Thank you for your interest in these Terms and Conditions (the “Terms”). These Terms constitute a legal agreement between you and Virtual Horizons governing the use of our website and services. By using this website and services, you are deemed to accept the following Terms.
ABOUT USWe are Virtual Horizons, of 955 E Paseo Way (“Virtual Horizons”, “we”, “us”, “our”). We operate www.shop.virtualhorizons.pro (our “website”). To contact us, please use sales@virtualhorizons.pro. These Terms were last updated on Tuesday, January 23rd, 2024, and are the current and valid version. The following additional terms apply to your use of our Services and form part of these Terms: Our Privacy Policy; Our Cookie Policy;
ONLINE STORE TERMS: By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to applicable copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
INTELLECTUAL PROPERTY: All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Virtual Horizons, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Virtual Horizons.
BASIS OF SALE AND SERVICE: Virtual Horizons’ employees or agents are not authorized to make any representations concerning the Products unless confirmed by Virtual Horizons in writing. In entering into this agreement, you acknowledge that you do not rely on, and waives any claim for breach of, any such representations which are not so confirmed.Sales literature, price lists and other documents issued by Virtual Horizons in relation to the Products are subject to alteration without notice and do not constitute offers to sell the Products which are capable of acceptance. An order placed by you may not be withdrawn, canceled or altered prior to acceptance by Virtual Horizons and no contract for the sale of the Products shall be binding on Virtual Horizons unless Virtual Horizons has accepted your order in writing. Any typographical, clerical, or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Virtual Horizons shall be subject to correction without any liability on the part of Virtual Horizons.
YOUR ACCOUNTBy registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that: you are at least 18 years of age and not a minor in your country of residence; andyou have read the terms set out in these Terms and agree to be bound by and comply with them; You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
THE PRODUCTSThe specification for the Products shall be those set out on Virtual Horizons’ website unless varied expressly in the Customer's order (if accepted by Virtual Horizons). The Products will only be supplied as specified on Virtual Horizons’ website. Products shown for sale are prone to be stopped from sale at any time.Virtual Horizons reserves the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Products are to be supplied to Virtual Horizons’ specification, which do not materially affect their quality or performance.No order which has been accepted by Virtual Horizons may be canceled by the Customer except with the Agreement in writing of Virtual Horizons on the terms that the Customer shall indemnify Virtual Horizons in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by Virtual Horizons as a result of cancellation.
PRICEThe price of the Products and Services shall be the price listed in accepted order current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by Virtual Horizons and the Customer.Virtual Horizons reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Products to reflect any increase in the cost to Virtual Horizons which is due to any factor beyond the control of Virtual Horizons (such as, without limitation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Virtual Horizons adequate information or instructions. Except as otherwise stated under the terms of any accepted order or in any price list of Virtual Horizons, and unless otherwise agreed in writing between the Customer and Virtual Horizons, all prices are inclusive of Taxes.
PAYMENTAll payments required to be made pursuant to this Agreement by you shall be made immediately upon placing the order, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees: upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and on the renewal date of the subscription period thereafter, without any further action by you. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
DELIVERY AND PERFORMANCEDelivery of the Products shall be made by Virtual Horizons delivering the Products to the e-mail address and account specified in the accepted order. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by Virtual Horizons in writing. With effect from the Commencement Date Virtual Horizons shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the services expressly identified or otherwise agreed under this Agreement.
RETURN POLICY
All Sales Are Final. We do not offer refunds under any circumstances as we provide digital products and services, so returns and exchanges do not apply. We do not offer any kind of returns or exchanges.
USAGE LICENSEDepending on the product you have chosen, the Product may consist of graphics, visual and audio elements (each, a "Component," and collectively "Components," of the Product); the Product may include groups of Components. This Usage License defines your rights to the Components you have elected to receive as part of your product.In general, for each license you have acquired for the Product, one individual is authorized to use the Product according to the terms of this Usage License. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product.Components that you receive as part of the Product may have their own licenses, services level agreements or other agreements (each, a "Component Agreement"). In the event of inconsistencies between this Usage License and any Component Agreement, the terms of the Component Agreement shall control.Specifically, by agreeing to this Usage License you agree to the corresponding Component Agreement.You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.Without prejudice to any other rights, Virtual Horizons may cancel this Usage License if you do not abide by the terms and conditions of this Usage License, in which case you must not use the Product and all of its component parts.You agree that Virtual Horizons and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Virtual Horizons agrees not to use this information in a form that personally identifies you.The Product is licensed as a single product. Its component parts may not be separated for use.The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Virtual Horizons and its suppliers provide the Product and Digital services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.To the maximum extent permitted by applicable law, in no event shall Virtual Horizons or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Usage License, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of Virtual Horizons or any supplier, and even if Virtual Horizons or any supplier has been advised of the possibility of such damages.
BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
LIMITATION OF LIABILITYWe are not liable for the completeness, accuracy or correctness of any of the information, services and other content contained on our Services and any related content. You expressly agree that your use of the Services and our website, including reliance on any information, services and other content contained on our Services, is at your sole risk. You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Virtual Horizons and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
AVAILABILITY OF THE WEB SITEThe Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.Virtual Horizons accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.These Terms and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
CHANGES TO TERMS OF CONDITIONS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
BINDING ARBITRATIONIf we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
GOVERNING LAWS
These Terms and the relationship between you and us shall be governed by the laws of the State of Arizona, and you agree to submit to the exclusive jurisdiction of the Courts of Phoenix.