Terms and Conditions of Max Interactive global websites and the purchase of
products from MAXCases.com.
The following terms and conditions govern your use of these sites, located at
http://www.Maxcases.com
and the purchase of products by you through this site. By using this site, placing an
order with us or submitting a purchase order to us, you are indicating your acceptance
of the following terms and conditions (the "Terms and Conditions"). The Terms and
Conditions shall supplement any subsequent terms or conditions included with any purchase
order, whether or not such terms or conditions are signed by us. We reserve the right
to make changes to this site and these Terms and Conditions at any time.
Agreement; Other Documents; Changes
You and Max Interactive, Inc. and the subsidiaries of Max Interactive Inc.
("Max Interactive") agree that your order is an offer to purchase the products
listed in your order ("Products") on the terms and conditions listed below which
will become a contract ("Agreement") when accepted by Max Interactive via
confirmation that specifically references your order or when Max Interactive ships
to you the Products you ordered, whichever occurs earlier, and the banking,
negotiation or other use of any payment shall not constitute an acceptance by Max
Interactive. When you send your order to purchase Products through Max Interactive
websites, that order shall constitute your agreement to these terms and conditions
of purchase. You represent you have the legal authority to enter into this Agreement
on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other
document(s). Any such attempt will be null and void unless otherwise agreed to in
a written agreement signed by both you and Max Interactive.
If any provision of this Agreement is held to be invalid by any law, rule, order or
regulation of any government or by the final determination of any state or federal
court, such invalidity shall not affect the enforceability of any other provision
of this Agreement.
Governing Law
Except for California's conflict of law provisions, the laws of the state of California will govern the sale of products sold in the united states.
Payment Terms
Max Interactive accepts only those credit cards mentioned on the product ordering
screens as the payment options for your purchase. Your credit card will not be
charged until the Products listed in your order are shipped.
Shipping Charges; Customer Location
Separate charges for shipping will be added to the cost of the Products. Max
Interactive will only accept orders from billing and shipping addresses located
within the 50 United States, the District of Columbia, Canada and European countries
mentioned on the product ordering screens as ship to options. Not all prices include
charges for shipping and handling or VAT charges. Separate charges for shipping,
handling and VAT will be shown on the invoice. Max Interactive reserves the right to
limit quantities.
Taxes
All applicable local, city, state and/or country taxes are your responsibility and
will be applied to the order. You agree to pay these taxes. Max Interactive does
offer VAT back to parties who request it based on evidence that they are already
VAT registered in the country that their order has been shipped to. Full details
on this program are included in the FAQs.
Title
Max Interactive will ship the Products to you, as applicable, with title and risk of
loss passing to you upon Max Interactive’s delivery of the Products to the first
common carrier.
Accounts
You agree that you will not misuse or abuse account access and passwords. You agree
that you will only use your password and that you will take all reasonable
precautions to protect its secrecy.
Capacity to Contract
You represent to us that you are of the legal age of majority in your state or
country of residence and/or that you are duly authorized by your employer to use
this Site.
Governmental Authorizations
You are solely responsible for obtaining any licenses or other governmental
authorizations related to your use of the Products that may be required by any
federal, state or local government agency, and for complying with all rules and
regulations imposed by such agencies. Neither Max Interactive nor any of its
employees are your agent or representative in governmental matters.
Warranty
The standard limited warranty applicable to each of the products you purchase under this agreement is described on the site. The actual limited warranty statement that applies is included in the documentation packaged with the product. Max interactive disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Some states or countries do not allow an exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
Max Interactive reserves the right to modify its warranties prospectively at any
time, in its sole discretion.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with
returns of products purchased through this Site. Our current return policy (located
in the Customer Service section of this Site) is incorporated herein by reference
and made part of these Terms and Conditions. Max Interactive' "30 Day Return Policy"
that is in effect on the date of invoice applies only to the Products you purchase
under this Agreement.
Products
Max Interactive’s policy is one of on-going product update and revision. Max
Interactive may revise or discontinue Products at any time. Max Interactive will
ship Products that have the functionality and performance of the Products ordered,
but differences between what is described in hardcopy or electronic versions of Max
Interactive Products documentation and what is shipped are possible. The parts and
assemblies used in building Max Interactive Products are selected from new and
equivalent-to-new parts and assemblies in accordance with industry practices.
Although availability may be indicated on the Site, we cannot guarantee product
availability and products, nonetheless, may not be available for immediate delivery.
We reserve the right, without liability or prior notice, to revise, discontinue, or
cease to make available any or all products or to cancel any order. If there is any
revision, discontinuance, or cessation, we may, in our discretion, ship products
which have substantially similar functionality and specifications to the products
ordered or cancel your order.
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available,
the directories and information on this Site may be out of date or include omissions,
inaccuracies or other errors. This Site and the materials therein are provided
"AS IS." We make no representations or warranties, either express or implied, of any
kind with respect to this Site, its operations, contents, information or materials.
We expressly disclaim all warranties, express or implied, of any kind with respect to this site or its use, including but not limited to merchantability and fitness for a particular purpose.
Certain content from third-party vendors may be made available as part of this Site.
This content is believed to be reliable, but we do not endorse or guarantee the
accuracy or completeness of this content.
You agree that we, our directors, officers, employees or other representatives shall
not be liable for damages arising from the operation, content, or use of this Site.
You agree that this limitation of liability is comprehensive and applies to all
damages of any kind, including without limitation direct, indirect, compensatory,
special, incidental, punitive and consequential damages, damages for loss of profits,
revenue, data and use, incurred by you or any third party, whether in an action in
contract or tort, arising from your access to, and use of, this Site or any other
hyper-linked Web site.
Compliance with the Law; Resale Sales Not Intended
You agree to comply with all applicable laws and regulations of the various states
and of the United States and other countries that relate to the Products or this
Agreement. You agree and represent that you are buying for your own internal use
only, and not for resale. Max Interactive has separate terms and conditions
governing purchase for resale.
Export Compliance
The hardware, software, and technology provided to you are subject to the U.S.
Export Administration Regulations and may be subject to similar laws, regulations,
or requirements in other countries. You agree to comply with the U.S. Export
Administration Regulations and such other laws, regulations, or requirements as may
apply to your receipt, re-export and use of the hardware, software, and technology
provided to you. This provision shall survive the termination of this contract.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of this Site and your purchase of products or services through
this Site. We may, in our sole discretion, report actual or perceived violations to
law enforcement or appropriate authorities. If we become aware, through a complaint
or otherwise, of any potential or suspected violation of these Terms and Conditions
or the Privacy Policy, we may (but are not obligated to) conduct an investigation
to determine the nature and extent of the suspected violation and the appropriate
enforcement action, during which investigation we may suspend services to any
customer being investigated and/or remove any material from our servers. You agree
to cooperate fully with any such investigation. You acknowledge that violations of
the Terms and Conditions or the Privacy Policy could be subject to criminal or
civil penalties.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software (and the
compilation of such content), is the property of Max Interactive, The Online Store,
or their content suppliers and is protected by United States and international
copyright laws. All software used on this Site is the property of the Online Store
or its software suppliers and protected by the United States and international
copyright laws.
All marks indicated as registered on this Site are registered trademarks of Max
Interactive, in the United States and other countries. Other graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade dress of
Max Interactive, The Online Store or their content suppliers. The trademarks and
trade dress on this Site may not be used in connection with any product or service
that is not ours, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits us. All other trademarks not owned
by us or our subsidiaries that appear on this Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by us.
Privacy Policy
We consider the privacy of our users to be paramount, and we have developed a
privacy policy to protect and inform our users ("Privacy Policy"). Our current
Privacy Policy is incorporated herein by reference and made part of these Terms
and Conditions.
General
If any provision or provisions of these Terms and Conditions shall be held to be
invalid, illegal, or unenforceable, such provision shall be enforced to the fullest
extent permitted by applicable law and the validity, legality, and enforceability
of the remaining provisions shall not be affected thereby. Products purchased or
received under these Terms and Conditions are subject to export laws and regulations
of the United States. The products offered here are solely for the use of our
customers. You may not assign your rights or obligations under these terms and
conditions without our express written consent.
Max Interactive Inc. (DBA MAXCases) Anti-Corruption and Bribery Policy
1. ABOUT THIS POLICY
1.1 It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships.
1.2 Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this policy may have their contract terminated with immediate effect.
1.3 This policy does not form part of any employee’s contract of employment and we may amend it at any time. It will be reviewed regularly.
2. WHO MUST COMPLY WITH THIS POLICY?
2.1 This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.
3. WHAT IS BRIBERY?
3.1 Bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit.
3.2 Bribery includes offering, promising, giving, accepting or seeking a bribe.
3.3 All forms of bribery are strictly prohibited. If you are unsure about whether a particular act constitutes bribery, raise it with your manager.
3.4 Specifically, you must not:
(a) give or offer any payment, gift, hospitality or other benefit in the expectation that a business advantage will be received in return, or to reward any business received;
(b) accept any offer from a third party that you know, or suspect is made with the expectation that we will provide a business advantage for them or anyone else;
(c) give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure;
4.GIFTS AND HOSPITALITY
4.1 This policy does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing our products and services.
4.2 A gift or hospitality will not be appropriate if it is unduly lavish or extravagant or could be seen as an inducement or reward for any preferential treatment (for example, during contractual negotiations or a tender process).
4.3 Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift. Gifts must not include cash or cash equivalent (such as vouchers) or be given in secret. Gifts must be given in our name, not your name.
4.4 Promotional gifts of low value such as branded stationery may be given to or accepted from existing customers, suppliers and business partners.
5. RECORD-KEEPING
5.1 You must declare and keep a written record of all hospitality or gifts given or received. You must also submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with our expenses policy and record the reason for expenditure.
5.2 All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments.
6. HOW TO RAISE A CONCERN
6.1 If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must notify your manager as soon as possible.
7. RELEVANT REGULATION / LEGISLATION
• UK Bribery Act http://www.legislation.gov.uk/ukpga/2010/23/contents
• US Foreign and Corrupt Practices Act https://www.justice.gov/sites/default/files/criminal-fraud/legacy/2012/11/14/fcpa-english.pdf
Other
Trademarks and registered trademarks are the property of their respective owners.
Apple, iPhone, iPad, iPad Mini, and iPad Air are trademarks of Apple Inc.,
registered in the U.S and other countries. Kindle and Kindle Fire have registered
trademarks of Amazon.com, Inc. Google Nexus is a registered trademark of Google,
Inc. Samsung, Galaxy Note, and Galaxy Tab are registered trademarks of Samsung
Electronics Co., Ltd. Microsoft, Surface are trademarks of Microsoft Corporation
registered in the U.S and other countries, Google, Chromebook are trademarks of
Google Corporation registered in the U.S and other countries, HP, Revolve are
trademarks of Hewlett Packard Corporation registered in the U.S and other countries,
Dell, Venue are trademarks of Dell Computer Corporation registered in the U.S and
other countries.
The "f" logo is a registered trademark of Facebook, Inc. The "Twitter bird" is a
registered trademark of Twitter, Inc. The "Instagram camera" is a registered
trademark of Instagram, Inc. The "p" logo is a registered trademark of Pinterest,
Inc. The "YouTube" logo is a registered trademark of YouTube, Inc.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us by
clicking here.
The foregoing terms and conditions apply unless the customer has signed a separate formal purchase agreement with us in writing, in which case the separate agreement shall govern.
