Terms and Conditions - USA
Section 1 - OVERVIEW and acceptance of terms and conditions
These terms and conditions apply to your access and use of the Guru Website (located at guruenergy.com) (the “Site”), including all information, tools, functionalities and services available through this Site (the “Services”). This Site is operated by GURU BEVERAGE CO., a corporation in Delaware, USA. Throughout the Site, the terms “GURU”, "we", "us" and "our" refer to GURU Beverage Co.
By accessing and using the Services, you agree to be bound by these terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms”). For the sake of clarity and without limiting the foregoing, these Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
These Terms set forth your rights and responsibilities concerning the Services and constitute a legally binding agreement between you and us. IF YOU DO NOT UNDERSTAND THESE TERMS OR DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THESE TERMS OR OTHERWISE ACCESS OR USE THE SERVICES.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Section 2 - Modifications of the terms and to the site
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. Any and all such changes are effective immediately upon posting and apply to all access to and continued use of the Services. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
The Services, including the Site, and any products or functionality, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. Any such change to the Services shall also be subject to the Terms. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable for any period.
Section 3 – Scope of Service
These Terms apply to your access and use of the Services. The Services provide a variety of contents, products, and functionalities, including an individual user account. Features and specifications of products or services that are part of the Services are subject to change at any time without prior notice. As a condition to the use of the Services, you agree that you will not use the Services in a manner inconsistent with (i) these Terms, or (ii) any and all applicable laws and regulations.
Section 4 – Your account and your use of the SERVICES
The Services, including content or areas of the Site, may require user registration. By creating an account or otherwise accessing or using the Services, you represent and warrant the following:
- You are at least the age of majority in your state or province of residence;
- You have the legal ability and authority to enter into these Terms with us;
- The information you have or will provide to us is accurate, current and complete;
- You will not provide us with the payment information or payment credentials belonging to a third party;
- You will comply with any and all applicable laws to your use of the Services;
- You will not interfere with a third party’s use of the Services;
- You will not interfere with or disrupt our, or our vendors’ security measures;
- You must not transmit any worms, viruses, or any code of a destructive nature;
- If any information you provide to us become inaccurate, incomplete or otherwise false or misleading, you will immediately notify us.
A breach or violation of any of the Terms will result in an immediate termination of your Services. You are responsible for maintaining the confidentiality and security of your account access credentials, and you are fully responsible for all activities that occur under your account access credentials. You agree to (a) immediately notify us of any unauthorized use of your account or account access credentials, and (b) to ensure that you properly exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with any of these Terms.
Section 5 – Intellectual Property
We grant to you, for your individual, personal purposes only, a nonexclusive, limited, and revocable right to access and use the Services, so long as you comply with these Terms (the “Licence”). You agree not to use the Services for any other purpose, including commercial purposes.
Except for the limited Licence explicitly granted to you under these Terms, you are not granted any rights in GURU’s intellectual property. Without limiting the foregoing, you may not use our products, images, designs, or any of the intellectual property associated with the products, for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
Section 6 – Links to Third Parties sites
Our Site contains links to other websites which are owned and operated by third parties. These links will let you leave the Site. We do not endorse the websites or their use or contents. We have no control over the contents of any such third-party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
SECTION 7 - GENERAL CONDITIONS
We reserve the right to refuse to provide access to the Services to anyone for any reason at any time.
You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 8 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Although we make reasonable efforts to update the information on our Site, we make no representations, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. Your use of the Services and any reliance on the material on this Site is at your own risk and neither GURU nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your access and use of the Services.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 9 - PRODUCTS OR SERVICES
All orders, purchases or transactions for the sale of products made using the Services are subject to the Terms of Sale and the Shipping & Returns policy, also incorporated into these Terms.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Terms of Sale and our Shipping & Returns Policy.
We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the Services, including the sales of our 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 10 - CONSENT TO USE OF ELECTRONIC DOCUMENTS
You consent to the exchange of information and documents between you and GURU over the Internet or by email, and agree that the electronic version of any agreements, notices, disclosures, and other communications that we provide to you satisfy any legal requirement that such communications be in writing.
SECTION 11 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GURU DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES.
GURU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTION MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THAT IS YOUR CASE, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
SECTION 12 – Indemnification
You agree to indemnify, defend, and hold harmless GURU and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense related to (i) your violation of these Terms, and (ii) your use of the Services.
SECTION 13 - GOVERNING LAW AND DISPUTE RESOLUTION
The Terms and any dispute of any sort related to them that might arise between you and us shall be governed by the laws of Delaware, without reference to its conflict of laws provisions, and the laws of Delaware, applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of Delaware.
To the fullest extent permitted by applicable law, you agree that any dispute resolution will be conducted on an individual basis only, and not as part of any class, consolidated, or representative action. You further waive any right to participate in a class action against GURU Online Store, including in the courts of Delaware.
SECTION 14 - PRIVACY
By submitting personal information through the Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with our Privacy Policy as we deem necessary for the Services.
We may use cookies or similar tracking technologies to enhance your browsing experience. These cookies collect information about your activities on the site to provide a more personalized experience. You can manage your choices with respect to cookies with our cookie banner available here. By using the Services, you are consenting to the use of necessary cookies. For more information on what cookies we collect and their purposes, please refer to our Privacy Policy.
Section 15 – Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Section 16 - CONTACT INFORMATION
Questions about the Terms should be sent to us at customerservice@guruenergy.com.