Terms & Conditions
This website – Asics-Miner.com (“Site”) is being made available to you free-of-charge. The terms “Buyer”, “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting, using or buying any products available for sale through the Site (“Products”). The terms “Seller”, “we”, “us,”, “our”, “our company” refers to CDS-Alliance Inc., a company duly organized and existing under the laws of the state of Florida, located at 12526 High Bluff Dr., Suite 38, San Diego, CA, 92130 and its affiliates and/or subsidiaries.
By accessing, viewing, browsing, using and/or purchasing Products through the Site you agree to the Terms and Conditions, including but not limited to delivery, cancellation and disputes resolution terms. We reserve the rights to revise and/or make changes and amendments to the Terms and Conditions from time to time as we find necessary. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless required by law. If you violate any of the terms of these Terms and Conditions you may have your order cancelled and be permanently banned from accessing, viewing, browsing, using, ordering and/or purchasing Products through the Site. You accessing, viewing, browsing, using, ordering and/or purchasing Products through the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes. At the beginning of this page, we notify you of the date these Terms and Conditions were last updated. Accessing the Site will constitute your acceptance of these Terms and Conditions.
IMPORTANT INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE DO NOT ORDER AND/OR PURCHASE PRODUCTS THROUGH THE SITE.
I. HOW TO ORDER THROUGH THE SITE
After placing an order, you may receive an email from us acknowledging that we have received your order (“Order Confirmation”) and/or invoice for the Products. Please note that this does not mean that your order has been accepted or confirmed. You agree that we may not process your order after you have received an Order Confirmation without any penalty.
All orders are subject to our review and acceptance. The order shall be deemed accepted upon you receiving an email confirming (i) acceptance of your payment under the sent by us invoice for the ordered Product (-s) (“Payment Confirmation”) and (ii) shipment of your order (“Shipment Confirmation”). To make sure the order is confirmed, please make your payment within twelve hours in US dollars or within one hour in bitcoins from the receiving of the invoice.
A contract with us shall be deemed concluded when we send you the Shipping Confirmation. These Terms and Condition form an integral part of the contract
concluded between you and us. The contract will relate only to those Products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order. We reserve the right to cancel your order at any time before we have accepted and shipped it.
Please do not place your order with anyone or anybody claiming to be an official representative of us over email or Skype or any web site other than the Site. It can be a scam and your confirmed order may never be delivered in such cases. We are neither responsible for nor offer any kind of compensation in such cases.
II. PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of Products available for order through the Site are subject to change without notice. Despite our best efforts, the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect price, even after we have sent you an Order Confirmation or Payment Confirmation.
Prices of Products on the Site are fixed in USD. The payments for Orders are accepted either in USD or through Bitcoin (“BTC”) payment network. In the event you choose to pay in BTC, in order to facilitate, we will calculate the BTC amount for payment at the USD-BTC exchange rate chosen by us. Further changes in USD/BTC exchange rate shall have no effect.
On occasion, you may be able to place a Product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of the Product. You agree that we may not process your order after you have received an Order Confirmation without any penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the Product you ordered due to unavailability.
III. DELIVERY SERVICE
Delivery of the ordered Products will be arranged after the order is fully paid. You acknowledge that delivery service is provided by third parties, mainly national post services, and agree that delivery terms are approximate and are not guaranteed by us. You acknowledge and agree that we shall not be liable for any delay in delivery of the ordered Products for up to three hundred and sixty days starting from the originally estimate date delivery date.
By ordering the Products through the Site you accept the Terms and Conditions and indemnify us against any costs, loss and/or liability related to late delivery of the Products or failure to deliver the Products by third parties for the reasons beyond our control.
Please note the retail price of Products does not include the delivery cost unless otherwise stated on the Site.
IV. UNDELIVERABLE PARCELS
Occasionally parcels are returned to us/third parties as undeliverable. We will re-dispatch your order but any and all additional charges shall be borne by you. We will contact you in due course in case the parcel is returned as undeliverable. You agree to bear and pay for any additional costs/charges related to the Products undelivered for the following reasons:
Incorrect address. If the address is incorrect or outdated the parcel will typically be returned to us or delivered to the unintended recipient by the carrier/delivery service provider. Please double-check the address carefully when placing your order.
Incorrect address format. If our system doesn’t recognize the way an address was entered the parcel may be assigned to a carrier/delivery service provider that can’t deliver to the specified by you address.
Failed delivery attempts. Most of our carriers/delivery service providers will make more than one attempt to deliver a parcel. If they find that they cannot successfully deliver your parcel it will be returned to us.
Refused by recipient. A gift recipient who is not expecting a gift may refuse a parcel if he/she believes it is being delivered to him/her by mistake.
Illegible address. In rare cases address labels may become illegible in transit. If that happens a carrier will return the parcel to us.
Damaged in transit. If a parcel is damaged while it is on its way to you the carrier may return it without attempting delivery.
By ordering the Products through the Site you accept the Terms and Conditions and indemnify us against any costs, loss and/or liability related to re-dispatch of your order or failure to deliver the Products for the reasons beyond our control.
V. LOST PACKAGE
You are entitled to initiate an investigation process with us if the shipping status satisfies at least one of the following conditions: 1) package does not leave country of origin in three hundred and sixty days, or 2) package does not appear on foreign tracking in three hundred and sixty days. The investigation process may take up to twenty four weeks after you initiate it, due to processing time at the post office in the country of origin. Communication between you and us is essential during the investigation period to keep information on delivery status up to date.
By ordering the Products through the Site you accept the Terms and Conditions and indemnify us against any costs, loss and/or liability related to the loss of package with the Products ordered for the reasons beyond our control.
All purchases made through the Site are final. Any payment made under the issued by us invoice is not refundable.
You acknowledge that any amount paid for the Products under the issued by us invoice will be lost in case you decide to cancel your order or not to communicate with us after the payment under the invoice was made. On rare occasions we may, at our sole discretion, make an exception. Such exceptions are made on a one time only basis and do not oblige us in any way whatsoever in subsequent cases.
You agree to receive and pay under the electronically issued invoices for the Products ordered.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work, and we own or license a copyright and/or database right or in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior
written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
IX. SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its content; any collection and use of any Product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
XI. DISCLAIMERS, INDEMNIFICATION AND LIMITATIONS OF LIABILITY
The Site is provided on an “AS IS,” “as available” basis. We do not represent or warrant that use of the Site will be uninterrupted or error-free. We do not represent or warrant the accuracy, integrity, or completeness of the content provided on the Site, or the Products offered for sale on the Site. Further, we specifically disclaim representations and warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a representation or a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by you on any information obtained at the Site, or
that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if our authorized representative has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content of the Site, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
XII. ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity.
XIII. USER CONTENT AND PERSONAL DATA
For any information, like email addresses, shipping contacts or other information or data, including personal data (collectively “User Content”), sent, transmitted, or uploaded by you on or through the Site, you agree to grant us and our respective contractors and business partners a non-exclusive, transferable, license to use, process, copy, digitally store, and distribute such User Content.
You agree not to post, upload, or transmit any User Content that violates the intellectual property rights or ownership rights of any third party including: any proprietary right of any party, especially BTC payment address that is not yours or that you have gained access to by an unlawful act such as private key seizure, through a wallet – stealing virus or through any other act of breaching the original owners’ rights, copyright, patent, trademark, trade secret, publicity or privacy rights such as other persons shipping contacts or email address without his/her prior written consent. You understand and agree that we do reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any third party whether an individual or entity.
XIV. YOUR CONSENT FOR NOTICES WE SEND YOU
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you made an order or purchase through the Site. You may have the right to withdraw this consent under applicable law. Notices provided to you via email will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
XV. USAGE BY MINORS
We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live).
XVI. APPLICABLE LAW
You agree that the laws of the State of Florida, without regard to its conflicts of law provision, will govern these Terms and Conditions and the contract between you and us. Any dispute of any sort that might arise between you and us shall be governed by the laws of the State of New York.
XVII. YOUR CONSENT TO THE DISPUTES RESOLUTION PROCEDURE
Any dispute arising out, in connection with or relating in any way to your use of the Site, including but not limited to making orders and/or purchases of the Products, to these Terms and Conditions, to the contract between you and us, to our advertising or solicitation practices or to Products you purchase through the Site, including delivery terms, quality and quantity of the Products, as well as the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the
JAMS Atlanta Resolution Center before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The place of arbitration will be One Atlantic Center 1201 West Peachtree, NW, Suite 2650 Atlanta, GA 30309 USA.
You agree that you will incur and pay all costs (expenses, fees, including our attorneys’ fees) in relation to arbitration, and such costs (expenses, fee) are not refundable irrelevant of the outcome of the arbitration proceedings.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the asicsminer.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. asicsminer.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to asicsminer notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below :
Porterfield 508 Virginia Street Chicago,
Opp M. Alexander Building.
Email: [email protected]
Time: Mon – Sat (9:00 – 18:00)