Thank you for visiting “In Motion Trading”!!
These Terms and Conditions of Service and Use of inmotiontrading.com(the “Terms and Conditions“) are hereby made effective (“inmotiontrading.com” or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of “In Motion Trading”, hereby amend and restate any such prior terms and conditions.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of “In Motion Trading”.
SECTION 1 – GENERAL TERMS
By clicking “I AGREE” and/or using or accessing the Site, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of “In Motion Trading”as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any person;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations other securities exchange and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to issue chargeback disputes against us;
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
- Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of “In Motion Trading”.
SECTION 2 – INTELLECTUAL PROPERTY RIGHTS
The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor’s as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
SECTION 3 – PAYMENT AND PRICES
Prices for products are quoted on the item listing. Our shop contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart and/or customer details.
SECTION 4 – SHIPPING
We will arrange for the products to be delivered to the address for delivery indicated in your order.
However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within  days of the later of receipt of payment and the date of our order confirmation.
Although we endeavour to make sure all products listed on our website are currently in stock and pricing is true and correct, an ordered item may not be available. We will contact you, in case the product is not available.
SECTION 5 – WARRANTY
You warrant to us that:
(a) You have full authority, power and capacity to agree to these terms of sale;
(b) The information provided in your order is accurate and complete;
(c) You will be able to accept delivery of the products;
SECTION 6 – ELIGIBILITY TO USE OUR SERVICES
By accessing or using the Service, you hereby announce and affirm that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Service in violation of these Terms will be banned from using the Service and may be the subject of supplementary action by inmotiontrading.com.
SECTION 7 – REFUNDS AND CANCELLATIONS
Any product once received by you, can be returned to us with a full refund after the delivery of the product.
Once we pick up your return, our team will do the quality check at our end and if the product passes our quality check we will credit the required amount into your “In Motion Trading” account.
Return of or refund for purchased Products shall not be entertained by In Motion Trading if:
- The Product has been used for reasons apart from checking fit and comfort. If we are satisfied that the Product has been used for reasons apart from checking fit and comfort, We shall reserve the right to reject the return of the Product;
- The Product has been washed;
- The price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;
- The serial number/IMEI number/bar code of the Product, as applicable, does not match our records;
- The accessories delivered with the Product are not returned along with the Product, in an undamaged condition;
- There are any dents, scratches, tears or any other damage to the Products or any part thereof;
- In Motion Trading is satisfied that the Product has been rendered used, defective or unusable.
If you received a damaged product, please kindly provide us with proof as below:
- The photos of original package with front and back sides
- The photos or video of the defective item(s)
- The photos, video or screenshot showing the malfunction of the defective item(s)
We will usually offer you a refund or send a replacement as soon as the problem is confirmed.
You can cancel your order before the product has been shipped. Amount paid will be refunded back to the same mode which was chosen by you at the time of making the payment. Unfortunately, an order cannot be cancelled once the item has been shipped from our warehouses.
SECTION 8 – FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 9 – GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with USA law, and the courts of USA will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Notwithstanding anything else set forth in this website, any and all claims, actions, disputes and lawsuits relating in any way, directly or indirectly, to this website, including but not limited to accessibility, services and products related to this website, shall be governed by and construed in accordance with the internal laws of the United States of America without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction.
Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the United States and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
SECTION 10 – INDEMNIFICATION
By using the site you indemnify inmotiontrading.comfrom liability for loss or damage of whatever nature and howsoever arising from your use of the website and or any services, content or obligation in terms of these terms and conditions.
We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We shall have the right to use and disclose any information provided by you through the Site, or other products or services, (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefore of “In Motion Trading”. In no event shall you be entitled to any compensation for the use of any of such information.
SECTION 12 – TERMINATION
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, “In Motion Trading” in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued.
SECTION 13 – REFUSAL OF YOUR ORDER
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We may require verification of information before accepting an order.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 14 – SEVERABILITY
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
SECTION 15 – DISCLAIMER
Thеѕе ѕtаtеmеntѕ have nоt been еvаluаtеd bу the FDA. Our рrоduсts are nоt іntеndеd to dіаgnоѕе, trеаt, сurе or рrеvеnt аnу dіѕеаѕе. Uѕе thеѕе рrоduсtѕ rеѕроnѕіblу аnd аt уоur оwn rіѕk.
Durіng checkout you аѕѕumе аll rеѕроnѕіbіlіtу оf thе рrоduсt and hоld inmotiontrading.com exempt from legal rеѕроnѕіbіlіtу fоr оnе’ѕ actions.
Thе information іѕ nоt to be соnѕtruеd as аdvісе and ѕhоuld not bе trеаtеd аѕ such. Thе general іnfоrmаtіоn оn thіѕ wеbѕіtе is provided “аѕ іѕ” wіthоut any representations or wаrrаntіеѕ, expressed оr іmрlіеd. inmotiontrading.com mаkеѕ nо rерrеѕеntаtіоnѕ оr warranties іn relation tо thе health іnfоrmаtіоn оn this wеbѕіtе. Yоu muѕt nоt rely оn the іnfоrmаtіоn on this wеbѕіtе аѕ an аltеrnаtіvе tо medical аdvісе from уоur dосtоr оr оthеr рrоfеѕѕіоnаl healthcare рrоvіdеr.
If уоu thіnk you are оr mау be ѕuffеrіng frоm аnу medical соndіtіоn, уоu ѕhоuld ѕееk іmmеdіаtе mеdісаl аttеntіоn. You should nеvеr dеlау seeking mеdісаl аdvісе, disregard mеdісаl аdvісе, or discontinue medical treatment bесаuѕе оf information уоu find оn our wеbѕіtе оr рrоvіdеd to уоu bу uѕ. Nоnе of thе іnfоrmаtіоn contained hеrеіn is іntеndеd tо bе a suitable medical dіаgnоѕіѕ оr соnѕtruеd аѕ medical аdvісе or recommended trеаtmеnt. If you аrе considering making any сhаngеѕ tо your lіfеѕtуlе, dіеt or nutrіtіоn, уоu ѕhоuld first соnѕult уоur doctor or hеаlthсаrе рrоvіdеr.
We work hard to provide the best products we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY “IN MOTION TRADING”, HEREBY.
SECTION 16 – LIABILITIES
We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages.
SECTION 17 – THIRD-PARTY WEBSITES
The Site, and other products and services of “In Motion Trading”, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. We have not reviewed all of the sites linked to or from the Site, or other products and services of “In Motion Trading” and is not responsible for the content of any such linked website. We do not exercise control over third party websites.
Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of “In Motion Trading”, nor do we make any representation or warranties, express or implied, with respect to any such website.
SECTION 18 – CHANGES TO THE TERMS
“In Motion Trading”, reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions.
SECTION 19 – WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 20 – COPYRIGHT Copyright © 2020 “In Motion Trading”. All rights reserved. All materials presented on this site are copyrighted and owned by “In Motion Trading” or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.