This is a snapshot of the VolkFi Volk One Pre-Order Terms and Conditions posted 2019-03-15.
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The following Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order“) with Volk Wireless Inc. (“we”, “us”, “our” or “Volk”) for our Volk One Android phone powered by the Volk Fi network (the “Volk One“). If you submit a Pre-Order for the Volk One, you’re agreeing to all of the Terms included here. Some of these Terms need to be expressed in legal language, but we’ve done our best to use clear and straightforward language so that you understand what everything means. Please read these Terms carefully before submitting your Pre-Order for the Volk One.
When placing a Pre-Order for the Volk One, you will be required to provide certain information, like your address and billing information. By submitting this information, you’re agreeing that all of this information is accurate, and you’re agreeing that you’ll update this information should anything change. Volk won’t be responsible if your information is inaccurate or becomes outdated, and while we may try to reach out and correct something we think is incorrect, we are not obligated to make efforts to determine your correct contact or shipping information. If something changes, you can update your information at any time prior to your Volk One being shipped by sending an e-mail to [email protected] By submitting a Pre-Order, you understand and agree that Volk may have to decline or delay reservations to avoid oversubscription or as we otherwise deem appropriate. If we have to decline or delay your reservation, we will attempt to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of your pre-order Price.
You will be charged the amount indicated on your personalized Pre-Order invoice reflected on our site at the time you place your Pre-Order (the “Pre-Order Price”). If we’re unable to commence shipping the Volk One after a year from the time we receive your Pre-Order, we will provide a full refund to you. By placing your Pre-Order, you’re explicitly agreeing to allow us to charge the Pre-Order Price.
After the Volk One is manufactured and ready to be shipped, we intend to ship all Volk One Pre-Orders to each city or region according to the order in which Pre-Orders have been received. For instance, if City A reaches an ideal target density of Pre-Orders prior to City B, then individuals who have submitted Pre- Orders in City A may receive their Volk One prior to individuals who have submitted Pre-Orders in City B, even if some of those individuals in City B have individually submitted a Pre-Order prior to some individuals in City A. While our target density figures are not yet settled, this approach may be used to ensure the integrity and robustness of the network for all Volk One owners. Regardless, this position does not imply receiving a particular number associated with your Volk One. If you cancel or forfeit your Pre- Order under these Terms prior to shipping, your position will be taken by the next person on the Volk One reservation list. While the foregoing expresses our intent, you acknowledge and agree that we may need to build and use Volk Ones for a variety of purposes prior to fulfilling Pre-Order reservations, like in-house and third-party testing, evaluation, and display. We may also have a limited sale of the Volk One to the public prior to fulfilling all Pre-Order reservations. Please consult our website for more information about such events.
Although we will make efforts to begin delivering the Volk One as soon as reasonably practicable, you’re acknowledging and agreeing that there may be delays by submitting your Pre-Order. An estimated time of delivery (ETD) is only an estimate, is subject to change, and we can’t guarantee that we will be able to ship the Volk One by the estimated date. In the event that a delay arises and the estimated shipment and/or release of the Volk One is not met, you understand that Volk is not responsible for any damages that may occur due to the delay, and you agree that we won’t be obligated, except as we’ve described in these Terms, to provide any discounts, refunds or credits due to such delays. We will provide you periodical updates with respect to your delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Volk One, you may cancel your reservation as provided for in Section 6 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. If the Price drops after you have pre-ordered and you have paid more in your Pre-Order Price than the actual Price, we will refund you the difference. If the Price exceeds your Pre-Order Price, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre- Order right up to 10 days after you receive the item. To claim a refund for the difference, email us at [email protected]
You or Volk may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Volk One is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the Pre-Order Price without interest, but you may have to pay a processing fee. If we cancel your reservation, you will receive a full refund of the Pre-Order Price without interest (and you will not pay any processing fee).
UNDER NO CIRCUMSTANCES WILL VOLK BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT VOLK IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PRE-ORDER PRICE WITHOUT INTEREST.
The final purchase of the Volk One may be subject to additional requirements we later establish, including in respect of any software included with or used by the Volk One (like the Volk Fi network), intellectual property embodied in the Volk One, or data collected by the Volk One. These additional terms may be provided at a later date and may be subject to change without notice. Your final purchase of the Volk One will be subject to any other terms and conditions we have in effect at the time of your final purchase. If you do not find these additional terms and conditions agreeable, you will receive a refund of your Pre-Order price as described in Section 6.
You acknowledge that you are at least 18 years old. You agree that you are not a resident of Cuba, Iran, North Korea, Sudan, Syria, and the region of Crimea, and that you will not take delivery of your Volk One in any of these regions. You acknowledge and agree that our intent is to initially focus our service efforts on certain geographical areas, and may expand to other areas as the company grows.
VOLK DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE VOLK ONE AND SPECIFICATIONS FOR THE PROTOTYPE VOLK ONE DISPLAYED BY VOLK WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE VOLK ONE, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE VOLK ONE THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE VOLK ONE. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE VOLK ONE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
We may change these Terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with these changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
These Terms represent the entire agreement between you and Volk in connection with your Pre-Order of the Volk One, and it overrides all prior agreements, representations and understandings between you and Volk. If there are any disputes between you and Volk, the Terms will be governed by and shall be construed in accordance with the laws of the State of California. If there are any disputes regarding the Pre-Order of the Volk One or how these Terms should be enforced, the venue for any of those actions will be in San Francisco County. You are not allowed to assign your responsibilities under these Terms or any of the rights we’ve granted to you in these Terms to another person or entity.