Terms of Use
Terms
By accessing and / or purchasing from the website www.MBUNDU.COM, you are agreeing to be bound by these Terms of Use (“Terms & Conditions”, “Terms of Service”, “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Phoenix Star Ltd.’s website MBUNDU.COM (hereinafter referred to as “the Site” for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose, or any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on the Site
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by PHOENIX STAR LTD 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.
General Conditions
PHOENIX STAR LTD reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card 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 Site or any content on the Site, without express written permission by PHOENIX STAR LTD, its assigns, or successors.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeliness of Information
PHOENIX STAR LTD is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only. It 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. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. PHOENIX STAR LTD reserves the right to modify the contents of The Site at any time, but is under no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Modifications to the Services and Prices
Prices for products are subject to change without notice. PHOENIX STAR LTD reserves the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
PHOENIX STAR LTD is not liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.
Products and Services (Where Applicable)
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 in accordance with the Returns Policy.
PHOENIX STAR LTD has made every effort to display as accurately as possible the colours and images of products that appear on the Site. PHOENIX STAR LTD does not guarantee that your computer monitor’s display of any colour is accurate.
PHOENIX STAR LTD reserves the right but is not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. PHOENIX STAR LTD reserves the right to exercise this right on a case-by-case basis. PHOENIX STAR LTD reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of PHOENIX STAR LTD. PHOENIX STAR LTD reserves the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
PHOENIX STAR LTD does 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 Site will be corrected. PHOENIX STAR LTD does not does not warrant the products sold beyond the manufacturer's warranty. Defective items are subject to return or replacement at the discretion of PHOENIX STAR LTD as described in the Returns Policy
Accuracy of Billing and Account Information
PHOENIX STAR LTD reserves the right to refuse any order you place at the Site.
PHOENIX STAR LTD may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that PHOENIX STAR LTD makes a change to or cancels an order, we may attempt to notify you by contacting the e-mail and/or billing address / phone number provided at the time the order was made. PHOENIX STAR LTD reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Site. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates so that your transactions can be completed and you can be contacted as needed.
For more detail on returns, please review our Returns Policy.
User Comments, Feedback and Other Submissions
If, at the request of MBUNDU.com, you send certain specific submissions (for example contest entries) or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), you agree that PHOENIX STAR LTD may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you submit. PHOENIX START LTD is not and shall not be under any obligation to:
(1) maintain any comments in confidence
(2) pay compensation for any comments
(3) respond to any comments.
PHOENIX STAR LTD may, but is not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous 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 website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead PHOENIX STAR LTD or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. PHOENIX STAR LTD is not responsible for and assumes no liability for any comments posted by you or any third party.
Disclaimer of Warranties, Limitation of Liability
PHOENIX STAR LTD does not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free.
PHOENIX STAR LTD does not warrant that the results that may be obtained from the Site will be accurate or reliable.
You agree that from time to time we may revise the Site or remove 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 herein) 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.
In no case shall PHOENIX STAR LTD, MBUNDU.COM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, 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 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 service or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, liability shall be limited to the maximum extent permitted by law.
Accuracy of Materials
The materials appearing on the Site could include technical, typographical, or photographic errors. PHOENIX STAR LTD does not warrant that any of the materials on the Site are accurate, complete, or current. PHOENIX STAR LTD may make changes to the materials contained on the website at any time without notice. However, PHOENIX STAR LTD does not make any commitment to update the materials.
Third-Party Links
Certain content, products, and services available via our Site may include materials from third parties.
PHOENIX STAR LTD has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PHOENIX STAR LTD of the site. Use of any such linked website is at the user’s own risk.
Third-party links on this site may direct you to third-party websites that are not affiliated with PHOENIX STAR LTD and MBUNDU.com. PHOENIX STAR LTD is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
PHOENIX STAR LTD is 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 websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Modifications
PHOENIX STAR LTD may revise these Terms of Use for the Site at any time without notice. By using the Site you agree to be bound by the then current version of these Terms of Use.
Indemnification
You agree to indemnify, defend, and hold harmless PHOENIX STAR LTD 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 of Use or the documents incorporated by reference or your violation of any law or the rights of a third party.
Severability
In the event that any provision of these Terms of Use 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 of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or PHOENIX STAR LTD. You may terminate these Terms of Use at any time by notifying PHOENIX STAR LTD that you no longer wish to use our Site, or when you cease using the Site.
PHOENIX STAR LTD may terminate this agreement at any time without notice if in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Use. Upon such termination, you will remain liable for all amounts due up to and including the date of termination; and / or accordingly you may be denied access to our Services (or any part thereof).
Entire Agreement
The failure by PHOENIX STAR LTD to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted on the Site or in respect to the Site constitutes the entire agreement and understanding between you and PHOENIX STAR LTD 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 the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of BERMUDA and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
Contact Information
Questions about the Terms of Use should be sent to us at corporate@MBUNDU.COM.
Our mailing address is:
PHOENIX STAR LTD
Executive Suite 505
11 Bermudiana Road
Pembroke HM08
BERMUDA