Terms and Conditions
Rock Climbing Curacao Terms and Conditions
PURPOSE OF TERMS AND CONDITIONS. This terms and conditions governs your access to, use of, and transactions made through Rock Climbing Curacao and www.rockclimbingcuracao.com . We may make available to you, through www.rockclimbingcuracao.com certain services or products that are subject to this terms and conditions. Products made available through www.rockclimbingcuracao.com may be designed for, and only appropriate for, specialized uses; accordingly, you may only use them as intended by, and in compliance with all instructions provided by, the manufacturer. This Terms and conditions incorporates by reference the Feature Terms and the Policies.
SHIPPING; RETURNS; REPLACEMENT CHARGES; PAYMENT METHODS; TAXES. Your purchases are subject to Rock Climbing Curacao’s Shipping and Returns Policies. All purchases of physical items from Rock Climbing Curacao are made pursuant to a shipment contract. For returns, Rock Climbing Curacao does not take title to returned items until the item arrives at our shop. To purchase through www.rockclimbingcuracao.com you will need at least one valid payment method (credit or debit card). If we send a replacement product for a product originally ordered using an individual payment method (such as a personal credit card) and the original product ordered is not returned within 15 days of the replacement request, you acknowledge and consent that we may charge any eligible payment method on record for the relevant replacement product. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Terms and conditions.
DISCLAIMER. UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY ROCK CLIMBING CURACAO ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ROCK CLIMBING CURACAO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, ROCK CLIMBING CURACAO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
INDEMNIFICATION. You will defend, indemnify, and hold harmless Rock Climbing Curacao and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim is based on: (a) any breach of the Terms and conditions, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the Terms and conditions, (c) any dispute with you, or (d) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ROCK CLIMBING CURACAO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF ROCK CLIMBING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCK CLIMBING CURACAO’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY.
6.1. Customer Information. We require you to provide information about you to purchase some Rock Climbing Curacao products or services. You will ensure that all information that you provide to us is at all times accurate and complete. Your information will not be shared with anyone or stored.
6.2. Privacy. Except as disclosed in this Terms and conditions, our use of your information is governed by the terms of the www.rockclimbingcuracao.com Privacy Notice available at the site.
6.3. Confidentiality. In connection with your use of www.rockclimbingcuracao.com we may share with you information which is identified as confidential or that should reasonably be considered confidential (“Confidential Information”). You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You may use Confidential Information only in connection with your use of www.rockclimbingcuracao.com. You will not disclose Confidential Information unless required by law. This applies to all Confidential Information in your possession, regardless of when or where you receive it.
GOVERNING LAW, DISPUTES, GOVERNMENTAL ENTITIES.
7.1. Governing Law. The laws of Curacao, without reference to conflict of law rules, govern the terms and conditions and any dispute that might arise between you and us that pertains to Rock Climbing Curacao or this Terms and conditions. The United Nations Convention for the International Sale of Goods does not apply to the Terms and conditions.
7.2. Disputes. Any dispute or claim relating in any way to Rock Climbing Curacao will be resolved by binding arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office. The arbitration will be conducted in Curacao. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8.3. Public Sector Entities. If you are a public sector entity and precluded by law from agreeing to any of the provisions of Section 8 as set forth above, then any disputes with you will be governed by the substantive laws of the sovereign under whose laws you were formed and the venue for any such dispute will be the venue required by the laws of such sovereign. Similarly, if the laws of such sovereign would result in other provisions in being deemed unlawful, void or for any reason unenforceable against you, those provisions will not apply to you and will be deemed severable. All other provisions in the remain in full force and effect.
MODIFICATIONS. We may, at any time in our discretion, change this terms and conditions by posting such a change on www.rockclimbingcuracao.com YOUR CONTINUED USE OF www.rockclimbingcuracao.com AFTER WE CHANGE THE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MAY STOP DOING BUSINESS WITH US.
ENTIRE TERMS AND CONDITIONS. The Terms and conditions constitutes the exclusive and complete terms and conditions between us and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of this terms and conditions or which may be in any order, receipt, acceptance, confirmation, correspondence or other document, including informational forms we complete, sign or otherwise provide to you for your convenience.
COPYRIGHTS; TRADEMARKS; PATENTS. Use of www.rockclimbingcuracao.com does not give you the right to frame, use or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our patents, except as expressly permitted in writing by Rock Climbing Curacao.
15.1. Suggestions. If you make any suggestions about www.rockclimbingcuracao.com or the features, we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.