This website –http://www.whatsminer.net (the “Site”) is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “we”, “us,” and “our” refer to Whatsminer and its affiliates and/or subsidiaries. We reserve the rights to change the nature of this relationship at any time and/or to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
ORDERING THROUGH THE SITE
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”).
Please note that this does not mean that your order has been accepted or confirmed. Your order constitutes an offer to us to buy product/s.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the acceptance of your payment and by your order status moved to processing. The shipment of your order with the title “Whatsminer Order Shipped” (the “Shipping Confirmation”) will serve as notice that your order has shipped.. We reserve the right to cancel your order if we fail to receive your payments in the period designated by us. You can review the status of your order anytime by accessing your User Account created the first time you place an order on our Site.
A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order. We reserve the right to cancel your order at any time before we have accepted and shipped it and we may rescind our acceptance and cancel your order where:
- there has been an obvious error in price;
- the product probably cannot be shipped to the designated address due to the change of custom’s policy or import control of certain country or other Force Majeure event; or
- the product is no longer in our or our third party fulfillment provider’s inventory.
Please do not place your order with anyone or anybody claiming to be an official representative of us over email or Skype or any web site other than the Site. It can be a scam and your confirmed order may never be delivered in such cases. We are neither responsible for nor offer any kind of compensation in such cases.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Despite our best efforts, the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or Payment Confirmation, if the pricing error could have reasonably been recognized by you as a pricing error.
The products on the Site are priced in U.S. dollars. The payments for orders are accepted through the wire transfer in U.S. dollars or cryptocurrency. In the event that you choose to pay through the payment network of cryptocurrency, we will calculate the cryptocurrency amount of your placed Order for your confirmation and payment. The exchange rate of the cryptocurrency against U.S. dollars for such Order will be fixed and later changes to such exchange rate have no effect on the amount to be paid for such Order. Since the price of the products and the exchange rate of the cryptocurrency against U.S. dollars is fluctuating, the orders may be valid only for a certain period. The failure to pay the placed Orders timely may void the Orders.
The unit price and total price of the products, the amount paid by you and the amount that shall be refunded by us to you shall be all denominated in U.S. dollars, no matter what currency you use to make payment or what currency we use to make refund. The exchange rate between U.S. dollars and cryptocurrency shall be adopted following the below rules:
In the event that you pay for your placed Order which is valid and has not been fully paid yet, the exchange rate between U.S. dollars and cryptocurrency fixed in such placed Order shall be adopted;
Otherwise, the real time exchange rate between U.S. dollars and cryptocurrency displayed on the Site upon payment shall be adopted.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
All purchases are final. On rare occasions we may, at our sole discretion, make an exception. Such exceptions are made on a one time only basis and do not obligate us in any way whatsoever in subsequent cases.
You consent to receive sales invoices electronically. Electronic invoices will be made available in the User Profile area of the Site.
Delivery will be arranged after the order is fully paid. Delivery service is provided by third parties such as the national post services or DHL. Please note the retail price of products does not include the delivery cost unless otherwise stated on the website. Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Upon delivery of the products to the carrier, it shall be deemed completion of our delivery, and the title and the risks of damage and loss of the products shall be transferred to you.
Occasionally parcels are returned to us as undeliverable. We will re-dispatch your order but additional charges shall be borne by you.
- Incorrect address. If the address is incorrect or outdated the parcel will typically be returned to us by the carrier or the unintended recipient. Please double-check the address carefully when placing your order.
- Incorrect address format. If our system doesn’t recognize the way an address was entered the parcel may be assigned to a carrier that can’t deliver to that address.
- Failed delivery attempts. Most of our carriers will make more than one attempt to deliver a parcel. If they find that they cannot successfully deliver your parcel it will be returned to us.
- Refused by recipient. A gift recipient who is not expecting a gift may refuse a parcel if he believes it is being delivered to him by mistake.
- Illegible address. In rare cases address labels may become illegible in transit. If that happens a carrier will return the parcel to us.
- Damaged in transit. If a parcel is damaged while it is on its way to you the carrier may return it without attempting delivery.
Additional shipping charges might occur if the package could not be delivered to the address you provided in your order.
You are entitled to initiate an Investigation process with us if the shipping status satisfies at least one of the following conditions: 1) package does not leave country of origin in 10 days, or 2) package does not appear on foreign tracking in 21 days, or 3) last update on foreign tracking is older than 10 days.
The Investigation process may take up to 6 weeks after you initiate it, due to processing time at the post office in the country of origin. Communication between you and us is essential during the Investigation period to keep information on delivery status up to date. We will send a replacement product if package is not found or delivered within this period.
Refunds are only granted on special occasion upon approval by a manager and specified on products page.
We warrant the product, its components and labor to be free from defects in material and workmanship under regular uses defined in user manuals and this Warranty during the warranty period. The warranty period of certain product is specified on the page of that product and commences on the date of original purchase.
We further warrant the replaced product and/or its parts or components to be free from defects in material and workmanship for a period of thirty (30) days from the date of replacement, or the remainder of the warranty period, whichever is greater.
This warranty is non-transferable and is enforceable only by the original purchaser. Any product that has not been purchased as new from Us or our authorized vendor and/or its associates is expressly excluded from this warranty. This warranty does not apply to products that are obtained as a result of the purchase of a product not sold by Us.
We shall not be responsible for any incidental or consequential damages incurred and/or occurred in connection with the product or its purchase. Our responsibility is limited solely to the product itself. We assume no responsibility for any loss or costs due to third party’s or customer’s loss of profit, or any other indirect cost or losses however incurred. We reserve the right to make changes or improvements in design, firmware or manufacturing without assuming any obligation to change or improve products previously manufactured and/or sold.
We offer no warranty for pre-installed software, its quality, performance, functionality, or compatibility for a particular purpose. We do not warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free. The product is sold “as is”.
To the extent permitted by applicable law, this warranty does not apply to:
normal wear and tear;
damage resulting from accident, abuse, misuse, neglect, improper handling or improper installation;
damage or loss of the product caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
damage or loss of the product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
alterations by persons other than Us, associated partners or authorized service facilities;
products, on which the original software has been replaced or modified by persons other than Us, associated partners or authorized service facilities;
damage or loss of data due to interoperability with current and/or future versions of operating system, software and/or hardware;
damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the product documentation;
failure of the product caused by usage of the products not supplied by Us;
hash boards or chips are burnt.
This warranty gives you specific legal rights. You may also have other rights granted under law which vary from country to country. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
During the warranty period, we will undertake to repair, or based on our sole discretion, to replace a defective product by an identical or similar (e.g. newer) version of the product, unless the defect was the result of Warranty limitations. The repair of the product is free of charge for the parts, components and labor necessary in order to perform the repair and restore the product’s proper operating condition, provided the unit is returned otherwise undamaged and shipping prepaid, including insurance, to our service processing facility.
The costs incurred in connection with the returning of the product, part, or component to our service processing facility shall be carried by the product owner. If the product, part, or component is returned uninsured, you assume all risks of loss or damage during shipment.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work, and we own or license a copyright and/or database right or in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site, products offered through the Site, or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
YOUR USER ACCOUNT / AREA
If you use the Site, you are responsible for maintaining the confidentiality of the information of your User Profile / Account name and the corresponding password, and for restricting access to your computer and emails used with account creation. You agree to accept responsibility for all activities that occur from your User Profile and/or in connection with it. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the User area of the Site.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an “AS IS,” “as available” basis. Neither Whatsminer Technologies Limited, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Whatsminer Technologies Limited, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, Whatsminer Technologies Limited specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Whatsminer or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Whatsminer Technologies Limited or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Whatsminer Technologies Limited records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Whatsminer Technologies Limited has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity.
You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you, we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Whatsminer Technologies Limited, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Whatsminer Technologies Limited or any third party. Notwithstanding the foregoing, neither Whatsminer Technologies Limited nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Whatsminer Technologies Limited, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
YOUR USER CONTENT POSTED ON THE SITE
For any information, like email addresses, shipping contacts or other information or data (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant us and our respective contractors and business partners a non-exclusive, transferable, license to use, copy, digitally store, and distribute such User Content and to prepare derivative works based on, or incorporate into other works.
You agree not to post, upload, or transmit any User Content that violates the intellectual property rights or ownership rights of any third party including: any proprietary right of any party, especially bitcoin payment address that is not yours or that you have gained access to by an unlawful act such as private key seizure, through a wallet – stealing virus or through any other act of breaching the original owners’ rights, copyright, patent, trademark, trade secret, publicity or privacy rights such as other persons shipping contacts or email address without his/her prior written consent. You understand and agree that we do reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
YOUR CONSENT FOR NOTICES WE SEND YOU
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via email will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
If there is any inconsistency or ambiguity between these Terms and the Contract executed between you and us (the “Contract”), the Contract shall prevail.
We will not be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
You agree that the laws of the Hong Kong, Special Administrative Region of the People’s Republic of China, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Whatsminer Technologies Limited.
Any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to a court in Hong Kong.
Should you in any manner have violated or threatened to violate Whatsminer Limited’s or its Associates’ intellectual property rights, Whatsminer may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.