General Statement / Website Term of Use
The www.agagtech.com website, and all related content, mobile applications (if applicable), and associated services (collectively the "Website"), is a service owned and operated by Agag Tech Inc. (“Agag," "us" or "we"). Agag has adopted these Terms and Conditions to inform you of your rights and obligations when using the Website and/or when purchasing any Agag products or goods ("Products") ("Terms and Conditions" or "Terms"). Your use of this Website, and/or your purchase of any Products, constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products.
Agag may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms and Conditions at any time. In the event Agag modifies, limits, changes, or replaces the Website or these Terms and Conditions, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
Agag limits purchase of its product via its Website to individuals who are 21 years of age or older. You warrant and agree that you are at least 21 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. Agag does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Eligibility, Safety Acknowledgment, And Registration For a agagtech.com Account
This is a contract between you and Agag. You must read and agree to these Terms and Conditions before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with Agag, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.
Our Website contains age-regulated products, which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. Agag products should never be used by anyone under the legal purchasing age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and older that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.
If you have any health concerns about use of Agag products, we recommend that you consult with your physician.
Additionally, Agag products are designed for adult smokers. If you are not smokers, we recommend that you do not start. Do not drink. Keep out of reach of children and pets.
In order to purchase from the Website you must complete the registration process to obtain a user account. You will be required to provide your name, address, email address, phone number, verification of your phone number, and date of birth. You may be further required to provide the last four digits of your Social Security Number, a photograph of a valid government issued ID, and possibly a photograph of yourself. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Agag immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Agag from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and Conditions of this Website and you're registration constitutes your consent to enter into agreements with us electronically.
Termination of Account
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting the Agag Support Team at info@agagtech.com. You may not open alternate accounts.
Electronic Communication – www.agagtech.com Account Specific
With the creation of an account, you agree that we may send to you electronic notices or other communication regarding Agag and this Website. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.
Electronic Communication – Marketing Communication
By completing the registration process on the Website and providing your email address, you are representing you are of legal age to receive Agag Newsletter and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations or other restrictions. All offers are Void Where Prohibited. Agag Products material are not intended to imply that the Products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. This Product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of nicotine addiction and/or dependence.
The email address provided will be used solely by Agag and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the Website.
Communications With Agag
Customers and visitors are encouraged to forward comments or other communications to Agag via www.agagtech.com or via email. You agree that you will not transmit content to Agag that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that you will not use a false email address, impersonate a third party person or entity, or otherwise mislead Agag as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions, and may result in the termination of your account at the sole discretion of Agag.
Any material or communication transmitted by you to this Website will not be treated as confidential as described in the Agag. By submitting any content to us through the Website, you grant us a non¬exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to Agag may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and Conditions and for the maximum period permitted under applicable law.
Payment
You agree to pay for all purchase orders you place through the Website.
Except where noted otherwise, the prices displayed for Agag Products represent the full retail price listed on the product itself. All prices are quoted and payable in U.S. dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.
Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Agag at the time of your purchase, in which case Agag will submit your taxes and/or duties to the appropriate authority on your behalf. Agag shall not be responsible for failure to pay taxes or duties you owe, unless Agag has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any payments made to Agag through this Website, you must notify Agag in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below or at info@agagtech.com. You expressly agree that your failure to notify Agag of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys' fees, incurred by Agag in the event of failure to make payment.
Cancellation Policy
Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact Agag’ Support Team as soon as possible.
Return Policy
In no event will Agag accept return of and/or issue any refund for purchases made other than through the Website, including purchases made from an authorized Agag retailer. Products purchased through an authorized Agag retailer must be returned and refunded through the location/medium from which the Products were purchased.
You have the right to withdraw from the purchase agreement with Agag and to return any new, unused item purchased through the Website for a refund without giving any reason up to fourteen (14) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting info@agagtech.com. If you withdraw, Agag will reimburse to you all payments received from you, not including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However, Agag will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.
If you elect to withdraw, you must return the new, unused item purchased to Agag within fourteen (14) days of notifying us of your election. We may withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within fourteen (14) days of notifying Agag that you would like to return the items for a refund.
You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.
Because of the nature of the products sold through the Website, for sanitary reasons, Agag accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund. Under special circumstances Agag may decide to replace the device at no additional cost to the purchaser.
Damaged / Incomplete / Incorrect Orders
You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from Agag that is damaged, incorrect, or incomplete, please contact Agag Support immediately to explain the problem with your order and to request a refund or replacement goods.
Agag may require you to return damaged items, in which case Agag will pay for the cost of return shipment.
Product Resale Or Other Exploitation Prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from Agag or a Agag representative without prior written permission of an authorized representative of Agag. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will have no right or remedy under the product warranty, and may be subject to civil action and/or criminal penalty, as prescribed by law.
Compliance With Law; Indemnification
You agree that your use of any Agag Products and/or Agag services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless Agag and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney's fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Agag Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.
Counterfeiting
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by Agag. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is unknown. If you encounter products that do not appear to be genuine Agag products, you may report the details of your purchase to info@agagtech.com, or local law enforcement.
Please contact info@agagtech.com to learn more about authorized dealers. Any product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty.
Agag shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.
Agag will not assist with resolving issues pertaining to the purchase of counterfeit products nor will Agag provide refunds for such purchases.
Third Party Links
This Website may contain links to third-party websites. Agag does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.
Privacy Statement
For more information about how we use and protect your personal information you may provide through our Website, please click ADD LINK to review the Website’s Privacy Policy. Note that Agag reserves the right to change its Privacy Policy at any time without notice.
Arbitration And Class Action And Jury Trial Waiver
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Agag. For any dispute with Agag, you agree to first contact us via email (info@agagtech.com) and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that Agag has not been able to resolve a dispute it has with you after sixty (60) days, you and Agag each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or your purchase or use of Agag Products (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Agag for injunctive or other equitable relief as provided in Section 17 below).
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Wilmington, Delaware, unless you and Agag agree otherwise. If you are an individual using Agag Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 17 below.
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or Agag Products or services for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Agag' agrees otherwise, the arbitrator may not consolidate more than one person's claims.
You agree that, by entering into this agreement, you and Agag are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Governing Law and Venue
These Terms and Conditions will be governed by and interpreted under the laws of the State of Delaware, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 16 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Wilmington, Delaware. You agree that Wilmington, Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 16 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Delaware. You agree that: (i) the Website and Agag Products and services shall be deemed solely based in Delaware; and (ii) the Website and Agag’s services shall be deemed passive ones that do not give rise to personal jurisdiction over Agag, either specific or general, in jurisdictions other than Delaware.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware for any actions for any such relief.
Release and Waiver of Claims; Assumption of Risk
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against Agag, or any of its distributors, resulting from use of the Website and Agag Products and services; and (ii) to release Agag or any of its distributors from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website and any Agag Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of Agag, in the design or manufacture of the Website or of any Agag Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “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 to him or her must have materially affected his or her settlement with the debtor.”
You and Agag understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against Agag, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
Trademarks and Copyright
This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Agag and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
Use of Material from This Website
All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the "Materials"), are the property of and owned by Agag or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an "AS IS" and on an "as available" basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
Warranty Limitations
Except as provided in Agag "Limited warranty" , Agag products and services, and this website, are provided on an "As is" and "As available" basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and to the extent not covered under the limited warranty, Agag expressly disclaims any and all express warranties of any kind, and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement), whether related to use of this website or Agag products or services. No advice or information concerning the use of any Agag products, whether oral or written, obtained by you from Agag or through any Agag product or service will create any warranty not expressly stated herein. Without limiting the foregoing, except as provided in the limited warranty, and except to the extent prohibited by the laws of any state, Agag, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the website, is or will be complete, accurate, adequate, reliable, useful, timely, or correct; that the Agag products and services, and this website, will meet your requirements or be free from defects, including product or device leaking; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Agag products or services, or this website, is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
Agag does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Agag will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You acknowledge that you must register an online account and agree to Agag' terms and conditions to receive warranty service.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers. Limitations and exclusions under this agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that neither Agag nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any Agag products or services; 2) use of, access to, or inability to use this website; 3) use or inability to use any other website you access from a link through this website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to Agag hereunder or $100.00, whichever is greater. This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this website, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.
Subscription Services
To register for automated shipping of Agag products (“Products”), you must have a valid www.agagtech.com account, be a resident of the United States and provide a valid payment method (“Subscription”).
By choosing a Subscription through the Website, you agree to these Terms and the general website Terms of Service. In the case of any discrepancy, these Terms take precedence over the general website Terms of Service. Agag may amend these Terms from time to time at its discretion.
By choosing a Subscription through the website, you authorize us to charge you for your initial Subscription and for the recurring periodic charges for an indefinite period of time thereafter.
When you sign up for a Subscription, your first Subscription fee will be billed immediately. Unless we notify you otherwise, the cost for your following Subscription order will be charged on the date indicated thereafter the chosen intervals ( ex. Once a week delivery would occur exactly 1 week from he previous purchase), unless you pause your Subscription, cancel your Subscription, or it is canceled by us in accordance with these Terms. You may change the billing/shipping date by logging in to your account.
The charges for each dispatched Subscription shipment will be billed using the payment method used to create your Subscription or as otherwise directed by you. If your payment cannot be processed (including reasons such as, but not limited to, expired credit card date or change of address), you will be notified via email. Your Subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved or your Subscription has been canceled.
Except where required otherwise by applicable law, all Subscriptions are subject to standard delivery only.
There may be occasions when, despite our efforts, we are unable to dispatch your Subscription. This may include circumstances where any of the Products in your Subscription have been discontinued. If this occurs, we will give you prior notice via email to update your Subscription to replace the discontinued Product. If you do not do this, we will pause your Subscription and you will receive an email from us to confirm that there has been an issue with your Subscription and that delivery of your Subscription will not take place. Agag will contact you directly to see if they can provide a remedy to the above Subscription issue. If you have been charged for discontinued Products, you may elect to receive a refund.
If a Product is out of stock we will delay dispatch of the Subscription until the Product is back in stock. If the price of the Products in your Subscription changes (either increases or decreases) from the date your Subscription is first placed, we will provide you prior notice via email and seek your express consent before the price change shall take effect. If you do not consent, your Subscription will be inactivated/terminated. You have the option to pause your own Subscription for a certain period. For example, you may wish to do this if you know that you will be away on holiday. Subject to any minimum commitment period (see below), you may pause a Subscription for up to 3 months at a time by accessing your account. After this period, the Subscription will automatically restart unless you cancel or suspend your account again.
You have the right to cancel your Subscription and return any unused Products to us within 14 days of receiving your first delivery under the Subscription, subject to our standard return policies found here. Should you wish to return any Products, please follow these instructions. Notwithstanding this right, you may cancel your Subscription at any time by accessing your account.
If you agree to a minimum commitment period (as notified at the time of starting the Subscription) and pause or cancel your Subscription before the minimum commitment period expires, we reserve the right to charge you an early termination fee as described in the applicable offer. Any offer associated with a minimum commitment period is subject to availability. Any offer relating to a minimum commitment period cannot be used in conjunction with any other offer and has no cash alternative. If you require assistance with your Subscription, please contact Agag.
Miscellaneous
Orders must be placed before 2pm PT for next-day delivery. Additionally, all orders placed in California must receive an automated telephone message to confirm purchase pre-delivery.
Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Agag without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by Agag of any breach of this Agreement is effective unless in writing.
You agree that these Terms and Conditions, the Privacy Policy, Limited Warranty, and Subscription Plan, which are incorporated by reference, constitute the entire agreement between you and Agag with respect to the Website, your purchases, and your relationship with Agag and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms and Conditions. All notice required or permitted under these Terms and Conditions shall be made in writing by mail or by email to: info@agagtech.com
Agag Tech Inc.
