Conditions of Use
Welcome to the Website of Komodo Open Lab Inc.: Komodo OpenLab.com (the “Website”).
The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
Please read carefully ALL conditions as they pertain to the use of this Website, its products and services. It exempts Komodo OpenLab Inc. and other persons from liability or limits their liability and contains other important provisions that you should read.
The following conditions are outlined in this document:
- Your Acceptance of this Agreement
- Permission to use the Website and Online Store
- Shipping Policy
- Ownership of this Website
- Disclaimer/Limitation of Liability
- Product Availability and Prices
- Changes to this Agreement
- Applicable Law
- Entire Agreement
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you, the individual, being a natural person and all persons you may purport to represent and Komodo OpenLab Inc. (“Komodo OpenLab”) regarding your access to and use of Komodo OpenLab’s Website and all content, information, products and services available on or through the Website (the “Agreement”). This Agreement may also provide benefits to Komodo OpenLab’s affiliates including suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
This Agreement is in addition to any other agreement you may have with Komodo OpenLab, including a transaction agreement.
Komodo Openlab reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments to its products or services, including without limit products, prices, product warranties, specification and availability, and to these conditions of use, at any time without prior notice. Each time you use the Website, it is your responsibility to check the conditions of use for changes. Your continued use of the Website following the posting of changes to the conditions of use will mean you accept those changes.
PERMISSION TO USE THE WEBSITE AND ONLINE STORE
You may use the Website and online store only if you are a resident of Canada, the United States or one of the regions to which we ship; if you are unsure as to your region, please contact us via email or writing as per the addresses on the Website, and have reached the age of majority where you live and you can form legally binding contracts under applicable law.
You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
Komodo OpenLab ships via Canada Post and accepts requests for quotes with any other shipping service of your choice as long as it provides service between Canada and the shipping destination. You may also request a quote providing your own account for the shipping service of your choice. In that case we will charge only a handling fee, and will submit the shipping charges to your shipping service account upon payment or approval (via P.O.) of the quote provided. Please note: Your contracted rates may vary greatly from ours. The shipping estimate you see at checkout on the Komodo store has no relation to what you will eventually be billed by your shipping service.
Komodo OpenLab fills all in-stock orders as soon as possible. Once your order is ready to ship, a Shipping Confirmation email, with tracking information if applicable, will be sent.
Komodo OpenLab cannot be held responsible for damaged, lost, or stolen packages. Komodo OpenLab will file claims for those that are insured. Please contact us (hyperlink to contact/email information) directly to initiate a claim.
This is for any shipping address outside Canada.
Any duties, charges, fees and taxes for international shipments are the responsibility of the customer. Komodo OpenLab is not responsible for any extra charges once the original package has been shipped. If the customer refuses to pay these extra charges, the return shipping and any additional fees will be deducted from the cost of the order, with any remaining funds being refunded to the customer.
OWNERSHIP OF THIS WEBSITE
The Website and its content, including all trademarks, tradenames, logos, page designs, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website, are the property of Komodo OpenLab and are subject to copyright and trademark protection under the laws of Canada. Komodo OpenLab reserves all rights with respect to the Website and its contents.
Your use of the Website does not entitle you to ownership in whole or part of the Website and its contents.
You may print pages or images from the Website for informational purposes only. You may not modify any of the pages or remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Komodo OpenLab.
You may not sell or resell any part of the Website or access to the Website.
DISCLAIMER/LIMITATION OF LIABILITY
USE OF THIS WEBSITE IS AT YOUR OWN RISK.
THIS WEBSITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OF IMPLIED WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
KOMODO OPENLAB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY KOMODO OPENLAB PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF KOMODO OPENLAB AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT IN ANY LIMITING THE FOREGOING, IN NO EVENT SHALL KOMODO OPENLAB’S TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY USER FOR THE PRODUCTS.
PRODUCT AVAILABILITY AND PRICES
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell.
Komodo OpenLab strives to ensure that products are available in the quantities ordered and are of expected quality. Komodo OpenLab also strives to ensure that information and prices quoted are up to date. However, errors, misprints, inaccuracies and incomplete information may occur and Komodo OpenLab does not guarantee or warrant that the content of the Website including, without limitation, pricing, product descriptions or photographs, are current, accurate or complete.
Prices on the Website are stated in U.S. Dollars (USD). All prices are subject to applicable taxes, handling charges and shipping charges.
Please be sure that you are familiar with our returns policy (outlined below) before sending anything back to us.
Returns for any product in original packaging, including all accessories which come with the item, is permitted within 28 days from the date of outbound shipping notice.
All returns require a Return Authorization (RMA) number to be processed. Items that are sent back to us without a Return Authorization cannot be processed.
Komodo OpenLab reserves the right to deny returns on items that have new version releases.
Shipping and handling charges are not refundable. Komodo OpenLab is not responsible for any shipping charges of merchandise being returned.
All returns must include all the factory accessories which come with the item. This includes cables, manuals and fasteners.
All returned merchandise must be in its original mint and clean condition. Returns on damaged, scratched, burnt, or otherwise “played with” merchandise will incur repair and/or replacement charges.
Address to send authorized returns:
Komodo OpenLab Inc.
10 Dundas St. E, Suite 600
Toronto, ON M5B 2G9
Please include your RMA # on the outside of the box so that it doesn’t get mixed up with normal incoming shipments.
Third Party Links and Content
This website may contain links to other websites provided by third parties. Such sites are completely independent of this Website and as we have no control over them and we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this Website, nor do we endorse any of these sites or their products and services. Should you elect or enter into a binding contract with any such Website, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of you offering to accept any products or service that are available from those sites.
CHANGES TO THIS AGREEMENT
Komodo OpenLab may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website as more products become available and/or due to changes to the product, software, and accessories, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agree to be bound by the revised Agreement. You may not change this Agreement in any manner.
These Terms and Conditions and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private International law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on contracts for the International Sale of Goods does not apply.
The Terms and Conditions constitute the entire agreement between you and Komodo OpenLab governing your access to and use of the Website.
You and we expressly acknowledge and agree that these conditions of use and all related documents and notices be drafted in the English language only. Il est expressément convenu que cette convention, et tous les documents et avis s’y rapportant soient redigés en anglais.