Terms and Conditions

Last updated: January 20, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.argineering.net website (the “Service”) operated by Argineering (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By registering on or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms and conditions then you agree not to access the Service. This page explains the terms and conditions by which you may use our online and/or mobile services, websites (including any subdomains), and software provided on or in connection with the Service.

Argineering may change these Terms and Conditions from time to time. Your continued access or use of the Service constitutes your acceptance of such changes. Your access and use of the Service will be subject to the current version of the Terms, rules and guidelines posted on the Service at the time of such use. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you breach any of the Terms and Conditions, your license to access or use this Service shall automatically terminate.

Warranty

RGKit Play Sensors are provided with a 1-year limited warranty and RGKit Play Motors and Controllers come with a 6-months limited warranty for the original purchaser and anyone else who owns the product during the warranty period, from the date the product is delivered to the original purchaser.

This limited warranty covers manufacturing defects in materials and production of RGKit Play. This limited warranty does not cover any damage, deterioration or malfunction caused by: (1) transportation or storage of the product; (2) accidents, negligence, misuse, abuse, improper installation or operation or failure to follow product instructions; (3) modifications to or unauthorized repair of the product; (4) normal wear and tear; or (5) external causes such as corrosive atmosphere, extremes in temperature or humidity, power line surges or related electrical abnormalities (including phantom power, wrong voltage, etc), or other actions or events beyond Argineering’s reasonable control.

This limited warranty also does not cover parts or components of RGKit Play that are inherently subject to deterioration during the normal operation of the product, such as metal, rubber or plastic parts of RGKit Play Accessories, screws, bolts and nuts.

If RGKit Play requires repair or replacement during the warranty period, no additional charges will be incurred for parts or for labor. Argineering will also pay for shipping and handling fees to return the repaired or replaced product. If Argineering elects to repair the product, the warranty period will not extend. If Argineering elects to replace the product, a new warranty period will apply to that replaced product starting on the date the replaced product is delivered to the original purchaser.

Return Policy

Exchange or refund of products may be requested during 14 days, following order delivery. Returned products must be returned in original packing, and in original condition. Opened products may be returned so long as the contents are complete and in sellable condition. In case of failure to comply, Argineering is entitled to impose a fee or refuse to accept the return.

A copy of the original invoice or receipt must be supplied with the returned products. Once the returned products are inspected by Argineering, a full refund will be sent via the original payment method. The purchaser will cover all shipping charges for returned products, except in cases where products are returned due to malfunction, in which case Argineering covers the shipping charges. In cases of return due to malfunction, Argineering will require a full description of the problem accompanied by clarifying photos and/or videos.

Cancellation Policy

Orders placed using direct bank transfer or PayPal can be canceled at any time before transferring money for the order. If no money has been received within 20 days the order will be canceled automatically. Orders paid using a credit card can be cancelled and refunded immediately if the order has not been shipped. If the order has been shipped the return policy applies.

Intellectual Property

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, (the “Argineering Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Argineering and its licensors. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Argineering Content. Use of the Argineering Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Mobile Software

We make available software to access RGKit Play App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Argineering account on one mobile device owned or leased solely by you, for your use. You may not: (1) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (2) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (3) make any copies of the Mobile Software; (4) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (5) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Argineering reserves all rights not expressly granted under these Terms.

Payment Information and Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Third Party Sites

If Argineering provides links from the Service to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Argineering makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms.

Security

Argineering cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Content and personal information at your own risk. You are fully responsible for all interaction with the Service that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Service, and to ensure that you “log off”/exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Indemnification

You agree to defend, indemnify and hold harmless Argineering, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Service, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorized use of the Argineering Content, or your violation of any rights of another.

Warranties and Disclaimers

Your use of the Service is at your own risk. The Service is provided by Argineering under these terms of use “as is” and “as available” basis without warranty of any kind, either express, implied, statutory or otherwise. Argineering expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Service, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Argineering makes no warranty that: (1) the Service will meet your requirements; (2) access to the Service will be available at any particular time or location, uninterrupted or secure; (3) the quality of the Service will meet your expectations; (4) any errors or defects in the website, services or materials will be corrected; and (5) the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service. Argineering makes no representations or warranties that the Service will be permitted in your jurisdiction, that the Service will meet your needs, or that Argineering will continue to support any particular feature of the Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Argineering ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

  1. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
  2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
  3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
  4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
  5. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.