This website is operated by Open Your Ice Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Open Your Ice Ltd. Open Your Ice Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are participating in our “Service” and agree to be bound by the following terms (“Terms of Service”, “Terms”), including those additional terms and conditions set forth herein and/or accessible by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors.
Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on the WordPress – WooCommerce platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state in which you live or reside, or that you are of legal age in your state or province of residence, and that you have given us your consent to use this Site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any virus code of a destructive nature.
Violation or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (without credit card information) may be transferred unencrypted and include (a) transmission over different networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree NOT to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission from U.S .
The headings used in this agreement are included for our protection and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or up-to-date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily out of date and is provided for your reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may only be available exclusively online through the Website. These products or services may have limited quantities.
We have made every effort to explain and show as accurately as possible the integrity of each of our products that appear in the store.
We reserve the right, but have no obligation, to restrict the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where it has expired.
We do not guarantee that the quality of the products, services, information or other material purchased or received by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit questionable orders, at our discretion.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
SECTION 7 – ADDITIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising out of or related to your use of optional third-party tools.
Any use by you of additional tools offered through the Site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms under which the tools are provided by the applicable third party provider(s). .
We may also in the future offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
SECTION 8 – THIRD PARTY RELATIONSHIPS
Certain content, products and services available through our Service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for checking or evaluating the content or accuracy, and we do not guarantee and will not have any responsibility or liability for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review the policies and practices of third parties carefully and ensure that you understand them before undertaking any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.
SECTION 9 – USER COMMENTS, REMEDIES AND OTHER REMEDIES
If you submit certain specific submissions at our request (for example, contest entries) or without our request, you are submitting creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (together, “ comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any comments you submit to us. We are and will be under no obligation (1) to keep Comments confidential; (2) to pay compensation for any comments; or (3) respond to any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise illegal, offensive or obscene material, nor contain a computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We are not responsible for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product delivery charges, delivery 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 on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted the order you are).
We undertake no obligation to update, amend or clarify information on the Service or on any related website, including but not limited to pricing information, unless required by law. No stated update or refresh date applied to the Service or any linked website should be taken to indicate that all information on the Service or any linked website has been changed or updated.
SECTION 12 – PROHIBITED USE
In addition to the other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) solicit others to commit or engage in any illegal activity; (c) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, defame, degrade, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information; (g) upload or transmit viruses or other malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any linked website, other websites or the Internet ; (h) collect or track the personal information of others; (i) spam, phishing, farming, pretexting, crawling or scanning; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any linked website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for an indefinite period of time or cancel the Service at any time without notice to you.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Open Your Eyes Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injuries, losses, claims 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 out of the use of any of the services or products purchased using the service or for any other claim related in any way to your use of the service or product, including, but not limited to, errors or omissions in any content, or loss or damage of any kind arising out of the use of the service or what any content (or product) posted, transmitted or otherwise made available through the Service, even if notified of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Open Your Eyes Ltd and its subsidiaries, affiliates, partners, employees, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claims or demands , including reasonable attorneys’ fees incurred by any third party due to or arising out of your violation of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SIVABILITY
In the event that any provision of these Terms and Conditions is determined to be illegal, void or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Delivery, such determination shall not affect the validity and enforceability of other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties entered into prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our Site.
If, in our judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due until and including the date of termination; and/or may accordingly deny you access to our Services (or part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all 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 and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These General Terms and Conditions and any separate agreements by which we provide you with the Services shall be governed by and construed in accordance with the laws of Bulgaria.
SECTION 19 – CHANGES TO THE TERMS OF SERVICE
You can view the latest version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes on 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 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to [email protected]