Terms of use

Last Updated: Jan 25, 2023

These Terms of Use (“Terms”) govern your use of Klarmi.com (“the Website”), operated by Viomi (“we”, “us”, or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Website.

  1. General

Scope. Welcome to klarmi.com. These Terms of use ( “Agreement” or “Terms” ) are a contract between you and Viomi. as the company that uses the Site and App to sell products to you, collect payment and process your returns (where applicable, “Klarmi” , “we” , “us” and “our” shall refer to Viomi. and “you” or “your” shall refer to the user of the Services (as defined below). These Terms govern your use of our website at klarmi.com that hyperlink to this Agreement, any other written, electronic, and oral communications with klarmi and its affiliated entities, or any websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the “Services” ).

There are other websites that use the klarmi trademark which are operated by the Company’s affiliated entities ( “Other klarmi Sites” ). There may be terms and conditions linked to the Other klarmi Sites which may apply to you if you access those sites as well.

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile applications, registering an account, or contributing content or other materials to the Site or on or via the Apps, you expressly understand, acknowledge and agree that you have read and understood the Terms and agree to be bound by such terms found on the Site.

You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms. If you reside in one country but order products to be shipped to another country, you may be redirected to the local Site of the country, which may be an Other klarmi Site. You will be subject to the Terms of that local Site.

In addition, you may read our Privacy Policy for more information about how the Company collects, stores, and protects your information when you use the Services. Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein.

  1. Services

By accessing or using Klarmi.com, you agree to abide by the following representations and limitations on use:

Representations:

  1. Accuracy of Information: You represent and warrant that all information provided by you on the Website is accurate, complete, and up-to-date to the best of your knowledge.
  2. Compliance with Laws: You represent and warrant that your use of the Website complies with all applicable laws, regulations, and ordinances, including but not limited to those relating to online commerce, consumer protection, and intellectual property rights.
  3. Authorized Use: You represent and warrant that you are authorized to use the Website and its services, and that your use does not violate any contractual or legal obligations you may have with third parties.
  4. No Interference: You represent and warrant that you will not interfere with the proper functioning of the Website, including but not limited to attempts to gain unauthorized access, transmission of viruses or malicious code, or any other activity that may disrupt or impair the Website’s operations.

Limitations on Use:

– Prohibited Activities: You agree not to engage in any of the following prohibited activities while using the Website:

  • Violating any applicable laws or regulations.
  • Infringing upon the intellectual property rights of others.
  • Posting or transmitting any content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable.
  • Engaging in any form of harassment, discrimination, or abuse.
  • Attempting to gain unauthorized access to other users’ accounts or personal information.
  • Using automated means, such as bots or scripts, to access or interact with the Website.
  • Engaging in any activity that could damage, disable, overburden, or impair the Website’s servers or networks.

– Commercial Use: You agree not to use the Website for any commercial purposes without our prior written consent, including but not limited to advertising, marketing, or selling products or services without authorization.

– Intellectual Property: You agree not to reproduce, distribute, modify, or create derivative works of any content on the Website without our prior written consent, unless otherwise permitted by law.

– User Accounts: You agree to keep your user account credentials secure and not to share them with any third parties. You are responsible for all activities that occur under your account.

– No Warranty: You acknowledge that the Website and its services are provided on an “as-is” and “as available” basis, without any warranties of any kind, express or implied. We make no representations or warranties regarding the reliability, accuracy, or completeness of any content on the Website.

By using the Website, you acknowledge that you have read, understood, and agree to abide by these representations and limitations on use. We reserve the right to suspend or terminate your access to the Website if you violate any of these terms.

Additionally, you agree not to:

  • Use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services.

Account and Termination. In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.

Wallet. If you create a User Account, you will be provided with a klarmi digital wallet ( “Wallet” ) that can be used to collect and hold wallet credits, gift cards, promotional coupons and promotional points issued by the Company via the Services. Subject to the terms below, Wallet credits, gift cards, promotional coupons and promotional points stored in your Wallet can only be redeemed with the Company in connection with purchase of products from the Company, and not for any other purpose.

Customs. In accordance with customs regulations, you must provide valid and accurate data. All consignee names, addresses and payer names should be valid. It is your sole responsibility that the data you provide to us is complete and accurate. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases. You hereby authorize the Company and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This authorization includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds. you are responsible for complying with all laws and regulations in your own country.

  1. Rules and Restrictions

You agree to use the Services for your own internal and personal use, and not on behalf or for the benefit of any third party, and only in a manner consistent with these Terms, applicable market policies and all applicable laws. We are not responsible if you use the Services in any way that violates the law. You will not share your account or password with anyone and you must protect the security of your account and password. You must notify Viomi of any unauthorized use of your password or any other breach of security of your account.

  1. Confidentiality

Our Privacy Policy provides information about how we collect, use and disclose your personal information. By installing our applications, creating an account, viewing products, making a purchase or otherwise using the Services, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy.

  1. Communications

Viomi may communicate with you via email or automatic calls and text messages, at any telephone number you provide to us, to: notify you about your account; resolve issues with your account; resolve a dispute; collect a debt; solicit your opinions through surveys or questionnaires; or to the extent necessary to administer your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

  1. User Content

You retain ownership of any content you submit to the Website (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Website.

  1. Copyright

The content, design, and compilation of this website (the “Service”) are protected by copyright laws. You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service without the prior written consent of Viomi.

  1. Responsibilities

Any information or content publicly posted or privately transmitted via the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk, and we are not responsible for any errors or omissions in such information or content or for any damage or loss you may suffer in connection therewith. We cannot guarantee the identity of any user with whom you interact while using the Services and are not responsible for any users who access the Services. You are responsible for all Content that you contribute, in any manner, to the Services, and you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it.

  1. Costs and Fees

It is currently free to access and browse our website and other aspects of the Services. However, you may choose to purchase Products through the Services, and you alone will be responsible for paying the purchase price of any such Products, in addition to any taxes and shipping costs, where applicable. We may cancel or limit quantities of Products purchased, and we reserve the right to refuse any order. In the event we need to make a change to an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs, or value-added taxes, and the shipping time and associated cost may increase accordingly. As tax rules evolve, Viomi may calculate and collect taxes applicable to some purchases. You are responsible for reading the entire product listing before purchasing any product. By confirming your purchase, you agree to pay all applicable fees, taxes and other amounts associated with your use of the Services. Furthermore, you acknowledge your responsibility for VAT and customs duties.

You agree that, where applicable, you will act as the importer of the products purchased. Please note that VAT, customs duties and other similar charges levied at the time of purchase are estimated values and may be subject to change in depending on local laws. If additional amounts are assessed, you are responsible for them. klarmi cannot be held responsible if a product is delayed or refused customs clearance due to your failure to pay these amounts. You are responsible to clear VAT on all purchases made on klarmi.com. This can be done through the VAT clearance procedure of your local customs authority in your country of residence.

  1. Refund & returns

By using our Services and making a purchase, you agree to the following:

Refund & Returns Process: We may, in accordance with our Refund & Returns Policy, issue a refund to resolve any problems with your order, including issues related to the contents of a product listing, delivery, condition, performance, or quality.

Additional Fees: Except as described in our Refund & Returns Policy, we cannot refund, reimburse, cover, or otherwise be responsible for any fees, including but not limited to customs, taxes, or return shipping costs you may incur in the refund process.

Conditions for Refunds: Refunds may be subject to certain conditions, such as the item being returned in its original packaging and condition, or the reason for the return being valid under our Refund & Returns Policy.

Refund Processing Time: Refunds will be processed within a reasonable timeframe after we have received the returned item and verified its condition.

  1. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  1. Indemnification

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Website; (ii) your User Content; or (iii) your violation of these Terms.

  1. Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration as amended from time to time.

The arbitration award shall be final and binding upon both parties. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs, including attorney’s fees, associated with the arbitration proceedings.

Notwithstanding the foregoing, Viomi may seek injunctive or other equitable relief to enforce intellectual property rights or to prevent unauthorized use of the Service in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

  1. CONTACT US

If you have any questions or comments about these Terms. You may contact us anytime via email at legal@klarmi.com or through our Customer Service.