Terms of Sale

These Terms of Sale apply when you purchase services, devices and/or accessories (collectively, “Products”) from KATEC Kuwait Safat. (“we” or “us”). The Products may include “Third Party Products,” which are services, devices and/or accessories that we are reselling or selling on behalf of a third party manufacturer, provider, or seller (“Third Party”).

By placing an order, you agree to these Terms of Sale and any other terms and conditions referenced below. Please read these Terms of Sale carefully, including the mandatory arbitration provision and class action waiver in the Dispute Resolution and Arbitration section below, which requires you to resolve Disputes (as defined below) with us on an individual basis and through final binding arbitration. If you do not agree to these Terms, do not place an order.

These Terms of Sale do not alter in any way the terms or conditions of any other agreement you may have with us.

Authority to Purchase Products

You must be at least 18 years of age (or the age of legal majority where you reside) to purchase a Product from us. By making a purchase, you represent and warrant that you have the right, authority, and capacity to enter into this agreement with us. If you are purchasing a Product on behalf of another person or entity, you further represent and warrant that you are authorized to accept these Terms of Sale on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you violate the terms and conditions herein.

Product & Usage Terms

When you use our Products, your use is subject to the applicable terms and conditions for those Products, including our Product Terms of Use and Limited Warranty. When you use Third Party Products, your use is subject to (and you agree to comply with) the applicable terms and conditions offered by the Third Party, including any terms of use, license agreements, or warranty.

Except for Third Party Products, instructions for the use of your Product can be found on our website www.dev.iwebcontent.com Please carefully read these instructions before using your Product. You agree to comply with any software license agreements or end-user license agreements applicable to your use of software on the Product. KATEC Kuwait Safat may issue software updates that you will need to install for the applications or services on your Product. Installation and use of the software updates may require your consent to additional license agreements or terms.

Privacy

Please see our privacy policy page for information about how we collect, use and disclose information about you.

Orders and Payment

When you place an order for a Product through our online store, you authorize us (or our payment processor) to charge the credit card, debit card, or other payment method you have chosen for the total amount of your order, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

After we receive your order, we will send you an email confirming your order information. This email confirmation does not mean that we have accepted your order, nor is it an offer to sell. If we cancel an order after you have been billed, we will refund the billed amount. All Products offered for sale are subject to availability, and we reserve the right to impose quantity limits on any order and to reject all or part of any order.

Pricing and Taxes

All prices are shown in U.S. dollars and do not include applicable taxes and other charges, unless we state otherwise. The purchase price of a Product may fluctuate with exchange rates if you are paying for your order with an international credit card. For international payments, foreign conversion charges and fees may be charged by your bank or credit card issuer. Please contact your bank or credit card issuer if you desire more information about these charges.

All prices displayed are subject to change any time. If we reduce the price of a Product within fifteen (15) calendar days from the date you purchased the Product, you may request a refund or credit of the difference between the price you were charged and the current selling price. You must contact us about your request within fifteen (15) days of the price change. This price protection is not available for limited-time price reductions, and we reserve the right to determine what constitutes a limited-time price reduction in our sole discretion.

You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of the Products. For international orders, you may be charged duties, other taxes, and customs brokerage fees for the importation of the Product to its destination. When we have a duty to collect applicable taxes, we will present an estimate of such taxes to be collected at checkout. The actual taxes charged and collected may differ from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. Please note that we do not collect taxes on Products shipped to jurisdictions in which we do not have a substantial nexus.

Shipping & Delivery

You agree to pay any shipping and handling charges shown to you at the time you make a purchase. These charges are subject to change at any time. The actual delivery of your order may be affected by events beyond our control. We are not liable for deliveries past our projected delivery date, but we will work with you in an effort to ensure a satisfactory delivery. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location.

Returns and Refunds

We accept returns for physical Products purchased directly from us if (a) they are returned in a like-new condition within fifteen (15) days of the date you received the Product and (b) the security features that help protect the Product against loss or theft are not activated. We will exchange the Product or refund your original payment method, less any applicable restocking fee.

If you purchase a Product from a third-party seller, your purchase will be governed by the terms and policies of that third party. We do not accept returns or issue refunds for such Products.

Third-Party Services and Accessories

You acknowledge that unless we specifically provide otherwise, our Products do not come with a cellular data, wireless service, or Internet connectivity plan. You are solely responsible for obtaining access to the phone network or Internet through a provider whose service is compatible with our Product. Check with your wireless carrier for compatibility and mobile data plan availability. You are also responsible for your wireless service agreement and for fees associated with your wireless account. KATEC Kuwait Safat is not a wireless carrier, and returning your Product to us will not cancel or reset your wireless service account. Contact your wireless service provider for more information.

You further understand that our Products may only be compatible with certain hardware accessories manufactured by third parties. We make no warranty with respect to such third-party accessories or their compatibility with our Products.

Some Products use the Android™ operating system. In order to make use of any enhanced functionality of your Product, you may have to sign in to your Google account or open a Google account if you do not yet have one.

No Resale

We reserve the right to refuse or cancel an order if we suspect or determine that you are purchasing Products for resale.

Import and Export

Products are subject to import and export laws and regulations in the United States and elsewhere. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these laws and regulations. These laws include restrictions on destinations, users, and end use.

Limited Warranty

The Limited Warranty for Products provided by KATEC Kuwait Safat is available on our Warranty Page. Please read the Limited Warranty before purchasing or using any Product. For Third Party Products, please refer to the warranty policy provided by the Third Party.

Indemnification

You agree to indemnify, defend (at KATEC Kuwait Safat’s request), and hold harmless KATEC Kuwait Safat and our affiliates, subsidiaries, agents, partners, licensors, suppliers, and assigns, and our and their directors, officers, employees, consultants, and other representatives (together with KATEC Kuwait Safat) from and against all third-party claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys’ fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to (a) the purchase and sale of the Products or (b) these Terms of Sale or any other applicable terms, policies, warnings or instructions provided by us or a third party in relation to the Products.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) will the KATEC Kuwait Safat Parties be liable to you or to any other person for any damages, costs, or liabilities arising from or related to the purchase and sale of any Product or these Terms of Sale or any other applicable terms, policies, warnings, or instructions provided by us or a third party in relation to the Products, including, without limitation, any indirect, incidental, consequential, or special damages, (including, but not limited to, damages for expenses or business interruption, property damage, attorneys’ fees, or loss of use, data, revenue, income, profits, or value of assets or securities), even if an KATEC Kuwait Safat Party has been advised of the possibility of such damages. To the fullest extent allowed by applicable law, in no event will the aggregate liability of the KATEC Kuwait Safat Parties arising out of or relating to the purchase and sale of a Product exceed the amount you paid us for such Product. The limitations of liability set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by the Products you purchase from us or for our fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.

Governing Law and Jurisdiction

The United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), applies to the agreement to arbitrate to the maximum extent allowable. Except as preempted by FAA, the laws of the State of Ohio, without reference to its choice of laws principles, will govern these Terms of Sale. With the exception of Disputes in small claims court or in arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Ohio, for any claims arising out of a Dispute relating to these Terms.

Dispute Resolution and Arbitration

Please read the following section carefully because it requires you to submit to binding arbitration (and jury trial waiver) of any and all Disputes (other than specified intellectual property claims and small claims) with KATEC Kuwait Safat and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under these Terms.