<h1>TERMS OF SERVICE</h1>
<p>2. GENERAL CONDITIONS <br />2.1. We reserve the right to refuse service to anyone for any reason at any time. <br />2.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. <br />2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. <br />2.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. <br />2.5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.</p>
<p>3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION <br />3.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. <br />3.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.</p>
<p>4. MODIFICATIONS TO THE SERVICE AND PRICES <br />4.1. You can review the most current version of the Terms of Service at any time on this page. <br />4.2. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. <br />4.3. Prices for our products are subject to change without notice. <br />4.4. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. <br />4.5. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.</p>
<p>6. ACCURACY OF BILLING AND ACCOUNT INFORMATION <br />6.1. We reserve the right to refuse any order you place with us. <br />6.2. 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. <br />6.3. 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. <br />6.4. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. <br />6.5. 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.</p>
<p>7. THIRD-PARTIES <br />7.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). <br />7.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.</p>
<p>8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS <br />8.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. <br />8.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. <br />8.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.</p>
<p>9. ERRORS, INACCURACIES AND OMISSIONS <br />9.1. Occasionally there may be information on our site 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). <br />9.2. 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.</p>
<p>10. PROHIBITED USES <br />10.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.</p>
<p>11. WARRANTIES <br />11.1. The purchaser warrants that he or she will only use the products and services in accordance with the written instructions provided with the products. <br />11.2. The purchaser shall not and shall not allow any other person to access or manipulate the products in any way that would allow them to copy, alter or reverse engineer the product or any part of it. <br />11.3. The purchaser shall not and shall not permit or cause any person or organisation to: <br />11.3.1. Copy or duplicate any physical form in which the product or any part of it may be stored onto any medium; or <br />11.3.2. Create or recreate or attempt to recreate the source programs, object programs, hardware or any other aspect of the product in whole or in part; <br />11.3.3. Place any such information into the public domain. <br />11.4. AllMyTribe Pty Ltd warrants the hardware product and accessories for one year against defects in materials and workmanship commencing from the date of retail purchase. <br />11.5. AllMyTribe does not warrant its products and accessories for normal wear and tear or for damage caused by accident or abuse. <br />11.6. This warranty will be void if the SPACETALK™ GPD Smartwatch/Phone is opened for any purpose other than installing the SIM Card according to the Product Instructions.</p>
<p>12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY <br />12.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. <br />12.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. <br />12.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. <br />12.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement except as is required by Australian law. <br />12.5. In no case shall AllMyTribe Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.</p>
<p>13. INDEMNITY <br />13.1. You agree to indemnify, defend and hold harmless AllMyTribe Pty Ltd 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 legal costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.</p>
<p>14. SEVERABILITY <br />14.1. In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.</p>
<p>15. TERMINATION <br />15.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. <br />15.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. <br />15.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).</p>
<p>16. ENTIRE AGREEMENT <br />16.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. <br />16.2. These Terms of Service and any policies or operating rules posted by us on this site 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 the Terms of Service). <br />16.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.</p>
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