Terms & Conditions

Effective from 1 January 2023

 

These terms and conditions outline the rules and regulations for the use of SimoneFx Reality Labs’s Website, located at https://simonefx.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use SimoneFx Reality Labs if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

License

Unless otherwise stated, SimoneFx Reality Labs and/or its licensors own the intellectual property rights for all material on SimoneFx Reality Labs. All intellectual property rights are reserved. You may access this from SimoneFx Reality Labs for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from SimoneFx Reality Labs
  • Sell, rent or sub-license material from SimoneFx Reality Labs
  • Reproduce, duplicate or copy material from SimoneFx Reality Labs
  • Redistribute content from SimoneFx Reality Labs

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SimoneFx Reality Labs does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SimoneFx Reality Labs,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SimoneFx Reality Labs shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SimoneFx Reality Labs reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SimoneFx Reality Labs a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Limitation of Liability

Neither party will be liable for any special, indirect, incidental, exemplary, punitive or consequential damages, including lost profits, lost revenue, lost data, replacement goods, or interruption of use of the SimoneFx Reality Labs software and services, whether in contract, tort, negligence or otherwise, even if such party has been advised of the possibility thereof. Except for (1) any breach of customer’s confidentiality obligations or (2) customer’s indemnification obligations, neither party’s aggregate liability to the other party for any losses, claims, breaches or damages under this agreement will exceed the total amount received by SimoneFx from customer, as applicable, under the agreement. The limitations on damages in this paragraph will apply under all theories of liability or causes of action, including contract, warranty, tort or strict liability. The above limitations will inure to the benefit of SimoneFx’s suppliers, agents and subcontractors.

Use Restrictions

Customer’s use, access and license to the SimoneFx’s software and the services is limited to the customer individually, and the customer shall be prohibited from authorizing any third party or person from using and/or accessing the SimoneFx’s software and the services through customer’s login credentials. In addition, customer shall not, nor shall customer permit any other person to, do any of the following: (a) use the SimoneFx materials and services for any purpose, or in any manner not specifically authorized by this agreement, (b) copy, distribute or otherwise transfer the SimoneFx materials to any third party, (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, or otherwise make available any of the SimoneFx materials or services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service, (d) modify, adapt, alter, translate, or create derivative works of the SimoneFx materials, (e) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the SimoneFx materials, (f) refer to or otherwise use the SimoneFx materials as part of any effort to develop a program to compete with SimoneFx or any other purpose that is to SimoneFx’s detriment or commercial disadvantage, (g) remove, delete, alter or obscure any trademarks, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the SimoneFx materials, (h) bypass or breach any security device or protection used by any of the SimoneFx materials or access or use the SimoneFx materials other than through the use of customer’s own then valid access credentials, (i) input, upload, transmit or otherwise provide to or through SimoneFx’s computer or network infrastructure or the SimoneFx software, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code, or (j) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the services, the SimoneFx software, SimoneFx’s computer or network infrastructure or SimoneFx’s provision of services to any third party, in whole or in part.

Shipping and Returns

SimoneFx Reality Labs (“we” and “us”) is the operator of (https://www.simonefx.com/) (“Website”). By placing an order through this Website you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.

General

Subject to stock availability. We try to maintain accurate stock counts on our website but from time to time there may be a stock discrepancy and we will not be able to fulfill all your items at the time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the back-ordered item or if you would prefer for us to process a refund.

Shipping Costs

Shipping costs are calculated during checkout based on weight, dimensions, and destination of the items in the order. Payment for shipping will be collected with the purchase. This price will be the final price for shipping cost to the customer.

Delivery Terms

Transit Time Domestically

In general, domestic shipments are in transit for 2 – 7 days

Transit time Internationally

Generally, orders shipped internationally are in transit for 4 – 22 days. This varies greatly depending on the courier.

Dispatch Time

Orders are usually dispatched within 2 business days of payment of the order.

Change Of Delivery Address

For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.

Cancellation and Refund

You may cancel your service subscription with 30 days notice by emailing [email protected]. The cost of the hardware if included is not refundable or returnable.

Subscription Term

Customer is licensed to use app service for the subscription term. The content license is auto-renewed and cancelable at the end of the subscription or with 30 days notice to [email protected].

New experiences are automatically added to your SimoneFx’s app. Just connect the app to wifi to download them. Hardware is non-refundable.

If you purchased SimoneFx’s software only, you may cancel your subscription after 30 days by emailing [email protected].

If you have a free 30-day trial, you must cancel your subscription within 30 days by emailing [email protected] to avoid future charges.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SimoneFx Reality Labs; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SimoneFx Reality Labs. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of SimoneFx Reality Labs’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMONEFX REALITY LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMONEFX REALITY LABS MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read
and agree to be bound by this Agreement and all terms and conditions on this
Website.

Customer Service

For all customer service inquiries, please email us at [email protected]