Terms of service
1. About the Website
Welcome to fortiskytechnologies.com (the ‘Website ‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘).
The Website is operated by Fortisky Technologies Inc. Access to and use of the Website, or any of its associated Products or Services, is provided by Fortisky Technologies Inc. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Fortisky Technologies Inc. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fortisky Technologies Inc. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fortisky Technologies Inc. in the user interface.
3. Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).
You warrant that any information you give to Fortisky Technologies Inc. in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services. You may not use the Purchase Services and may not accept the Terms if: you are not of legal age to form a binding contract with Fortisky Technologies Inc.; or you are a person barred from receiving the Purchase Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by the Terms; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Fortisky Technologies Inc. of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Fortisky Technologies Inc. providing the Purchase Services; you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Fortisky Technologies Inc. for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price ‘).
Payment of the Purchase Price may be made through PAYPAL; Credit/Debit Cards; After Pay; Google Pay; Apple Pay (the ‘Payment Gateway Provider ‘). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Fortisky Technologies Inc., you will be issued with a receipt to confirm that the payment has been received and Fortisky Technologies Inc. may record your purchase details for future use.
Fortisky Technologies Inc. may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
● The use of our Resources will meet your needs or requirements.
● The use of our Resources will be uninterrupted, timely, secure or free from errors.
● The information obtained by using our Resources will be accurate or reliable, and
● Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
● Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
● No information or advice, whether expressed, implied, oral or written, obtained by you from Fortisky Technologies Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
7. Delivery
You acknowledge that the Purchase Services offered by Fortisky Technologies Inc. integrate delivery (the ‘ Delivery Services ‘) through the use of third party delivery companies (the ‘ Delivery Service Providers ‘).
In providing the Purchase Services, Fortisky Technologies Inc. may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Fortisky Technologies Inc. is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Fortisky Technologies Inc. asks that you: contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and contact us by sending an email to info@fortiskytechnologies.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Fortisky Technologies Inc. are subject to copyright. The material on the Website is protected by copyright and trademark laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content ‘) are owned or controlled for these purposes, and are reserved by Fortisky Technologies Inc. or its contributors.
Fortisky Technologies Inc. retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Fortisky Technologies Inc.; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Fortisky Technologies Inc. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
Fortisky Technologies Inc. takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Fortisky Technologies Inc.’s Privacy Policy, which is available on the Website.
10. General Disclaimer
You acknowledge that Fortisky Technologies Inc. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
● Fortisky Technologies Inc. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
● Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, which by law may not be limited or excluded.
●
o Subject to this clause, and to the extent permitted by law:
● all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
● Fortisky Technologies Inc. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
o Use of the Website, the Purchase Services, and any of the products of Fortisky Technologies Inc. (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Fortisky Technologies Inc., are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Fortisky Technologies Inc. including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Fortisky Technologies Inc. referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
● failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
● the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
● costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
● the Content or operation in respect to links which are provided for the User’s convenience;
● any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
● any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
Fortisky Technologies Inc.’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Fortisky Technologies Inc. is the resupply of information or Purchase Services to you.
You expressly understand and agree that Fortisky Technologies Inc., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Fortisky Technologies Inc. is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Fortisky Technologies Inc., by third parties or by any of the Purchase Services offered by Fortisky Technologies Inc..
You acknowledge that Fortisky Technologies Inc. does not provide the Delivery Services to you and you agree that Fortisky Technologies Inc. will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
● The Terms will continue to apply until terminated by either you or by Fortisky Technologies Inc. as set out below.
o If you want to terminate the Terms, you may do so by:
● notifying Fortisky Technologies Inc. at any time; and closing your accounts for all of the Purchase Services which you use, where Fortisky Technologies Inc. has made this option available to you.
o Your notice should be sent, in writing, to Fortisky Technologies Inc. via the ‘Contact Us’ link on our homepage.
o Fortisky Technologies Inc. may at any time, terminate the Terms with you if:
● you have breached any provision of the Terms or intend to breach any provision; Fortisky Technologies Inc. is required to do so by law;
● the partner with whom Fortisky Technologies Inc. offered the Purchase Services to you has terminated its relationship with Fortisky Technologies Inc. or ceased to offer the Purchase Services to you;
● Fortisky Technologies Inc. is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
● the provision of the Purchase Services to you by Fortisky Technologies Inc. is, in the opinion of Fortisky Technologies Inc., no longer commercially viable.
o Subject to local applicable laws, Fortisky Technologies Inc. reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fortisky Technologies Inc.’s name or reputation or violates the rights of those of another party.
o When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fortisky Technologies Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
● You agree to indemnify Fortisky Technologies Inc., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
● all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
● any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
● any breach of the Terms.
14. Governing Law
● These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Virginia applicable to agreements made and to be entirely performed within the State of Virginia, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and the parties hereby consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
15. Independent Legal Advice
● Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
● If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Payment Method
Credit Cards/Debit Cards
PayPal
ShopPay
MetaPay
GooglePay
Afterpay
If you have any further questions, please reach out to our customer support team at
Phone: 571-586-3069
Email: info@fortiskytechnologies.com
Address: 8401 Mayland Dr Ste S, Richmond, VA 23294