TERMS OF USE
(October 2009)
READ CAREFULLY. These terms and conditions ("Terms") apply to your use of the, and purchases made from, Inka Biospheric Systems' website located at http://www.inka.fm (the "Site"). The Site is the property of Inka Biospheric Systems, LLC ("Inka" or "us").
BY CONTINUING TO BROWSE AND USE THE SITE, YOU AGREE TO THESE TERMS, WHICH TOGETHER WITH OUR PRIVACY POLICY, GOVERN THE RELATIONSHIP BETWEEN US AND YOU IN RELATION TO THE SITE AND PRODUCTS PURCHASED FROM IT. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
1. Terms; Changes to these Terms; Use of the Site
The content on the Site is for your general information and personal use only. Neither Inka nor any third party provides any warranty or guaranty as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site. Your use of any information or materials available through the Site is entirely at your own risk. You acknowledge that such information and materials may contain inaccuracies for errors, and, to the fullest extent permitted by law, in no event shall Inka be liable for any such inaccuracies or errors or your use of any such information or materials. It shall be your sole responsibility to ensure that any products, services or information available through the Site meets your specific requirements.
The design, layout, look, appearance, content and graphics of the Site are protected by intellectual property laws. Reproduction is prohibited other than in accordance with applicable law. All third party trademarks reproduced on the Site are hereby acknowledged. You may not create a link to the Site without Inka's prior written consent. From time to time, the Site may include links to other websites. These links are for convenience of reference only. They do not signify that we endorse any such website. We have no responsibility for any content on any linked website.
Inka reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Site. Your continued use of the Site, including purchases from the Site after the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Terms, which shall apply until Inka posts modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, Inka grants you a personal, non-exclusive, non-transferable, non-sublicenseable, limited privilege to enter and use the Site.
You also agree that Inka may, in its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (1) any attempt to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any information on the Site, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Inka will not be liable to you or to any third party for termination of your access to the Site.
Inka reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
2. Unauthorized Access; Use of Site
You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current, and complete information about yourself and your billing information when making purchases through the Site. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information
As more fully described in our Privacy Policy, which may be located at
http://inka.fm/contact/privacy you must disclose certain personal information to use the Site and make purchases. As a condition of making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use, and disclosure of the information you provide to us as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While Inka takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL INKA OR ITS MANAGERS, MEMBERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER INKA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail
By providing us with your personal information with us, and each time you make a purchase through the Site, you grant us permission to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at
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with Unsubscribe in the subject line.
5. Product Descriptions
Inka attempts to be as accurate as possible. However, Inka does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by Inka is not as described, your sole remedy is to return it in accordance with our return policy.
6. Conditions of Sale and Payment Terms
To purchase any goods and/or services on the Site, you must (a) be at least 18 years of age, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) reside in the continental United States or such other geographical region specified by us in the particular sale offer. Prior to the purchase of any goods or services on the Site, you must provide us with a valid PayPal account. All sales of products and services are final and all charges from those sales are nonrefundable, unless otherwise expressly permitted by these Terms or the written terms of the particular sale offer.
7. Methods of Payment, Credit Card Terms and Taxes
All payments must be made by PayPal. We do not accept any other payment form. Your agreement with PayPal governs your use of your PayPal account, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a PayPal accountholder. YOU, AND NOT INKA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT OR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. If Inka does not receive payment, you agree to pay all amounts due upon demand by Inka or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, or value-added taxes. Inka shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
8. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Inka's acceptance of your order, nor does it constitute confirmation of Inka's offer to sell. Inka reserves the right at any time after receipt of your order to accept or decline your order for any reason. Inka further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Inka upon shipment of products or performance of services that you have ordered. Title to goods and risk of loss passes to you upon delivery to the common carrier. Inka may require additional verifications or information before accepting any order. Purchases through the Site may be made by only consumer end-users and no orders from resellers, exporters, wholesalers, any businesses of any kind, or other customers who intend to resell will be accepted by Inka through the Site. All wholesale and resale inquiries must be submitted to
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9. No Responsibility To Sell Mispriced Products Or Services
Inka shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, or refund, or containing any other incorrect information or typographical errors. Inka shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Inka shall immediately issue a credit to your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms
INKA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
11. Shipping; Exchanges; Return Policy
Delivery dates are approximate. Inka will not be liable for delay in delivery or for failure to give notice of delay. Failure to meet estimated shipment dates will not be considered sufficient cause for cancellation of order. Once an order is shipped, it is your responsibility to make yourself available to receive the shipment.
All sales are final and all products are sold "AS IS" unless otherwise specified in these Terms or the particular sale offer. If there is extensive damage to any product upon delivery, email
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immediately. It is your responsibility to inspect the product immediately upon delivery. If we don't hear from you within 7 days of delivery, the product will be deemed acceptable.
Any Inka Wall Garden purchased directly from Inka may be returned within 30 days delivery for a full refund of the purchase price, minus the shipping, handling and any other additional charges, and subject to the below rules and restrictions.
Inka Wall Garden - Return Rules and Restrictions:
- The Inka Wall Garden must be returned within 30 days of delivery.
- Returns should be addressed to: 1760 Armstrong Avenue, San Francisco, Ca, 94124. To ensure that your order is delivered to Inka and not lost in transit, please ship using a tracking number. Inka will not be responsible for any returns lost or damaged in transit.
- The Inka Wall Garden must be returned in good working and saleable condition, in original boxes, and with all paperwork (including sales receipt), parts and accessories to ensure full credit.
- Shipping and handling costs and other additional charges are non-refundable.
- We will not accept CODs or third party billing for returned merchandise.
- You can expect a refund in the same form of payment originally used for purchase within 15-30 days of our receiving your returned product.
- Inka Wall Gardens that are returned more than 30 days after delivery, not in good working or saleable condition, not in original boxes, or missing any paperwork, parts or accessories, will not be accepted for return or exchange.
Please note that we can only process returns and exchanges for items purchased directly from Inka.
If you are returning your Inka order, please send it so it includes a tracking number to ensure that your order is delivered to Inka and is not lost in transit. Inka also recommends that you insure your return. Any products lost in transit will be your sole responsibility; Inka assumes no liability for any product lost or delayed in transit.
Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. If an order has shipped, it is the purchaser's responsibility to accept the shipment and return the order in accordance with this Return Policy. Orders that are refused or unable to be delivered at the designated shipping address may incur a 20% restocking fee.
12. Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
INKA WEBSITE PRIVACY POLICY
Each of these policies, and any future policies that are posted at http://www.inka.fm , may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules, including all current and future policies that are posted at http://www.inka.fm, are hereby incorporated by reference into these Terms. Any conflict between these Terms and such other policies incorporated herein by reference shall be resolved in favor of these Terms with respect to all purchases made through the Site.
13. Indemnification
You agree to indemnify and hold harmless Inka and its subsidiaries, affiliates, service providers, other end users of the Site, distributors, officers, managers, members, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of any of these Terms, or your violation of any law, regulation, or third-party right.
14. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR THE SITE, ALL PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, INKA EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
15. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL INKA OR ITS OFFICERS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE EVEN IF INKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT INKA SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO INKA BY THE END-USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF INKA. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. General
No delay or failure to take action under these Terms shall constitute any waiver by Inka of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of Inka's permitted successors and assigns. Any claim under these Terms must be brought within 1 year after the cause of action arises, and the parties hereby waive any statute of limitations to the contrary. These Terms shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in San Francisco County, in the State of California. These Terms are personal to you and may not be transferred, assigned, or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. Inka may freely assign these Terms without consent or notice. These Terms (including all documents expressly incorporated herein by reference) constitute the complete and exclusive agreement between Inka and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
