acknowledge and agree
that we provide access to such tools and products ”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 or products.
Any use by you of
optional tools or products 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, products and resources). Such new features and/or
services shall also be subject to these Terms of Service.
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.
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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy
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 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.
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 conditions.
INDEMNIFICATION
You agree to indemnify,
defend and hold harmless WheelnWater Technologies 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.
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 enforce-ability of any other remaining provisions.
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.
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 EU.
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.
CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be
sent to us at Support@WheelnWater.com