Terms & Conditions
TERMS & CONDITIONS
This website is operated by Ban Ke Lok LLC and each of its respective subsidiary, parent and affiliated companies (collectively referred to herein as "Bankelok" or "we", "us", or "our"). Your use of this website located at http://www.bankelok.com (the "Website") is subject to the following terms and conditions of use (the "Terms"). Your use of the Website constitutes your unconditional agreement to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use the Website. From time to time, Bankelok reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these Terms, in whole or in part, at any time. For changes to these Terms that we consider to be material, we may place a notice on the Website by revising the link on the homepage for a reasonable amount of time. If you provide information to us or access or use the Website in any way after these terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to all such changes. The most current version of these Terms will be available on the Website and will supersede all previous versions of these Terms.
This Website is offered and made available only to users thirteen (13) years of age or older and certain features on this Website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the Website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Website immediately, because by using or attempting to use the Website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the Website.
The information and features included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
MEMBERSHIP & REGISTRATION
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. Bankelok may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
OWNERSHIP OF CONTENT
This Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Bankelok and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Bankelok in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written approval of Bankelok or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the Material for any unlawful purposes, in any way not expressly permitted herein, and not to violate Bankelok's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Website by other members, including without limitation by attempting to access administrative areas of the Website. You agree to promptly report to us any violation and/or attempted violation of these Terms by others that you become aware of. You are advised that Bankelok will aggressively enforce its rights to the fullest extent of the law. Bankelok may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Bankelok may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Bankelok deems appropriate in its sole discretion. Bankelok also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Bankelok will either not charge you or refund the charges for orders that we do not process or cancel.
Bankelok may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. Bankelok also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.
Bankelok attempts to provide accurate descriptions of products and services on the Website. Bankelok does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. Many of the products sold by Bankelok are unique and one of a kind items such as raw stones, precious metals, leather, wood and bone which by their nature may differ slightly from the photograph or other image on the Website. If a product or service offered on the Website is not as described, your sole remedy is to return the item, as specified in these Terms.
Unused articles are accepted for credit in the U.S. if returned in sellable condition within 14 days of purchase, accompanied by a sales receipt and Bankelok original tags. All sale items are final sale and cannot be returned or exchanged. Returns may be sent to our Customer Service Center at:
Ban ke lok LLC
P.O. Box 458
New York, New York 10150
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums is responsible for the reliability, accuracy, and truthfulness of such content, and Bankelok has no control over the same. Additionally, Bankelok has no control over whether any such posted Material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such Material.
Bankelok does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. Bankelok reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in Bankelok's sole discretion. In addition, Bankelok may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Bankelok or to protect the safety of our users or the public. In no event does Bankelok assume any obligation to monitor the User Forums or remove any specific Material.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT BANKELOK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Bankelok makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Bankelok. Views and opinions of users of this Website do not necessarily state or reflect those of Bankelok. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
The internet may be subject to breaches of security. Bankelok is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing Bankelok any information. Bankelok makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR BANKELOK'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN BANKELOK'S DEFENSE OF ANY CLAIM. BANKELOK RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF BANKELOK.
If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Bankelok. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Bankelok names and/or intellectual property, nor may the link create the false appearance that your Website and/or organization is sponsored, endorsed by, affiliated and/or associated with Bankelok. You may not "frame" this Website or alter its intellectual property or material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Bankelok in its sole discretion. Bankelok reserves the right, in its sole discretion, to terminate a link with any Website for any reason or no reason at all, including without limitation any Website that Bankelok deems to be inappropriate or inconsistent with this Website and/or these Terms.
Bankelok is not responsible for the content or performance of any portion of the internet including other world wide websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Bankelok of any errors or inappropriate material found on websites to which this Website is or may be linked.
This Website may contain sweepstakes, contests, offers or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, offers or promotions offered via the Website may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest, offer or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest, offer or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Bankelok operates this Website in the United States. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the United States, State of New York, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Website must be filed in the New York, New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in New York, New York for any cause of action relating to or arising under these Terms or the Website.
VIOLATIONS AND ADDITIONAL POLICIES
Bankelok will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Bankelok. Bankelok reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by Bankelok, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that Bankelok will aggressively enforce its rights to the fullest extent of the law. Bankelok, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Website; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Bankelok, its representatives or any other individual in any manner related to the Website.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
ABILITY TO ACCEPT TERMS
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
The effective date of these Terms is October 22, 2014.