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Terms of Service

Welcome to cubicoriginal.com, a website owned and operated by CUBIC ORIGINAL (UK) LTD These terms of use (the "Terms of Use") govern your use of thecubicoriginal.com website. By using, visiting or shopping at the cubicoriginal.com website from time to time.

In these Terms of Use, CUBIC ORIGINAL (UK) LTD is referred to as "CUBIC", the 

cubicoriginal.com website, referred to as the "Site".

CUBIC is located in the UK. By displaying products on the site, CUBIC is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in UK on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in UK of such offer pursuant to these Terms of Use.

The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation thereof or of any place or which may subject CUBIC and its affiliates to any regulatory requirement within such jurisdiction or country.

 

 

 

USE OF THE SITE

License and Site Access

CUBIC grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site in accordance with and subject to the Terms of Use and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of CUBIC also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site in accordance with and subject to the Terms of Use so long as the link does not portray CUBIC, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

 

 

 

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to, among other things:

Interfere or attempt to interfere with the proper operation of the Site;

Bypass any measures used to prevent or restrict access to any portion of the Site;

Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by CUBIC or its affiliates through the Site;

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;

Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;

Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;

Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;

Copy or download any account information of any user of the Site for the benefit of any other person or entity;

Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of CUBIC;

Use CUBIC's name, trademarks, service marks or logos in any meta tags or any other "hidden text";

Use CUBIC's logo or other proprietary graphic or trademark as part of a link without express written permission;

Use the Site in a way other than that expressly authorized in the section "License and Site Access" above.

 

 

 

Each of the foregoing is expressly prohibited without CUBIC's prior express written consent. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CUBIC's l or any of its affiliates. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the Site or an employee of us; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to the Site or any component of the Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by CUBIC, and if any of your action causes losses to CUBIC expressly reserves the right to claim damages and/or apply for other legal remedies.

 

 

 

Termination of Access

You agree that CUBIC may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your App account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.

YOU AGREE THAT NONE OF CUBIC, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A "CUBIC ") WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

INTELLECTUAL PROPERTY RIGHTS; USER CONTENT

Copyright

All content included on the Site, including, without limitation, text, articles, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, and other material on the Site ("Content") is the property of CUBIC or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of CUBIC and are protected by applicable copyright laws. All software used on the Site is the property of CUBIC or its software suppliers and is protected by applicable copyright laws.

 

Trademarks

All trademarks, product names and company names or logos used in the Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

Submission of Reviews and Other User Content

Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to CUBIC in connection with the Site (each such submission, offer or disclosure being a "Submission "). If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any CUBIC Party or any App user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of "spam".

CUBIChas the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, CUBIC does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms of Use.

 

CUBIC does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting CUBIC, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to CUBIC or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. CUBIC is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

CUBIC’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. CUBIC’s customers are located in various parts of the world. As a result, it is not practical for CUBIC to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.

 

 

 

CUBIC MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED CUBIC TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLEIMPORTER” AND INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.   IN NO EVENT WILL CUBIC OR ANY OTHER CUBIC PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY CUBIC PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN UK FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT LICENSING AND PRODUCT SAFETY LAWS.

 

 

By purchasing a product through the Site, customers outside of UK authorize UK to make arrangements for clearance of customs on their behalf for the products they have ordered.

We make no representation that information on the Site is appropriate or available for use outside UK. Those who choose to access the Site from outside UK, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

Methods of Payment

CUBICoffers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT CUBIC ORIGINAL (UK) LTD, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify CUBIC ORIGINAL (UK) LTD of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If CUBIC ORIGINAL (UK) LTD does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by CUBIC ORIGINAL (UK) LTD or its agents.

If payment is made by PayPal®, the user agreement for the PayPal service, respectively, will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal. YOU, AND NOT CUBIC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL OR ALIPAY ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify CUBIC of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If CUBIC does not receive payment through the PayPal or Alipay service, you agree to pay all amounts due upon demand by CUBIC or its agents.

Unless expressly set forth on the Site, CUBIC does not accept any other payment form. If CUBIC offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

Taxes

You are responsible for paying all applicable taxes (including, but not limited to, sales, use or value-added taxes) and other governmental fees, customs duties, charges, penalties, interest, and additions to such taxes that are imposed on you upon or with respect to the transactions and payments under these Terms of Use. Unless otherwise specified in each purchase, all fees payable by you are exclusive of applicable taxes and duties, including, without limitation, value-added taxes, excise taxes, sales and transaction taxes, and gross receipts taxes. With respect to each of your purchases, CUBIC will automatically charge and collect any applicable tax that it deems required in any applicable jurisdictions.

 

Currencies

Payment made by credit card, PayPal® in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the user agreement for the PayPal services for information regarding the determination of exchange rates by them. These exchange rates may include a spread,” or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

CUBIC does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customers credit card or PayPal then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.

 

 

In no event will any CUBIC Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

 

PRODUCT DESCRIPTIONS, INFORMATION AND PRICES

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. The information on the Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. CUBIC does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete or up to date. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received).

IF YOU PURCHASE A PRODUCT FROM CUBIC THAT IS NOT AS DESCRIBED ON THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR CUBIC CREDIT IN THE AMOUNT OF THE PURCHASE PRICE WHERE RETURN POLICIES APPLY. IF YOU PURCHASE A PRODUCT FROM CUBIC THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR CUBIC CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

 

Prices

CUBIC cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart” or shopping bag” and the time the purchase is actually made. Also, despite CUBICs best efforts, a small number of the products on the Site may inadvertently display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of CUBIC  may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

CUBIC will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason CUBIC will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, CUBIC will immediately issue a credit to your credit card or payment service in the amount of the charge.

Price Comparisons and Save” Amounts

Price comparisons may be made throughout the Site to indicate the relative savings amounts of CUBICs pricing. Amounts shown as Save” reflect the difference between the sale price and CUBICs normal or list” price for a given product. However, CUBIC makes no representation that a substantial number of these products have been sold or made available for sale at the list price.

ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES

Order Acceptance

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use CUBIC may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by CUBIC to deliver your order.

You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of CUBICs agreement to sell products to you.

Returns

CUBIC accepts returns of most defective products, products damaged in shipping and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at Refund Policy.”

Replacement or repair of returned products will be made in accordance with the Refund Policy. Any refunds provided pursuant to the Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.

Product Warranties

Unless pursuant to a supplemental warranty offered by CUBIC from time to time with respect to the repair of defective jewelry products and subject to the terms and conditions applicable to such warranty as separately advised by CUBIC in writing or as posted on the Site from time to time (such warranty being a CUBICWarranty”),CUBIC will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturerswarranties is generally included in the materials shipped with the products or is available through the Site.

Order Acceptance

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use CUBIC may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

 

OTHER ISSUES

User Privacy; Data Security

Please review CUBICls Privacy policy, which also governs your visit to and usage of the Site, to understand CUBICs practices with respect to usage and handling of user information. We endeavor to ensure that all our collection, transmission, storage and usage of personal data is carried out in compliance with the Personal Data (Privacy) Ordinance, Cap 486 of the laws of UK.

You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No CUBIC Party is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users CUBIC or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

While CUBIC takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no CUBIC Party is responsible for the acts of those who gain unauthorized access, and no CUBIC  Party makes any warranty, express, implied or otherwise, that CUBIC or any other CUBIC Party will prevent unauthorized access to your private information.

 

Your Account

Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify CUBIC immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone elses account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide CUBIC with accurate, current and complete information about yourself and your billing information as prompted in the registration process, and to maintain and promptly update your registration information to keep it true, accurate, current and complete. You may update your account information by clicking on the My Account” link on the Site. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

Users' Confirmation

By creating an account on the Site, User hereby confirms and undertakes that he/she is acting as the Customer on his/her own account or acting on behalf of the Customer to register such account. You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.

 

Third-Party Websites and Applications

The Site may contain links, hypertext links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by CUBIC. Applications are provided solely as a convenience to you and  CUBIC is not responsible for and does not sponsor, approve or endorse the content of Applications or its operator. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your  CUBIC account. By using Applications, you acknowledge and agree to the following: (1) if you use an Application to share information about you, your actions on the Site or relating to your  CUBIC account, you are consenting to such information being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if  CUBIC has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the CUBIC Parties harmless from any sharing of information about you, your actions on the Site or relating to your CUBIC account that results from your use of an Application. In addition, each Application's end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application's access to your  CUBIC account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The CUBIC Parties do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not  CUBIC.

 

Age of Users

By registering an account with our Site you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. CUBIC does not intend the Site to be viewed or used by individuals under the age of 18 (minors”) without the supervision of a parent or guardian 18 years of age or older CUBIC relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.

Sweepstakes, Contests, Promotions

Any sweepstakes, contests or similar promotions made available through the Site will be governed by specific rules separate from these Terms of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.

Communications

Unless otherwise provided, you consent to receive communications from CUBIC by e-mail CUBIC will communicate with you by e-mail or by posting notices on the Site or Site. You agree that all agreements, notices, disclosures and other communications that CUBIC provides to you in this manner satisfy any legal requirement that such communications be in writing. In the event where you elect not to provide any direct method of communications to CUBIC and strictly rely on notices posted on the Site by CUBIC for communication purposes, you acknowledge and agree that CUBIC shall have no obligation to contact and/or communicate with you directly for whatever purposes; and where loss, cost, damage, expense and/or liability of any kind are incurred (whether directly or indirectly) as a result of your election, CUBIC shall be indemnified and held harmless by you for and against all such loss, cost, damage, expense and/or liability of any kind.

 

Third-Party Links

The Site may contain links to other websites. The CUBIC Parties are not responsible for examining or evaluating, and the CUBIC Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No CUBIC Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY CUBIC ON AN AS-IS” AND AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT TO YOU THAT OUR SITE OR ANY OF ITS CONTENTS WILL BE ACCURATE COMPLETE OR RELIABLE. NO CUBIC PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE CUBIC PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO CUBIC PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY'S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICES (WHETHER OR NOT PROVIDED BY US) WILL BE PROVIDED WITH DUE CARE AND SKILL; OR ANY MERCHANDISE (WHETHER OR NOT PROVIDED BY US) WILL BE OF MERCHANTABLE QUALITY OR WILL BE FIT FOR ANY PURPOSE (EVEN IF THAT PURPOSE HAS BEEN PREVIOUSLY NOTIFIED TO US). NEITHER CUBIC NOR ANY OTHER CUBIC PARTY REPRESENTS OR WARRANTS THAT THE SITE (INCLUDING THE USAGE OF APPLICATIONS OR SOFTWARE), ITS SERVERS OR E-MAIL SENT FROM CUBIC (OR ANY PART OF IT) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. YOU AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED AS TOTALLY SECURE. WHILST WE STRIVE TO PROTECT SUCH INFORMATION, WE DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU TRANSMIT TO US. ANY INFORMATION WHICH YOU TRANSMIT TO US IS TRANSMITTED AT YOUR OWN RISK.

 

NO CUBIC PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM CUBIC OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY CUBIC PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CUBIC PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.

THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN CUBIC WARRANTY (AS DEFINED ABOVE).

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

APPLICABLE LAW AND DISPUTES

Applicable Law

The Site is controlled, operated and administered by CUBIC (or its licensees or agents) from its offices within UK and is not intended to subject CUBIC to the laws or jurisdiction of any state, country or territory other than that of UK. By visiting the Site, you agree that the laws of UK, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CUBIC or any other CUBIC Party.

 

Disputes

Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in UK conducted under UK law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of CUBIC or any affiliate or licensor of CUBIC may seek injunctive or other appropriate relief in any appropriate jurisdiction and court.

 

GENERAL

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by CUBIC of any provision of these Terms of Use.

Complete Agreement

These Terms of Use and any other policies posted on the Site from time to time, constitute the complete agreement between you and CUBIC with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and CUBIC.

Indemnification

You agree to defend, indemnify and hold harmless CUBIC and the other CUBIC Parties and all of our directors, employees, and contractors, from and against any and all claims, damages, costs and expenses, including attorneysfees, or other liability which may be incurred by us arising from or related to the use of the Site and any Content available on the Site, any breach of these Terms of Use, covenants, warranties, representatives, agreements herein and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

CUBIC reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use from time to time without providing any prior notification. It is your responsibility to check these Terms of Use each time before using the Site. The amended Terms of Use are effective from the date they are published on the Site. Your continued access and use of the Site and our service following the posting of changes will mean that you unconditionally accept and agree to the latest version of the Terms of Use.

You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until CUBIC posts a modified Terms of Use and then in accordance with such modified Terms of Use.

 

 

 

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