Terms of service

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Onda. Throughout the site, the terms “we”, “us”, and “our” refer to Onda.

Onda provides this website, including all information, tools, products, and services available through the site, subject to your acceptance of all terms, conditions, policies, and notices stated herein. By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or made available by hyperlink.

These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content. Please read these Terms carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained herein, you may not access the website or use any services.

Where these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features, tools, products, or services added to the store shall also be subject to these Terms.

The most current version of the Terms will always be available on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes to our website.

It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or country of residence. If you are the age of majority and permit a minor dependent to use this site, you accept responsibility for their use of the site and their compliance with these Terms.

You may not use our products or services for any unlawful or unauthorized purpose. In using the Service, you agree to comply with all applicable laws and regulations, including, but not limited to, copyright and intellectual property laws.

You must not upload, transmit, distribute, or otherwise introduce any viruses, malware, worms, or other harmful or destructive code through the Service. Any breach or violation of these Terms may result in the immediate suspension or termination of your account and access to the Service, without prior notice.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to any person or entity for any reason at any time, to the extent permitted by applicable law. You acknowledge that your content (excluding payment card information) may be transferred unencrypted and may involve: (a) transmissions across various networks; and (b) modifications made to conform and adapt to the technical requirements of connecting networks, devices, or systems.

Payment card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit any portion of the Service, your use of the Service, access to the Service, or any contact information made available through the website, without our prior written consent.

The headings used in these Terms are included for convenience only and shall not affect the interpretation, construction, or enforcement of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not guarantee that the information made available on this site is accurate, complete, current, or free from errors. The content provided on this site is for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.

Any reliance on the information provided on this site is at your own risk. This site may contain historical information.

Such information is provided for reference purposes only and may not be current. We reserve the right to modify, update, or remove content from this site at any time without prior notice.

However, we are under no obligation to update any information contained on the site. You acknowledge and agree that it is your responsibility to monitor changes to our website and to review any updates to the information provided herein.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify, suspend, discontinue, or otherwise alter the Service (or any part of its content or functionality) at any time and without prior notice.

To the fullest extent permitted by applicable law, we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

Please refer to our Returns Policy for further information. We make every reasonable effort to display the colours, images, and descriptions of our products as accurately as possible.

However, we cannot guarantee that your device’s display will accurately reflect the actual colours of the products. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction, where permitted by law.

We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.

All product descriptions, availability information, and pricing are subject to change at any time without prior notice. We reserve the right to discontinue any product or service at any time.

Any offer made on this website is void where prohibited by law. We do not guarantee that products, services, information, or other materials obtained through the Service will meet your individual expectations.

However, nothing in these Terms excludes or limits any statutory rights or consumer protections available to you under applicable law. We also do not guarantee that any errors in the Service will be identified or corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order placed with us at our sole discretion. Restrictions may apply on a per-person, per-household, or per-order basis and may include orders associated with the same customer account, payment method, billing address, or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, telephone number, or billing information provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors, or other parties purchasing products for unauthorised commercial resale.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store. You further agree to promptly update your account information, including your email address, billing details, and payment information, so that we may complete your transactions and contact you when necessary.

For further information regarding returns, exchanges, and refunds, please refer to our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools, services, or resources over which we have no control, monitoring, or input. You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, without any warranties, representations, conditions, or endorsements of any kind, whether express or implied.

To the fullest extent permitted by applicable law, we shall not be liable for any loss, damage, or claim arising from or relating to your use of any third-party tools. Your use of any optional third-party tools made available through the website is entirely at your own risk and discretion.

You are responsible for reviewing and agreeing to the terms, conditions, and policies of the relevant third-party providers before using such tools. We may, from time to time, introduce new services, features, tools, products, or resources through the website.

Any such additions shall be subject to these Terms of Service unless otherwise stated.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, services, and resources available through our Service may include materials provided by third parties. Links on this website may direct you to third-party websites or services that are not owned, operated, or controlled by us.

We are not responsible for examining or evaluating the content, accuracy, legality, or practices of any third-party websites and do not warrant or assume any liability for any third-party materials, products, services, or websites. We shall not be liable for any loss, damage, or claim arising from your use of, or reliance upon, any third-party website, product, service, resource, or content.

Before engaging in any transaction with a third party, you should carefully review their terms, conditions, and policies. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit comments, feedback, suggestions, ideas, proposals, reviews, or other materials to us, whether requested by us or provided voluntarily, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, publish, translate, distribute, and display such submissions in any media. We are under no obligation to:

(1) maintain any submission in confidence;
(2) provide compensation for any submission; or
(3) respond to any submission. We reserve the right, but are not obligated, to monitor, edit, remove, or refuse any content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable, or that violates these Terms or any applicable law. You agree that any content submitted by you will not infringe the rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights. You further agree that your submissions will not contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious content, including viruses, malware, or other harmful code. You may not use a false email address, impersonate another person, or otherwise mislead us or others regarding the origin of any submission. You are solely responsible for the content and accuracy of any submissions you provide. We assume no responsibility or liability for any content submitted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

The collection, use, storage, and protection of your personal information are governed by our Privacy Policy. By using our website and services, you acknowledge that you have read and understood our Privacy Policy.

For further information, please review our Privacy Policy at: [INSERT PRIVACY POLICY LINK].

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other matters. We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information on the website or within the Service is inaccurate, at any time and without prior notice, including after an order has been submitted.

Except where required by applicable law, we undertake no obligation to update, amend, or clarify information contained within the Service or on our website. The absence of a specified update date should not be interpreted as indicating that all information has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to any other restrictions contained within these Terms, you agree not to use the website, Service, or any content:

(a) for any unlawful purpose;
(b) to encourage or facilitate unlawful activity;
(c) to violate any applicable laws, regulations, or legal requirements;
(d) to infringe the intellectual property rights of us or any third party;
(e) to harass, abuse, threaten, intimidate, defame, discriminate against, or otherwise harm any person;
(f) to submit false, inaccurate, or misleading information;
(g) to upload, transmit, or distribute viruses, malware, or other harmful code;
(h) to collect, store, or process personal information belonging to others without lawful authority;
(i) to engage in spam, phishing, scraping, crawling, or other unauthorised data collection activities;
(j) for any obscene, fraudulent, or immoral purpose; or
(k) to interfere with, disrupt, or circumvent the security or operation of the website, Service, or any related systems.

We reserve the right to suspend or terminate access to the Service where we reasonably believe that these Terms have been violated.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, secure, timely, or error-free, nor do we guarantee that any information obtained through the Service will always be accurate, complete, or reliable. From time to time, we may suspend, modify, or discontinue all or part of the Service without prior notice.

To the fullest extent permitted by applicable law, the Service and all products, content, and materials made available through it are provided on an “as is” and “as available” basis, except where expressly stated otherwise. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights available to consumers.

Subject to the foregoing, Onda shall not be liable for any indirect, incidental, consequential, special, or punitive loss or damage arising from your use of, or inability to use, the Service, except where such limitation is prohibited by law. Where liability cannot be excluded but may be limited by law, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Onda, its affiliates, partners, directors, officers, employees, agents, contractors, licensors, service providers, suppliers, and subcontractors from and against any claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

(a) your breach of these Terms;
(b) your violation of any applicable law or regulation; or
(c) your infringement of the rights of any third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court or other competent authority, that provision shall be deemed severed from these Terms to the extent necessary. The remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 16 – TERMINATION

Any obligations and liabilities incurred by either party prior to termination shall survive the termination of these Terms for all purposes. These Terms shall remain in effect unless and until terminated by either you or us.

You may terminate these Terms at any time by discontinuing use of the website and Services and notifying us where appropriate. We reserve the right to suspend or terminate your access to the Service immediately, without notice, if we reasonably believe that you have breached these Terms or engaged in conduct that may harm the Service, our business, or other users.

Upon termination, any amounts owed to us up to the date of termination shall remain payable.

SECTION 17 – ENTIRE AGREEMENT

These Terms, together with any policies, notices, or operating rules published on our website, constitute the entire agreement between you and Onda regarding your use of the Service and supersede all prior agreements, communications, and understandings, whether written or oral. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguity in the interpretation of these Terms shall not be interpreted against either party solely because that party drafted the provision.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements through which we provide products or services shall be governed by and construed in accordance with the laws of England and Wales. Nothing in these Terms affects any mandatory rights or protections available to consumers under applicable law.

SECTION 19 – CHANGES TO TERMS OF SERVICE

The most current version of these Terms of Service will always be available on this page. We reserve the right to update, modify, or replace any part of these Terms of Service at any time by posting changes to our website.

Where required by applicable law, we will provide notice of material changes. It is your responsibility to review these Terms periodically.

Your continued use of, or access to, our website or Services following the publication of any changes constitutes your acceptance of those changes.

SECTION 20 – SMS MARKETING

By opting in to receive SMS marketing communications from Onda, whether during checkout, through a subscription form, or by any other consent mechanism provided by us, you agree to receive recurring text messages from us. These messages may include order updates, abandoned cart reminders, promotional offers, review requests, and other transactional or marketing communications.

Message frequency may vary. Consent to receive SMS marketing messages is not a condition of any purchase.

You may opt out of receiving SMS marketing communications at any time by replying STOP to any message received from us or by using any unsubscribe method provided within the message. Once your opt-out request has been processed, you will no longer receive SMS marketing messages, although you may continue to receive transactional messages relating to existing orders where permitted by law.

We do not charge for sending SMS messages; however, your mobile network operator may apply message and data charges. You are solely responsible for any such charges.

For assistance, reply HELP to any SMS message received from us or contact us using the details provided on our website. We reserve the right to modify or discontinue our SMS marketing service at any time.

Where reasonably practicable, we will provide notice of any material changes. To the fullest extent permitted by applicable law, we shall not be liable for any delayed, failed, misdirected, or undelivered messages, or for any actions taken or not taken in reliance on information contained within such messages.