The following terms and conditions (the "Terms") apply to all purchases of OSHI Defender® ("Product") sold by OSHI Limited (“OSHI”) through this online store website (the "Site")."You" or "Your" refers to the individual who has placed an order to purchase the Product through the Site. Any policy or materials specifically referred to in these Terms are incorporated into the Terms by reference. Please read the Terms below carefully. By placing an order on the Site, You agree to abide by these Terms. These Terms do not affect any mandatory and/or statutory rights that You have as a consumer under applicable law.
1. Order and Acceptance.
A Product order submitted by You constitutes Your offer to OSHI to purchase the Product pursuant to these Terms and is subject to acceptance by OSHI. Any prices or Product referred to on the Site are subject to availability and do not constitute an offer by . After you place an order, OSHI may send you a communication confirming receipt of Your order and containing the details of Your order. You agree and understand that any such communication confirming receipt of Your order does not constitute acceptance of Your order by OSHI. OSHI’ acceptance of Your order becomes effective when OSHI dispatches the Product ordered by You and accepts Your payment.
2. Price and Payment Terms.
a. Prices payable for Product are those in effect at the time of Product dispatch, unless expressly agreed otherwise. Despite our efforts, occasionally an error in the price or description of a Product may be reflected on the Site. In such case, OSHI will contact you for instructions before dispatch where you have the option to cancel your order or proceed to place order based on revised price or description of a Product.
b. OSHI reserves the right to withdraw any discount and/or to revise any Product price on the Site at any time prior to acceptance of Your order. The final Product price will be reflected prior to your confirmation of Your order.
c. The places or countries that OSHI delivers Product to are as listed on the Site. Unless otherwise specified*, prices quoted on the Site are:
(i) Exclusive of the costs of shipping or handling to the place of delivery (charges for which are referenced on the Site); and
(ii) Exclusive of tax, VAT, or duty of any kind which (where applicable) must be added to the price payable.
(iii) You agree to pay VAT, taxes, shipping or handling for the Product as specified on the Site when You submit Your order.
d. Payment may only be made using any of the payment options specified on the Site.
e. Payment will be charged upon dispatch of the Product. OSHI reserves the right to verify credit or debit card payments prior to its acceptance of Your order.
f. For invoiced payments, each invoice will be due on and payable within the time period noted on Your invoice, measured from the date of the invoice. If at any time you fail to pay any amount due on the relevant due date, OSHI may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
g. No set-off or counterclaim may be deducted from any amount payable by You to OSHI without written consent of OSHI.
3. Delivery and Risk of Loss.
a. Delivery times and dates referenced on the Site or in any order communications from OSHI are estimates only, and OSHI is not liable in the event of a delivery delay.
b. OSHI may charge You for any extra costs arising from changes you make to Your delivery address after You submit an order.
c. Risk of loss of or damage to the Product passes to You upon delivery or when placed in your possession.
d. If You refuse or fail to take delivery of Product provided in accordance with these Terms, any risk of loss or damage to the Product shall nonetheless pass to You, without prejudice to any other rights or remedies OSHI may have, including:
(i) OSHI shall be entitled to immediate payment in full for the Product delivered and either to effect delivery by whatever means OSHI considers appropriate, or to store Product at your risk and expense;
(ii) You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of Your refusal or failure to take delivery; and
(iii) If You refuse or fail to take delivery for a period of 30 days, OSHI may dispose of the Product ordered by You at OSHI’ discretion.
Please review OSHI Return Policy, which applies to Product purchased from the Site.
6. Unauthorized Product and Brand Protection.
a. You may not alter, unbundle or break the Product down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a product key from the associated software and transferring the product key to a third party for any purposes.
b. All Product must only be obtained in the first instance from OSHI (or OSHI’ authorized partners, as applicable). If, in OSHI’ reasonable judgment, the original acquisition of a Product from OSHI (or OSHI’ authorized partners, as applicable) occurred using a fraudulently obtained credit card or any other unauthorized means, OSHI has no obligations to provide customer services or any support to You for the Product in question or to allow the subscription to continue.
c. OSHI reserves, in its sole discretion, the right to deactivate subscriptions to the Product which has been obtained through any unauthorized means.
7. Other Important Information.
a. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OSHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OSHI MAKES NO WARRANTIES THAT: (I) THE PRODUCT AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCT AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE PRODUCT AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCT PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCT AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCT AND/OR SITE WILL BE CORRECTED. OSHI DOES NOT WARRANT THIRD PARTY PRODUCT.
b. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL OSHI BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PURCHASE OF PRODUCT EVEN IF OSHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL OSHI’ LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT.
c. Proprietary Rights. OSHI retains ownership of all proprietary rights in the Product and/or the Site and in all trade names, trademarks and service marks associated or displayed with the Product. You will not remove, deface or obscure any of OSHI’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Product.
d. Force Majeure. OSHI shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond OSHI’ reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, OSHI may be excused from such performance to the extent it is delayed or prevented by such cause.
e. Export Regulation. You acknowledge that the Product and related technical data and services (collectively, "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where the Controlled Technology are imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All of the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Product for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.