Terms and Conditions
Effective 14 June, 2016
How these terms apply to the sale and purchase of VerveLife Products
These Terms and Conditions of Sale (together with any relevant documents referred to and referenced in this document) set out the terms on which we supply software, hardware and services (“Goods”, "Product(s)") listed on our Website verve.life (“Website”, “Site”) to you as a user of this Site (referred to as "you/your"). By registering your details or procuring a product through this site you agree to these terms and conditions.
Each time you purchase Products through this Site you will be required to click the "Confirm & Pay" button to complete the order. By clicking the "Confirm & Pay" button and/or by using this Site to purchase Products you are accepting these terms and conditions of sale. Please read these terms and conditions carefully before ordering any of the Products from our Site. If you have any queries on these terms please Contact Us before placing any order.
We recommend you review these terms and conditions each time you purchase Products and print a copy of these terms and conditions for your future reference.
The Site is operated by Exclusive Group LLC dba Binatone North America (referred to as "Binatone/we/our/us"), a company registered in the United States of America under company EIN 26-3962116 and with its registered office at 11550 North Meridian Street, Suite 525, Carmel, IN 46032, North America.
The Service is offered to consumers as an eCommerce platform for products offered by Binatone Electronics International Limited ('BEIL'), an official MOTOROLA licensee. The MOTOROLA products on the Service are provided by BEIL and the Service is operated and supported by Binatone North America. The product catalogue is kept up-to-date to ensure that this Service has the most current information about the products found on this Website, sourced directly from BEIL. As a part of the Service materials will be translated into languages other than English and provided for reference to users of the Website.
1. General Terms & Conditions
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the terms and conditions on each occasion you use the Site. Your continued use of the Site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on the website does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion up to the point we dispatch to your order.
1.3 You may not purchase any item from this Site for the purpose of resale by you or any other person.
1.4 You may only place an order through our Site if you are at least 18 years old.
2. Ordering Terms & Conditions
2.1 Please see the Shipping Information for information on how to place an order. All orders that you place on the Site will be subject to acceptance in accordance with these terms and conditions.
2.2 We will send to you an order acknowledgement email detailing the Products you have ordered. Please note that this email is not an order confirmation or order acceptance from Binatone.
2.3 The contract between us (“Contract”) will only be formed when we send you the Product Despatch Confirmation.
2.4 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation.
2.5 If we are unable to supply you with a Product, for example because that Product is not in stock, we will inform you of this by email and we will not process your order for this product. If you have already paid for the Products, we will refund you the full amount as soon as possible through the process you made the payment.
2.6 Price and Payment
2.6.1 We accept the following cards: Visa, Visa Debit, MasterCard, Discovery and American Express. We also accept PayPal.
22.214.171.124 If you are paying by credit or debit card, we will not take payment from your card until the time that we despatch your order.
126.96.36.199 If you are paying by PayPal we will take payment at time of ordering. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given for the Products not supplied.
2.6.3 The price you pay is the price displayed on this Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakable.
2.6.4 For information about secure online ordering see Safe & Secure Online Shopping.
2.6.5 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
2.6.6 Prices are liable to change at any time and subject to variation due to currency fluctuations, taxes and shipping requirements to certain locations but, changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. Duties, taxes, fees, levies and other insurance and delivery charges, shall all be borne and paid in full by you, unless otherwise expressly stated.
3. Delivery Terms & Conditions
3.1 Delivery charges and estimated timescales are specified in Delivery Information and also when you place an order. Your order will be fulfilled on our best endeavours by the delivery date set out in the Despatch Confirmation or, if no date is specified, within thirty days of the date of the Despatch Confirmation.
3.2 We make every effort to deliver the Products within the estimated timescale, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 6, Binatone shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
3.3 We will deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery to your address.
4. Returns Terms & Conditions
4.1 Non-receipt of Product: if you do not receive Products ordered by you within one month of the date on which they were despatched to you, please contact us at email@example.com
4.2 Return of goods: Unless faulty, items must be returned within 14 days of purchase. Items packaged in a box, for protection, must be returned as they arrived, unused and in a saleable condition. We will refund any postage you pay to return a product but only when the product is faulty or damaged. UK customers will receive a pre-paid returns label to use when returning goods. Refunds will be processed within 14 days after the day on which we receive the goods. Your refund will always be made to the original purchase method. So if you paid with a credit card, it will be refunded to that card. If you paid with PayPal, it will be refunded there. Most credit card companies will refund you within 5 working days, however this can vary from card to card. PayPal will email you immediately when a refund has been made to your account.
4.3 Incorrect/Faulty/Defective Goods: we take great care in the despatch and packaging of our items. In the unlikely event of faults with, or damage to, the Products or if you have received an incorrect Product please contact us at firstname.lastname@example.org. If you notify us that you have received an incorrect or faulty Product, we will ask you to return the Product to us at our expense and once, acting reasonably, we have examined the Product and confirmed it is an incorrect or faulty Product, we will (at your option) replace the Product or provide you with a refund.
4.4 Right to cancel
4.4.1 You, as a consumer, have the right to cancel your order within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you received physical possession of the last item or part piece of your order.
4.4.2 To exercise the right to cancel, you must inform us of your decision to cancel your order by a clear statement (e.g. a letter sent by post, fax or e-mail). We will communicate to you an acknowledgement of receipt of request.
4.5 Contact details
Vervelife Internet Returns
Binatone North America
4800 Alliance Gateway Freeway Suite 130
Fort Worth, TX 76177
4.6 Effects of cancellation
4.6.1 If you cancel your order, we will reimburse to you all payments received from you, including the costs of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will refund any postage you pay to return a product only when the product is faulty or damaged, not when a product is simply unwanted.
4.6.2 We will make the reimbursement without undue delay, and not later than:
(a) 14 days from the day you return any goods supplied if dispatched before cancellation, or provide evidence that you have returned them; or
(b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel this contract.
4.6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you and we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
4.6.4 If the product(s) was dispatched, you shall send back the product(s) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from your order to us. The deadline is met if you send back the product(s) before the period of 14 days has expired. Please ensure you return your unused Product(s), as sold, with all its original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product. It is important that you return the product exactly as you received it to be eligible for a full refund, any product returned without the product, accessories, cables, instruction manual, QSG or original packaging will not be refunded. If the returned item is received broken, damaged or missing any of the original parts we will not issue a refund and you have the option to receive the damaged item back at your cost. Please do not apply the Returns label directly to the product packaging.
4.6.5 The Products should not be used or damaged in any way. Returns will only be accepted if the items are unused and in their original condition. You are only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s).
4.6.6 We do not accept responsibility for any Product(s) returned to us that are damaged or lost in transit without proof of posting.
Online purchases must be returned via post. All returns of non-faulty products are returned at the customer’s cost. There is no need to contact us prior to returning your product(s).
5. Intellectual Property Terms & Conditions
5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
5.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. Liability Terms & Conditions
6.1 Subject to Clause 6.3 below, we will use reasonable endeavours to verify the accuracy of any information on the Site but we make no representation or warranty regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site is free of viruses or bugs and Binatone accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site.
6.2 This clause sets out our entire financial liability to you in respect of:
a) any breach of contract; and
b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our Contract.
6.3 Nothing in this agreement shall limit or exclude our liability for:
a) death or personal injury resulting from negligence; or
b) fraud or fraudulent misrepresentation; or
c) any other liability which may not be lawfully excluded.
6.4 Without prejudice to clause 6.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a) loss of income or revenue;
b) loss of profits or contracts;
c) loss of opportunity;
d) loss of goodwill;
e) loss of business;
f) loss of anticipated savings; or
g) indirect or consequential loss of any kind; However arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.5 Subject to clause 6.3 and 6.4 Binatone's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) you purchased.
6.6 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
7.1 Verve.life Website and associated domains represents the Products and information of Binatone Electronics International Ltd. and is operated by Binatone North America.
8.1 If you wish to prevent or disable cookies:
8.1.1 You can always elect to not use the Website if cookies are not desirable and by doing so are not permitted to use the Service. However, there are several ways to disable cookie functionality, though the Site may not offer all of its features without them;
8.1.2 Set the Internet browser to prompt when a cookie is received or disable cookies altogether. Check your browser's Help menus;
8.1.3 Delete the cookies from the browser cache and Temporary Internet Files after leaving the Website;
8.1.4 Enable private browsing by enabling 'Incognito' in Chrome, 'Private Browsing' in Firefox / Safari or 'In Private' in Internet Explorer.
8.2.1 If you wish to notify third-party advertisers that you do not wish to participate in their programs using cookies it is recommended that you visit http://www.networkadvertising.org/choices/ and follow the detailed instructions there.
8.2.2 To opt-out of Google Analytics go to https://tools.google.com/dlpage/gaoptout and install the browser add-on.
9. Personal Information
Personal Information about you is available at your request and can be changed at your request. All necessary steps must be taken to validate your identity before the request is fulfilled. Personal Information will be requested and compared to the records the Service has on file to the satisfaction of the Binatone representative. Accounts that have been compromised in the past may require multiple validation tests to satisfy the requirement. This is for your protection and cooperation is expected.
You are responsible for ensuring that the information the Service has on file for you is accurate at all times.
9.1 Use of Personal Information
Binatone will use your personal information for the following purposes with consent inferred:
9.1.1 to provide you with a convenient, personalised experience on the Website and Service;
9.1.2 to provision services and products requested by you and notify you as such;
9.1.3 to enable staff, vendors and contractors to provide and assist in the support of such services and products to you;
9.1.4 to generate statistical information and demographics about our Service;
9.1.5 to make improvements to interface, performance and service quality for the Service.
9.2 Consent to use Personal Information
Binatone will use your Personal Information only with explicit consent from you:
9.2.1 to market products, updates, special offers and services to you that we believe may be of interest;
9.2.2 to run promotions and special activities that enhance the Service experience.
9.3 Security of Personal Information
9.3.1 Binatone has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. Operations guidelines ensure privacy is safeguarded at every level of our organisation.
9.3.2 Suspicion of a security breach or compromise of your personal information should be immediately reported to Customer Support to minimise damage and risk. The agent will assist with securing the account and investigating the extent of the breach. Consumer Protection Law protects any victim of fraud from charges or penalties if the activity is quickly reported and full cooperation is provided to the Vendor or Service Provider to investigate.
9.3.3 A breach that is not reported within 24 hours of detection can increase risk to the platform and other third-parties. This is a violation of the terms and conditions and it will result in immediate suspension of the ‘Account’ and may lead to legal action from Binatone or from third-party Partners if the conduct is found to be irresponsible.
9.4 Under no circumstance will Binatone disclose or share your Personal Information with any third party unless you have given express permission.
9.5 Binatone may also use and disclose your Personal Information when you have been involved in violations of our Site terms and conditions. These cases may involve law enforcement personnel to detect and prevent unlawful access to your Personal Information or to investigate activities that threaten the integrity of the Service and our network.
10. Security of Digital Transmissions
10.1 Key communications with the data centre are encrypted in transit using Secure Sockets Layer (SSL) with Transport Layer Security (TLS) to restrict third-party eavesdropping to the Service. This mechanism will protect the transmission of Personal Information as it travels to our infrastructure, where it is protected by our security. The browser will display a lock icon to validate the use of SSL on secure parts of the Site where forms collect data, payments are processed and Personal Information is handled or updated.
10.2 Binatone uses industry standard browser encryption with a bit-strength of 128-bit or 256-bit to secure communications.
10.3 Personal Information which you voluntarily include and transmit through publicly accessible forums (i.e., chat rooms, blogs, instant messaging) may be viewed and used by anyone with access to such forums. Binatone assumes no responsibility for anything that is shared from the Service to one of these mediums.
11. Third-party Interactions on the Website
11.1 Binatone's Website(s) may allow third parties to provide products and services directly to Binatone customers. Such relationships are often designated with a 'Provided By' or 'Powered By' company logo or other similarly worded designation. When processing or performing the named function that party will collect your information and share Personal Information with Binatone. You may review the privacy practices of the third party either by clicking the link on the bottom of the page or by clicking on the 'Provided by Company' logo, which will take you to their Website.
11.3 Partners, promotions and other third-party content is validated against standards and conditions but it always possible that something slips through checks and balances. If any partner or content is discovered to be fraudulent or employ questionable conduct we will remove their advertisements, product or service from the Website. Report all scams or abuses to email@example.com
12. Miscellaneous Provisions Terms & Conditions
12.1 The Contract between us shall be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute between us.
12.2 We have selected our Products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Product(s) in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
12.3 Binatone shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
12.4 To provide increased value to our customers, we may provide links to other Sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external Sites, the content of those Sites or for any use you may make of them.
12.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Product(s) to any third party unless agreed upon beforehand in writing by Binatone. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
12.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
12.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party to them.
12.8 No delay or failure by Binatone to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Binatone.
12.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and Binatone relating to the use of the Site (including the order of Products) and sets forth the entire agreement and understanding between you and Binatone for your use of the Site.
12.10 When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.11 All notices given by you to us must be sent to Binatone North America, 11550 North Meridian Street, Suite 525, Carmel, IN 46032, North America. We may give notice to you at either the email or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an email is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The Verve.life Website is operated by:
Exclusive Group LLC dba Binatone North America, 11550 North Meridian Street, Suite 525, Carmel, IN 46032, North America.
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Verve.life Website, please see the Customer Support section for more information and full contact details.