Terms of Service
OVERVIEW
This website is operated by lucinn.com.
Throughout the site, the terms “we”, “us” and “our” refer to
lucinn.com, lucinn.com 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.
Our store is hosted on Shopify Inc. They provide us with
the online e-commerce platform that allows us to sell our products and
services to you.
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 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.
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
anytime 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 - 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 or on any related website 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.
SECTION
12 - 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.
SECTION 13 - 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 merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall
, 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 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
MYC Media Private (N.I) 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 15 - 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 16 -
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 17 - 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 18 - 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, in all disputes arising out of or relating to the use of
lucinn.com and these Terms of Service.
SECTION 19 - 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.
SECTION
20 - CONTACT INFORMATION
Questions about the Terms of Service
should be sent to us at sales@lucinn.com.