Terms of Service

TERMS AND CONDITIONS OF SERVICE

 

Your use of the Raintree website (“Our Website”) is expressly conditioned on your acceptance of Raintree Terms and Conditions of Service (“Terms and Conditions”).

The Terms and Conditions apply to the use of the services or access to the services available through Our Website. By using Our Website, you unconditionally agree and accept to be legally bound by the Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not, or must cease to, use the services on and cease to access any of the services available through Our Website.

Certain products and services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. These specific terms and conditions shall include any terms and conditions found on your screens and when using any part of Our Website. In the event of any inconsistency between the product or service specific terms and conditions and the Terms and Conditions, the specific terms and conditions shall prevail in relation to the product or service in question. Any other conditions appearing elsewhere and any variation of these terms and conditions is inapplicable unless accepted in writing by Raintree.

OWNERSHIP

Raintree is the operator of this site. Our website, and each of its respective modules, together with the arrangement and compilation of the content found on Our Website, are the copyrighted property of Raintree.

Nothing contained on Our Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the content on Our Website or Trademarks without the prior written permission of Raintree, or such other party that may own the content on the site or the Raintree Trademark.

Raintree grants you a limited, non-exclusive, non-transferable right to use Our Website in accordance with the Terms and Conditions. You agree that you shall not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Our Website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.
  6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Raintree at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You agree that you shall be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of Our Website.

Contract Formation
  1. The information set out in details in this Site does not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between the customer and Raintree until we have shipped the Products to your address.
  2. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
  3. A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
Prices

Prices are subject to change without notice, but any such changes shall not affect accepted orders scheduled for delivery/shipment.

We will endeavour to maintain the accuracy of all details, prices and descriptions which appear on Our Website, however there may be instances where errors may be present. If there is an error in the pricing of any product you have placed an order for, we will contact you and as soon as reasonably possible to provide you the option to cancel or reconfirm your order. If you are uncontactable we will treat the order as cancelled.

If you wish to request a cancellation of an order prior to us shipping the order to you, you must notify us immediately via emailing us at ask@raintreeshop.com. We will assess the cancellation request and notify you of status within 7 working days.

Warranty And Limitation of Liability

While we will make our best efforts to ensure that all content on our website is updated and accurate, the content is on an ‘as is’ basis without warranty of any kind either express or implied.

To the fullest extent possible allowed permissible pursuant to applicable laws, Raintree hereby excludes all conditions, warranties including but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a specific purpose, accuracy with description, and other terms which might otherwise be express or implied by statute or common law.

Raintree shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or loss of profits, use, damage to goodwill or reputation, or the cost of sourcing of substitute goods and services, arising out of or related to the use, performance or failures of this website and any material hosted on this website, irrespective of such damages were or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Our maximum aggregate liability to you under, related or in connection with this agreement whether in contract, tort (including negligence), strict liability or otherwise shall be limited to the value of the goods.

Raintree shall also be entitled to determine and alter this agreement of sale in the event that the buyer becomes insolvent, bankrupt or the likes. Only duly authorised officials of Raintree shall have the power to alter or amend the terms of any agreement binding upon Raintree.  No such amendment or alteration shall be binding upon Raintree unless in writing and signed by such person.

Nothing in these Terms and Conditions shall exclude or limit Raintree’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to defend, indemnify, protect and hold harmless Raintree, its Officers, Directors, employees, agents, Subsidiaries and Affiliates from and against any and all claims, losses, liens, demands, attorneys’ fees, damages, liabilities, costs, expenses, obligations, causes of action, or suits, (collectively “Claims”) to the extent that such Claims are caused by, arise out of from your use of this website or your breach of the Terms and Conditions.

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