TERMS OF SERVICE

Terms of Service

These terms and conditions of service (“Terms”, “Terms of Service”) govern your use of our website carbonjeans.com (the “Site”) operated by Qmart Co., Ltd (“Carbon”). Throughout the Site, the terms “we”, “our”, “us” refers to Carbon.

Our Privacy Policy also governs your use of our Site and explains how we collect, safeguard, and disclose information that results from your use of our Site. Our Privacy Policy are also assumed incorporated and considered a part of this Terms of Service by this reference.

Please carefully review our Terms of Service and Privacy Policy before using the Site. By accessing or using the Site, you agree to comply with all our Terms and Privacy Policy. Your use of this Site constitute that you acknowledge, accept, and agree to be bound by our Terms. If you do not agree with (or cannot comply with) being bound to these Terms, please do not use this Site.  

Eligibility of Use

This Site is intended only for access and use by individuals that are at least eighteen (18) years of age. By accessing or using this Site, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least at the age of eighteen (18), your parent or guardian must agree to be bound by our Terms on your behalf, and will be fully responsible for your use of and access to this Site, including financial responsibility for any items that are purchased through this site.  

Intellectual Property Rights

All materials, including, and without limitation to the trademark logos, photographs, images, designs, graphics, icons, texts, files, documents, audios, and videos, as well as the arrangement thereof (“Content”) within this Site is the exclusive intellectual property of Carbon owned by Carbon or its licensors, protected by the copyright, trademark, and other applicable laws. 

You are granted the limited access of solely viewing the Content of this Site. You may not distribute, modify, transmit, copy, download, use, repost, transfer, or create derivative works from any information, product, or Content acquired from this Site, whether in whole or in part, except for authorized purposes approved and granted by Carbon in writing. The use of said Content, information, or product in ways that are specified is strictly prohibited for commercial purposes or personal gain especially for the purposes competitive to Carbon.

All trademarks and logos on this Site are registered trademarks of Carbon, its licensors, or other third parties and are the property of their respective owners. Nothing on this Site should be inferred as granting of the right to use any intellectual properties on the Site.

Amendments to Terms and Service

We reserve the right to withdraw or amend our Site, and any service or Content we provide through our Site, in our sole discretion without notice. We will not be liable if for any reason all or part of this Site is unavailable at any time or for any period. We may update our Terms from time to time to which it is your responsibility to review these Terms periodically. Your continued use of the Site following the update of revised Terms constitute that you accept and agree to the changes. If at any time you do not agree to these Terms, promptly cease the use of this Site.

Product Information

We try our best to ensure the accuracy of our product information and pricing, however in rare circumstances, errors may occur due to reasons such that of a typographical error. In the circumstance that such event arises, please inform us so we proceed to correcting it. Carbon reserve the right to refuse or cancel orders placed for products or services listed with incorrect prices regardless of any circumstances. In case where your payment has been fulfilled, we shall issue a return to you. Furthermore, we strive with great effort to accurately display the colors of our product on this Site. However, due to unforeseen technical specification, system of your viewing platform, or your monitor display, the colors of the product shown may be affected. Hence, we cannot guarantee that your monitor display of our product colors will be accurate.

Purchases

If you wish to purchase any product or services made available through this Site (“Purchase”), you may be asked to provide certain information relevant to your Purchase including but not limited to your name, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. You represent and warrant that (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; (ii) the information you provide us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or services availability, errors in the description or price of the product or services, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

User Content and Account

When you display, upload, use, distribute, or submit any materials including but not limited to images, videos, texts, information, files, feedbacks, suggestions, concerning errors, or documents (“Your Submission”) on this Site, you guarantee that Your Submission is appropriate, reliable, original, legal, accurate, complete, timely, and rightfully own by you. You are responsible for Your Submission and may not display, upload, use, distribute, or submit any material on this Site that is unlawful, false, fraudulent, misleading, obsolete, obscene, offensive, invasive of privacy, or an infringement or violation of any party’s rights. You may not impersonate any person or entity, use a false email address or identification, mislead as to the origin of Your Submission, or contact other Site users though unsolicited email or any other forms of communication. You may not display, upload, use, distribute, or submit any material that may contain software viruses, harmful components, or any form of spams. Any materials that do not comply with the terms mentioned may result in the immediate termination of your account. Carbon and its affiliates assume no responsibility, liability, or obligation of confidentiality for any of Your Submission displayed, uploaded, used, distributed, or submitted by you or any third party.  We reserve the right to refuse service, cancel orders, terminate accounts, or remove Your Submission, in our sole discretion.

 

Any of Your Submission that is displayed, uploaded, used, distributed, or submitted on this Site, unless indicate otherwise, shall be deemed a nonexclusive, perpetual, irrevocable, royalty-free, unlimited, and sublicensable to use, reproduce, adapt, publish, distribute, modify, translate, create derivative works, and disclose in any and all media throughout the world for any purpose including, without limitation to improving, developing, manufacturing, or marketing of our Content, product, or services. You grant Carbon and its affiliates the right to use the name you submit in connection with Your Submission. All personal information on this Site will be handled according to our Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service provider. You must notify us immediately upon your awareness of any breach of security or unauthorized use of your account.

Third Party Links

This Site may contain links to other websites or services that are operated by third parties and is available for your convenience of accessing information that may be of use to you. Links contained on this Site should not be understood as an endorsement of such sites or services and we do not warrant the offerings of any entities, individuals, or their websites. We assume no responsibility for the content, practices, policies, or products offered by any third-party websites or services. Different terms may apply to your use of those sites and we advise you to read the terms, conditions, or any policies relevant to your use. You acknowledge and agree that Carbon is not responsible or liable, directly or indirectly, for any damage, loss, or other liabilities that occur as a result of your use of any third-party sites.

Prohibited Use and Restrictions

You may not use this Site in any way that violates any applicable national or international law or regulation including, without limitation, (i) to the purpose of exploiting, harming, or attempting to exploit or harm others in any way by exposing them to inappropriate content or otherwise; (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (iii) to impersonate or attempt to impersonate Carbon, Carbon affiliates, another user, or any other person or entity; (iv) in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (v) to engage in any other conduct that restricts or inhibits anyone’s use of this Site, or which, as determined by us, may harm or offend Carbon or users of this Site or expose them to liability.

Additionally, you agree not to (i) use this Site in any manner that could disable, overburden, damage, or impair the Site, Site’s security, or interfere with any other party’s use of Site, including, without limitation to their ability to engage with Site; (ii) use any software, engine, tool, agent, mechanism, other automatic device or process, manual process, or means to access Site for any purpose, including, without limitation to monitoring, copying any of the material on Site, introducing malicious viruses or technologically harmful materials, or performing other unauthorized action; (iii) use or attempt to use any device, software, hardware, engine, tool, agent, routine, mechanism, or any other means to interfere with proper working of Site, to obstruct any system of Site, to withdraw data or information from Site, or to navigate or search this Site other than search engines or agents provided by Carbon or other available third party web browsers such as Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome; (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Site, including, without limitation to the server on which Site is stored, or any server, computer, or database connected to Site; (vi) violate or attempt to violate the security of Site, including, without limitation to probe, scan, or test the system or network vulnerability, or to breach security or measures of authentication; (vii) take any action that may damage or falsify Carbon or otherwise attempt to interfere with any operation of Site.

Disclaimer of Warranties

This Site is provided on an “as is” and “as available” basis. We make no representation or warranties of any kind express or implied, including, without limitation as to the operation of the Site, or the information, Content, or materials included therein. You agree that your use of the Site is at your sole risk. Neither Carbon nor any person associated with Carbon makes any warranty or representation with respect to the completeness, accuracy, security, and availability of the Site. Without limiting the foregoing, neither Carbon nor anyone associated with Carbon represents or warrants that the Site, Content, or any services provided will be error-free, uninterrupted, complete, accurate, current, secured, that defects will be corrected, that services or the server that makes it available will be virus-free.

Carbon hereby disclaims all warranties or any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, fitness for particular purpose. You agree that you are solely responsible for your use of this Site and that Carbon shall not be liable for damage or loss arising directly or indirectly from any of your conduct. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Carbon, its affiliates, officers, directors, and employees shall not be held responsible or liable for any direct, indirect, consequential, incidental, punitive, special, exemplary, or any other damages arising out of or in any way related to your use of this Site whether such liabilities are based on contract, tort, or otherwise, or whether or not advised of the possible damages.

Indemnification

You agree to defend, indemnify, and to the fullest extent hold harmless Carbon, its affiliates, agents, licensors, contractors, officers, directors, employees, and service provider from and against any and all liabilities, damages, costs, claims, obligations, losses, and expenses resulting or arising from any way related to your use of this Site and any breach or violation of this Terms of Service. If you cause a technical disruption of the Site or any system related to Site, you agree to be responsible for any and all liabilities, damages, costs, claims, and expenses resulting or arising from the disruption.

Severability

If any provision of Terms is held to be invalid, unlawful, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Governing Law

This Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the state and federal courts situated in Bangkok, Thailand for the resolution of any disputes.

Agreement

The policies, condition, or governing rules listed on this Site (both Terms of Service and Privacy Policy) constitute the entire agreement between you and Carbon, and supersede all prior agreements, understandings, or proposal, whether communicated through verbal or writing. Your agreement with us includes this Terms of Service and our Privacy Policy. By using this Site, you acknowledge that you have read and understood this Terms of Service and our Privacy Policy and agree to be bound by them.

Contact

Should there be questions or requests regarding this Terms of Service or our Privacy Policy, please kindly contact us at carbonchallenger@gmail.com

16/2/2021