Terms and Conditions
This website is managed and owned by “Friendship Lamps”. All mentions of “we”, “our”, and “us” refer to this brand. All the services and products that Friendship Lamps offers are subject to the terms and conditions mentioned here and your use of them implies you have agreed to these terms and conditions. We recommend you read these terms and conditions carefully before you use our website or purchase our products.
- Use of Product and Service Terms
You may not use our products or services for any unauthorized/illegal purpose. You may not, as you use this service, violate laws laid down in your jurisdiction and this includes but is not limited to copyright laws. You may not use our content, products, and services without express written permission from us and this includes the use of website textual content, images, and information.
We have the right to change our products and pricing at any time & without prior notice, and we can’t be held liable for this.
We also can’t be held liable if anyone uses our products or services for purposes they aren’t designed or intended for.
- Products and Services Conditions
Our returns system is fully described in our Return Policy page. Please refer to it if you have any questions on how to return our product and get a refund.
We have the right to limit or deny sale of our products to any person in any location or jurisdiction and can’t be asked to explain our reasons. We also have the right to limit the number of products we ship out to an individual buyer and will exercise this right on a case-to-case basis at our discretion.
We can also cancel any order at any time and will provide a full refund for services denied. We may discontinue a product at our discretion and aren’t required to inform our customers in advance.
We may have third-party links in some of our content that will direct you towards a different website. These websites aren’t affiliated with us and we’re not required to evaluate their content or products for quality. We recommend you read the terms and conditions of the third party website before you purchase any products or services from them.
We can’t be held responsible for any damage from the use of products and services from third-party websites. All of the concerns and claims related to your interaction with the third-party website must be addressed to them.
You’re not permitted to use our website, products, and services for any illegal purposes and this includes:
- Using the content and services to perform illegal activities.
- Soliciting others to perform illegal activities on our website or through our products and services.
- Violating any international, state, federal, and local laws through our products and services.
- Infringing upon any intellectual property rights related to our website content.
- Harassing, abusing, harming, insulting, slandering, disparaging, trying to intimidate or discriminate on the basis of gender, religion, age, sexual orientation, ethnicity, race, national origin, or disability on our website.
- Submitting false information.
- Uploading any malware or malicious codes into our website.
- Trying to bypass or disable any security measures in our website.
- Disclaimer on Warranties and Limitations on Liability
We do not guarantee or warrant that our service during your use will be secure, timely, uninterrupted, and without errors. We also don’t warrant that any results or service you obtain from the use of our products and services will be reliable or accurate. We may remove the service for an indefinite period of time or cancel the service entirely without any prior notice to you. The ability to use or not use our services is at your own risk and we have no liability in the matter. All our products and services delivered to you through our service are delivered ‘as is’ and ‘as available’ for you to use unless expressly stated by us. This is without any warranties, representation, conditions that are express or implied. This includes implied conditions and warranties of merchantability. Our employees, including directors, officers, interns, agents, affiliates, contractors, service providers, suppliers, or licensors are not liable for any loss, injury, claim during your use of our products and services. We’re not liable for any damages, be they direct, indirect, punitive, incidental, special, or consequential. This includes”
- Lost profits
- Lost savings
- Loss of revenue
- Loss of data
- Any replacement costs, etc, whether they’re based in contract, strict liability or otherwise, which includes negligence, due to your use of any products and services provides by us.
- Any damages due to your use of our products and service, including any errors or omissions in our website content that is posted, communicated, transmitted, or otherwise made available to you through our service.
Certain jurisdictions don’t permit the exclusion or even any limitation of liability for consequential/incidental damages, our liability will be limited to the maximum extent permitted by law in these jurisdictions.
These terms and conditions and any legal agreement we make with customers will fall under the jurisdiction of NSW Australia. So any disputes and claims regarding our services must be made in New South Wales.
We can change our terms and conditions at any time and without prior notice. It is our sole discretion to update, revise, add, or remove points from these terms and conditions. We encourage you to check this page regularly and before you use our products and services. We’re not required to inform you of the changes in our terms and services. If you continue to use our services and products, you agree to everything mentioned on this page, regardless of when and how it’s updated. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out:
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify:
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.
This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA
]. Cost and Frequency:
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions
: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS].
Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure:
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty:
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements:
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction:
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content:
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution:
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Friendship Lamps
’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. Contact
If you have any questions about our terms and conditions as well as our products and services, feel free to contact us at email@example.com
. We’ll endeavor to reply as quickly as we can.