DR.PODS STORE, EXCHANGE PROGRAM & BATTERY REPLACEMENT TERMS & CONDITIONS
Terms and Conditions & Policy
The use of this website and services on this website provided by Dr Pods & Startinqs Pte Ltd (hereinafter referred to as "Dr Pods") are subject to the following Terms & Conditions (hereinafter the “Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as ("Website") and any services or offers provided by or on this Website referred to as ("Products" or "Services").
These terms govern: (a) any offer that you receive to sell your Product to or through Dr Pod’s Website; and (b) any Product or Service you purchase from Dr Pod’s Website. These terms, the terms that govern your use of Dr Pod’s websites, and any supplemental terms or policies that accompany a specific transaction, collectively, make up an agreement between you and Dr Pods. You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term ("you" or "your") means an individual or entity exercising rights under this Agreement.
You agree that by accessing this site, you have read, understood, and agree to be bound by the Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
When completing a Dr Pods or Startinqs transaction for our Exchange program and Battery Replacement Service or any service provided, you agree that the AirPods you send in are
Original & authentic Apple AirPods;
Without water damage;
Without cosmetic blemishes;
Without permanent stains, deep scratches or marks;
Without corrosion to the charging contacts
Able to connect to a phone via Bluetooth
Able to play and record audio
Failing to meet the above requirements may result in additional charges or rejection from the Exchange Program or Battery Replacement Service. AirPod charging cases are not included in the exchange program and should not be sent into us for any reason. We are not responsible for the return of any charging cases accidentally sent into us.
The cost of any sending your AirPods to us for exchange and battery replacement is your responsibility. Dr Pods or Startinqs is not responsible for AirPods lost during delivery or fails to be delivered or delivered promptly to Dr Pods or Startinqs. You remain responsible for the risk-of-loss for the Products sent to Dr Pods or Startinqs until delivery to Dr Pods or Startinqs You are responsible for any damages that may occur to your Product while in transit.
Product Eligibility. Dr Pods or Startinqs determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Dr Pods or Startinqs Services and Dr Pods or Startinqs Websites and for which eligible Products Dr Pods or Startinqs will provide an offer or sell. Dr Pods or Startinqs may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, Dr Pods or Startinqs reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Dr Pods or Startinqs at any time prior to delivery of the Product to You.
Limitation of liability & Indemnity
Limitation of liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DR PODS OR STARTINQS PTE LTD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "DR PODS PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH DR PODS UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DR PODS OR STARTINQS AND THE DR PODS OR STARTINQS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE DR PODS OR STARTINQS SERVICES AND DR PODS OR STARTINQS WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) US$50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE DR PODS OR STARTINQS SERVICES.
Indemnity: You agree to indemnify, defend, and hold harmless DR PODS OR STARTINQS PTE LTD and the DR PODS OR STARTINQS Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Dr Pods or Startinqs of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Dr Pods or Startinqs Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Dr Pods or Startinqs therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Dr Pods or Startinqs does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF THE REPUBLIC OF SINGAPORE. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "CHECKOUT" OR "ACCEPT" OR "BUY" OR "PAY" BUTTON OR USING THIS WEBSITE AND PROCURING ANY SERVICE, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN THE REPUBLIC OF SINGAPORE, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
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