Terms & Conditions

Cardware Wallet Terms and Conditions

1. Introduction

Welcome to Cardware Wallet ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our online platform, including the purchase of our encryption devices and related products. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our platform.

2. Definitions

"Platform" refers to our website and any other online services we provide for the sale and distribution of our products. "Product" refers to any encryption device or related item available for purchase through our platform. "User" or "You" refers to any individual or entity accessing or using our platform.

3. Eligibility

To use our Services, you must be at least legally capable of entering into a binding contract. By using our Services, you represent and warrant that you meet these requirements. If you are using our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Disclaimer

4.1) General Information Disclaimer: The information provided on the Cardware Wallet website (the "Platform") is for general informational purposes only. While we strive to ensure the accuracy and completeness of the information presented, Cardware Wallet makes no guarantees or warranties, express or implied, regarding the accuracy, reliability, or completeness of any content on this Platform. Cardware Wallet is not responsible for any errors, omissions, or results obtained from the use of this information. The content on this Platform does not constitute financial, legal, or professional advice, and users are advised to seek professional guidance before making any decisions based on the information provided. 4.2) Alpha Stage Disclaimer: Cardware Wallet is in its Alpha stage of development. By using our products, you acknowledge and accept these risks. 4.3) Third-Party Links: This Platform may contain links to third-party websites or services. Cardware Wallet does not endorse, monitor, or control these external sites and is not responsible for their content or availability. Access to such third-party websites is at your own discretion and risk. 4.4) Product Information Disclaimer: Cardware Wallet provides products "as is" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Alpha stage product may not meet your requirements, and you assume full responsibility for your use of the product.

5. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use our Services in any manner that could harm, disable, overburden, or impair our operations, or interfere with any other party's use and enjoyment of the Services. Prohibited uses include, but are not limited to: Engaging in any unlawful activity. Attempting to gain unauthorised access to our systems or networks. Interfering with or disrupting the integrity or performance of our Services.

6. Orders and Payment

6.1) Order Acceptance: All orders placed through our platform are subject to acceptance by us. Cardware Wallet reserves the right to refuse or cancel any order for any reason, including errors in pricing, product availability, or other factors. 6.2) Pricing: Prices for our products are listed on our platform and are subject to change without notice. Prices do not include taxes, duties, or shipping charges, which will be added to your total at checkout. 6.3) Payment: Payment must be made at the time of purchase using one of the payment methods we accept. You agree to pay all charges incurred by you or any users of your account at the prices in ePect when such charges are incurred. You agree to provide accurate and complete payment information and to promptly update your account information if any changes occur.

7. Shipping and Delivery

7.1) Shipping: Cardware Wallet will arrange for the shipment of the products to you. We will use reasonable ePorts to ensure that products are delivered in a timely manner. Please check the individual product page for specific delivery options. You will be responsible for all shipping and handling charges specified during the order process. 7.2) Delivery: Delivery times are estimates only and are not guaranteed. Cardware Wallet is not liable for any delays in shipping or delivery due to circumstances beyond our control. 7.3) Title and Risk of Loss: Title and risk of loss pass to you upon our transfer of the products to the courier.

8. Returns and Refunds 8.1) Presale Refund Policy: Please note Cardware Wallet does not accept refunds for any Presales.

   8.2) Return Policy: Cardware Wallet accepts returns of products in their original condition and packaging within 7 days of delivery for a full refund, excluding any shipping and handling fees. To initiate a return, please contact our customer service team. All shipping, duties and taxes will be for the customers account.

   8.3) Refunds: Refunds will be processed within 7 days of receiving the returned sealed product. Refunds will be issued to the original payment method used for the purchase or in the format of a like-for-like product replacement. Please note we do not accept refunds for any opened products. Opened product is defined as the tamper proof bag being opened or tampered with in any way.

9. Discontinued Units 9.1) Notification of Discontinuation Cardware Wallet reserves the right to discontinue any product at any time without prior notice. 9.2) Support for Discontinued Products In the event of discontinuation, Cardware Wallet will provide support for the period of the active Warranty. For further information regarding to Warranty, please refer to the Warranty section within the website. 9.3) Replacement of Discontinued Units In the event that a discontinued product is subject to a warranty claim and a replacement unit of the same model is not available, Cardware Wallet will, at its sole discretion: Provide a replacement product of equivalent or greater functionality. Offer a discount or credit toward the purchase of a new product from our current product line. 9.4) No Obligation Beyond Support Period After the specified support period for discontinued products has ended, Cardware Wallet will have no further obligation to provide support, replacement units, or parts for discontinued products. Customers are encouraged to upgrade to the latest products to ensure continued support and compatibility with our services.

10. Taxes

You agree that you are responsible for calculating, validating, and paying any and all sales, use, excise, import, export, value-added, withholding, and other taxes and duties assessed, incurred, or required to be collected (“Taxes”). Cardware Wallet and our affiliates are not responsible for determining whether Taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction or for reporting any information to you or any taxation, governing, or third authority. You agree to indemnify us and our affiliates against any claim or demand for payment of any fines, penalties, similar charges, or costs imposed or incurred as a result of your failure to remit or report any Taxes in connection with any transaction.

11. Product Warranty and Disclaimers

11.1) Limited Warranty: Our products are covered by a limited warranty against defects in materials and manufacturing for 12 months from the date of purchase. This warranty does not cover damage caused by misuse, unauthorised modifications, or external factors. 11.2 Disclaimer of Warranties: Except as expressly provided in our limited warranty, our products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Risk Warnings

12.1) Inherent Risks of Digital Assets: Digital assets, including cryptocurrencies, involve significant risk. By using Cardware Wallet, you acknowledge and accept the following risks: 12.1.1) Volatility: The value of digital assets can fluctuate widely and may result in substantial losses. Past performance is not indicative of future results.

12.2.2) Regulatory Risks: The regulatory environment for digital assets is rapidly evolving and may impact your ability to use, transfer, or store your assets. Regulations may vary by jurisdiction and may change at any time. 12.1.3) Technological Risks: Digital assets are stored on decentralized networks, which may be subject to hacking, technical failures, or other disruptions. The underlying technology is complex and may contain vulnerabilities that could result in the loss of assets. 12.1.4) Self-Custody Risks: Self-custody of digital assets carries the risk of loss due to user error, security breaches, or other factors. You acknowledge that the responsibility for securely managing your digital assets lies entirely with you. 12.1.5) Phishing and Fraudulent Activity: Be aware of phishing scams and fraudulent activities that may target Cardware Wallet users. We will never ask you for your private keys, passwords, or backup phrases. If you suspect any suspicious activity, please contact us immediately. We are not responsible for losses resulting from phishing or other fraudulent activities.

13. Limitation of Liability

To the fullest extent permitted by law, Cardware Wallet and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your use of or inability to use the platform; Any unauthorised access to or use of our servers and/or any personal information stored therein; Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our platform by any third party; Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or Cardware Wallet has been informed of the possibility of such damage.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cardware Wallet, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your use of the Services or your violation of these Terms. This indemnification obligation will survive the termination of these Terms and your use of the Services.

15. Intellectual Property

All content, trademarks, and data on our platform, including but not limited to text, graphics, logos, icons, images, and software, are the property of Cardware Wallet or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written consent.

16. Privacy Policy

Your use of our platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our platform, you consent to our data practices as described in the Privacy Policy.

17. Governing Law and Jurisdiction

These Terms and any disputes related to them or the use of the platform shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in South Africa for the resolution of any disputes arising from or related to these Terms or your use of the platform.

18. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties shall first attempt to resolve the dispute amicably. If the dispute cannot be resolved amicably within 30 days, either party may refer the dispute to binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.

19. Changes to These Terms

Cardware Wallet may update these Terms from time to time. When we do, we will post the revised Terms on our platform. Your continued use of our platform following the posting of any changes constitutes your acceptance of the revised Terms.

20. Termination

Cardware Wallet may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

21. Entire Agreement

These Terms constitute the entire agreement between you and Cardware Wallet regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral, regarding such use.

22. Waiver and Severability

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cardware Wallet to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions will continue in full force and effect.

23. Contact Information

If you have any questions or concerns about these Terms, please contact us at [e-mail].