GENERAL TERMS AND CONDITIONS OF SALE

OVERVIEW

This website is operated by AirWatch. Throughout the site, the terms "we", "us" and "our" refer to Airwatch. Airwatch offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your

Agreement to all terms, conditions, policies and notices set forth herein.

By visiting this website and/or purchasing any of our products, you agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Terms and Conditions of Use", "Terms"), including any additional terms and conditions referenced herein and/or accessible via hyperlink. These Terms of Sale and Use apply to all users of this Website, including but not limited to users visiting the Website who are sellers, customers, merchants and/or content providers.

Please read these Terms of Sale and Use carefully before accessing or using our Website. By accessing or using any portion of this Website, you agree to be bound by these Terms of Sale and Use. If you do not agree to all of the terms and conditions of this Agreement, you should not access or use the Website or the services offered thereon. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.

Any new features and tools that are later added to this store will also be subject to these General Terms and Conditions of Sale and Use. You can view the current version of the General Terms of Sale and Use at any time on this page. We reserve the right to amend, modify or replace any part of these General Terms and Conditions of Sale and Use by updating and/or changing them on our website.

or replace them. It is your responsibility to check this page periodically to determine if any changes have been made. Your continued use or access of the Site following the posting of changes constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc. and provides us with the e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE.

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province and that you have given us your consent to allow minors who are dependents to use this website.

You may not use our products for any unlawful or unauthorized purpose, nor may you violate the laws of your jurisdiction (including, without limitation, copyright laws) in connection with your use of the Service.

You may not transmit any worms, viruses or other harmful code.

Any violation or abuse of these General Terms of Sale and Use will result in immediate termination of your Services.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to deny access to the Services to any person at any time and for any reason.

You understand that your Content (other than your credit card information) may be transmitted unencrypted, which means that (a) transmissions over different networks and (b) changes may be required to comply and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or use any portion of the Service or use of the Service or access to the Service or contact on the website through which the Service is provided without our express prior written consent.

The titles used in this Agreement are included for your convenience and do not limit or affect these Terms.

ARTICLE 3 - CORRECTNESS, COMPLETENESS AND UP-TO-DATENESS OF THE INFORMATION.

We are not responsible if the information available on this website is not accurate, complete or up to date. The content of this website is for informational purposes only and should not be your sole source of information for decision-making purposes without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this website, you do so at your own risk.

This website may contain some older information. By its nature, this prior information is not up to date and is provided for informational purposes only. We reserve the right to change the content of this website at any time, but are under no obligation to update the information on our website. You agree that it is your responsibility to monitor any changes to our website.

ARTICLE 4 - CHANGES IN SERVICES AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to change or discontinue the Service (and any part or content of the Service) at any time without notice.

We will not be liable to you or any other third party for any price changes, suspension or discontinuance of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable).

Some products or services may only be available online at our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.

We have done our best to display the colors and images of our products that appear in our store as clearly as possible. We cannot guarantee that the color display on your computer screen will be accurate.

We reserve the right, but have no obligation, to restrict the sale of our products or services to any person in any geographic area or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change without notice at any time at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of services or products presented on this website is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other goods received or purchased by you will meet your expectations or that any errors in service will be corrected.

ARTICLE 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, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from the same customer account, the same credit card, and/or orders placed with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that appear to come from dealers, resellers or distributors at our sole discretion.

You agree to provide current, complete and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

For more information, please see our return policy.

ARTICLE 7 - OPTIONAL TOOLS.

We may provide you with access to third-party tools over which we have no control, supervision or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or condition of any kind and without any authorization. We assume no legal liability arising out of or related to your use of these optional third-party tools.

If you use any of the optional tools on the Site, you do so at your own risk and discretion, and you should review the terms and conditions under which those tools are offered by the applicable third party providers.

We may also, in the future, offer new services and/or features through our Website (including, new tools and resources). These new features and services will also be subject to these Terms of Sale and Use.

ARTICLE 8 - THIRD-PARTY LINKS.

Some content, products and services available through our Service may contain elements from third parties.

Third party links on this Site may direct you to third party websites that are not affiliated with us. We have no obligation to review or evaluate the content or accuracy of these websites, and we do not warrant or assume any responsibility for any content, websites, products, services or other items accessible on or from these third party websites.

We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content or other transactions conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before conducting any transaction. Any complaints, grievances, concerns or
questions about these third parties' products must be directed to the same third parties.
ARTICLE 9 - COMMENTS, HINTS AND OTHER SUGGESTIONS FROM USERS.

If you submit certain content in response to our solicitation (e.g., to participate in contests), or if you send creative ideas, notices, suggestions or other materials without our solicitation, whether online, by email, by mail or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments that you send to us. We are not and will not be obligated to (1) maintain the confidentiality of any Comments; (2) compensate anyone for any Comments made; (3) respond to any Comments.

We may, but are not obligated to, monitor, modify or delete any Content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Sale and Use.

You agree to post comments that do not infringe the rights of others, including copyrights, trademarks, confidentiality, privacy or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, libelous, or obscene content, nor computer viruses or other malicious software that could in any way interfere with the operation of the Service or any other related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or any third party as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We assume no responsibility or liability for any Comments posted by you or any other third party.

SECTION 10 - PERSONAL DATA

The submission of your personal data to our store is subject to our Privacy Policy. Click here to view our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

There may be information on our website or service that may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct errors, inaccuracies, omissions, and to change or update information or cancel orders if information in the Service or on any other related website is inaccurate, at any time and without notice (even after you have placed your order).

We are under no obligation to update, modify or clarify any information on the Service or any other related website, including but not limited to pricing information, except as required by law. No defned update or update date in the Service or any other related website should be taken into account to conclude that the information in the Service or any other related website has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to the prohibitions set forth in the General Terms of Sale and Use, you are prohibited from using the Website or its contents: (a) for unlawful purposes; (b) to induce or participate in unlawful acts of third parties; (c) to violate any regional order or international, federal, provincial or state laws, rules or regulations; (d) to infringe or damage our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or other types of malicious code that are or may be used in a manner that interferes with the functionality or operation of the Service or any related, independent or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extract information, search, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

We do not warrant in any way 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 we may delete the Service from time to time for indefinite periods of time or terminate the Service at any time without notice.

You expressly agree that your use of the Service or inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are provided (unless otherwise expressly stated) "as is" and "as available" for your use, without representation, warranty or condition of any kind, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.

In no event shall Airwatch, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors be liable for any injury, loss, claim or direct, indirect, incidental,
punitive, special or consequential damages of any kind, including but not limited to lost profits, income, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability arising out of the use of any service or product from this service, or for any other claim relating 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 your use of the Service or any Content (or Product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility that it may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.

The General Terms and Conditions of Sale state that our delivery times may be extended in the event of high demand. We do not refund our customers for a long delivery time. We only refund if this period exceeds 35 days.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify and hold AirWatch, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees 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 reference, or your violation of any law or the rights of a third-party.

ARTICLE 15 - SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is found to be illegal, invalid or unenforceable, such provision may nevertheless be applied to the fullest extent permitted by law, and the inapplicable portion shall be deemed severed from these General Terms and Conditions of Sale and Use, such severance not affecting the validity and enforceability of all other remaining provisions.

ARTICLE 16 - TERMINATION

Obligations and liabilities incurred by the parties prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use shall survive unless terminated by you or not. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our services or if you discontinue using our website.

If we determine, in our sole discretion, that you are in breach of these Terms, or if we suspect that you have failed to comply with the terms of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date and/or we may deny you access to our Services (or any portion thereof).

ARTICLE 17 - ENTIRE AGREEMENT.

Our failure to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.

These Terms of Sale and Use or any other policies or operating rules we post on this Site or in connection with the Service constitute the entire agreement between you and us and govern your use of the Service
and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, without limitation, any prior version of the Terms of Sale and Use).

Any ambiguity regarding the interpretation of these General Terms of Sale and Use shall not be construed to the Editor's detriment.

ARTICLE 18 - APPLICABLE LAW

These General Terms and Conditions of Sale and Use, as well as any other separate agreement by which we provide you Services, shall be governed by and construed in accordance with the laws in force in France.

ARTICLE 19 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You may consult the current version of the General Terms of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our website periodically to review any changes. Your continued use of or access to our website following the posting of changes to these Terms of Sale and Use constitutes your acceptance of those changes.

ARTICLE 20 - CONTACT INFORMATION

Questions regarding the Terms of Sale and Use should be directed to help@airwatch-au.com.