Terms and Conditions
Last Updated: June 15, 2024
1. Introduction
Welcome to PhoneArmor. These Terms and Conditions govern your access to and use of the PhoneArmor website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not access or use our Services.
These Terms and Conditions constitute a legally binding agreement between you and PhoneArmor, registered at 11 Russell Corner, North Michaelton, NG5 1JR, United Kingdom, with registration number 99275435 ("we," "our," or "us").
2. Definitions
In these Terms and Conditions, the following definitions apply:
- "Customer" means any person who purchases or places an order for Products through the Services.
- "Products" means phone cases, screen protectors, and other accessories offered for sale on our Services.
- "Order" means a request to purchase Products submitted through our Services.
- "User" means any person who accesses or uses our Services, including Customers.
- "User Content" means any content, including but not limited to text, images, videos, or reviews, that a User uploads, submits, or posts on or through our Services.
3. Account Registration
To use certain features of our Services, you may be required to register for an account. When you register, you agree to:
- Provide accurate, current, and complete information about yourself.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Keep your account password confidential and secure.
- Notify us immediately of any unauthorized access to your account or other security breaches.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms and Conditions or if we believe your account has been compromised.
4. Products and Pricing
4.1 Product Information
We make every effort to accurately display the Products, including their colors, dimensions, and specifications. However, the actual colors, dimensions, and specifications of the Products may vary. We do not guarantee that your screen's display of any color or image is accurate.
4.2 Product Availability
All Products are subject to availability. We reserve the right to limit the quantities of any Products that you may purchase. If a Product is out of stock, we will notify you and provide an estimated restocking date or offer you a refund or substitution.
4.3 Pricing
All prices are shown in the selected currency and are exclusive of taxes, duties, and shipping costs, unless otherwise stated. We reserve the right to change prices at any time without notice. Despite our efforts to provide accurate pricing information, pricing errors may occur. If we discover a pricing error for a Product you have ordered, we will notify you and give you the option to continue with the order at the correct price or cancel your order.
5. Orders and Payments
5.1 Order Acceptance
When you place an Order, you are making an offer to purchase the Products at the specified price. We may accept or reject your Order at our sole discretion. Your Order is accepted by us when we send you an Order confirmation email. We reserve the right to cancel or refuse any Order for any reason, including but not limited to Product availability, errors in pricing or Product information, or suspected fraud.
5.2 Payment Methods
We accept various payment methods as indicated on our Services. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your payment method for the total amount of your Order (including taxes, shipping, and any other fees disclosed to you).
5.3 Secure Payment
We use industry-standard security measures to protect your payment information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
6. Shipping and Delivery
6.1 Shipping Methods
We offer various shipping methods as indicated during the checkout process. Shipping costs and estimated delivery times will be provided before you complete your Order.
6.2 Delivery Times
Delivery times are estimates only and are not guaranteed. We are not responsible for delivery delays caused by circumstances beyond our control, including but not limited to weather conditions, carrier delays, or customs processing.
6.3 International Shipping
For international Orders, you are responsible for paying any applicable customs duties, taxes, or fees. These charges are not included in the purchase price or shipping costs, and we have no control over these charges.
6.4 Risk of Loss
The risk of loss and title for Products pass to you upon delivery to the carrier.
7. Returns and Refunds
Our return and refund policy is outlined in our Refund Policy. By making a purchase, you agree to the terms of our Refund Policy.
8. Warranties and Disclaimers
8.1 Product Warranty
We provide a limited warranty for our Products as specified in the Product descriptions or warranty documentation. The warranty does not cover damage caused by misuse, accidents, modifications, or normal wear and tear.
8.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHONEARMOR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO CASE SHALL OUR LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
9. User Content
9.1 License Grant
By posting, uploading, or submitting User Content on or through our Services, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with our Services and business operations, including for promoting and redistributing part or all of the Services.
9.2 User Representations
You represent and warrant that (i) you own or control all rights to the User Content you post; (ii) the User Content is accurate and not misleading; and (iii) the use of the User Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
9.3 Content Removal
We reserve the right to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms and Conditions, is illegal, offensive, or might violate the rights of, harm, or threaten the safety of Users or others.
10. Intellectual Property Rights
10.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of PhoneArmor or our licensors and are protected by copyright, trademark, and other intellectual property laws.
10.2 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.
10.3 Trademarks
The "PhoneArmor" name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PhoneArmor or our affiliates or licensors. You may not use such marks without our prior written permission.
11. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using our Services for any illegal purpose or in violation of any local, state, national, or international law.
- Violating or attempting to violate the security of our Services, including but not limited to attempting to gain unauthorized access, disrupting service, introducing malware, or using any form of spyware.
- Impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Submitting false or misleading information or content that is defamatory, obscene, offensive, threatening, or harassing.
- Using our Services for commercial purposes without our prior written consent.
- Interfering with or disrupting the operation of our Services or servers or networks connected to our Services.
- Engaging in any activity that could disable, overburden, damage, or impair our Services.
12. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be London, United Kingdom. The language of the arbitration shall be English.
13.3 Informal Dispute Resolution
Before resorting to formal dispute resolution, we encourage you to contact us first to seek an amicable resolution of any disputes or claims arising from these Terms and Conditions or your use of our Services.
14. Indemnification
You agree to defend, indemnify, and hold harmless PhoneArmor, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Services.
15. Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. The most current version will be posted on our Services with the effective date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not use or access (or continue to access) our Services.
16. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable while preserving its intent, or if not possible, severed from these Terms and Conditions, with the remaining provisions remaining in full force and effect.
17. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PhoneArmor regarding your use of our Services and supersede all prior and contemporaneous agreements, representations, and understandings between us.
18. Waiver
Our failure to enforce any right or provision of these Terms and Conditions shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PhoneArmor. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
19. Assignment
You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without our consent shall be null and void. We may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
20. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
PhoneArmor
11 Russell Corner
North Michaelton, NG5 1JR
United Kingdom
Email: legal@phonearmor.com
Phone: +44 430 862 0434