Terms of service

DEAR USER, CUSTOMER, OR CLIENT, PLEASE REVIEW WITH OUTMOST CARE THE BELOW AGREEMENT PRIOR TO PURCHASING THE PRODUCT(S) AND/OR SERVICE(S) FROM LOKOTECH AS AND/OR MAKING ANY TRANSACTION THROUGH THIS WEBSITE OR COMPLETE ANY ORDERS TO OUR SALES REPRESENTATIVES.  This is a legal agreement (the “Agreement”) between you, a user or purchaser of the Product (defined below) and/or service(s) (the “Purchaser”, “End-User”, “Client”, “Customer” or “You”), and Lokotech AS. (“Lokotech AS“) regarding the purchased or ordered product (the “Product”) and/or service(s). Purchaser is deemed to accept these terms upon Purchaser’s (or his/her/its representative’s) by either: (i) placing an order for purchase of the Product(s) and/or service(s), or (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance; whichever occurs first.
  1. Standard Terms and Conditions Of Sale Of The Product and/or Service(s)
This Agreement shall apply to all sales and deliveries of the Product(s) and/or service(s) from Lokotech AS to You, as Purchaser. The terms and conditions of sale together with the order and the order confirmation (if any) are jointly referred to as the “Sales Agreement”.
  1. Orders; Order Confirmation. Upon Lokotech AS’ receipt of Your order and acceptance of the Payment (defined below), the order will be confirmed in accordance with Lokotech AS’ internal procedures and shall be considered final (the “Order Confirmation”). For avoidance of doubt, Lokotech AS will not review and/or confirm any order and/or be bound by this Sales Agreement, without first confirming the remittance of the full Payment (defined below) owed from You. You further acknowledge and accept that such Order Confirmation may be sent via e-mail or by any other mean, as Lokotech AS may deem fit. In addition, You also acknowledge and confirm that neither the order, nor the Payment, is cancellable and the Product(s) and/or service(s) ordered or Payments made are not returnable by the Purchaser, save for as specified in this Sales Agreement or at Lokotech AS’ sole and absolute discretion.
  2. Prices; Terms of Payment. The Product(s) and/or service(s) are sold at the prices prevailing on the day of order according to Lokotech AS price list at that time. Applicable prices do not include taxes, import duties, customs or other applicable costs such as freight and delivery levied in connection with the purchase of the Product(s) and/or service(s), which are all to be borne by the Purchaser. Payments are due in the amounts, in the currency, and at the time stated in the Order Confirmation, or if not so stated, due immediately in United States Dollars or Euros, wired to the bank account to be designated by Lokotech AS (the “Payment”). Litecoin, Bitcoin, and other cryptocurrencies may be accepted via Lokotech AS’ choice of a cryptocurrency payment processor, at a conversion rate and currency amount quoted to You in writing by Lokotech AS or the payment processor, and such conversion rate and cryptocurrency amount quote is good only for immediate cryptocurrency transfers. Lokotech AS may, at its sole and absolute discretion, not accept payments that are not made immediately. When paying in Bitcoin or cryptocurrency, additional transfer charges, linked to the payment processor may be added to the Payment. You must acknowledge that costs for freight will be charged separately and Lokotech AS may, in such case, require additional payments to be made as a condition for delivering the Product(s) and/or service(s).
  3. Delivery Shipment.Delivery dates communicated or acknowledged by Lokotech AS in the Order Confirmation are approximate only as delivery services are provided by third party shipping firms, and are also dependent upon supply chain interruptions and stoppages, development delays, and other factors. Therefore, Purchaser shall not rely upon, and Lokotech AS shall not be liable under whatsoever circumstances for any other estimation statement of expectation when delivery will occur. Title to Product(s) passes from Lokotech AS to the Purchaser upon shipment or collection. Product is delivered to the Purchaser Ex.W (Ex. Works) in accordance with INCOTERMS 2010. Taxes are additional unless otherwise expressly indicated in the Order Confirmation. Loss or damage that occurs during shipping by a carrier is Your responsibility, and any eventual claims must be made to the carrier.
  4. Undeliverable Products. In the event that a shipment is returned to Lokotech AS after categorized by the delivery company as undeliverable (due to incorrect address or address format that was filled in or provided by You during the Order process, failed delivery attempts, addresses out of reach of delivery services, etc.) Lokotech AS will re-dispatch Your Order (at Your expense). Thus, it is highly important that you verify that all information provided by You is correct and updated.
  5. Delivery of Damaged Products. You must notify Lokotech AS within fourteen (14) days of the date of receipt of Product if you believe that any part of Your purchased Product is missing or wrong or damaged; Dead On Arrival (“DOA”)– Product(s) and/or service(s) received by you which are DOA are defined as “Products that fail to function substantially in accordance with published specifications due to defects in manufacturing or materials identified during the first fourteen (14) days from the date of their Delivery (the “DOA Period”). Proof of purchase of the DOA Product satisfactory to Lokotech AS will be required. In the event a Product is DOA, You are required to do the following: (i) notify Lokotech AS within the DOA Period that the Product is DOA (including a description of the circumstances thereof); (ii) return the DOA Product to Lokotech AS within thirty (30) days of reporting the DOA; (iii) deliver to Lokotech AS within the DOA Period proof acceptable to Lokotech AS indicating that the Product is DOA; (iv) provide Lokotech AS with all documentation and information that Lokotech AS requests; and (v) follow Lokotech AS’ standard DOA return procedure by obtaining a return merchandise authorization (“RMA”) directly from Lokotech AS. Subject to Your satisfaction of these requirements, Lokotech AS shall have the following obligations with respect to DOA Products: (a) upon receipt of notification from You of the DOA Product, Lokotech AS will attempt to remotely validate the failure of the Product; (b) upon validation of the DOA, an RMA number will be created, and you will be required to ship the DOA product back to Lokotech AS offices within thirty (30) days, at Lokotech AS expenses; (c) upon receipt of the DOA Product, and based on availability, Lokotech AS will endeavor to ship the replacement Product from Lokotech AS’ headquarters following validation that the Product is DOA. Lokotech AS, or manufacturer, will subject the DOA Product to hands-on diagnostic confirmation of the failure by technical support engineers. If Lokotech AS determines that the Product is not DOA, You may be charged the shipment costs of the DOA product and the replacement product; (d) The Products will be delivered to the delivery address specified by the Purchaser in the Order. (e) The Purchaser is not entitled to refuse acceptance of the Products or make claims for compensation due to any delayed delivery; and (f) Lokotech AS may need to charge the Purchaser with a further handling fee for  incorrect or incomplete delivery information provided by the Purchaser.
  6. Rights in Product and Intellectual Property.All intellectual property rights covering the Product(s) including without limitation any and all documentation or data included in, with or comprising the Product(s) and/or service(s), and all ownership rights in and to such intellectual property rights, documentation and data, shall remain solely and exclusively with Lokotech AS or its third party suppliers, whether or not it was developed specifically for the Purchaser. Payment by the Purchaser of non-recurring charges, as may be made to Lokotech AS for special design, engineering or production materials required for Lokotech AS’ performance on orders deviating from Lokotech AS’ Product line and/or service(s), shall not convey title to either the design or special materials, but title shall remain in Lokotech AS. Except for licenses explicitly identified in Lokotech AS’ Order Confirmation, no rights or licenses are granted, or implied by estoppel or otherwise, under any intellectual property rights of Lokotech AS or its Affiliates or any intellectual property residing in the Product(s) and/or service(s), including documentation or any data furnished by Lokotech AS, except for the license under Lokotech AS’ intellectual property rights to operate the Product delivered by Lokotech AS to the Purchaser for their ordinary function, and subject to the provisions set forth herein. Notwithstanding anything to the contrary herein, these terms shall not be construed as conferring any license, right or immunity, either directly or by implication, estoppel or otherwise to the Purchaser or any third party: (a) with respect to any trademark, trade or brand name, a corporate name of Lokotech AS or its Affiliate(s), or any other name or mark, or contraction abbreviation or simulation thereof; (b) covering a standard set by a standard setting body or agreed to between at least two companies; or (c) if Lokotech AS has informed the Purchaser or has published (in a datasheet concerning the Product or elsewhere) a statement that a separate license is needed or useful. The absence of such a statement in a given version of the datasheet is of no consequence whatsoever if a subsequent version of the datasheet does contain such a statement. Notwithstanding anything to the contrary herein, these terms shall not be construed as obligating Lokotech AS or its Affiliate(s) to furnish any manufacturing or technical information.
  7. Not for Resale or Export. You hereby agree not to allow the Product to be used in any country except in compliance with applicable laws and regulations and represent that You are purchasing the Product for Your own internal use only, and not for resale or export. A waiver from this clause can be made to acknowledged resellers; All such resellers would be listed on lokotech.no/partnerships.
  8. Any additional charges for customs clearance must be borne by You; Lokotech AS has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so You should contact your local customs office for further information. Additionally, please note that when ordering from Lokotech AS, You are considered the importer of record and must comply with all laws and regulations of the country in which You are receiving the goods. Your privacy is important to Lokotech AS and Lokotech AS would like its international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
  9. Lokotech AS reserves the right to terminate and rescind a confirmed Order, or the entire Sales Agreement, immediately in the event the Purchaser breaches any of the terms and provision of this Sales Agreement and fails to rectify such breach within seven (7) calendar days from receipt of Lokotech AS’ notification to the Purchaser of the breach. Lokotech AS reserves the right to immediately terminate and rescind a confirmed Order, or the entire Sales Agreement, in the event that the Purchaser suspends it’s scheduled payment, or any third party suppliers stoppages, or force majeure.
  10. Limited Warranty and Disclaimer, 3rd party warranties. Opening any miner will most likely break any remaining warranty from that supplier. Lokotech does not encourage such activities, and can not be held liable for any form of loss as a consequence of such actions. Lokotech AS warrants that the Product will perform substantially in accordance with the published specifications subject to customary industry standard deviations thereof; where images presented are for reference only and appearance or specifications may change without notice, for a period of one hundred and eighty (180) days from the date of delivery of the Product, unless otherwise set forth in the Order Confirmation rendered by Lokotech AS to the Purchaser. Lokotech AS’ limited warranty herein is nontransferable and is limited to the Purchaser. The foregoing warranty applies only to failures in operation of the Product that are reproducible in standalone form and does not apply to (i) Software and/or Hardware that are modified or altered by the Purchaser or any third party; (ii) if the defect is caused by faulty maintenance, installation or set-up, by alterations undertaken without Lokotech AS’ consent or by faulty repairs; or (iii) Product that is otherwise operated in violation of this Sales Agreement or other than in accordance with the Documentation (defined as the total ). Lokotech AS’ entire liability and the Purchaser’s exclusive remedy for a breach of the preceding limited warranties shall be a fix, patch, work-around, or replacement of the Software or media that does not meet such limited warranty, in case of defect in the Software, or replacement of the defective part, in case of defect in the Hardware. Except as expressly set forth above, no other warranties or conditions, either express or implied, are made by Lokotech AS with respect to the Product(s) and/or service(s) (statutory or otherwise), and Lokotech AS expressly disclaims all warranties and conditions not expressly stated herein, including but not limited to the implied warranties or conditions of merchantability, noninfringement, and fitness for a particular purpose. Lokotech AS does not warrant that the functions contained in the Product will meet Purchaser’s requirements, be uninterrupted or error free, or that all defects in the Product will be corrected.
  11. Limitation of Liability. The Purchaser agrees that in no event shall Lokotech AS, its affiliates, subsidiaries, associates, directors, shareholders, officers or consultants be liable for any indirect, special, exemplary, consequential or punitive damages whatsoever, including amounts representing loss of profits, loss of revenue, loss of use, loss of date, loss of business, or costs of procurement of substitute products or services whether in an action in contract or tort, arising out of the sale of, use of or inability to use the Product and/or service(s), even if those damages were foreseeable or resulted from the breach of a fundamental term of this agreement, or if Lokotech AS has been advised of the possibility of such damages. This limitation shall apply regardless of the failure of any essential purpose. This limitation is an essential part of the Agreement between You and Lokotech AS. You acknowledge that this limitation represents a reasonable allocation of risk, taking into account the price paid for the Product and/or service(s), and that Lokotech AS would not provide the product except under the terms of this Agreement. In the event that, notwithstanding the terms of this Agreement, Lokotech AS is found liable for damages of any kind (including liability for negligence) connected and/or related to this Agreement, Lokotech AS’ total liability for such damages shall not exceed the price in US$ [or the equivalent US$ value of the cryptocurrency conversion rate used to effect the purchase of the Product and/or service(s)] paid to Lokotech AS by the Purchaser for the specific unit of Product and/or service(s) that is the subject of the claim minus eventual reservation fees, or if no single unit of Product or service is so applicable, then Lokotech AS’ liability shall not exceed the amount of price paid in US$ [or the equivalent US$ value of the cryptocurrency conversion rate used to effect the purchase of the Product and/or service(s)] by the Purchaser minus any fees to Lokotech AS.
  12. Disclaimers on Endorsement and External Websites. The responsibility for opinions expressed in authored pieces on Lokotech AS Website rests solely with the author(s), and publication does not constitute endorsement by Lokotech AS. The designations employed in Lokotech AS publications and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of Lokotech AS concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Information posted on the Lokotech AS Website may include links to information created and maintained by other individuals or organizations. These links are provided for information and convenience and do not constitute explicit or implicit endorsement by Lokotech AS of such third parties, information or services. When You follow a link to another site, You are subject to the policies of the outside website.
  13. In order to provide our customers with the best possible quality of service, customer experience, and provide future upgradeability through remotely managed updates or remotely managed service. Lokotech AS reserves the indefinitely right to remotely access and control wholly or in part your products resources. Such control could include re-boots, and could lead to abrupt down time in the products operation.
  14. Copyright © Lokotech AS. Short extracts from the material on Lokotech AS Website may be reproduced unaltered without authorization on condition that the source is indicated. For rights of reproduction or translation, application should be made to Lokotech AS at post@lokotech.no. Lokotech AS welcomes such applications.
  15. Scam Warning. Fictitious publication, announcements or solicitations may be circulated on the Internet. The purpose of these announcements is to obtain privileged information from individuals, or to induce people to pay a fee for services related to Lokotech AS’ main business activities. Please note that all genuine Lokotech AS’ announcements are announced on its official website; lokotech.no, and/or social networks accounts. Lokotech AS advises the public in unconditional terms that it does not authorize or sponsor any consultants, agencies or organizations which, through website postings or otherwise, claim to be charging a fee on behalf of Lokotech AS for soliciting or facilitating purchase processes. Lokotech AS assumes no responsibility for any announcements or activities of such individuals, consultants, agencies or organizations. Any and all acknowledged partners will be listed on lokotech.no/partners to help reduce doubt. Should you have any doubts about the authenticity of an email, letter or telephone communication purportedly from, for, or on behalf of Lokotech AS, please send us an email query at support@lokotech.no before taking any further action in relation to the correspondence.
  16. Use Restrictions.The Product and/or service(s) are licensed to You, as End-User, for Your own use only. The Product and/or service(s) may contain copyrighted material, trade secrets, and other proprietary materials of Lokotech AS. You acknowledge that the scope of the license granted hereunder do not permit End-User (and End-User shall not allow any third party) to: (i) decompile, disassemble, decipher, reverse engineer or attempt to reconstruct, identify or discover any underlying ideas, design, underlying user interface techniques or algorithms of the Product and/or service(s), by any means whatsoever, or disclose any of the foregoing; (ii) provide, distribute, rent, lease, lend, use for timesharing or service bureau purposes, or otherwise use, transfer or allow others to use the Product and/or service(s) for the commercial or other benefit of third parties whether or not for consideration; (iii) modify, incorporate into or with other software, or create a derivative work of any part of the Product and/or service(s); (iv) attempt to circumvent any user limits or use restrictions that are built in to the Product and/or service(s); or (v) sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement and any attempt to do so shall be of no effect. You shall not remove, obscure, or alter Lokotech AS’ or third party suppliers’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained on or within the Product and/or service(s).
We assume some degree of professionality in our customers. If Purchaser is a corporation, partnership or similar entity, then the license granted hereunder to use the Products and/or service(s) is expressly conditioned upon acceptance by a person who is authorized to bind the entity. We assume that any payed and confirmed order constitute an acceptance of such. If not, please refrain from confirming or paying an order.   This Sales Agreement is the entire agreement between the Purchaser and Lokotech AS with respect to the license hereunder and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with the initial version of the Product and/or service(s)). This Sales Agreement shall be governed and construed solely in accordance with the laws of Norway, without giving effect to conflicts of law principles thereof, and only the courts in Oslo, Norway shall have jurisdiction in any conflict or dispute arising out of this Sales Agreement. We cannot ship to Norwegian clients without collecting VAT. If you are Norwegian or represent a Norwegian entity, or if the goods end destination is within Norway, you accept this VAT charge regardless if it is included in the confirmed order. If you are a Norwegian Consumer, you are protected by consumer law (“Forbrukerkjøpsloven”). However, bear mark, that any orders above 3 units will most likely classify you as a professional buyer, as the purchase indicates a volume surpassing applicable laws classifying you as such. If we surpass respective thresholds for collecting VAT in countries within the European Union with applicable laws, you may be subject to VAT and accept any of these charges. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980). If any provision of this Sales Agreement is found to be invalid or unenforceable, it will be enforced to the maximum extent permissible and the remainder of this Sales Agreement will remain in full force and effect. Failure to prosecute a party’s rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. Lokotech AS may, in its sole discretion, modify this Agreement and portions thereof at any time, provided that such changes have been posted on Lokotech AS’ web site(s) or a notice to that effect was sent to the Purchaser via e-mail, postal mail or other means. Date of effect: 29th November 2019.