Terms of service
Welcome to our Website’s online store (the “Store”), provided by Space Gravity, Inc. or its authorized designee (“Space Gravity,” “we,” “us,” or “our”). Your purchase of certain power banks or related items or products (each, a “Product”) from the Store constitutes your agreement to be bound by these Terms of Service for Glydcharge Products (“Terms of Service” or “Terms”) and any additional, related terms and conditions that we provide.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE PURCHASE OF GLYDCHARGE PRODUCTS. THE ACCEPTANCE OF THESE TERMS ARE A CONDITION OF YOUR MAKING AN OFFER TO BUY OUR PRODUCTS AND IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER / KEEP THE PRODUCT.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR A PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE THE PRODUCTS AND TO ENTER INTO SUCH AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms of Service at any time, so please review the Terms of Service each time prior to making a purchase from the Store. Every time you order Products from us, the Terms of Service in force at that time will apply between you and us.
The Store is for retail sales to private consumers only.
The disclaimers, exclusions, and limitations of liability under these Terms of Service will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other applicable consumer rights.
Although the Store is accessible worldwide, the Products offered on the Store are not designed for use in all countries. If you choose to access the Store and/or use the Products, you do so on your own initiative, and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, we accept no responsibility or liability for any damage or loss caused by your access or use of the Store or the Products.
1. ORDERS.
We may accept your offer to purchase Products, subject to these Terms of Service. At that time, we or our designated fulfillment provider will capture payment on the payment card you provide and ship your Product. We may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
2. PAYMENT.
By providing a payment card (e.g., credit card) or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. To the extent we provide a means to do so, in the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
3. AVAILABILITY AND PRICING.
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
4. SALES TAX.
We may charge sales tax in accordance with applicable laws.
5. RESALE AND TITLE TRANSFER.
Purchases made on the Store are intended for end users only and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by us to the carrier.
6. INSTALLATION.
There may be laws in your jurisdiction applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation.
7. WARRANTIES AND DISCLAIMERS.
1. YOUR RIGHTS AND THIS LIMITED WARRANTY.
This warranty (this “Limited Warranty”) applies to your purchase from Space Gravity, Inc. or its authorized designee (“Space Gravity,” “we,” “us,” or “our”) of certain power bank. For terms of service related to the Products, see our Terms of service. This Limited Warranty applies to you only if you are the original retail purchaser of the Product.
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty shall apply to the fullest extent allowed by applicable laws.
2. EXCLUSION, DISCLAIMER, AND LIMITATION ON DURATION OF IMPLIED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTIES; HOWEVER, TO THE EXTENT THEY APPLY, WE LIMIT THEIR DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow such exclusions, disclaimers, or limitations, so the above exclusion, disclaimer, and/or limitation may not apply to you.
3. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE.
We warrant to you that the Product will be free from defects in materials and workmanship for a period of one (1) year and one day from the date of purchase (the “Warranty Period”).
If the Product fails to conform to this Limited Warranty during the Warranty Period, then we will, at our option as determined in our sole discretion, either:
(a)repair or replace the defective Product or any component thereof; or
(b)if both of the foregoing are impracticable (as determined in our discretion), accept the return of the Product and refund the money actually paid by you for the Product.
Repair or replacement may be made with a new or refurbished Product or components thereof, at our option as determined in our sole discretion.
If the Product or a component incorporated within is no longer available, we may replace the Product or component in question with a similar product or component of similar function, at our option as determined in our sole discretion.
The foregoing is your sole and exclusive remedy for Products that do not conform to being free from defects in materials and workmanship.
Any Product or component thereof that has been repaired or replaced under this Limited Warranty shall remain covered by this Limited Warranty for the remainder of the Warranty Period, if any.
This Limited Warranty shall be null and void as to any Product that is Ineligible (as defined below).
This Limited Warranty does not cover any defects due to normal wear and tear.
4. WARRANTY CONDITIONS; SUBMITTING A CLAIM UNDER THIS LIMITED WARRANTY.
Before being able to claim under this Limited Warranty, you must (a) notify us during the Warranty Period of your intention to submit a claim, (b) provide us with a reasonably adequate description of the alleged non-conformity of the Product or its component(s), and (c) comply with our return-shipping instructions.
You may notify us by submitting such notice and providing such description via the Product support website page at "Contact".
We shall have no warranty obligations with respect to a returned Product or component(s) thereof if we determine, in our reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (as defined below).
5. WHAT THIS LIMITED WARRANTY DOES NOT COVER.
This Limited Warranty does not cover the following (collectively, “Ineligible” or “Ineligible Products”): Products that have been subject to (i) unauthorized modifications or alterations, tampering, or improper maintenance or repairs; (ii) improper handling, storage, installation, testing, or use, including but not limited to not in accordance with the Product documentation or other instructions provided by us; (iii) abuse or misuse; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network to which the Product is dependent; (v) “acts of God”, including lightning, flood, tornado, earthquake, or hurricane; or (vi) non-conforming use. Unauthorized use of the Product can impair the Product’s performance and may invalidate this Limited Warranty.
6. DISCLAIMER OF WARRANTIES.
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. LIMITATIONS OF LIABILITY.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WE (AND OUR SUPPLIERS AND LICENSORS) WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, OR ANY OTHER THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. NON-TRANSFERABILITY OF LIMITED WARRANTY.
This Limited Warranty is not transferable from the original retail purchaser of the Product to subsequent owners or purchasers. It may not be transferred, assigned, or passed on by the original retail purchaser.
9. GOVERNING LAW.
This Limited Warranty is governed by the laws of the State of Ohio without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
10. DISPUTE RESOLUTION.
The provisions in the Terms of Service pertaining to injunctive relief, jurisdiction, and dispute resolution shall apply as if stated here (and references therein to the “Terms of Service” or the like shall, accordingly, be interpreted to apply this Limited Warranty for Glydcharge Products).
11. ENTIRE AGREEMENT.
This Limited Warranty constitutes the whole and complete understanding between us and you as to the warranty of the Product. This Limited Warranty shall not expand, replace, or otherwise affect the terms and conditions in other documents that apply to our Website, Apps, or any services. This Limited Warranty does not apply to integrations.
8. LIMITATIONS OF LIABILITY.
Nothing in these Terms of Service and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, (a) IN NO EVENT WILL WE (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US (OR OUR AUTHORIZED DESIGNEE) FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR SUPPLIERS AND LICENSORS. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. FORCE MAJEURE.
Notwithstanding any other provision of these Terms of Service, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control.
10. INJUNCTIVE RELIEF.
You agree that your breach or threatened breach of these Terms of Service will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available to us at law or in equity.
11. GOVERNING LAW; JURISDICTION.
These Terms of Service are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in or for Columbus, Ohio, USA, for purposes of any legal action arising out of or related to these Terms of Service or use of the Products.
12. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.
Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms of Service or access to or use of the Products will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in Section 13). Except as provided in Section 13, the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms of Sale or access to or use of the Products and/or related services and to arbitrate any part of these Terms of Sale, including any claim that all or any part of this section or these Terms of Sale is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio, USA, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org .
You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Agreement to these Terms of Service constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for Columbus, Ohio, USA.
If you do not wish to be bound by arbitration and waive your rights to participate in a class action, you must notify us in writing within thirty (30) days of the date that you obtain the Product and include: (i) your name, (ii) your account number (if any), (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice to us at: support@space-gravity.com. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.
