These terms and conditions outline the rules and regulations for the use of Aiverc.com.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Aiverc.com if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company (Aiverc).
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, the prevailing law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to it.
Unless otherwise stated, Aiverc and/or its licensors own the intellectual property rights for all material on aiver.com. All intellectual property rights are reserved. You may view and/or print pages from Aiverc.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from Aiverc.com
Sell, rent or sub-license material from Aiverc.com
Reproduce, duplicate or copy material from Aiverc.com
Redistribute content from Aiverc.com (unless content is specifically made for redistribution)
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Web site without prior written approval:
System wide Accredited Businesses
Online directory distributors when they list us in the directory may link to www.aiverc.com in the same manner as they hyperlink to the websites of other listed businesses
These organizations may link to our home page, to publications or to other website information so long as the link:
Is not in any way misleading
Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services
Fits within the context of the linking party’s site
We may consider and approve in our sole discretion other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources such as Chambers of Commerce and Consumers Union
Dot.com community sites
Associations or other groups representing charities, including charity giving sites, online directory distributors
Accounting, law and consulting firms whose primary clients are businesses
Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
The link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link)
The organization does not have an unsatisfactory record with us
We perceive there to be a benefit to us from the visibility associated with the hyperlink
Where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
Is not in any way misleading
Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services
Fits within the context of the linking party’s site
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to email@example.com
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within them context and format of content on the linking party’s site.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to Aiverc.com. You agree to immediately remove all links to our Aiverc.com upon such request.
We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to Aiverc.com, you agree to be bound to and abide by these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
In order to access certain features Aiverc.com you will need to become a Registered User. If you register on the website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password.
THIRD PARTY ACCOUNTS
Please be aware that if you log into Aiverc.com using a Third-Party Account grant Aiverc the right to access to your Third-Party Account. Aiverc will not be held liable for any breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account. Aiverc will not be subject to any fees or usage limitations imposed by the applicable third-party service provider.
By giving Aiverc access to any Third-Party Accounts, you understand that you are also giving Aiverc permission to access any information, photographs, and/or other materials you have provided to and stored in your Third-Party Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on your Aiverc.com account.
Please note that if the Third Party service provider for any reason terminates your access to the Third-Party Account, then your Aiverc account may be discontinued. PLEASE NOTE AIVERC WILL NOT BE HELD LIABLE FOR ANY ACTIONS TAKEN BY THE THIRD PARTY SERVICE PROVIDER. AIVERC WILL ALSO NOT BE HELD LIABLE FOR ANY PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT.
By becoming a registered user of Aiverc.com you declare that:
All information you provide Aiverc is true and up to date.
That you will keep the Registration Data true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Aiverc has the right to suspend or terminate your Account and refuse any and all current or future use of Aiverc.com.
You agree not to create an Account using false or incorrect information. You agree not to pose as someone than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use Aiverc.com if your account has been previously terminated or if you have been previously banned from any of Aiverc’s services.
USAGE BY CHILDREN UNDER 13
Aiverc cannot prohibit minors from visiting this Site. Aiverc must rely on parents, guardians and those responsible for supervising children who is under 13 to decide which materials are appropriate for such children to view and/or purchase. Aiverc requires that all purchases be made either
By individuals 13 years of age or older, or
You acknowledge and agree that you shall have no ownership of your Aiverc.com account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Aiverc.
ORDER AND ACCEPTANCE
Your submission of an order constitutes an offer to purchase merchandise. If you have placed your order through the Website you will receive an email from Aiverc confirming receipt of your order. If you do not receive an email from Aiverc confirming receipt of an order that you placed, then please contact our customer support at firstname.lastname@example.org before you attempt to place another order for the same merchandise.
Please note that Aiverc’s confirmation of receipt of your order does not mean that Aiverc has accepted your order. Aiverc is not deemed to have accepted your order until the requested merchandise has been shipped and Aiverc has sent a shipment confirmation email.
The availability of certain products may be limited, and products may not be available for immediate sale. Aiverc any may revise or cease to make available any products at any time without prior notice. In the event that Aiverc is unable to deliver to you a product ordered due to lack of availability, we will notify you via email and your order will be automatically cancelled with respect to such unavailable product, provided that Aiverc may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.
If there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then Aiverc may cancel the order. If this occurs, then Aiverc will make you aware of the situation via email. Once the error has been corrected, Aiverc will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If Aiverc has notified you that your order has been accepted by sending you a shipment confirmation email, then you will no be required to pay a price that is greater than the price that was displayed on the Website at the time at which you placed your order.
Aiverc reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, Aiverc will issue a full refund.
We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the watch. The pictures may differ depending on the colour settings on your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics. For additional details, please review the Aiverc’s Returns Policy available at https://aiverc.com/returns-warranty/
Although it is unlikely that Aiverc would refuse to accept an order, Aiverc reserves the right to deny any order for any reason. Possible reasons for rejecting an order include:
Insufficient information or errors in billing, payment, and/or shipping information
Orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types
Suspected fraudulent information
Delayed shipment or unavailability of merchandise.
Suspected fraudulent activity.
The order is connected with a previous credit card dispute.
Aiverc is liable for any goods that are damaged or lost in transit only if the receiver of the goods contacts our customer service team (email@example.com) within 7 days of the delivery of the order. If the goods are lost or damaged when returning the product, the customer is liable. Cancellation is not possible after the order has been dispatched. Once the order has been dispatched, the customer is required to receive the order. Cancellation is not valid until the customer has confirmed their cancellation with Aiverc by email at (firstname.lastname@example.org) and has acknowledged their email. When the stock is unavailable, Aiverc reserves the right to cancel any order. We will notify the customer of a replacement or any equivalent products when possible. If Aiverc receives a package that has not been collected from the post office (or equivalent shipping office) and the customer requests to have the package sent again, the customer will be responsible for paying the re-shipment costs. An invoice will be sent to the customer and settlement of the invoice must be completed within 10 days.
RESTRICTIONS ON RESALE
Any resale of Aiverc merchandise for personal and/or business profit is strictly prohibited. Aiverc will reject any order that is deemed to possess characteristics of reselling. Aiverc reserves the right to cancel any subsequent order from a customer who we suspect to be a reseller.
All prices and product and/or service orders are quoted in the denomination stated. In order to make a purchase, you must provide a valid credit card (Visa, MasterCard, or American Express). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.
By providing Aiverc with your payment information, you hereby authorise Aiverc to immediately charge your credit card for all fees and charges due and payable to Aiverc hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Aiverc of any change in your billing address or the credit card used for payment hereunder.
Although Aiverc strives to provide accurate product, service and pricing information, errors may occur. Aiverc reserves the right to correct any errors in pricing or product and service information and to modify the prices of such products and services, at any time, without prior notice. Aiverc cannot confirm the price of a product or service until after you submit an order for such product and/or service. In the event that the price or related information for a product or service (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Aiverc may, at its sole discretion, refuse or cancel your order, whether before or after Aiverc’s acceptance thereof. If there is such an error in pricing, Aiverc will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product and/or service at the correct price.
RETURNS AND REFUNDS
Payments made to Aiverc are subject to return in accordance with Aiverc’s return policy available at https://aiverc.com/returns-warranty/
COMPLAINTS TERMS AND WITHDRAWALS
It is important that the customer checks their goods when the shipment is received in order to verify that the products are not damaged and correct. If you receive your item and see that you have been sent the incorrect item or it is damaged, please contact us within 7 days. Any complaints should be made to our customer service team via email email@example.com, or through our contact form on the contact page of our website. Please supply the order number and the reason for complaint and we will get back to you promptly with instructions on how to return the item. It is important that the returning product is packaged in such a way that it cannot be damaged in transit and the security tag attached to the strap buckle must not be removed. The customer is entitled to a refund of the shipping cost if the product suffers a manufacturer fault, which will be decided by Aiverc on receipt of the returned product. Aiverc has the right to replace defective goods with goods of the same model. If the item has been discontinued, the customer will receive a full refund. The purchaser has the right to cancel the purchase within 30 days. This right applies only in the case that the product and its original packaging can be returned in the same condition as it was received and the security tag attached to the strap buckle must not be removed. Purchasers using their right to return an order they should contact firstname.lastname@example.org the order number and customer’s email address that was used to order will be required. The return shipping is paid by the consumer.
SHIPPING AND TAXES
Aiverc will ship products ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Aiverc are estimates only. Aiverc shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all product and/or service prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. You may be subject to import duties and taxes, which are collected when the shipment reaches your delivery address. You will be responsible for payment of such import duties and taxes. It should be noted that Aiverc has no control over these charges and, since these charges are different for different countries, Aiverc cannot predict their amount. Aiverc advises you to contact your local customs office for further information.
DISCOUNTS AND PROMO CODES
From time to time, at our sole discretion, we may offer discounts and promo codes to our customers; such codes are governed by the terms and conditions explicitly set out against them. Promo Codes may only be used once per person. Only Promo Codes sent to you through official Aiverc’s communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
If you are disputing a charge from Aiverc you must notify us in writing within seven (7) days after receiving your credit card statement, or such dispute will be deemed waived. Billing disputes should be sent to: email@example.com
THIRD PARTY PAYMENT SERVICES PROVIDER
You hereby consent to provide and authorise Aiverc, Stripe and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
RESPONSIBILITY OF CONTENT
TYPES OF CONTENT
You acknowledge that all Content, including Aiverc’s Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Aiverc, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through Aiverc’s Properties (“YOUR CONTENT”), and that you and other Users of Aiverc’s Properties, and not Aiverc, are similarly responsible for all Content they Make Available through Aiverc’s Properties (“USER CONTENT”).
NO OBLIGATION TO PRE-SCREEN CONTENT
You acknowledge that Aiverc has no obligation to pre-screen Content (including, but not limited to, User Content), although Aiverc reserves the right in its sole discretion to pre-screen, refuse or remove any content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Aiverc pre-screens, refuses or removes any Content, you acknowledge that Aiverc will do so for Aiverc’s benefit, not yours. Without limiting the foregoing, Aiverc shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
You agree that Aiverc and its licensors and suppliers own all rights, title and interest in Aiverc Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Aiverc Properties.
Aiverc stylised name and other related graphics, logos, service marks and trade names used on or in connection with Aiverc Properties are the trademarks of Aiverc and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Aiverc Properties are the property of their respective owners.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Aiverc Properties.
Aiverc does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in Aiverc Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
LICENSE TO YOUR CONTENT
Subject to any applicable account settings that you select, you grant Aiverc a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Aiverc Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Aiverc Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Aiverc, are responsible for all of Your Content that you make available on or in Aiverc Properties.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Aiverc (“FEEDBACK”) is at your own risk and that Aiverc has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Aiverc a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Aiverc Properties.
Your watch is warranted for 2 years from date of purchase against all manufacturing defects. For warranty repair defected watch must be registered within 30 days by contacting us. In the email you need to specify your name, order number and a detailed description of the issue.
Please note that warranty does not cover:
The life of the battery
Failure or damage caused by improper use, lack of care, accidents (knocks, dents, crushing, broken crystal, etc.)
Aesthetic changes that occur during normal wear and tear and aging (scratched case or crystal, alteration of the color and/or material of non-metallic straps).
Aiverc watches handled by non-authorized persons (e.g. for battery replacement, services or repairs). The warranty should be submitted along with the watch.
The warranty should be submitted along with the watch. Battery replacement will be charged even during the warranty term. Consumer will pay for the shipping cost.
REPAIRS AND REPLACEMENTS
Depending on the issue Aiverc will either repair the product using refurbished parts or replace the entire product.
ISSUES NOT COVERED UNDER THE LIMITED WARRANTY
This limited warranty does not cover any problem that is caused by conditions, malfunctions or damage not resulting from defect in material or workmanship.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Aiverc (“FEEDBACK”) is at your own risk and that Aiverc has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Aiverc a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Aiverc.com.
As a condition of use, you agree not to use Aiverc.com for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through Aiverc.com that:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity
Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
Constitutes unauthorised or unsolicited advertising, junk or bulk e-mail
Involves commercial activities and/or sales without Aiverc’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes
Impersonates any person or entity, including any employee or representative of Aiverc
Interferes with or attempts to interfere with the proper functioning of Aiverc Properties or uses AIVERC Properties in any way not expressly permitted by the Terms
To attempt or engage in, any potentially harmful acts that are directed against Aiverc, including but not limited to violating or attempting to violate any security features of Aiverc.com, introducing viruses, worms, or similar harmful code into Aiverc.com, or interfering or attempting to interfere with use of Aiverc.com by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” Aiverc.com.
INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users of Aiverc.com and any other parties with whom you interact through Aiverc services; you agree that Aiverc will not be responsible for any damages incurred as a result of these interactions.
CONTENT PROVIDED BY OTHER USERS
Aiverc.com may contain user-generated content provided by other users. AIVERC is not responsible for and does not control user generated content, nor does it have any obligation to review or monitor said content. Aiverc does not approve, endorse or make any representations or warranties with respect to user generated content. Any interaction with user-generated content is done so at your own risk.
Aiverc may monitor or review the Website at any time. Aiverc has the right to remove any content for any reason, including if such content violates the Terms or any applicable law. If Aiverc becomes aware of any possible violations by a user of any provision of the Terms, Aiverc reserves the right to investigate such violations, and Aiverc has the right to immediately terminate the user’s account and license to use the Aiverc.com.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Aiverc or Aiverc.com and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence
Limit or exclude our or your liability for fraud or fraudulent misrepresentation
Limit any of our or your liabilities in any way that is not permitted under applicable law
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
Are subject to the preceding paragraph; and
Govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and displayed on Aiverc.com in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of the location on Company Properties of the material that you claim is infringing
Your address, telephone number and e-mail address
A written statement by you that you have reason to believe Aiverc does not have permission or authority to use the material being disputed.
A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Any claims of copyright infringement should be sent to: firstname.lastname@example.org
TERM AND TERMINATION
The Terms commence as soon as you access Aiverc.com and remain in effect while you use Aiver.com and its services, unless terminated earlier in accordance with the Terms.
Aiverc may terminate the Agreements or suspend your access to Aiverc.com at any time, including in the event of your actual or suspected unauthorised use of Aiverc.com, or non-compliance with the Agreements.
We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will be revoked immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.
If Aiverc suspends your access to Aiverc.com, you agree that Aiverc shall have no liability or responsibility to you.
To learn how to terminate your Aiverc account, please contact us at email@example.com.
This Website can be accessed from countries around the world and may contain content and materials that are not available in your country. These references do not imply that Aiverc intends to introduce such content and materials into your country. Aiverc is controlled and operated from its facilities in Australia. Aiverc makes no assertion that this content is appropriate or available for use in other locations. Those who access Aiverc.com from other jurisdictions do so at their risk and are responsible to adhere to local laws.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section is enforceable, the following mandatory arbitration provisions apply to you:
DISPUTE RESOLUTION AND ARBITRATION
You and Aiverc agree that any dispute, claim, or controversy between you and Aiverc arising in connection with or relating in any way to these Agreements or to your relationship with Aiverc as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause above, you and Aiverc both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. Any arbitration between you and Aiverc will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
TIME FOR FILING
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
NOTICE & PROCESS
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Aiverc may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Aiverc shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favour, Aiverc shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Aiverc in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Aiverc shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Aiverc makes any future change to this arbitration provision (other than a change to Aiverc’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Aiverc’s address for Notice, in which case your account with Aiverc shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action with Aiverc is found to be unenforceable in arbitration or if any part of this Section is found to be invalid or unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in this Section shall govern any action arising out of or related to the Agreements.
The Terms and any action related thereto will be governed and interpreted by and under the laws of Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
The communications between you and Aiverc use electronic means, whether you visit Aiverc or send Aiverc e-mails, or whether Aiverc posts notices on Aiverc.com or communicates with you via e-mail. For contractual purposes, you
Consent to receive electronic communications from Aiverc;
Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Aiverc provides to you electronically satisfy all necessary legal requirements.
The foregoing does not affect your statutory rights.
You hereby release Aiverc from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites or your use of Aiverc.com.
Aiverc may assign the Agreements or any part of them, and Aiverc may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Aiverc shall not be liable for any delay in services resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
If you believe that AIVERC has not adhered to the Terms, please contact AIVERC by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
You are responsible for providing Aiverc with your most current e-mail address. In the event that the e-mail address you provided to Aiverc is not valid, or for any reason is not capable of receiving notices required/ permitted by the Terms, Aiverc’s sending of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Aiverc at the following address: email@example.com.
SEVERABILITY & WAIVER
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Aiverc or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Aiverc’s or the applicable third party beneficiary’s right to do so.
You may not use, export, import, or transfer Aiverc products except as authorized by the laws of the jurisdiction in which you obtained said products, and any other applicable laws.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.