Terms of Service
TERMS OF SERVICE
OVERVIEW
This website is operated by The Cosmic Dolphins SA. Throughout the site, the terms “we”, “us” and “our” refer to The Cosmic Dolphins SA. The Cosmic Dolphins SA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.The Cosmic Dolphins corporation SA is the legal representative of this privacy policy, inaccordance with the European Union’s GDPR.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree tobe bound by the following terms and conditions (“Terms of Service”, “Terms”), including thoseadditional terms and conditions and policies referenced herein and/or available by hyperlink. TheseTerms of Service apply to all users of the site, including without limitation users who are browsers,vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing orusing any part of the site, you agree to be bound by these Terms of Service. If you do not agree toall the terms and conditions of this agreement, then you may not access the website or use anyservices. If these Terms of Service are considered an offer, acceptance is expressly limited to theseTerms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms ofService. You can review the most current version of the Terms of Service at any time on this page.We reserve the right to update, change or replace any part of these Terms of Service by postingupdates and/or changes to our website. It is your responsibility to check this page periodically forchanges. Your continued use of or access to the website following the posting of any changesconstitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform thatallows us to sell our products and services to you.
SECTION 1 – THE COSMIC DOLPHINS CORPORATION SA PRODUCTS TERMSYou agree that The Cosmic Dolphins SA is not designed to hide illegal activities and that you willnot use the The Cosmic Dolphins SA products for any illegal activities in your legal jurisdiction. Wereserve the right to disable the private mesh network for sites containing illegal information ormaterial at our own discretion and without notice.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from usingthis website or its content: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual propertyrights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race,age, national origin, or disability; (f) to submit false or misleading information; (g) to upload ortransmit viruses or any other type of malicious code that will or may be used in any way that willaffect the functionality or operation of the Service or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext,spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with orcircumvent the security features of the Service or any related website, other websites, or theInternet.We reserve the right to terminate your use of the Service or any related website for violating any ofthe prohibited uses.
SECTION 2 – ONLINE STORE TERMSBy agreeing to these Terms of Service, you represent that you are at least the age of majority in yourstate or province of residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minor dependents to use thissite.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of theService, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b) changes to conform andadapt to technical requirements of connecting networks or devices. Credit card information isalways encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use ofthe Service, or access to the Service or any contact on the website through which the service isprovided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit orotherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete orcurrent. The material on this site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary, more accurate,more complete or more timely sources of information. Any reliance on the material on this site is atyour own risk.This site may contain certain historical information. Historical information, necessarily, is notcurrent and is provided for your reference only. We reserve the right to modify the contents of thissite at any time, but we have no obligation to update any information on our site. You agree that it isyour responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or contentthereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension ordiscontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES (if applicable)Certain products or services may be available exclusively online through the website. Theseproducts or services may have limited quantities and are subject to return or exchange onlyaccording to our Return Policy.We have made every effort to display as accurately as possible the colors and images of ourproducts that appear at the store. We cannot guarantee that your computer monitor’s display of anycolor will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to anyperson, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Wereserve the right to limit the quantities of any products or services that we offer. All descriptions ofproducts or product pricing are subject to change at anytime without notice, at the sole discretion ofus. We reserve the right to discontinue any product at any time. Any offer for any product or servicemade on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will becorrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit orcancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that usethe same billing and/or shipping address. In the event that we make a change to or cancel an order,we may attempt to notify you by contacting the e-mail and/or billing address/phone numberprovided at the time the order was made. We reserve the right to limit or prohibit orders that, in oursole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for allpurchases made at our store. You agree to promptly update your account and other information,including your email address and credit card numbers and expiration dates, so that we can completeyour transactions and contact you as needed.For more detail, please review our Returns Policy.
SECTION 8 – OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have anycontrol nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” withoutany warranties, representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk and discretionand you should ensure that you are familiar with and approve of the terms on which tools areprovided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, therelease of new tools and resources). Such new features and/or services shall also be subject to theseTerms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrantand will not have any liability or responsibility for any third-party materials or websites, or for anyother materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services,resources, content, or any other transactions made in connection with any third-party websites.Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for example contest entries) or without arequest from us you send creative ideas, suggestions, proposals, plans, or other materials, whetheronline, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, atany time, without restriction, edit, copy, publish, distribute, translate and otherwise use in anymedium any comments that you forward to us. We are and shall be under no obligation (1) tomaintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respondto any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our solediscretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene orotherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright,trademark, privacy, personality or other personal or proprietary right. You further agree that yourcomments will not contain libelous or otherwise unlawful, abusive or obscene material, or containany computer virus or other malware that could in any way affect the operation of the Service orany related website. You may not use a false e-mail address, pretend to be someone other thanyourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solelyresponsible for any comments you make and their accuracy. We take no responsibility and assumeno liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATIONYour submission of personal information through the store is governed by our Privacy Policy. Toview our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographicalerrors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,offers, product shipping charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation in the Service or on any related website is inaccurate at any time without prior notice(including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any relatedwebsite, including without limitation, pricing information, except as required by law. No specifiedupdate or refresh date applied in the Service or on any related website, should be taken to indicatethat all information in the Service or on any related website has been modified or updated.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely,
secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurateor reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancelthe service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The serviceand all products and services delivered to you through the service are (except as expressly stated byus) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties orconditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Cosmic Dolphins Corporation SA, our directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs,or any similar damages, whether based in contract, tort (including negligence), strict liability orotherwise, arising from your use of any of the service or any products procured using the service, orfor any other claim related in any way to your use of the service or any product, including, but notlimited to, any errors or omissions in any content, or any loss or damage of any kind incurred as aresult of the use of the service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because some states or jurisdictions donot allow the exclusion or the limitation of liability for consequential or incidental damages, in suchstates or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATIONYou agree to indemnify, defend and hold harmless The Cosmic Dolphins Corporation SA and ourparent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, serviceproviders, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach ofthese Terms of Service or the documents they incorporate by reference, or your violation of any lawor the rights of a third-party.
SECTION 16 – TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive thetermination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You mayterminate these Terms of Service at any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term orprovision of these Terms of Service, we also may terminate this agreement at any time withoutnotice and you will remain liable for all amounts due up to and including the date of termination;and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms of Service shall notconstitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect toThe Service constitutes the entire agreement and understanding between you and us and governyour use of the Service, superseding any prior or contemporaneous agreements, communicationsand proposals, whether oral or written, between you and us (including, but not limited to, any priorversions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against thedrafting party.
SECTION 18 – GOVERNING LAW
The applicable law is Swiss law, the place of jurisdiction is Lausanne.Lausanne on December 4th, 2021
SECTION 19 – CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms ofService by posting updates and changes to our website. It is your responsibility to check our websiteperiodically for changes. Your continued use of or access to our website or the Service following theposting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – TAMPERING
We may terminate this agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordingly may deny you accessto our Services (or any part thereof), if in our sole judgment we suspect any unauthorized access,repair, alteration, disassembly, tampering, or misuse of our products, software, and/or services.
SECTION 21 – ASSIGNMENT
No Party shall assign its rights or obligations under this Agreement in whole or in part, exceptthat Company may assign its rights and obligations under this Agreement in connection with amerger, acquisition, or sale of all or a substantial part of its assets to which such rights andobligations pertain.
SECTION 22 – CONTACT INFORMATIONQuestions about the Terms of Service should be sent to us at support
SECTION 15 – SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void orunenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability of any other remainingprovisions.