TERMS AND CONDITIONS
Last updated: 2021-01-01
Welcome to AK DISTRIBUTION!
These Terms of Service govern your use of our
website located at aktrinidad.com operated
by AK DISTRIBUTION.
Our Privacy Policy
also governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages.
Your agreement with AK
DISTRIBUTION includes these Terms and our Privacy Policy. You acknowledge that
you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the website, however please let us know
by emailing at [email protected] so
we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use this website.
·
Communications
By using our Service, you agree to subscribe
to newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing us
at [email protected].
·
Purchases
If you wish to
purchase any product made available through our website, you may be asked to
supply certain information relevant to your Purchase including but not limited
to, name, contact number, email address, your billing address, and your
shipping information.
We may employ the use
of third party services for the purpose of facilitating delivery for 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 service availability, errors in the description or price
of the product or service, error in your order, security reasons, high crime
areas, or other reasons.
We reserve the right
to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
·
Contests,
Giveaways and Promotions
Any contests,
giveaways or other promotions made available through our website may be
governed by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of
Service, Promotion rules will apply.
·
Refunds
We issue refunds for purchases within 7 days of the original purchase of the order.
E.g. Product A order was placed and confirmed on Monday 4th January
at 8:00am, the consumer my request refund between Monday 4th January
8:01am till Monday 11th January 8:01am
·
Content
Content found on or through this website is
the property of AK DISTRIBUTION or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial purposes
or for personal gain, without express advance written permission from us. For
consent, feel free to contact us at [email protected]
·
Prohibited
Uses
You may use website
only for lawful purposes and in accordance with Terms. You agree not to use aktrinidad.com:
·
In any way that violates any applicable
national or international law or regulation.
·
For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
·
To transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation.
·
To impersonate or attempt to impersonate AK
DISTRIBUTION, an AK DISTRIBUTION employee, another user, or any other person or
entity.
·
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.
·
To engage in any other conduct that restricts
or inhibits anyone’s use or enjoyment of the website, or which, as determined
by us, may harm or offend Company or users of the website or expose them to
liability.
Additionally, you
agree not to:
·
Use the website in any manner that could
disable, overburden, damage, or impair the website or interfere with any other
party’s use of the website, including their ability to engage in real time
activities through the website.
·
Use any robot, spider, or other automatic
device, process, or means to access the website for any purpose, including monitoring
or copying any of the material on the website
·
Use any manual process to monitor or copy any
of the material on the website or for any other unauthorized purpose without
our prior written consent.
·
Use any device, software, or routine that
interferes with the proper working of the website
·
Introduce any viruses, trojan horses, worms,
logic bombs, or other material which is malicious or technologically harmful.
·
Attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of the website, the server on
which the website is stored, or any server, computer, or database connected to
the website.
·
Attack the website via a denial-of-service
attack or a distributed denial-of-service attack.
·
Take any action that may damage or falsify AK
DISTRIBUTION rating.
·
Otherwise attempt to interfere with the proper
working of the website.
·
Analytics
We may use third-party
Service Providers to monitor and analyze the use of our website.
·
No
Use By Minors
aktrinidad.com is intended only for access and use by
individuals at least eighteen (18) years old. By accessing or using the website,
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
eighteen (18) years old, you are prohibited from both the access and usage of
this website without parent/guardian supervision.
·
Accounts
When you create an
account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on the website.
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 website
or a third-party service. You must notify us immediately upon becoming aware of
any breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion.
·
Intellectual
Property
Service and its original content (excluding
Content provided by users), features and functionality are and will remain the
exclusive property of AK DISTRIBUTION and
its licensors. The website is protected by copyright, trademark, and other laws
of and foreign countries. Our trademarks may not be used in connection
with any product or service without the prior written consent of AK DISTRIBUTION. For consent, feel free to contact us at [email protected]
·
Copyright
Policy
We respect the
intellectual property rights of others. It is our policy to respond to any claim
that Content posted on the website infringes on the copyright or other
intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on
behalf of one, and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement, please submit your claim via email
to [email protected] , with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged
Infringement COPYRIGHT ACT CHAPTER 82:80 Act 8 of 1997 Amended by 18 of 2000 5
of 2008
·
COPYRIGHT
Act Chapter 82:80 Notice and Procedure for Copyright Infringement Claims
You may submit a
notification pursuant to the COPYRIGHT ACT CHAPTER 82:80 Act 8 of 1997 Amended
by 18 of 2000 5 of 2008 of Trinidad and Tobago by providing our Copyright Agent
with the following information in writing.
·
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright’s interest;
·
a description of the copyrighted work that you
claim has been infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work;
·
identification of the URL or other specific
location on Service where the material that you claim is infringing is located;
·
your address, telephone number, and email
address;
·
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
·
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 authorized to act on the copyright owner’s behalf.
Please note that all legal matters are to be
dealt with through the Jurisdiction of the Republic of Trinidad and Tobago.
You can contact our Copyright Agent via email
at [email protected].
·
Applicable Law
Any sales by AK DISTRIBUTION as well as
disclaimers, terms, and conditions, shall be governed by the laws of the
Republic of Trinidad and Tobago, without giving effect to any principles of
conflicts of laws. The customer consents to the Jurisdiction of the Republic of
Trinidad and Tobago for purposes of any suit, action or preceding arising out
of any sale.
·
Disputes
Any dispute relating in any way to your visit
to the website or to the products you purchase through the website shall be
submitted to confidential arbitration in Trinidad & Tobago, except that to
the extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate
relief in any court in Trinidad and Tobago. You hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non convenience with
respect to venue and jurisdiction in the courts of Trinidad and Tobago.
Arbitration under these Terms of Use shall be conducted pursuant to the
Commercial Arbitration Rules then prevailing. The arbitrator's award shall be
final and binding and may be entered as a judgement in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class action proceedings or
otherwise. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of, related to or connected with the use
of the website or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever banned.
·
Error
Reporting and Feedback
You may provide us either directly at [email protected] or via third party sites
and tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
website. You acknowledge and agree that: (i) you shall not retain, acquire or
assert any intellectual property right or other right, title or interest in or
to the Feedback; (ii) AK DISTRIBUTION may have development ideas similar to the
Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) AK DISTRIBUTION
is not under any obligation of confidentiality with respect to the Feedback. In
the event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant AK DISTRIBUTION and its affiliates an
exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited
and perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
·
Links
To Other Web Sites
Our website may contain links to third party
web sites or services that are not owned or controlled by AK DISTRIBUTION.
AK DISTRIBUTION has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
YOU ACKNOWLEDGE AND
AGREE THAT AK DISTRIBUTION SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF
SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU
VISIT.
·
Disclaimer
Of Warranty
THESE SERVICES ARE
PROVIDED BY AK DISTRIBUTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. AK
DISTRIBUTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE
SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR
SOLE RISK.
NEITHER AK
DISTRIBUTION NOR ANY PERSON ASSOCIATED WITH AK DISTRIBUTION MAKES ANY WARRANTY
OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER AK DISTRIBUTION NOR ANYONE ASSOCIATED WITH AK DISTRIBUTION REPRESENTS
OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
AK DISTRIBUTION HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
·
Limitation
Of Liability
EXCEPT AS PROHIBITED
BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER
OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY
OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF
ANY LAWS, STATUTES, RULES, OR REGULATIONS, IN THE
JURISDICATION OF THE REPUBLIC OF TRINIDAD AND TOBAGO EVEN IF AK
DISTRIBUTION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT
AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF AK
DISTRIBUTION, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS.
·
Termination
We may terminate or
suspend your account and bar access to the website immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to
terminate your account, you may simply email us at [email protected].
All provisions of
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
·
Governing
Law
These Terms shall be governed and construed in
accordance with the laws of the Jurisdiction of the Republic of Trinidad
and Tobago which governing law applies to agreement without regard to its
conflict of law provisions.
Our failure to enforce
any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our website and
supersede and replace any prior agreements we might have had between us
regarding the website.
·
Changes
To Service
We reserve the right to
withdraw or amend our website, and any service or material we provide via the
website, in our sole discretion without notice. We will not be liable if for
any reason all or any part of the website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of website, or
the entire website, to users, including registered users.
·
Amendments
To Terms
We may amend Terms at
any time by posting the amended terms on this site. It is your responsibility
to review these Terms periodically.
Your continued use of
the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to
access or use our website after any revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the website.
·
Waiver
And Severability
No waiver by AK
DISTRIBUTION of any term or condition set forth in Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of AK DISTRIBUTION to assert a right or
provision under Terms shall not constitute a waiver of such right or provision.
If any provision of
Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal 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.
·
Acknowledgement
BY USING
AKTRINIDAD.COM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests
for technical support by email: [email protected].