Public offer agreement

 

Terms and Conditions

 

Last Updated: 01-10-2024

 

These Terms and Conditions ("Terms") govern your access to and use of the SunPeak Innovations website ("Site"), the cloud automation platform SunPeak ("Platform"), and the mobile application SunPeak ("Application"), collectively referred to as the "Services", located on the Internet at www.sunpeaki.com on the relevant pages. By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, please refrain from using our Services.

For the purposes of these Terms, the “Company" refers to the individual entrepreneur Feoktistov Konstantin, registered No 302320879 at Georgia, Tbilisi, Chugureti District, MikheilTsinamdzghvrishvili Street, N 52, Attic.

1. Acceptance of Terms

By accessing and using the Services, you accept and agree to be bound by these Terms and any additional terms and conditions posted on the Site, Platform, or Application.

 

2. Privacy Policy

Please refer to Section 15 of this document for our Privacy Policy, which outlines how we collect, use, and disclose your personal information. Your use of the Services signifies your acceptance of our Privacy Policy.

 

3. Account Creation and Usage

3.1 You must be at least 18 years old or the age of majority in your jurisdiction to create an account and use the Services.

3.2 Users can create accounts on the Platform using their mobile phone numbers.

3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

 

4. User-Generated Content

4.1 Users may upload content to the Platform, including images of their objects, through the Site or the Application.

4.2 By uploading content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, modify, display, and distribute your content as part of providing the Services.

4.3 You are solely responsible for the content you upload and warrant that it does not violate any laws or infringe the rights of others.

4.4 The Company reserves the right to remove or modify any content that violates these Terms or is deemed inappropriate.

 

5. Purchases and Subscriptions

5.1 Users can purchase subscriptions and additional services within the Application and Platform.

5.2 Visitors to the Site can purchase products manufactured by the Company or products supplied by the Company.

5.3 All purchases are subject to the Company's Return and Refund Policy, outlined in Section 16 of this document.

5.4 The Company may announce special offers, discounts, and change prices and delivery terms for products and services at any time before payment by the customer. These changes will be reflected in the user interface of the Site, Platform, or Application before the payment page.

5.5 Payment for products and services on the Site, Platform, and Application constitutes an unconditional acceptance of the offer by the purchaser.

 

6. Purchase of Physical Goods

6.1 Product Specifications: By purchasing physical goods on the Site, Platform, or Application, the customer agrees to the parameters, specifications, and descriptions provided for each product. The Company ensures that all product details, including specifications and quality standards, are accurately described.

6.2 Pricing and Payment: The customer agrees to the price indicated at the time of purchase. All prices are listed in the currency specified on the Site and may include applicable taxes. Payment methods and conditions are provided during the checkout process.

6.3 Delivery: The Company will provide the delivery methods, estimated delivery times, and terms for each product. Delivery terms may vary depending on the customer's location and the selected shipping method. The Company is not responsible for delays due to factors beyond its control, including customs clearance, logistical issues, or other force majeure events.

6.4 Certificates and Warranties: The Company ensures that all physical goods meet the quality and safety standards required by the laws of Georgia. Certificates and warranty information, if applicable, are provided with the product. The customer agrees to adhere to the terms of the warranty, including any requirements for product maintenance, usage, and service.

6.5 Exchange and Return Policy: Please refer to Section 16 of this document for our detailed Return and Refund Policy.

6.6 Customer Responsibilities: Customers are responsible for ensuring the accuracy of their order details, including shipping address and contact information. The Company is not liable for issues arising from incorrect or incomplete information provided by the customer.

6.7 Force Majeure: The Company is not liable for failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, strikes, or government regulations ("Force Majeure Events"). If a Force Majeure Event occurs, the Company will notify the customer promptly and take reasonable steps to mitigate the impact.

 

7. Intellectual Property Rights

7.1 All content on the Site, Platform, and Application, including branding, logos, trademarks, software, and intellectual property, is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

7.2 Unauthorized use of the Company's intellectual property is strictly prohibited. You may not reproduce, distribute, modify, or create derivative works of any material from the Services without express written permission from the Company.

 

8. Acceptable Use Policy

8.1 You agree not to use the Services to:

• Post, upload, or distribute content that is unlawful, defamatory, abusive, harassing, threatening, harmful, vulgar, obscene, or otherwise objectionable.

• Violate the rights of others, including privacy, intellectual property, and data protection rights.

• Engage in activities that could damage, disable, or impair the functioning of the Services or interfere with other users.

 

9. Complaints and Unwanted Content

9.1 Users can report unwanted or inappropriate content by sending an email to info@sunpeaki.com.

9.2 The Company reserves the right to investigate and take appropriate action against any user who violates these Terms, including removing offending content and terminating accounts.

 

10. Disclaimer of Warranties

10.1 The Services are provided on an "as is" and "as available" basis. The Company makes no warranties regarding the Services, including their quality, reliability, or availability.

10.2 The Company does not guarantee that the Services will be uninterrupted, secure, or error-free.

 

11. Limitation of Liability

11.1 To the fullest extent permitted by law, the Company shall not be liable for any damages arising out of your use or inability to use the Services.

 

12. Indemnification

12.1 You agree to indemnify and hold harmless the Company and its affiliates from any claims arising out of your use of the Services or violation of these Terms.

 

13. Changes to the Terms

13.1 The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site, Platform, or Application.

13.2 Your continued use of the Services after changes indicates your acceptance of the revised Terms.

 

14. Governing Law and Jurisdiction

14.1 These Terms are governed by the laws of Georgia.

14.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of Georgia.

 

15. Privacy Policy

15.1 Collection of Personal Information: We collect personal information such as your name, email address, phone number, and payment details when you interact with our Services.

15.2 Use of Personal Information: The Company uses this information to provide and improve the Services, process transactions, send notifications, and personalize user experience. You may opt-out of marketing communications at any time.

15.3 Sharing of Personal Information: We do not sell or trade your personal information. We may share it with trusted third parties who assist us, provided they keep it confidential.

15.4 Data Security: We implement measures to protect your information but cannot guarantee absolute security due to internet nature.

15.5 User Rights: You have the right to access, modify, or delete your personal information by contacting us.

 

16. Return and Refund Policy

16.1 Return Eligibility: Products can be returned within 14 calendar days of receipt if they are unused and in original condition with packaging and documentation.

16.2 Return Procedure: Initiate a return by contacting us through the Site or via email.

16.3 Refunds: Refunds are processed using the original payment method. Processing times may vary.

16.4 Exclusions: Certain products like perishable goods, personal hygiene items, digital goods, and custom-made items are not eligible for return.

16.5 Responsibilities of the Parties: Customers bear the cost of return shipping unless the return is due to a defect or Company error.

 

17. Termination

17.1 The Company reserves the right to suspend or terminate your account without notice for conduct violating these Terms.

 

18. Contact Information

For questions or concerns, please contact us at info@sunpeaki.com.

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IE Feoktistov Konstantin