Terms & Conditions
TERMS OF SERVICE
OVERVIEW
this website is operated by Chota DON Pty Ltd.
Throughout the site, the terms “we”, “us” and “our” refer to Chota DON Pty Ltd. Chota DON Pty Ltd offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here. 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 timelier 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 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 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 - 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 merchant ability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement. In no case shall Chota DON Pty Ltd, 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 12 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Chota DON Pty Ltd 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 13 - 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 14 - 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 15 - 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 16 - 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 Address: P.O.Box # 96583 Brixton 2019
SECTION 18 - CHANGES TO TERMS OF SERVICEM
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 19 - CONTACT INFORMATION
Questions about the Terms of Service should be
sent to us at info@chotadon.com