Terms of Use
Last updated: December 12, 2022
Please read these Terms of Use carefully before using our Service.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have the meanings set out herein, regardless of whether they appear in the singular or in plural.
Definitions
For the purposes of these Terms of Use:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to the United States of America and the State of California
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Alpha Teknova, Inc., with offices at 2451 Bert Dr., Hollister, CA 52245, USA
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Goods refer to the items described or offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Website.
Terms of Use (also these "Terms") means these Terms of Use that form the entire agreement between You and the Company regarding your use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, described, included, or made available by or through the Service.
Website refers to the website operated by the Company, accessible from https://www.teknova.com
You / Your refers to the individual accessing or using the Service, or the company or other entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Acknowledgment
These are the Terms governing the use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Website You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures governing the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including, but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with our Terms of Use.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Website. The Goods depicted on our Website may be mispriced, described inaccurately, or be unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services described on our Website. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time and without prior notice.
4. User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
5. Intellectual Property
The Service and its content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
6. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any web sites or services owned or operated by others. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms of use and privacy policies of any third-party web sites or services that You visit.
7. Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
8. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service or US$100 if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, or loss of privacy arising out of or in any way related to the use of, or inability to use, the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow, or limit, the exclusion of implied warranties or limitations of liability for incidental or consequential damages, which means that some of the limitations set out in these Terms may not apply to you. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
9. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE," with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, be available or operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Company does not make any representation or warranty of any kind, express or implied, that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are or will be free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
10. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
11. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
12. For European Union Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the European Union and the country in which you are resident in.
13. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that the United States government has made subject to any embargo, designated as a state sponsor or terrorism, or prohibited or restricted U.S. persons from transacting, and (ii) You are not person with which the U.S. government has prohibited restricted U.S. persons from transacting.
14. Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be revised and interpreted to become enforceable and valid and so to accomplish the objectives of such provision to the greatest extent possible under applicable law; the remaining provisions will be unchanged and continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Translation & Interpretation
These Terms may have been translated into a language other than English. You agree that the original English text shall govern.
16. Changes
We reserve the right to modify or replace these Terms of Use at any time and in Our sole and exclusive discretion.
17. Contact Us
If you have any questions about these Terms, You can contact us:
By email: info@teknova.com