THE AGREEMENT:
The use of this website and services on this website and mobile application provided by owls.com (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
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DEFINITIONS:
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; “We”, “us” and “our” are references to OWLS.COM; “User”, “You” and “your” denote the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website; ” Website” shall mean and include owls.com and any successor Website of the Company or any of its affiliates; Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
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ASSENT & ACCEPTANCE:
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it.
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AGE RESTRICTION
You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
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ORDERS & PAYMENTS
All prices are listed in U.S. Dollars and subject to change without notice. In the event of a pricing error, we reserve the right to refuse or cancel an order placed. Payment is required at time of purchase. We accept all major U.S. credit cards including Visa, MasterCard, American Express, and Discover as well as options like Amazon Pay and PayPal. Once you place your order, your credit card is charged for the amount of your order including tax and shipping charges. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment methods for the purchase, (iii) charges incurred by you will be honored by the company assisting you with such payment, such as your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. The Site should only list items that are in-stock. However, inventory discrepancies can arise. We reserve the right to correct any errors, inaccuracies, or omissions on our Site at any time without prior notice. If we are unable to deliver your item, we will cancel the order and notify you within 3 business days of the date you placed your order.
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RETURN POLICY
Faulty Items
You can return your order, or part of it, if damaged, faulty or with an error within 14-days after collecting it from the store. In order to return your item, take your proof of purchase and products that need to be returned to us. The store can then inspect the item, and issue a refund or replacement (if possible). Your proof of purchase can either be your delivery note, confirmation email or invoice.
Returning Unwanted Items
To return unwanted items to our store, they must be in their new, original condition for re-sale at full value.We reserve the right to refuse returns or to charge you our fees and expenses if the product is not received in a new, unopened condition. -
GENERAL CONDITION
- Photographs are for illustration only. Actual products may vary slightly.
- We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
- We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
- The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
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INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of OWLS.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property.
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AGE RESTRICTION
You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
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ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of OWLS.com.
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ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
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REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network. -
INDEMNIFICATION
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
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EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the OWLS.com Website including loss of data or information or any kind of financial or physical loss or damage.
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SPAM POLICY
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
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MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
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ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
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SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
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TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
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NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure.
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GENERAL PROVISIONS
- JURISDICTION, VENUE & CHOICE OF LAW:
The terms herein will be governed by and construed by the laws of USA without giving effect to any principles of conflicts of law. The Courts of USA shall have exclusive jurisdiction over any dispute arising from the use of the Website. - ASSIGNMENT:
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of OWLS.com will bind and inure to any assignees, administrators, successors, and executors. - SEVERABILITY:
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force. - NO WAIVER:
If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. - HEADINGS FOR CONVENIENCE ONLY:
Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement. - NO AGENCY, PARTNERSHIP, OR JOINT VENTURE:
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. - FORCE MAJEURE:
We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19! - ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or email us contact@owls.com
- JURISDICTION, VENUE & CHOICE OF LAW: