Definitions and Interpretation
In these terms and conditions, the following terms shall have the following meanings:
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"We," "Our," "Company," "Platform," "Website," and "Application" refer to our company and its affiliated website and applications.
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"Member" refers to an individual who registers and qualifies for membership through our membership program.
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"Membership" refers to the membership status obtained by a member upon successful registration and acceptance of these terms.
In these terms and conditions, words such as "including," "including but not limited to," etc., indicate that certain matters are included for discussion but do not represent an exhaustive list of such matters.
Services Limitations
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Our membership program is designed to reward our loyal customers and encourage them to interact with us. The program offers members rewards such as special privileges, discounts, and other benefits.
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The membership program is currently open to all registered member accounts and eligible customers who accept these terms in the United States, EU countries, and Japan. For other countries, we are actively working on establishing workflows, but currently, they are not included in the membership program.
- Our membership program may include coupons and other promotional activities. These coupons and other promotional activities may have additional terms and conditions, and we will make every effort to inform members of these terms and conditions. For detailed terms and an explanation of our Extended Warranty, please check this link.
- The extension warranty and trade-in service are for the main unit of TESmart KVM switch series products. Non-KVM series products (such as matrices, HDMI splitters, KVM extenders, etc.) and accessories (such as cables, remote controllers, power adaptors, etc.) are not covered by these services.
- The extension warranty and trade-in service are available for customers in the U.S., EU, and Japan who order from official websites or official Amazon stores operated by the TESmart brand. If you are uncertain whether your product is eligible for the extension warranty and trade-in service, please contact our support team for clarification.
- Products purchased from our distributors and agents are temporarily excluded from eligibility for the extended warranty and trade-in services offered through our VIP program. We are actively working on extending these services to products purchased through our authorized distributors and agents. Once available, we will notify our members and update the terms accordingly.
- Each order's product is limited to only one chance of either the extended warranty and trade-in service.
- Extended Warranty Benefit: VIP extended warranty is exclusively available to customers who have registered as members before the expiration of the original warranty period for the product. Please take note of the registration validity period. The original warranty is one-year Limited Warranty support commencing upon the date of the retail purchase of your product. If you are a German customer, you are eligible for 2-year Limited Warranty support commencing upon the date of the retail purchase of your product, in accordance with applicable local law. Each product is eligible for one exchange opportunity within the coverage period of the extended warranty. Exchanged products shall be warranted free from defects for a period of ninety (90) days after the date of exchange.
- Trade-ins Benefit: Products within an order will be eligible for the upgrade and trade-in services only after a period of 4 months from the date of purchase. This 4-month waiting period is to ensure that the products have been used by the customer for a reasonable time before considering an upgrade or trade-in. After you have chosen to trade in your old product, TESmart reserves the right to handle and responsibly manage your "old" product through our eco-friendly recycling program. This not only provides you with an upgraded product but also contributes to our commitment to environmental sustainability. We provide a trade-in discount for you through the official website operated by the TESmart brand. This discount is only applicable on the official website operated by the TESmart brand. Trade-in discounts cannot be stacked with any ongoing TESmart discounts. The final transaction price for the trade-in is calculated based on the original price of the product as displayed on the official website operated by the TESmart brand.
- Members have the right to test new products for free or at a 50% discount. However, TESmart reserves the right to review the customer's device information to determine its suitability for our research and testing requirements. Devices that do not meet the requirements set forth by TESmart will not be eligible for free product testing.
Membership Eligibility
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Our membership program is entirely voluntary, with no obligation to join or participate. We reserve the right to decide who is eligible to participate in our membership program and to refuse or terminate any member's participation. In the event of terminating the membership program, we will make efforts to provide advance notice and publish notifications on our website. Upon the termination of the membership program, members will lose all associated benefits and privileges.
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We retain the sole right to determine the benefits and privileges of the membership program and will communicate them to the members. We reserve the right to change the benefits and privileges of the membership program at any time. The benefits and privileges of the membership program may vary over time.
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The benefits and privileges of our membership program are non-transferable, non-resalable, and cannot be given to others.
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Any behavior that violates these membership program terms may result in the loss of membership eligibility or the termination of a member's membership status at our sole discretion. We may, at our discretion, decide whether to report any violations of these membership program terms to relevant authorities. Any suspected fraud, abuse, or illegal activities will result in the loss of membership eligibility.
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We may terminate, suspend, cancel, or modify any aspect of the membership program at any time, including but not limited to terms, conditions, reward programs, coupons, and other benefits, without prior notice, and any changes made by us shall be considered accepted by the member. We reserve the right to change or terminate the membership program at any time, for any reason, including but not limited to a violation of our terms of use or any abusive, fraudulent, or false behavior. In the event of terminating the membership program, your membership privileges will be terminated immediately and cannot be recovered or transferred. We reserve the right to delete all membership accounts without prior notice after terminating the membership program. You may choose to exit the membership program at any time by revoking your membership. Any abusive, fraudulent, or false behavior will result in the cancellation of your membership and may lead to the termination or closure of your account, which can not be recovered or transferred.
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You can exit the membership program at any time. If you no longer wish to be a member, please contact our customer service team to cancel your membership. Canceling your membership will result in the loss of all membership privileges, which can not be recovered or transferred. Please note that we do not provide any refunds or compensations, and you should use or redeem your coupons before canceling your membership.
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We reserve the right to modify or update these membership terms at any time without prior notice. The latest version of the terms will be published on our website, and you can review them at any time. By continuing to use our membership program, you agree to abide by the latest version of the terms. We recommend that you regularly review these membership terms to ensure your understanding of our policies and regulations.
Privacy and Confidentiality
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As a member, you may be required to provide certain user information to avail yourself of our extended warranty and trade-in services, among other member benefits. TESmart values the privacy of our customers and treats this information with utmost confidentiality.
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The user information collected will be solely used for internal research and development purposes and will not be disclosed to any third parties without your explicit consent.
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By participating in our membership program and providing your user information, you consent to the collection, use, and internal processing of such information in accordance with our Privacy Policy.
Intellectual Property
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All intellectual property rights related to TESmart's platform, website, and application, including but not limited to trademarks, logos, content, and proprietary information, are owned by the TESmart.
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Members shall not use, reproduce, distribute, or modify any of the TESmart's intellectual property without prior written consent.
Limitation of Liability
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TESmart shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the membership program or the use of the company's platform, website, or application.
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Translation: These membership terms may be translated into any other language. However, in the event of any inconsistency between the English language version and any translated versions, this English version will at all times prevail and take precedence.
Dispute Resolution
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Any dispute or claim arising out of or relating to these membership terms shall be resolved through good faith negotiations between the parties.
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If the parties are unable to reach a resolution through negotiations, they agree to submit the dispute to mediation, conducted by a mutually agreed-upon mediator.
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If mediation is unsuccessful, any unresolved dispute shall be submitted to binding arbitration in accordance with the rules of the Shenzhen Arbitration Commission. The arbitration shall take place in Shenzhen, China, and the language of the arbitration shall be Chinese. The decision of the arbitrator shall be final and binding on both parties.
Governing Law
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These membership terms shall be governed by and construed in accordance with the laws of China.
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Any legal action or proceeding arising out of or relating to these membership terms shall be brought in the courts of Shenzhen, and the parties hereby submit to the exclusive jurisdiction of those courts.
Severability
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If any provision of these membership terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
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