These terms and conditions (the “Agreement”) governs your use of this website (“Chellsterz.com” and all subdomains, collectively known as “website”); by using this website, you accept this Agreement in full. If you disagree with this Agreement or any part of these terms and conditions, you are not authorized to use this site.
You must be at least eighteen (18) years of age to use this website. By using this website you warrant and represent that you are at least eighteen (18) years of age.
License to use website
Unless otherwise stated, Chellsterz and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.
You must not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Chellsterz’s express written consent.
Linking to this Website
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Chellsterz and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Chellsterz.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Chellsterz you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Chellsterz retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Chellsterz and our payment processor Zombaio. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Any delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Unless otherwise stated; Due to the nature of digital merchandise, we do not offer refunds for the purchase of digital content. Chellsterz may make exceptions to this policy at our sole discretion.
Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or indeed this entire website, at our sole discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Failure to keep your ID and password confidential constitutes a violation of this agreement and your account may be subject to termination under the terms of this agreement.
In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Chellsterz a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Under no circumstances will we share or sell your content without your expressed consent, except where required in order to provide you with our services. You also grant to Chellsterz the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Chellsterz or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Chellsterz reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under this Agreement in relation to user content, Chellsterz does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Chellsterz makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Chellsterz does not warrant that:
this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Chellsterz will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated
- savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Chellsterz has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Chellsterz’s liability in respect of any:
- death or personal injury caused by Chellsterz’s negligence;
- fraud or fraudulent misrepresentation on the part of Chellsterz; or
- matter which it would be illegal or unlawful for Chellsterz to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you are not authorized to use this website.
You accept that, as a limited liability entity, Chellsterz has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Chellsterz’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Chellsterz’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Chellsterz.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Chellsterz and undertake to keep Chellsterz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Chellsterz to a third party in settlement of a claim or dispute on the advice of Chellsterz’s legal advisers) incurred or suffered by Chellsterz arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement.
Breaches of this Agreement
Without prejudice to Chellsterz’s other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
You may terminate this agreement at anytime for any or no reason by requesting account deletion.
We may terminate this agreement at anytime for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated the terms of this agreement, (ii) your use of this account poses a legal threat or other form of risk to Chellsterz or any of it’s associates, (iii) continuing to provide our services to you is not commercially viable. In this event, we will make reasonable efforts to notify you via the email address associated with your account. If termination of your account is due to a violation of the terms of this agreement, Chellsterz will not issue a refund for services rendered.
Chellsterz may revise this Agreement from time-to-time. Revisions will apply to the use of this website from the date of the publication of the revised Agreement on this website. Please check this page regularly to ensure you are familiar with the current version.
Chellsterz may transfer, sub-contract or otherwise deal with Chellsterz’s rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
This Agreement will be governed by and construed in accordance with the law in the United States of America, and any disputes relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts of Virginia.
Chellsterz’s address is PO box 231, Catharpin, VA 20143-0231.
You can contact Chellsterz by email at email@example.com
This document was created using a Contractology template available at https://www.freenetlaw.com.