Telit e-Shop Terms of Service
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By signing up for Telit’s e-shop, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You can review the current version of the Terms of Service at any time at http://eshop.telit.com. Telit reserves the right to update and change the Terms of Service by posting updates and changes to the Telit website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must be eighteen (18) years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the e-Shop, you must register for a Telit e-Shop account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Telit may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Telit will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Telit cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Telit Account (“Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Telit will result in an immediate termination of your services.
- Subject to section 2.2, the person signing up for the account will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the e-Shop.
- If you are signing up for the e-Shop on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completion of sign up, Telit will create a PayPal Express Checkout account on your behalf, using your email address.
- You acknowledge that PayPal Express Checkout will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep this payment account active, it is your responsibility to deactivate it.
- Technical support is only provided to paying Account holders and is only available via e-mail.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York, USA, without regard to the principles of the conflict of laws. The competent courts within the State of New York, USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Telit may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Telit’s e-Shop website, available at http://eshop.telit.com and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Telit’s e-Shop website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, please discontinue the use of this Service.
- You may not use the Telit e-Shop 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), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the e-Shop.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the e-Shop, use of the e-Shop, or access to the e-Shop without the express written permission by Telit.
- Questions about the Terms of Service should be sent to eShop@telit.com.
1. We reserve the right to modify or terminate the e-Shop for any reason, without notice at any time.
2. We reserve the right to refuse access to the e-Shop to anyone for any reason at any time.
3. Telit retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Telit reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that Telit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the e-Shop.
- In no event shall Telit or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Telit partners, officers, directors, agents, employees, and suppliers 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 it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the e-Shop is at your sole risk. The website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Telit does not warrant that the e-Shop will be uninterrupted, timely, secure, or error-free.
- Telit does not warrant that the results that may be obtained from the use of the e-Shop will be accurate or reliable.
- Telit does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the e-Shop will meet your expectations, or that any errors in the e-Shop will be corrected.
Waiver and Complete Agreement
The failure of Telit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Telit and govern your use of the e-Shop, superseding any prior agreements between you and Telit (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us, which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Telit shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with its e-Shop.
Payment of Fees
- You will pay the Fees relating to the processing of transactions under your Account (“Transaction Fees”).
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Telit will charge applicable fees to the credit card account that you authorize (“Authorized Card”), and Telit will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your purchase. Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- Telit does not provide refunds.
Cancellation and Termination
- You may cancel your Account at any time by emailing eShop@telit.com and then following the specific instructions indicated to you in Telit's response.
- Upon termination of the Account by either party for any reason:
- Telit will cease providing you with access to the e-Shop and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- We reserve the right to modify or terminate the Telit e-Shop or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Telit may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Last updated on: June 1st , 2016