Terms of Use

Effective as of: November 29, 2018

Welcome to Cinch! Please read these Terms of Use carefully before using or obtaining any content, product or services through our website (defined below), as they contain important information, including information about limitations of liability and resolution of disputes through arbitration rather than in court.

By accessing, using, or obtaining any content, product, or services through the Service (defined below), you agree to be bound by these Terms of Use, our Privacy Policy, Terms of Sale, Returns and Refunds Policy, Warranty Policy, and any other legal terms or policies that may be displayed on the Website (collectively “Legal Terms”). If you do not accept all of these Legal Terms, then please do not use the Service.  You should visit this page from time to time to review the then-current Legal Terms because they are binding on you.

We may change, revise, or add to these Legal Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Legal Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of conspicuous notice or any modification will indicate that you have agreed to be bound by those Legal Terms. Your use of the Service will be subject to the Legal Terms in effect at the time of your use.

1. Definitions

In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.

“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service.

“Cinch”, “we”, “us” or “our” refers to Cinch LTD.

“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.

“Service” means the Website, Content, and other products and services (ability to post comments, ask questions…) provided by Cinch.

“User” or “Users” or “you” or “your” refers to the individual(s) visiting or using the Website.

“Website” means the website located at  www.cinchpopuptents.com & regional variants.

2. General Terms

2.1 Condition of Use

As a condition of your use of the Service, you warrant that:

1. you are at least 18 years of age;
   
2. you possess the legal authority to create a binding legal obligation;
   
3. you will use the Service in accordance with these Terms of Use;
   
4. you will only use the Service in accordance with applicable laws;  
   
5. all information that you will supply to the Service will be true, accurate, current and complete; and
   

2.2 Modifications to the Service

Cinch reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

2.3 Online Purchase and Terms of Sale

The Website allows you to make online purchases of our products or services. All purchases through our Website or as a result of visits made by you are governed by our Terms of Sale, Returns and Refunds Policy, and Warranty Policy, which are hereby incorporated into these Terms of Use. Please review these documents carefully, as they are binding on us and on you.

Example of our sales terms in documents include:

• We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction;
  
• We reserve the right to refuse any order placed with us;
  
• We may restrict or cancel quantities purchased per person, per household or per order;
  
• We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors;
  
• If we need to make a change to or cancel an order, we may attempt to notify you by using the contact information you provided at the time the order was made;
  
• All descriptions of products or product pricing are subject to change at any time without notice;
  
• We reserve the right to discontinue any product at any time.
  

2.4 Errors, Inaccuracies, and Omissions

The Website may contain typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or product availability. Cinch reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.

2.5 Accuracy of Billing and Account Information

In using the Service you agree to provide current, complete and accurate billing and account information for all purchases that you make.

2.6 Termination

The Service is provided free of charge to you.  Cinch reserves the right to suspend or terminate the operation of, or access to, all or any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access and use to all or any part of the Service at any time in our sole discretion.

2.7 Survival of Terms

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions survive any termination.

3. Privacy and Account Security

3.1 Privacy

Our Privacy Policy explains how we treat our users’ personal information. Your use of the Service is subject to our Privacy Policy.  

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using this Website or its content:

• In any way that infringes or violates any international, federal, provincial or state regulations, rules, laws or local ordinances;
  
• To solicit others to perform or participate in any unlawful acts;
  
• To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  
• To harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against others;
  
• For any obscene or immoral purpose;
  
• To infringe upon or violate Cinch’s intellectual property rights or the intellectual property rights of others;
  
• To submit false or misleading information;
  
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  

Additionally, you agree not to:

• Use the Website in any manner that could affect the functionality or the operation of the Service.
  
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  
• Use any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  
• Introduce any viruses, trojan horses, worms, logic bombs or malicious or technologically harmful material;
  
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  

5. Intellectual Property Rights

5.1 Ownership Rights

Cinch owns all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.

5.2 License

Subject to your compliance with these Legal Terms, Cinch grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service only for your personal use and not for any commercial purpose.  Cinch reserves all rights not expressly granted.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any of Service. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.

If you infringe this section, your right to use the Website will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the content that you have made.

5.3 Trademarks

The Marks that are displayed on the Service are registered or unregistered Marks of Cinch, its affiliates or licensors. You may not use such Marks without the prior written permission of Cinch. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are subject to their respective trademark policies.

5.4 Submissions Policy

Cinch does not accept any unsolicited submissions regarding new or improved products. We will treat all submissions you provide to us as non-proprietary and non-confidential.

6. Communications by Us

6.1 Electronic Communications about Your Order

You agree that we may communicate with you electronically, and that we can send you information about your orders via e-mail, such as emails regarding your order confirmation, order status, and shipping confirmation.

6.2 Electronic Communications, Agreements, Notices and Disclosures

You agree that all agreements, notices, disclosures, and other communications we send to your electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.

6.3 Commercial Communications

We may also send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc, if you have opted-in. You may opt out of receiving these types of communications by selecting the link “opt out” or “unsubscribe” in the respective e-mail, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section.

7. Third Party Links and Third Party Websites

The Website may contain links to third party websites. When you access other websites from links on this Service, those websites may operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third party website or services. Cinch has no control over such third party websites. We are not responsible for any content on or available from such websites. We will not be responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

EXCEPT OTHERWISE PROVIDED IN OUR WARRANTY POLICY THE SERVICE AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER CINCH NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “CINCH ASSOCIATES”) MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE OR ITEM OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.

SOME REGIONS AND STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CINCH AND CINCH ASSOCIATES’S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liabilities

CINCH, CINCH ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CINCH, AND CINCH ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND CINCH AND CINCH ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM SHALL NOT EXCEED $50.00. (U.S. DOLLARS).

10. Indemnification

You agree to defend, indemnify and hold harmless Cinch and Cinch Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Legal Terms or your use of the Site.

11. Force Majeure

Under no circumstances will Cinch be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, hardware failures, software failures, electrical power failures, telecommunication equipment failures, other equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, war, labor or materials shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.

12. Dispute Resolution

12.1 Informal Dispute Resolution

Cinch wants to address your concerns without needing a formal legal proceeding. Before filing a claim against Cinch, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or Cinch may bring a formal legal proceeding.

12.2 Use of Arbitration

You agree that any dispute between you and Cinch arising out of or relating to the Service, or any other products, services or item obtained through the Service will be governed by the arbitration procedure below.

Disputes will be arbitrated by a mutually agreeable neutral arbitrator. 

Upon filing of the arbitration request, Cinch will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.

12.3 Limitation on Claims

Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to these Legal Terms or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

13. Miscellaneous Terms

13.1 Governing Law

All matters relating to the Service or these Legal Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of laws principles. 

13.2 Entire Agreement

These Legal Terms, which include our Terms of Use, Privacy Policy, Terms of Sale, Return & Refund Policy and any other legal terms or policies displayed on the Service, constitute the sole and entire agreement between you and Cinch with respect to the Service and any item purchased through the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of these Legal Terms shall not be construed against the drafting party.

13.3 Assignment

You may not assign or transfer these Legal Terms or any rights or licenses granted herein without the consent of Cinch. Any attempt by you to assign these Legal Terms or any rights or licenses granted herein, without such consent, will be null and void. Cinch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13.4 Waiver and Severability

Cinch’s failure to enforce any right or provision of these Legal Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cinch.

If any provision of these Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions. 

13.5 Responding to Legal Process

Cinch may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Cinch (“Legal Process”) that Cinch believes to be valid. Where permitted by applicable law, we will use reasonable efforts to provide you notice of any such Legal Process by sending a copy to the email address associated with your order. Cinch is not responsible for any direct or indirect losses that you may incur as a result of our complying with the Legal Process.

13.6 Section Titles and Numbering

Section titles and numbering used in these Terms of Use are solely for convenience. They have no legal or contractual significance.

14. Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3
• Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

15. How to Contact Us

This Website is operated by CINCH OUTDOORS LTD.

Except as otherwise provided in the Term of Sale, Return & Refund Policy, Privacy Policy or Warranty Policy, all feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service and the items displayed on or sold through the Service should be directed to:

• info@cinchpopuptents.com
  
• Cinch Outdoors Ltd, 3 Market St, Morecambe, LA4 5DT, UK