Terms & Conditions

TERMS & CONDITIONS

This website, DMKFtbands.com is referred to herein as “DMK Fitbands”, “we”, “us” or “our” throughout this website. By using the website or purchasing something from DMKfitbands.com, you signify your agreement/approval to these terms of use including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to the terms and conditions, please do not use this website or engage in any of our services. The introduction of any new tools or features will be subject to the terms of service. At any given time, we reserve the right, at our discretion, to change, modify, add or remove portions of these terms. Please check the terms and conditions periodically for any changes. Your continued use of this website following any updates or changes to the terms confirm your acceptance to all terms of use.

Our online e-commerce store platform is hosted by Shopify Inc which allows us to sell our products and services to you.

To clarify, the following terms are used:

  • The seller refers to “DMK Fitbands”
  • ‘The buyer’ or ‘You’ refers to any legal entity purchasing from the seller or using this website.
  • ‘The website’ refers to dmkfitbands.com
  • ‘The act’ refers to the Consumer Guarantees Act 1993
  • DMK Fitbands is a New Zealand owned and operated company

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you acknowledge that you are at least the age of majority in your state or your province of residence, or that you are the age of majority in your state or province and give us your approval to permit any of your minor dependants to access and use this site,

It is prohibited for you to use our products for any illegal acts or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Under any circumstances, you can not transmit any worms or viruses or any code of a destructive nature.

 A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.

GENERAL CONDITIONS

At any time and for any reason, we reserve the right to refuse service to anyone.

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.

Please note, the headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

TRADEMARKS

All registered trademarks, trademarks and/or service marks mentioned or implied on this website are copyrighted by DMK Fitbands. 

RESTRICTIONS ON USE OF MATERIALS

All materials included and contained on www.dmkfitbands.com website are the copyrighted property of DMK Fitbands. This includes all trademarks, tradenames, service marks, text, graphic, code, photo, audio and/or video material. It is strictly prohibited for any material owned by DMK Fitbands to be copied, reproduced, published, broadcast, rewritten for broadcast or publication, uploaded, distributed or transmitted directly or indirectly in any form except for personal and non-commercial use without prior written consent from DMK Fitbands. DMK Fitbands will not be held responsible for any errors, omissions, delays or inaccuracies arising from any transmission or delivery of material or any part thereof for any damages resulting in any of the above.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We will not be liable if information made available on this site is not accurate, complete or current. Any material provided on this site is outlined for general information only and should not be depended upon for the sole basis of making decisions. If you choose to rely on this material alone without consulting primary, more accurate, more complete or more timely sources of information then you do so at your own risk.

There may be historical information noted on our site. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time however we have no obligation to update any information on our site. It is your responsibility to monitor any changes to our site.  

MODIFICATIONS TO THE SERVICE AND PRICES

Our product prices are subject to change without notice.

We reserve the right at any given time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

There may be certain products or services which may be available exclusively on our site. These products or services may have limited quantities and are subject to return or exchange only in accordance to our Return Policy.

Whilst we have made every effort to display as accurately as possible the colours and images of our products that are on our store, we cannot guarantee that your computer screen’s display of any colour will be accurate.

We reserve the right to change descriptions of products or product pricing at any time and without notice. We reserve the right to limit the quantities of any products or services we offer, this also extends to the discontinuation of any product at any time. Any offer for any product or services made on this site is void where prohibited. 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 choose to exercise this right on a case-by-case basis.

We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations nor errors in the service will be corrected. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

At our sole discretion, we reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household or order. These restrictions include but are not limited to 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. If in any circumstance we make a change to or cancel an order, we may attempt to notify you by contacting the contact information (email, billing address, phone number) provided at the time the order was made. If in our sole judgement, we believe an order appears to have been placed by dealers, resellers or distributors, we reserve the right to limit or prohibit these orders. It is your responsibility to provide current, complete and accurate purchase and account information for all purchases made at our store. This includes updating your account and other information, including your email address, credit card numbers and expiration dates to ensure that we can complete your transactions and contact you if required.

Please read our Returns policy for more information.

THIRD-PARTY LINKS & OPTIONAL TOOLS

This website may contain hyperlinks to websites or optional tools operated by third parties which we neither monitor nor have any control or input. We strongly suggest you exercise caution whilst browsing our website. By using this website, you accept that the seller has no control over, and is not responsible, for any material contained on any third party websites. For your convenience, links and/or optional tools to third party websites are provided however does not constitute any warranties, representations or conditions of any kind nor endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not examine or evaluate the content, accuracy, copyright compliance, legality or decency of material nor do we warrant or have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on any site may send cookies to users that we do not control.

We will not be held liable or responsible for any harm or damage resulting in the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should make sure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

It is your responsibility to thoroughly review the third party’s policies and practices and ensure 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.

We may in the future, offer new services and/or features through the website (including, the release of new tools and resources). Any new features and/or services shall also be subject to these Terms of Service.

 

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, 'submissions'), the submissions shall be deemed and shall remain the property of DMK Fitbands unless noted otherwise. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, we are under no obligation  (1) to maintain any comments in confidence or (2) to respond to any comments.

Furthermore, we have may but have no obligation to, monitor, edit or remove content that in our opinion determine at our sole discretion unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties intellectual property or these Terms of Service. We reserve the right to remove or edit content from any Forum at any time and for any reason.

If you participate in any comments, feedback or other submissions, 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 libellous 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 must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We will take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through our store is administered by our Privacy Policy.

By uploading materials to any of our online forums, or submitting any materials to us in any form, or by using the #dmkfitbands hashtag and/or tagging us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed unless there is an agreement signed by all parties involved prior to the submission. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Please refer to our Privacy Policy for further information.

ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions in relation to product descriptions, product pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to update or change 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 have no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website, should be taken to imply that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as noted in the Terms of Service, you are prohibited from using the site or its content for the following but not limited to:

(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.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

DMK Fitbands does 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 occasionally, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.         

You explicitly agree that your use of, or inability to use, the service is solely at your own 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 DMK Fitbands, 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.

INDEMNIFICATION

By using our services, you are solely responsible for maintaining the confidentiality of your password and any activities undertaken on your account. You agree to indemnify, defend and hold harmless DMK Fitbands 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 attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service, or claims arising from your account or the documents they incorporate by reference, or your breach of any law or the rights of a third-party. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

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 will not affect the validity and enforceability of any other remaining provisions.

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).

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 relation 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.

GOVERNING LAW

These Terms of Service and/or any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. Please note, if you access this website outside of New Zealand, you do so at your own risk and you take responsibility for ensuring you comply with any laws where you access the website, or where you publish or upload information. DMK Fitbands make no representations about the compliance of this website with the laws of any other country.

CHANGES TO TERMS OF SERVICE

At any time, you will be able to review the most current version of the Terms of Service on this page. However, we do reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by publishing updates and changes to our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or the Service following the posting of any updates or changes to the Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Please direct any questions you have to info@dmkfitbands.com