Terms & Conditions
Effective Date: December 1, 2016
General Terms & Conditions
Purpose of the Website
The purpose of the Website is to provide You with information about HALLONPOWER, our business, products, stores, activities and campaigns that we support.
Please note that if You access any of our other on-line web stores or web pages around the world, other or additional Terms may apply (e.g. relating to the sale and delivery of goods).
Availability of the Website
HALLONPOWER has taken every measure possible in the preparation of the Website to ensure its availability to its visitors. However, we cannot guarantee uninterrupted access to the Website at all times as certain technical matters may be beyond our control.
Information on the Website
The information on the Website has been provided in good faith for general informational purposes only and should not be relied upon for any specific purpose. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Website.
HALLONPOWER makes no representation and gives no warranty as to its accuracy or completeness. It is your responsibility to verify any information contained in the Website before relying upon it.
Product and service availability
Any reference to any product or service on the Website does not constitute an offer by HALLONPOWER to sell or supply that product or service. Furthermore, depending on the country where HALLONPOWER is operating in, any such reference may differ in name or description to the actual product or service or may even be unavailable.
Unless otherwise stated, HALLONPOWER or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
Licence to use the Website:
HALLONPOWER All Rights Reserved. The contents of the Website are © HALLONPOWER. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
- Licence to recopy for limited purposes:
You may recopy the material to individual third parties for their personal information and personal use only, but only if:
- You acknowledge the source of the material as being the Website of HALLONPOWER, by prominently displaying the top-level URL of our Website (e.g. http://HALLONPOWER.com/) in the copy of the material; and
- You inform the third party that these conditions apply to them also and that they must comply with these conditions.
Under no circumstances are You authorised to:
- republish material from the Website (including republication on another Website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- access the Services in order to build a similar or competitive service;
- interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Website or the Services, or violate the regulations, policies, or procedures of such networks;
- access (or attempt to access) any of the Services by means other than through the interface that is provided
- remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Website or the Services.
- redistribute material from the Website, except for content specifically and expressly made available for redistribution (such as our newsletter).
No part of the Website of HALLONPOWER may be reproduced or transmitted to or stored in any other website or other form of electronic retrieval system.
HALLONPOWER reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. You agree that HALLONPOWER will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Use of our Website by You must be in compliance with all applicable laws and regulations. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of its availability or accessibility.
You are fully responsible for the content of Your communications and You warrant and undertake to us that any materials or communications originated or sent by You through our service is not:
- defamatory, offensive, indecent or of an obscene or menacing nature;
- likely to cause disturbance, harassment, annoyance, inconvenience or anxiety to any person;
- likely to breach any copyright or confidentiality or privacy or other intellectual property of any person;
- fraudulent or connected in any way with the committal or possible committal of a criminal offence;
- material of a racial or sexually discriminatory nature;
- "spam" mail;
- material that contains a mail bomb, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious/disruptive computer software;
- in breach of these Terms and conditions of use.
We will not be liable to You for any loss, corruption or damage to Your Communications or Your Material.
Except as expressly permitted by these Terms and conditions:
- You may not carry out any data collection activities including, without limitation, data harvesting, scraping, data mining and data extraction on or in relation to our Website.
- You may not copy, download, extract, transmit, display, adapt, alter, re-utilise, create derivative works from any of the contents of the Website for any purpose including, without limitation, to reproduce, redistribute, republish, cache, provide access to third parties or mirror.
- You may not use our Website for any marketing purposes without our express written consent.
- You may not transmit or send unsolicited communications via our Website.
The Website may give You the ability to access content, such as music or video services, television or other material, controlled or provided by third parties ("Third-Party Content").
You understand and acknowledge that:
- Third-Party Content remains the property of the applicable third parties, who have the sole right to determine your rights to use such content;
- HALLONPOWER is not responsible for, and has no editorial control over, any Third-Party Content, and does not sponsor or endorse any such content;
- HALLONPOWER has no control over the distribution of Third-Party Content.
- HALLONPOWER will have no liability to You or to any third parties, related to or arising out of to any Third-Party Content;
- Unauthorized copying or distribution of copyrighted or trademarks may constitute an infringement of the copyright or trademark holders' intellectual property rights;
- HALLONPOWER reserves the right to terminate your right to access and use the Website or Services and delete your account if HALLONPOWER believes in good faith that You have used the Website or Services to infringe upon the intellectual property rights of others.
If You wish to use certain of the facilities provided by the Website, You will be required to register (“Registered Account”). If You do not register then facilities including order history, returns, affiliate services, subscriptions and credit notes will not be available to You.
Upon registration, You confirm and warrant that all the information supplied by You is, in all respects, true, complete and accurate. You agree to maintain and keep your details up-to-date and You must ensure that your password is kept confidential.
If HALLONPOWER has reason to believe that there has been or is likely to be a breach of security or misuse of the service, HALLONPOWER may change your password and notify You accordingly.
You are solely and fully responsible for any activity on our Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. If You become aware of any unauthorised use of your account or password, You must notify us in writing immediately.
Your account includes provisions for You to change your password and registration details as well as a password reminder service.
Ending the Service
These Terms will remain in full force and effect so long as You continue to use or access the Website and/or the Services, or until terminated in accordance with the provisions of this Section. You may terminate your account and your right to use the Services for any reason, at any time.
At any time HALLONPOWER may suspend or terminate your access to and/or use of part or all of our Services, without notice or explanation, if HALLONPOWER in good faith and without limitation believes that:
- You have broken any provision of these Terms and conditions.
- You have provided false information on registration or that You have failed to notify us of any changes to this information.
- Your Registered Account is being used in a manner prohibited in the Terms and conditions of use policy. Any delay on our part in acting on a breach of these Terms and conditions will not be regarded as a waiver of the breach.
Your content: licence:
You warrant and represent that Your Content:
- Will not infringe or violate someone else's rights or otherwise violate the law.
- Will not give rise to legal action whether against You or us or a third party.
- Will not be the subject of any threatened or actual legal proceedings or other similar complaint.
- Will not contain anyone's identification documents or sensitive financial information.
You grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use reproduce, adapt, publish, translate and distribute any of Your Content in any media. You also grant to us the right to bring an action for infringement of these rights.
The Website and the Services are provided for your convenience, on an "as is" and "as available" basis, without warranty of any kind. To the maximum extent permitted by applicable law, HALLONPOWER and its licensors and suppliers exclude all representations, warranties and conditions, whether express or implied, relating to the Website and the use of the Website, including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill, accuracy, and non-infringement.
HALLONPOWER and its licensors and suppliers make no warranty that the Website or the Services:
- will meet your requirements;
- will be compatible with your computer or mobile device;
- will be available on an uninterrupted, timely, secure, or error-free basis; or
- will be accurate, complete, up to date, reliable or that defects will be corrected;
- will be free of viruses or other harmful components. You assume the entire risk with respect to your use of the Website or Services.
No advice or information, whether oral or written, obtained by You from HALLONPOWER, any dealer or through the Website or the Services shall create any warranty with respect to the Website or the Services.
Furthermore, HALLONPOWER makes no warranties, express or implied, with respect to any professional services performed by any HALLONPOWER dealers.
Limitations and exclusions of liability:
- limits or excludes our or your liability for death or personal injury resulting from negligence;
- limits or excludes our or your liability for fraud or fraudulent misrepresentation;
- limits any of our or your liabilities in any way that is not permitted under applicable law; or
- excludes any of our or your liabilities that may not be excluded under applicable law.
- are subject to the preceding paragraph; and
To the extent that the Website and the information and Services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable for any damages or business losses including without limitation, special, indirect or consequential damages, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, howsoever arising out of your use of the Website.
- We will not be liable to You in respect of any loss or corruption of any data, database or software.
- We are not responsible for any other website to which this Website is linked and do not accept liability for any information or advice given on such websites.
- We will not be liable for any failure to perform any of our obligations under these Terms and conditions or for any losses arising out of any event or events caused by matters beyond our reasonable control.
Breaches of these Terms and conditions
- suspending your access to the Website,
- prohibiting You from accessing the Website,
- blocking computers using your IP address from accessing the Website,
- contacting your internet service provider to request that they block your access to the Website and/or
- bringing court proceedings against You.
Privacy of personal information
From time to time and for your own convenience we may provide links to other websites. If You decide to access linked third party websites You acknowledge that You do so at your own risk. We do not endorse or take responsibility for the content of those websites. We are not responsible for the availability of those websites and You acknowledge that HALLONPOWER will not be liable in any way for any loss or damage which You may suffer by using those websites.
It's your responsibility to check whether the Terms and conditions have been revised. Your use of this Website after the date on which we post the revised Terms and conditions shall be deemed to constitute your acceptance of the revised Terms and conditions.
If You do not agree to be bound by these Terms and conditions You must stop using the Website immediately.
Matters beyond our reasonable control
We will not be liable for any disruption/termination of our Services that may be caused because of matters beyond our reasonable control (whether or not involving our employees), such as technical failure, lightning, flood, severe weather, fire or explosion, civil disorder, war or military operations, natural or local emergency, government (or other competent authority) action or industrial disputes of any kind.
Exclusion of third party rights
Governing Law and Jurisdiction
Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.
The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language, and this Agreement will not be construed against the drafting party. You may not amend this Agreement except in a writing signed by HALLONPOWER.
Failure by HALLONPOWER to enforce any of the terms of the Terms and conditions of this Agreement shall not constitute a waiver or relinquishment of the right of HALLONPOWER to do so at any time.
Copyright 2016 HALLONPOWER®. All rights reserved.
All trademarks, logos, trade names and service marks ("Marks") displayed on the Website or the Services are the property of HALLONPOWER or of their respective holders.
You are not permitted to use any of the Marks without the applicable prior written consent of HALLONPOWER or such respective holders.
HALLONPOWER reserves the right to alter products and services, offerings, specifications and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
Addendum to General Terms and Conditions
This Agreement shall apply to all orders placed with HALLONPOWER (“Seller”, “Us”, “We”) by YOU (“You” or “User” or “Buyer”). This Agreement between Buyer and HALLONPOWER constitutes an addendum (“Addendum”) to the Contract referred in the Introduction of the “General Terms and Conditions” of HALLONPOWER.
It governs all purchase orders and/or long term contracts entered into between Buyer and Seller related to any goods and/or services to be provided by Seller to Buyer ("Goods and Services") and especially with respect to “The X6-Electromod” Solution and/or its constituent parts (“Solution”).
Seller and Buyer now desire to amend the Contract in the respects, but only in the respects, hereinafter set forth.
1. Affirmed Knowledge of the The X6-Electromod Solution.
Buyer affirms that he or she understands, that The X6-Electromod offered by HALLONPOWER is not a product per se, but instead it is a collection of products from various manufacturers, including Seller, brought together to form a Solution. As such The X6-Electromod Solution can also be referred to as a “kit”.
The Buyer acknowledges and agrees that due to the niche nature of the Solution, it is subsequently being custom manufactured by Seller upon receiving each order and as such, (i) delivery times will vary based on the delivery delays experienced by HALLONPOWER in procuring the constituent components of the Solution. (ii) Seller cannot offer any kind of limited trials or money-back guarantees, thus any returns will only be accepted if they fall under the warranty terms outlined in Section "Warranty".
Seller may from time to time provide technical information and instruction to Buyer regarding the use of The X6-Electromod Solution via its Website, manuals, videos or various other media. Buyer agrees to use best efforts to incorporate this information and instruction in his or her installation and/or usage of The X6-Electromod Solution.
2. “Backbone” components to the Solution.
HALLONPOWER manufactures and sells various component parts of The X6-Electromod Solution either separately, in bundles or in kits under the name “The X6-Electromod” (which is the “backbone” of the Solution). HALLONPOWER takes the utmost care to provide the Buyer with as much information about its products and specifies exactly what is included in each bundle and in each kit at any given time.
3. Extraneous essential components to the Solution (“Essential”).
HALLONPOWER also takes the utmost care to provide the Buyer with information such as which Essential components are required to complete The X6-Electromod Solution but are not supplied by HALLONPOWER - the reasons being that HALLONPOWER chooses to concentrate solely on designing and manufacturing the parts of the Solution that are not available from any other manufacturer or that it is simply impractical or uneconomical. The Buyer acknowledges and agrees that these Essential parts must be purchased from their respective manufacturer or supplier in order for them to complete their X6-Electromod Solution.
HALLONPOWER also takes the utmost care to provide the Buyer with exact requirements of such extraneous but Essential items to the Solution and even provides suggestions and recommendations in order to assist the Buyer to complete The X6-Electromod Solution. Buyer acknowledges that these Essential components are important to achieving proper function of the Solution and agrees to seriously consider the recommended products, as provided by Seller on our Website and our manuals, for the successful completion of the Solution.
Buyer agrees that the provisions as stated in Section “Product and service availability” of the “General Terms and Conditions” shall also apply under this Addendum, and as such the Buyer acknowledges and agrees that any reference to any product or service on the Website does not constitute an offer by HALLONPOWER to sell or supply that product or service.
Due to the variety of components comprising the Solution, HALLONPOWER reserves the right to modify its prices, designs, products and/or their constituent components at any time and without notice depending on availability from its suppliers or any other factors. All manufacturer names, symbols, and descriptions, used in our images and text are used solely for identification purposes only. It is neither inferred nor implied that any item sold by HALLONPOWER, is a product authorized by or in any way connected with any other manufacturers whatsoever.
4. Proprietary Rights.
All non-public information concerning The X6-Electromod Solution shared with Buyer is confidential and/or proprietary information of Seller or its licensors (“Proprietary Information”) and is shared with the Buyer solely for the purpose of helping him or her to complete the Solution. Buyer shall, and shall ensure at all times, keep in trust and confidence all such Proprietary Information, and not disclose Proprietary Information to any third party, or make any use of Proprietary Information, except as may be necessary for the purpose described above in this Section. Buyer will not permit any third party to copy, disassemble, or reverse engineer any part or assembly of parts of the Solution. Without limiting any other legal or other remedy, Seller may enforce the covenants stated in this Section by injunction or other equitable remedy.
5. Buyer Responsibility.
The Buyer acknowledges and agrees that it is his or her responsibility to ensure that the Solution is fit for his or her own purposes and needs. You also acknowledge and agree that it is your responsibility to ensure the availability and procurement of any extraneous Essential components to the Solution, preferably before placing an order with HALLONPOWER.
The Buyer acknowledges and agrees that in order for the Buyer to complete their X6-Electromod Solution to full functionality, the Solution must be installed in their vehicle. Seller recommends that the installation be performed by a qualified vehicle electrician. Incorrect installation of the Solution may damage the components and lead to serious accidents or even the loss of life. Even though the installation procedure is simple and could be performed personally by the Buyer, doing so will invalidate Your warranty and is undertaken solely at Your own risk.
Seller offers a 1-year warranty on The X6-Electromod Solution kits, bundles and parts offered on our Website, starting from the date the Seller receives an order, as follows:
Work is guaranteed to be free of defects due to materials and workmanship.
For any valid warranty claim during the 1-year period, Buyer has the following remedy:
(i) remake/repair of the appliance during the warranty period. No refunds will be issued of any kind.
Seller offers no warranty for repairs resulting from wear and tear, accident, neglect, abuse, improper use and any adjustments to the appliance made by Buyer or third parties.
To receive warranty benefits, Buyer must provide Seller with proof of purchase, including invoice, installer’s name/qualifications/contact details, and after approval by Seller, return the original product to Us following Our prescribed procedure.
The Buyer acknowledges and agrees that You shall indemnify, hold harmless and defend HALLONPOWER and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits
brought against HALLONPOWER or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by HALLONPOWER or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, arising out of or relating to
(i) Your breach of any Term or condition of this Agreement, (ii) Your use of the Website, (ii) Your installation or usage of the Goods and Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Website or the Goods and Services, (iv) any representations and warranties made by You concerning any aspect of the Website or the Goods and Services, to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Website or Your installation or usage of the Goods and Services; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Website or the Goods and Services. HALLONPOWER will provide You with written notice of any claim, suit or action from which You must indemnify HALLONPOWER. You will cooperate as fully as reasonably required in the defense of any claim. HALLONPOWER reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. This clause shall survive termination of this agreement for any reason whatsoever.
8. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, HALLONPOWER MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
9. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HALLONPOWER WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE HALLONPOWER OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. HALLONPOWER'S (AND ITS WHOLLY OWNED SUBSIDIARIES') TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED €10 (EUR).
Seller reserves the right to change these Terms and conditions or any additional terms that apply to the Goods and Services to, for example, reflect changes to the law or changes to the Goods and Services, and may refuse service for any reason. You should look at the Terms regularly. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of HALLONPOWER, (ii) You accept updated Terms online, or (iii) You continue to use the Website after HALLONPOWER has posted updates to the Agreement or to any policy governing the Goods and Services.
If You have any questions about these Terms and Conditions or to report any abuse, please contact us.
Last updated: December 1, 2016