Set forth below are the terms and conditions (these “Terms and Conditions”) governing the Zuka Sound web site located at, or linked to through, the root URL www.zukasound.com, which may expand or change from time to time (the “Website”). As used herein, the term “Zuka Sound” refers to Zuka Sound Inc., the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable program Zuka Sound terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Zuka Sound server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Zuka Sound logo or trademark, please contact Zuka Sound in writing.
Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Zuka Sound’s express prior approval, contains advertising or any solicitation with respect to products or services.
In addition, if we feel that a user abuses the Zuka Sound Website in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Zuka Sound reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.
Products, Prices and Taxes: Prices and Products are subject to change at any time and at the sole discretion of Zuka Sound. Zuka Sound may revise and/or discontinue Products at any time. Prices do not include any sales, local, or other similar taxes. Where applicable, taxes will be shown on and added to your invoice; all such taxes shall be paid by you.
Refund and Return Policy: Zuka Sound offer a fourteen (14) day refund on ordered Zuka Sound products from shipment date unless further specify. If there are any issues with a premium service or an ordered item please contact Zuka Sound immediately, we aim to solve any issue amicably. All Products purchased directly from the Zuka Sound Website sold with a fourteen (14) day satisfaction guarantee. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service within thirty (30) days of shipment. Products must be returned in the original packaging, accompanied by your original sales receipt. Shipping and handling charges are not refundable. Damage and missing part(s) restocking fees may apply. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Zuka Sound. If you return Product to Zuka Sound (i) without the original packaging, (ii) beyond the fourteen (14) day period, or (iii) without original sales receipt, Zuka Sound retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight (10) weeks for Zuka Sound to credit your account.
Shipping and Handling: Product prices do not include shipping and handling. Zuka Sound will use its discretion in selecting a reputable carrier and appropriate means of shipment.
Loss or Damage: Risk of loss or damage to Product(s) in transit is your responsibility. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Ownership of Product(s): Ownership of Product(s) passes from Zuka Sound to you upon shipment from (FOB) Zuka Sound’s fulfillment centers. Locations of centers may vary.
Coupons and Promotional Codes: If specifically deemed applicable to your purchase from the Zuka Sound Website, coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. If you have questions regarding a coupon code, please send requests by Contact Us at www.zukasound.com. Coupon/promotional code programs may be terminated or modified by Zuka Sound at any time at its sole discretion.
Content: The Website offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Zuka Sound strongly suggests that parents should supervise their children’s on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Zuka Sound for evaluation of possible offensive material. Zuka Sound reserves the right to act on such notices at its sole discretion.
Warranty Disclaimer: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZUKA SOUND MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, ZUKA SOUND MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ZUKA SOUND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL ZUKA SOUND BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Force Majeure: Zuka Sound shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Zuka Sound. Quantities are subject to availability. In the event of shortage, Zuka Sound may allocate sales and deliveries at its sole discretion.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including ayment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the province of Ontario and the federal laws of Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Toronto, Ontario, Canada. Both parties consent to extraterritorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Zuka Sound’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Age requirements for use of the Service: This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and
Modification of Terms and Conditions: From time to time Zuka Sound may modify these Terms and Conditions in its sole discretion. When such modification is made, Zuka Sound will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Zuka Sound is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.