ACCEPTANCE OF TERMS
The following Terms and Conditions shall apply to the relationship between Aplash Inc. All subsidiaries of Aplash Inc. www.aplash.com ("APLASH"), and the end user ("You" or "Your"). By using Aplash.com' services, You accept the following Terms and Conditions, as well as the manner in which Aplash.com operates. These Terms and Conditions constitute the entire agreement between Aplash.com and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Aplash.com with respect of Your use of www.Aplash.com. Information on Aplash.com, such as the "Specials", "News", "Twitter" and or "Facebook" sections, are only recommendations and are not intended as rules or guidelines. Aplash.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Aplash.com will follow all arising local tax legislation for the sale of goods and services in the U.S.A. in which it operates. If you have any questions, concerns, or comments about our Terms and Conditions, please email us at [email protected]
MODIFICATIONS OF TERMS & CONDITIONS
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE
Our Sites allows you to post, shop online, and social interact. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (a) collecting information about users' personal information; (b) maneuvering the price of any item or interfere with other users; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the rating system.
You registering false information, sending unsolicited mail to people, asking them without any prior contact with you is not only against our policy, but it is also illegal. We have ZERO tolerance against abuses or spamming and if we receive just A SINGLE complaint against you for abuses or spamming, we first verify that the abuse or spam incident did occur and then we delete all your data and your membership will be terminated with out refund.
You acknowledge, consent and agree that Aplash Inc. May access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Aplash.com, BidsRider.com, Evildog.Pro, UbeedU.com, Orbita.us, Orbita-bicycles.com, its users and the public.
You understand that the Aplash Inc. Services and softwares embodied within the Websites Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Aplash Inc. And/or content providers who provide content to the Aplash Inc. Services. You may not attempt to override or circumvent any of the usage rules embedded into the Aplash Inc. Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Aplash Inc. Services, in whole or in part, is strictly prohibited.
USERS CONTRIBUTIONS FOR APLASH INC.
By submitting ideas, suggestions, documents, files and/or proposals ("Contributions") to Aplash.com, Orbita-Bicycles.com, Orbita.us, BidsRider.com, UbeedU.com or EvilDog.pro social pages, suggestions, feedback, webpages, you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; (2) Aplash Inc. Is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) Aplash Inc. Shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) Aplash Inc. May have something similar to the Contributions already under consideration or in development; (5) your Contributions automatically become the property of Aplash Inc. Without any obligation of Aplash Inc. To you; and (6) you are not entitled to any compensation or reimbursement of any kind from Aplash Inc. Under any circumstances.
This Agreement will remain in full force and effect while you use our Websites. You may terminate your membership at any time for any reason by following the instructions on the "ACCOUNT TERMINATION" here bellow on this page. We may terminate your membership for any reason at any time. If you are using an Aplash Inc. Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees or offers. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
You have the right to terminate Your account at any time. You may do so either by not returning or by sending us an Email at [email protected] using "Account Cancelation" as Email Subject. Aplash Inc. Reserves the right to temporarily or permanently terminate Your account(s) at Aplash Inc. Websites' sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Aplash Inc., in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Aplash Inc. May withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds.
PAYMENT / ACCEPTANCE OF THE SALE
After a sale as been made, You must actively confirm and pay the total price for the made sale. Once You have clicked on the confirmation button the sale is accepted. If a sale has not been confirmed and paid within seven days of the sale end date, Aplash Inc. May withdraw the offer to conclude the order and permanently revoke the buyer's right to pay for and receive delivery of an item. If Aplash Inc. Does this, all fees placed in that sale will be deemed expired and will be non-refundable.
Note: After confirming the sale from Aplash Inc. Websites and payment is received by Aplash Inc. For the total amount due, the buyer will receive a confirmation e-mail. The item will not be sent or delivered to You until the total price has been paid to APLASH INC. An invoice containing the sale price and shipping costs will be sent to You by APLASH INC. Once delivery has been arranged.
SPECIALS / SPECIAL PROMOTIONS
Any special promotions run by Aplash Inc. Shall only be valid if they are announced by Aplash Inc. Or in its corresponding services and or email newsletter. Certain promotions may only be valid for a limited time, with details announced on the respective Aplash Inc. Services or in our newsletter. Once the advertised time limit of any promotion has been reached, or the relevant sales have ended, the promotion is also finished.
RETURNS / CANCELATIONS
Aplash Inc. Allows buyers the right to cancel or return an order in accordance with Aplash Inc. Websites' Returns Policy, which Aplash Inc. May change from time to time in Aplash Inc.' Sole discretion. If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the final sale price (including shipping costs if no items have been shipped) You have paid even if the goods are not damaged or incorrect in any way. Sale fees are not eligible for a refund. These cancellation rights end fourteen days after the day the buyer received the goods or a notification that the goods are ready for collection. Some exceptions may apply. If an exception does apply, it will be noted on the returns policy page. Exclusions include Coupons, Voucher Offers, and all Sale fees (Shipping and Handling), and any Used Items. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund. If You wish to cancel an order, You must inform Aplash Inc. By email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: [email protected] or any listed Websites' email in cause. Aplash Inc. May accept cancellation requests via Email in Aplash Inc.' Sole discretion. In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless goods are found to be damaged in which it will need to follow Aplash Inc. Websites or Services' and the shipping carriers conformities. Aplash Inc. Will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition. Should Aplash Inc. Incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You. Should Aplash Inc. Not be able to deliver the product ordered for any reason, You will have the option to accept an alternative but comparable item, as determined by Aplash Inc. In its sole discretion, or receive a refund of the final sale (including shipping costs and sale fees, if any) You have paid.
SHIPPING & DELIVERY
All deliveries are made exclusively to the 50 states of the United States and Washington D.C. Some restrictions or higher shipping costs may apply to deliveries due to its location. Unless otherwise stated, delivery will be made directly from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. Aplash Inc. Shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Aplash Inc. Upon receipt.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the Programs or any products sold through our Programs (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the sites are provided on an "as is" basis. When you use the sites and or participate therein, you understand and agree that you participate at your own risk.
Disclaimer of Warranty and Liability Regarding Purchases from Aplash Inc.
Aplash Inc. Hereby disclaims any and all liability from claims arising from trip packages offered on the site(s). Aplash Inc. Will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased or offered on the Aplash.com, UbeedU.com, Orbita-bicycles.com, Orbita.us, BidsRider.com or EvilDog.pro sites. Aplash Inc. Is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Orbita-bicycles.com, Orbita.us, BidsRider.com, Aplash.com or EvilDog.pro sites. All new products are sold with the manufacturer's limited warranty only. Aplash Inc. Warrants solely that the products sold to You under these terms shall have the characteristics specified in the Respective Wesbsite(s)' specifications for such products as set forth in the description of each sale and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Aplash Inc. Warranty is excluded for the delivery of any used products. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Aplash Inc. MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY "Aplash Inc." OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.YOU AGREE THAT Aplash Inc. SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Aplash Inc. IN NO EVENT SHALL Aplash Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
INTELLECTUAL PROPERTY rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers, manufacturers and from our members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Aplash Inc. Such customer information is confidential and may not be disclosed. User agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
You agree to indemnify, defend, and hold Aplash Inc. And its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Aplash Inc. Websites or any of the services offered by Aplash Inc., (ii) any violation of these Terms and Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
System Outage / Temporarily Paused Sales
A system outage has occurred if no purchases can be submitted for items due to an unforeseeable disruption in a system. Aplash Inc. Is not responsible for any costs incurred by You due to a system outage. Aplash Inc. Reserves the right to cancel sales due to system error, bot system users, technical problems, or any other reasonable reason. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Aplash Inc., therefore, provides no guarantee for the constant and uninterrupted availability of the websites and other technical systems. Aplash Inc. Shall not be liable for any damage incurred by Aplash Inc. Users or third parties from using Aplash Inc.' services. In particular, Aplash Inc. Shall not be liable for damage that occurs due to Aplash Inc. Sales, not being received promptly, or not being considered as a consequence of technical errors.
Aplash Inc.' Logos are trademarks of APLASH INC. Services.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Aplash Inc. Websites should be made directly to the manufacturer in accordance with their Terms and Conditions.
Severance If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Our websites may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Failure of the Aplash Inc. To insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
and Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Choice of Law; Jurisdiction; Forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts in which APLASH INC. Or Orbita (Órbita Bicicletas Portuguesas, Lda.) it operates, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Claim-Notice of Dispute
Except as provided otherwise in these Terms and Conditions, all notices, requests, instructions, and other communications given to Aplash Inc. By You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Aplash Inc., 31st Thomas St, Coram, New York 11727, or by email to [email protected]
Terms and Conditions' Updates
These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Other Terms of Aplash Inc. Services