Terms of Service
Last Updated April 26, 20241. AGREEMENT TO OUR TERMS
Techfonic.com (the "Site") is owned and operated by Infinascape Media Inc., and unless otherwise specified both entities will collectively be referred to as “Techfonic”, “we”, “our”, or “us”. These Terms of Service (the “Terms”, “TOS”, or “Agreement”) are a contract between Techfonic and you (“you” or “your”) and govern your use of the Site and all associated services (the “Services”). As such, please read these Terms carefully. Your use of the Site and Services is subject to and conditioned upon your assent to and compliance with these Terms.BY ACCESSING AND USING THE SITE AND SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU ARE AT LEAST 13 YEARS OLD, (2) THAT YOU OR A PARENT/GUARDIAN HAVE READ THIS AGREEMENT, (3) THAT YOU UNDERSTAND ITS CONTENT, AND (4) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, INCLUDING ANY ANCILLARY TERMS LIKE OUR PRIVACY POLICY.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or Services. Use of the Site and Services is void where prohibited.
2. USER ACCOUNTS
Registering Accounts:
You have the option to register for an account on the Site, which gives you access to features like tracking and managing your orders, viewing order history, and saving shipping addresses for future purchases. For added security, we do NOT save payment information. You are NOT required to register for an account in order to make a purchase.
If you register for an account, any information you provide as part of the registration process (“Registration Data”) is governed by our Privacy Policy. In addition, by registering for an account you agree to:
- Provide true, accurate, current and complete Registration Data as prompted by the registration process;
- Maintain and promptly update the Registration Data to keep it accurate, current and complete;
- Maintain the security and confidentiality of your password and any other security or access information used by you to access your account;
- Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and
- Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Services or any other breach of security that you become aware of involving or relating to the Services.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE ACCOUNT ORIGINALLY REGISTERED BY YOU, WHETHER OR NOT SUCH ACCESS AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSACTIONS ASSOCIATED WITH SUCH ACCESS OR USE.
Deleting Accounts:
You can delete your account at any time by using the delete account button found on your profile screen. Alternatively, you can contact us to request account deletion by using the support page of the Site or by emailing support@techfonic.com. Deleting your account does NOT cancel any orders that are currently in progress, nor does it absolve you of any payment obligations you have for such orders. You can still continue using the Site and Services after deleting your account.
3. PRODUCTS AND PRICES
All products displayed on the Site are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products on the Site are subject to change at any time. While we make every effort to display accurate product information and specs based on the information we receive from our suppliers, we cannot guarantee that every detail displayed is 100% accurate. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.If any price is displayed on the Site incorrectly due to typographical error, technical issue, or supplier misinformation, we reserve the right to refuse or cancel any orders placed for the affected product(s). If you were already charged for the affected product(s) a full refund will be given for the amount charged for the canceled order.
4. PAYMENTS AND PURCHASES
We accept payment from most major credit and debit cards, including Visa, Mastercard, American Express, and Discover. All payment information is transmitted securely via SSL to our payment processor. Credit and Debit card numbers are never stored on the Site.You agree to provide current, complete, and accurate payment, billing, and shipping information for all purchases made on the Site. You also agree to pay all charges at the prices in effect at the time of your purchase along with any applicable taxes and shipping fees, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. Sales tax will be calculated and added to each purchase as required by applicable sales tax laws.
We reserve the right to refuse or cancel any order placed through the Site. We may, in our sole discretion, limit quantities purchased per person or per order, and we reserve the right to cancel or hold orders that appear to be fraudulent.
5. CANCELLING ORDERS
If you have a registered account, you can cancel an order you placed by logging in to your account and going to the Orders page found on the account menu. The order you placed will be displayed with a link to cancel it if it is still eligible for cancellation. Alternatively, you can contact us to cancel an order via the support page on the Site or by emailing support@techfonic.com. Orders that have already been shipped are not eligible for cancelation. We recommend canceling within twelve (12) hours of placing your order to ensure prompt attention.6. RETURNS
Please see our separate Return Policy for information on returning purchases.7. USE OF OUR SERVICES
You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as you are in compliance with all provisions of this Agreement. You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies, or the operational or security mechanisms of the Site.When using the Site and Services, you may not:
- Engage in activity that is threatening, abusive, harassing, defamatory, libelous, offensive, profane against any of our users, customers, employees, representatives, or any third party as determined by us in our sole discretion;
- Engage in activity that is intended to damage or abuse the resources and functioning of the Site, including but not limited to hacking and distributing viruses/malware;
- Engage in practices to alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site;
- Access or attempting to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes;
- Engage in practices to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site except if and to the extent permitted by applicable law;
- Copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Site without our consent;
- Use any robot, spider, other automated device or any device, software, routine or manual process, to monitor or scrape information from the Site, or bypass any security measures of the Site;
- Use any trademarks or intellectual property owned or licensed by us without authorization from us;
- 'Hot-link', redistribute, or facilitate the redistribution of content on the Site;
- Make improper use of our support services;
- Attempt to impersonate another user or person or use the login of another user;
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
8. INTELLECTUAL PROPERTY RIGHTS
The images, text, logos, design elements, intellectual property, and all other code produced by us (“Content”) and contained on the Site are owned or licensed by us and may not be redistributed, repackaged or used in any fashion other than as provided and explicitly set forth in this Agreement.
You acknowledge that the software, trademarks, service marks and logos (“Marks”) contained within the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights pursuant to laws and international conventions. Any rights to the Site, Services, and all content contained therein, are reserved by us and our licensors.No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
9. DISCLAIMERS OF ALL WARRANTIES
THE SERVICES, IT’S CONTENT AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY THIRD-PARTY, OTHER USERS, OR BY YOU AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE USE OF ANY CONTENT, INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US PRIOR TO ANY CAUSE OF ACTION ARISING.All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that any claim or cause of action arising out of or in connection with the Services or the Agreement must be filed within sixty (60) days after such claim or cause of action arose or be forever barred.
11. INDEMNIFICATION
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO, OR RELIANCE ON THE SERVICES, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
12. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.Agreement to Binding Arbitration:
Any dispute, claim or controversy between you and Infinascape Media Inc., its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Infinascape') arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website or app owned or operated by Infinascape and its affiliates; or (3) any products or services sold or distributed by Infinascape and its affiliates or through any properties owned or operated by Infinascape (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
Exceptions to Arbitration:
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Infinascape Media Inc. can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Infinascape Media Inc. may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial and Class Action Waiver:
Except as the Terms of Use otherwise provide, you and Infinascape acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Infinascape may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
This Agreement will be governed by laws of the State of New York without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of Suffolk County, New York, USA.
13. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.14. CHANGES TO THESE TERMS
From time to time, we may make changes to this Agreement, in our sole discretion, by posting updated versions on the Site. We will make reasonable efforts to notify you of any such changes ahead of time ("Notice Period"), and all modifications to the Agreement shall become effective immediately following the Notice Period, unless otherwise specified. By accessing or using the Site and the Services after we have updated the Terms, you agree to all the updated Terms. You also acknowledge and agree that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Services (“Additional Terms”) that we may make available from time to time, including any applicable limitations on damages and resolution of disputes. These expressly-designated legal Additional Terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.15. CONTACTING US
If you have any questions about these Terms, please contact us via email at support@techfonic.com. You can also contact us via the support page of this website.