American Smartphone, Inc. dba Saygus (“Saygus”)
TERMS AND CONDITIONS FOR PRE-ORDERS
Please read these terms and conditions (“terms”) carefully before submitting your pre-order of a Saygus V2 device. By submitting your pre-order, you agree to be legally bound by these terms.
The terms and conditions (the “Terms and Conditions”) detailed herein (the “Agreement”) apply to you, (“you,” the “Purchaser,”), and your pre-order (the “Pre-Order”) made during the Saygus V2 pre-order campaign (the “Campaign”).
Payment of Pre-Orders must be by way of credit card or debit card through the Campaign website located at www.saygus.com. The Saygus V2 Device is expected to be ready to ship on or about May 22, 2015, subject to reasonable delays in manufacturing and/or delivery. Your Saygus V2 Device will be shipped in the order in which your pre-order is received by Saygus. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
Import duties, taxes, and other charges are not included in the item price or shipping cost. These charges are your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to completing your Pre-Order.
We may not be able to deliver to all locations. If Saygus does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order or your money returned.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to Saygus prior to any refund. In that case you will not be charged for the Device, but you may be charged for shipping and restocking fee of $39 (and such charges will not be reversed). If a Device is not successfully delivered because we made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact Saygus.
Any delivery dates or times provided by Saygus (or a delivery agent) are estimates only and are not guaranteed.
4. Use of V2
Your use of the Saygus V2 Device is subject to single use license agreements for all component and operating software. Saygus makes no representations or warrantees on use or usability of such software.
5. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SAYGUS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SAYGUS V2 DEVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SAYGUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Saygus’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your Saygus V2 device. The foregoing limitations will apply even if the device fails of its essential purpose.
6. Force Majeure
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
All information provided here is kept completely confidential, and is kept solely to service your Pre-Order. We do not share, sell or otherwise distribute any information gathered by this ordering system.
8. Controlling Law and Severability
These Terms will be governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.
If purchaser wants to cancel a Pre-Order or otherwise does not agree to these terms and conditions, Donor must notify Saygus in writing within 30 days of the applicable Pre-Order. Upon receipt of written notice of cancellation, Saygus will cancel the Pre-Order and the purchase will be fully refunded. No Cancellations will be accepted later than 30 days of Pre-Order.
10. Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to these terms and conditions and/or any Pre-Order the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties cannot reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
11. Device Technical Specifications
Battery life for your Device, as described in any Device description page, will depend on device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the Saygus store.
12. Data and Deactivation
You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Saygus for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Saygus. Saygus will not be responsible for any use or disclosure of any data that resides on a Device.
If you tell Saygus that you have not received your Device, the Device is defective, or it has been lost or stolen, Saygus may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.
13. Device Features Outside of Saygus’s Control
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider (“Internet Service Provider”) whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n WiFi access point.
You agree that, unless specifically provided in any Device description page, Saygus has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Saygus does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Saygus makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
14. Defects, Warranties, Disclaimer of Warranties
If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. Please refer to the manufacturer for any manufacturer warranty by contacting: Saygus China, 912 Building 1A, Hezheng-Huiyi Cheng, XinhuRd. Xixiang, Baoan District, Shenzhen, Guangdong China, Postcode 518101
If you have a defective Device, please contact Saygus support. If the Device is manufactured by a third party, Saygus may refer you to the applicable manufacturer of the Device for support with Device defects. If Saygus provides you with a replacement Device, you agree that Saygus may exchange the defective Device with either a new or refurbished Device. If Saygus provides you with a replacement Device before we receive your defective Device, and you do not return the defective Device within 21 days from the date the replacement Device is delivered to you, you authorize Saygus to charge your Saygus account for the replacement Device, not to exceed the amount paid for the original Device. Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, Saygus may only provide warranty support for Devices manufactured by Saygus that are located in the United States of America.
OTHER THAN THE WARRANTIES REFERRED TO IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAYGUS AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Changes to the Terms
The Terms in effect at the time you place an order for the Device will apply to such order and Device. Saygus reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
16. Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
17. No Waiver
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
19. Additional Terms
Any sales outside the United States of America may be subject to additional terms and conditions prior to delivery.