Airpocket Terms of Service
This website is operated by Airpocket. Throughout the website, the terms “we”, “us” and “our” refer to Airpocket. Please read these Terms and Conditions carefully before using our website. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.
Section 1 - Trademarks and Copyright
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this website are registered and unregistered Trademarks of Airpocket. The contents on the website are intended solely for personal and non-commercial (except for the purchase of merchandise from the website) use by its users.
You may not reproduce, publish, transmit, modify, display, distribute, create derivative works of, or exploit in any way, in whole or in part, any of the contents of this website, without the prior written permission of Airpocket.
The Airpocket patents, designs and intellectual property indicated and displayed on this website are the sole property of Airpocket. We reserve all rights to our intellectual property.
Section 2 - Currency and Pricing
Product prices offered on the website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this website are quoted in Australian dollars, and include tax. Shipping is calculated at checkout, however you are responsible for the payment of any local customs fees and tariffs, and any other local handling charges and local sales or use taxes that may apply to your order.
Prices and availability of products are subject to change without notice. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Airpocket reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Section 3 - Products or Services
Products that you purchase from us are subject to return or exchange according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. Although we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right to limit the sales of our products 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 without notice. We reserve the right to discontinue any product at any time.
Section 4 - User Comments, Feedback and Other Submissions
We welcome any suggestions and comments. However 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, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Section 5 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our website 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).
Section 6 - Third-Party Links
Certain content from our website may include materials from third-parties.
Third-party links on this website 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 7 - Disclaimer of Warranties and Limitation of Liability
You expressly agree that your use of, or inability to use, the product 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 Airpocket, our directors, employees, affiliates, agents, contractors, 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 8 - Indemnification
You agree to indemnify, defend and hold harmless Airpocket 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 9 - 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 website 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 10 - 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 11 - 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 12 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.