Terms of service
Effective date: 19th November 2021
Welcome to Sonaskids! This Terms of Service (“Terms”, “Terms of Service”, “Term and Condition”) govern your use of our web pages located at www.sonoskids.com (“Service”, “Site”, “Website”, “we”, “our”, “us”)! owned and operated by Kindler Visual Arts (“Company”).
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. Please read it here https://www.sonoskids.com/privacy.
We provide the Services through our Website. By accessing the Services through the Website, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.
Your agreement with us includes these Terms, Cookie and Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.
We reserve the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
Thank you for being responsible.
1. ACCEPTANCE
1.1. By accessing the Website, you accept to be bound by these Terms in full and to comply with all applicable laws. Should you disagree with these Terms or any part thereof, you may not access the Website. As such your continued use of the Web and/or Services shall be deemed as your acceptance of these Terms.
2. ELIGIBILITY
2.1. You are at least 13 years of age.
2.2. You use the Website and Services according to these Terms and all applicable laws and regulations determined by the country of residence.
2.3. You agree and understand that we may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms.
3. USE OF WEBSITE
3.1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
3.2. When accessing the Website, you shall be prohibited from:
3.2.1. using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
3.2.2. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
3.2.3. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
3.2.4. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the our prior written consent;
3.2.5. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
3.2.6. attempting to access any area of the Website to which access is not authorised.
4. COMMUNICATIONS
4.1. You agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
4.2. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@sonaskids.com
5. REGISTRATION, LOGIN CREDENTIALS, SECURITY
5.1. In order to be able to make use of and access the Services, you shall register on the Website by providing Company with all required information which includes but is not limited to your full name, address and phone number. As such, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete. Each User account can be accessed by its holder via the Website (“Account”).
5.2. If you provide any information to Company that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, we may terminate your Account with us and refuse current or future use of any or all of the Services of Sonaskids.
5.3. When registering an Account, if you are registering with Company as a customer, you need to choose a password for unlimited login sessions (“Login Credentials”).
5.4. You hereby:
5.4.1. acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities that occur under your account;
5.4.2. agree to notify Company immediately of any unauthorized use of your account or of any other breach of security. Company shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by Company as a result of a third party using your Account or Login Credentials.
5.4.3. acknowledge and agree that you may not use anyone else's Account at any time, without the express permission of such account holder.
5.5. We keep your personal data safe and confidential as described in the Privacy Policy.
5.6. Customers shall be solely responsible for security of their account on the Website and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) made through your account.
5.7. By creating an Account on 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 at info@sonaskids.com.
6. ACCOUNTS
6.1. When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times.
6.2. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
6.3. You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer/mobile phone and/or account.
6.4. You agree to accept responsibility for any and all activities or actions that occur under your account.
6.5. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
6.6. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
6.7. By opening an Account, you expressly represent and warrant:
6.7.1. You have accepted these Terms of Use; and
6.7.2. You are at least 13 years of age and have the full capacity to accept these Terms of Use;
6.7.3. Have not previously been suspended or removed from our Site;
6.7.4. Have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
6.7.5. Use our Site with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
7. TERMINATION
7.1. We may terminate or suspend your account and access to Service 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.
7.2. If you wish to terminate your account, you may simply discontinue using Service.
7.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
7.4. You may terminate this Agreement with Sonaskids, and close your Account at any time, following settlement of any pending transactions.
7.5. Notwithstanding any other provision of this Agreement, User acknowledges and agrees that Sonaskids has the right to immediately terminate the User Account, and terminate access to the Service in the following cases:
7.5.1. there is any suspect or the fact of violation of this Agreement, Privacy Policy, or any applicable laws and regulations;
7.5.2. this User Account and activities of User became the subject to a criminal investigation or other pending administrative proceeding or litigation;
7.5.3. Sonaskids detected unusual and suspicious activity in the User Account;
7.5.4. in case of unauthorized access to the User Account;
7.5.5. Sonaskids was required to do so by a court order or the order of regulatory/government authority.
8. PURCHASES
8.1. If you wish to purchase any product made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.
8.2. By entering your payment information when requested, you authorize Sonaskids and its payment processors to charge and process the fees and charges assessed in connection with your Purchase.
8.3. We will not be liable for any fees or charges placed by third parties or any errors in the processing of payments, including errors arising out of such third party’s negligence, improper transmission of payment details or an error on the end of a User.
8.4. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
8.5. 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.
8.6. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product or service, error in your order or other reasons.
8.7. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
9. PROMOTIONS
9.1. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service.
9.2. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
9.3. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
10. PRODUCT, ORDER AND FORMATION OF CONTRACT
10.1. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
10.2. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including VAT and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”).
10.3. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decision of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
10.4. By making an Order, you expressly authorize us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit authorization, to conduct loss minimization and anti-fraud measures and to authorize individual purchase transactions.
10.5. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at info@sonaskids.com immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
10.6. When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgment and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
10.6.1. Unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
10.6.2. We suspect that you might on-sell our products to other consumers;
10.6.3. If we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
10.6.4. If there has been an error in the imagery, price or product description on the Site
10.6.5. If there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
10.7. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have canceled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
11. DELIVERY
11.1. We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
11.2. We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
11.3. We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners/services may contact you via SMS/email prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
11.4. By default, you provide the authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to us. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: charge you for our reasonable storage fees and other costs reasonably incurred by us; or
(ii) no longer make the product available for Delivery or collection and notify you that we are canceling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
11.5. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
11.6. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for the loss or destruction of the product.
11.7. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
12. CANCELATION
12.1. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
12.2. If you wish to cancel your Order, please email us at info@sonaskids.com. Once an Order has been processed it cannot be canceled and the item must instead be returned to us in accordance with the returns policy below.
13. PRICE AND PAYMENT
13.1. You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable charges based on the delivery options selected by you. All purchase prices include VAT (where applicable).
13.2. You must pay for the product by one of the methods set out on the Site. We accept payment via PayPal, credit card or such other method advised by us from time to time on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
13.3. If you make a payment by way of credit card, you warrant that the information provided to us is true, accurate and complete, that you are authorized to use the credit card to make the payment and that the payment will be honored by the card issuer.
14. SUBSCRIPTION
14.1. Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annually basis, depending on the type of subscription plan you select when purchasing a Subscription.
14.2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sonaskids cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Sonaskids customer support team.
14.3. A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Sonaskids with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Sonaskids to charge all Subscription fees incurred through your account to any such payment instruments.
14.4. Should automatic billing fail to occur for any reason, Sonaskids will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
15. FEE CHANGES
15.1. Sonaskids, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
15.2. Sonaskids will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
15.3. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
16. RETURNS AND REFUND POLICY
16.1. Our policy lasts 10 days in Switzerland. If 10 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
16.2. For all international Orders, this Return and Refund Policy does not apply. We do not issue refunds for Contracts on international orders. Also, this Return and Refund Policy does not apply for purchased online content but not limited to audiobooks, ebooks, video materials, audio files and other online content.
16.3. Requirements for Returns:
16.3.1. The product must keep its original packaging and original seal intact.
16.3.2. The product must be in perfect condition and with no apparent signs of being used.
16.3.3. The product must be correctly packed before return.
16.3.4. It is necessary that the product has not been used. Products where the packaging has adhered to stickers, price tags, adhesive paper, or similar. Will not be accepted.
16.4. Once we are received your returned item, and after checking the status of the item, we will process the refund taking into account the payment method and excluding cash purchases, which will be refunded by bank transfer. For any clarification about this, you can send us an email to info@sonaskids.com
16.5. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
16.6. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@sonaskids.com
16.7. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
17. INTELLECTUAL PROPERTY
17.1. Service and its original content features and functionality are and will remain the exclusive property of Sonaskids and its licensors.
17.2. Service is protected by copyright, trademark, and other laws of Switzerland.
17.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sonaskids.
17.4. All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Sonaskids.
17.5. Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Sonaskids immediately at: info@sonaskids.com
17.6. All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Company and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to the Company.
17.7. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without the Company’s prior written permission.
17.8. Any and all intellectual property rights in the Content, Services and the Company or otherwise developed by or on behalf of the Company, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and the Company or otherwise developed by or on behalf of the Company, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the Company, its licensors or suppliers, as the case may be, and all rights not expressly granted by the Company to you are reserved by the Company.
17.9. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the Company’s Intellectual Property.
17.10. You may not use the Company’s Intellectual Property in a manner which may (i) place the Company’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Company.
18. ERROR REPORTING AND FEEDBACK
18.1. You may provide us either directly at info@sonaskids.com 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 Service (“Feedback”).
18.2. 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) the Company 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) the Company is not under any obligation of confidentiality with respect to the Feedback.
18.3. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company 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.
18.4. We shall not be liable for any typo or any information being incorrect in this Agreement, in case you have discovered such type or mistake in wording of this Agreement you may inform us about such mistake directly at info@sonaskids.com
19. LINKS TO OTHER WEB SITES
19.1. Our Service may contain links to third party web sites or services that are not owned or controlled by Sonaskids.
19.2. Sonaskids 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.
19.3. YOU ACKNOWLEDGE AND AGREE THAT WE 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.
19.4. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
20. DISCLAIMER OF WARRANTY
20.1. THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY 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.
20.2. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY 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.
20.3. THE COMPANY 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.
20.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. LIMITATION OF LIABILITY
21.1. 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, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
22. GENERAL UNDERTAKING
22.1. When you use our Service you accept that you will not:
22.1.1. breach any applicable laws or regulations that apply;
22.1.2. breach any of the Terms;
22.1.3. post or take any threatening, abusive, defamatory, obscene, inappropriate action or post any indecent material, or material or action that is invasive of another’s privacy (including but not limited to other User and our employees);
22.1.4. share or otherwise upload or communicate any misleading or false information or messages of any kind;
22.1.5. use our Service to intentionally deceive other Users;
22.1.6. use our Service to stalk or otherwise harass another User;
22.1.7. use our Service if we have suspended or banned you from using it.
22.1.8. infringe the Intellectual Property Rights of any third-party;
22.1.9. distribute any viruses or any other technologies that may harm our Service or its Users
22.1.10. interfere with the property working of our Service
22.1.11. copy modify, or distribute any other person’s Content without their consent use any robot, spider, scraper or other automated means to access our Service and/or collect Content or data for any purpose;
22.1.12. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
22.1.13. copy, modify or distribute rights or Content or collect data from our Service, applications or tools or otherwise infringe our or User’s Intellectual Property Rights;
22.1.14. bypass, disable or attempt to disable any security measures used in connection with our Service;
22.1.15. collect any data (including personal data) from our Service other than in accordance with these Terms and applicable laws;
22.1.16. sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
22.1.17. write and post reviews that are anything other than true and accurate to the best of your knowledge; or
22.1.18. impersonate any person or misrepresent your affiliation with a person or entity.
23. ACCESS AND USE
23.1. You must only use the Service in accordance with these Terms and any applicable law.
23.2. You must not (or attempt to):
23.2.1. Interfere with or disrupt the Service or the server or networks that host the Site;
23.2.2. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
23.2.3. Interfere with security-related or other features of the Service.
23.3. We do not warrant that the Service will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Service.
23.4. You must not link to our Service or any part of our Service in a way that damages or takes advantage of our reputation, including but not limited to:
23.4.1. In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
23.4.2. In a way that is illegal or unfair.
24. PROHIBITED USES
24.1. You may use Service only for lawful purposes and in accordance with Terms.
24.2. You agree not to use Service:
24.2.1. In any way that violates any applicable national or international law or regulation.
24.2.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
24.2.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
24.2.4. To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity.
24.2.5. 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.
24.2.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the us or users of Service or expose them to liability.
24.3. Additionally, you agree not to:
24.3.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
24.3.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
24.3.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
24.3.4. Use any device, software, or routine that interferes with the proper working of Service.
24.3.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
24.3.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
24.3.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
24.3.8. Take any action that may damage or falsify our rating.
24.3.9. Otherwise attempt to interfere with the proper working of Service.
25. GOVERNING LAW
25.1. These Terms shall be governed and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions.
25.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
25.3. 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.
25.4. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
25.5. Each party irrevocably agrees that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
25.6. Notwithstanding the specified agreement on jurisdiction, you and the Company shall, if any dispute arises, attempt to settle it by mutual negotiations.
26. CHANGES TO SERVICE
26.1. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
26.2. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
26.3. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
27. AMENDMENTS TO TERMS
27.1. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
27.2. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
27.3. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
27.4. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
27.5. If you do not agree to the new terms, you are no longer authorized to use Service.
28. INDEMNITY
28.1. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.
29. WAIVER AND SEVERABILITY
29.1. No waiver by the Company 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 the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
29.2. 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.
30. ACKNOWLEDGEMENT
30.1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
31. CONTACT US
31.1. For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support: by email: info@sonaskids.com