Terms of Service

Last updated: 2 May 2022

Overview

This Site https://www.rakwireless.com, including all information, tools, and services available herein (the “Site”), is operated by RAKwireless Technology Limited (“we”, “our”, “us”).

By visiting, using the Site and/or purchasing products within the Site you (“you”, “your”) agree to be bound by these Terms of Service (these “Terms”), including those additional terms and conditions and policies referenced herein.

If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms and enter into a binding agreement with us on such entity’s behalf, and you accept these Terms on behalf of such entity and on your own behalf, respectively.

Please read these Terms carefully before accessing or using the Site. If you do not completely agree with these Terms, then you shall not access the Site or purchase any products available herein (the “Products”).

Any new features or tools which are added to the Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on the Site. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our Shipping Policy and Refunds and Exchanges Policy form an integral part of these Terms.

Contact Information

If you have any questions about these Terms, you may contact us using the following web form.

We are RAKwireless Technology Limited

Room 1002 10/F, Easey Commercial Building 253-261 Hennessy RD Wan Chai, Hong Kong

Company registration number: 2565392

Eligibility

  • By agreeing to these Terms, you represent that you are at least the age of majority in the jurisdiction where you reside.
  • You may not use the Site and Products for any illegal or unauthorised purpose nor may you, in the use of the Site, violate any laws in any applicable jurisdiction.
  • You shall not transmit any worms or viruses or any code of a destructive nature.

General Conditions

  • We reserve the right to terminate the access to the Site to anyone for any reason at any time.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site, without our express written permission.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

  • for any unlawful purpose
  • to solicit others to perform or participate in any unlawful acts
  • to violate any applicable regulations, rules, laws, or ordinances
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • to submit false or misleading information
  • 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 Site or of any related Site, other Sites, or the Internet
  • to collect or track the personal information of others
  • to spam, phish, pharm, pretext, spider, crawl, or scrape
  • for any obscene or immoral purpose or
  • to interfere with or circumvent the security features of the Site or any related Site, other Sites, or the Internet.

We reserve the right to terminate your use of the Site in case of violation or infringement of any of the terms and conditions, including the requirements of this section.

Warranties and Representations

You represent and warrant to us that:

  • any payment card or account used by you in connection with the Site or purchase of the Product is either owned by you, or that you are validly authorised to carry out transactions using such payment card or account
  • any funds used by you to carry out transactions in connection with the Site or purchase of the Product are from legitimate sources and were lawfully acquired
  • you are not subject to any sanctions administered or enforced by any country, government or international authority, are not designated on any list of prohibited or restricted persons nor are you resident or established (in the case of a corporate entity) in a country or territory that is subject to a country-wide or territory-wide sanction imposed by any country or government or international authority
  • if you are acting for or on behalf of an entity, such entity is duly incorporated, registered, validly existing and in good standing under the applicable laws of the jurisdiction in which the entity is established, and in each jurisdiction where it conducts business
  • accessing and/or using the Site or Products is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject, and your access to and use of the Site or Products shall be in full compliance with applicable laws
  • you will comply with any applicable tax and data protection obligations in your jurisdiction arising from your using the Site or Products
  • you shall not make any decisions based solely on the information available on the Site, or data and materials otherwise made available by us, and shall conduct your own substantial research and analysis before making any decision
  • your use of information or materials made available on the Site, or otherwise communicated by us, shall be at your own risk, and that nothing contained on the Site shall be deemed a guarantee or promise that such information is true or correct, that you will receive any profit or benefit, or that any transaction carried out via the Site will be beneficial or suitable for you
  • all of the above representations and warranties are true, complete, accurate, and non-misleading.

Use License

We hereby give you the permission (limited, royalty-free, revocable, non-exclusive license) to temporarily use the Site and materials available therein (the “Materials”) for the intended purposes. Under this license you shall not:

  • modify or copy the Site and Materials without our prior consent or if it is allowed under the applicable law
  • use the Site and Materials for any commercial purpose, or any public display (commercial or non-commercial)
  • attempt to decompile or reverse engineer any software related to the Site
  • remove any copyright or other proprietary notations from the Site and Materials
  • or transfer the materials to another person or “mirror” the Site and Materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time.

Accuracy, Completeness, and Timeliness of Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may (but are not obliged to) attempt to notify you by contacting via email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons violating these Terms or applicable legislation.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. 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.

Modifications to the Products and Prices

Prices or other information related to the Products are subject to change without notice.

We reserve the right to modify or discontinue the Site or Product (or any part thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Product.

Products

Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Refunds and Exchanges Policy.

We have made an effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour or image will be accurate.

We reserve the right, but are not obligated, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer.

All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited by your national law, for example (but not limited to) any restrictions with respect to age, legal capacity, licensing, export laws.

We do not warrant that the quality of any Products, Site, or Materials will meet your expectations, or that any errors in the Products, Site, or Materials will be corrected.

Third-Party Solutions and Materials

We may provide you with access to third-party solutions over which we neither monitor nor have material control nor input (the “Third-Party Solutions”).

You acknowledge and agree that the Third-Party Solutions are provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the Third-Party Solutions.

Any use by you of the Third-Party Solutions 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).

Certain content, products, and services available via the Site may include materials from third parties (the “Third-Party Materials”).

Third-Party Materials on the Site may direct you to third-party Sites 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 Sites, or any other materials, products, or services of third-parties, including Third-Party Solutions.

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 Materials, Third-Party Solutions, or third-party Sites. Please review carefully respective third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Solutions, Third-Party Materials, or any other third-party products should be directed to the third-party.

User Comments, Feedback, and Other Submissions

If you provide your comments, ideas, suggestions, proposals, plans, or other materials, whether on the Site, by email, by postal mail, or otherwise (collectively, “User Content”), you hereby provide us with a royalty-free, perpetual, worldwide, irrevocable permission (license) to edit, copy, publish, distribute, translate and otherwise use in any medium or form any such User Content. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any person’s rights, including intellectual property rights, or these Terms.

You warrant that your User Content will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your User Content will not contain libellous 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 Site or any related software. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.

Intellectual Property

The content available on the Site, including but not limited to logo, graphics, text, photographs, illustrations, software, design are our intellectual property or intellectual property of respective rights holders, and is protected by applicable copyright laws.

The MNTD trademark and the domain name getmntd.com constitutes our or our affiliates property. You shall not use the trademark or the domain name without our prior written consent or unless it is allowed under the applicable law.

Neither these Terms nor the Site grants you any right, title, or interest in and to our or third-party intellectual property.

Personal Information (Personal Data)

You can learn more on how we process personal data in our Privacy Notice.

Contests and Giveaways

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored or organised by us or our partners. It is your responsibility to carefully review those applicable terms and conditions.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site or its availability for indefinite periods of time or cancel the Site at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE 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, TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“RAKwireless Parties”) be liable for any injury, loss, claim, or any 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, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site 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 Site or any content (or Product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

To the maximum extent permitted under the applicable law, in no event shall the aggregate liability of RAKwireless Parties to you for all damages and losses whatsoever arising out of or in connection with these Terms, their undue performance or violation, use or inability to use the Site and/or Products exceed (i) US $1,000 (one thousand U.S. dollars), or (ii) the amount you have paid to us in connection with the Site, whichever is less.

Indemnification

You agree to indemnify, defend and hold harmless us 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 attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

If any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

Minors

The Site is not intended to be used by children under the age of 18. Neither the content of this Site nor the Products are for children’s use.

Termination

The obligations and liabilities incurred prior to the termination date shall survive the termination hereof.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate these Terms and/or accordingly may deny you access to the Site (or any part thereof) at any time with or without notice.

Governing Law and Disputes Resolution

These Terms shall be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Change of these Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

Additional Terms

Additional terms may apply to certain Products or services. If there is a conflict between these Terms and any additional terms or policies, the additional terms will control.

Miscellaneous

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.