TERMS AND CONDITIONS

GAMERTECH “MAGMA GLOVE” PRODUCT ORDER FORM

This “Magma Glove” Product Order Form (the “Agreement”) contains the terms and conditions with respect to your order of the “Magma Glove” wearable glove product (the “Magma Glove”) and/or the “Magma Glove” wearable glove product and docking station (referred to as “Magma Glove Combo”) (hereinafter collectively referred to as the “Product”) from MAS Design Inc., 450 7th Avenue, Suite #802, New York, NY 10123.

Terms & Conditions

By entering into this Agreement, (“You” and/or “Buyer”) hereby confirm that You are ordering the Magma Glove and/or the Magma Glove Combo (the “Product”) and You agree to the following terms and conditions indicated in the Product Order Form.

BY ORDERING AND PURCHASING THE PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY UNDER WHICH CLAIMS MAY BE BROUGHT IN A COURT AS DESCRIBED HEREIN. DO NOT ORDER THE PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” AND/OR “BUYER” MEANS BOTH THE INDIVIDUAL PLACING THE ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY. THE COMPANY RESERVES THE RIGHT TO FULFILL ITS OBLIGATIONS ACCORDING TO THIS AGREEMENT THROUGH ANY SUBSIDIARY, PARENT AND/OR OTHERWISE AFFILIATED COMPANY, WITHOUT NOTICE TO YOU.

1. You enter this Agreement when (1) you submit the Product Order Form and (2) the Company receives your Payment (the “Effective Date”).

2. You agree that this Payment constitutes acceptance of this Agreement, and You agree that You have reviewed and read this Agreement prior to accepting the Agreement. You agree that the Agreement is available for download at any time by emailing: support@gamertech.gg.
3. Ordering a Product means that You will pay for the Product at the time that You make the order, but You acknowledge and agree that the Product will be delivered at a later date (estimated to be delivered on or before 15th August, 2024). You acknowledge and accept that the Company takes the Payment for Your order for the Product when You make the order rather than at the delivery of the Product.

4. This Agreement and the Payment hereunder is only open to United States residents and as a result, You warrant that You currently live in and are currently domiciled in the United States and that You shall receive the Product at Your domicile in the United States. You must be at least 18 years of age to submit an order for the Product. By agreeing to this Agreement, You represent and warrant to the Company that You meet the foregoing requirements. If You are ordering the Product on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that organization to this Agreement and You agree to be bound hereby on behalf of that organization. 

5. This Agreement constitutes a sales contract. By filling out this Agreement and by making the Payment hereunder, You have purchased the selected Product. You shall pay either the full purchase price of the selected Product as described below: (1) $199.00 or $249.00 (the "Full Amount”); or (2) one ($1.00) U.S. dollar (the “Partial Amount”) (collectively referred to as the “Payment”). For avoidance of doubt, this Agreement provides You with a fifty ($50.00) U.S. dollar discount off the retail price of the Products hereunder. As a result of the Buyer’s Payment under this Agreement, You shall have the option to purchase the Magma Glove at the reduced retail price rate in the amount of one hundred ninety-nine ($199.00) U.S. dollars and/or shall have the option to purchase the Magma Glove Combo at the reduced retail price rate in the amount in the amount of two hundred forty-nine ($249.00) U.S. dollars. The Payment is without taking into account any taxes, shipping and/or other associate fees, that shall be paid (if any) by You. You are solely responsible for payment of all fees and/or taxes associated with the order and purchase of the Product hereunder. Methods of payment accepted are: (1) Credit Card Payment (Visa, MasterCard) or (2) Express Checkouts for full price orders includes Google Pay and Apple Pay. The price listed above does not include import duties, taxes, transfer fees, and other governmental charges, which are the Buyer’s responsibility.
6. If Partial Amount is paid by You hereunder, You will be charged the remainder of the listed reduced purchased when the Product is ready to be shipped to You, from the credit card or other payment method You entered and/or utilized at the checkout. You will be notified regarding the upcoming charge to You from Company (via Email) no less than fourteen (14) days before and then again one (1) day before the actual payment charge date.

7. The Company will distribute Product prioritizing and according to the customers who paid the Full Amount first before any customers who paid the Partial Amount hereunder. The Payment allows You to benefit from receiving an approximate delivery date and the fifty ($50.00) U.S. dollars reduced Product retail rate as well as allows You to benefit from additional product information, discounts, promotions, and/or release updates related to the Magma Glove and/or other Products, partners, or promotions of the Company and/or the Company’s affiliates, partners, subsidiaries, and/or associates.

8. When submitting the order, You are required to provide certain personal information and You represent and warrant that all such information is accurate, and You shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and the Company shall have no obligation to make efforts to determine the correct contact or shipping information. The Payment also permits the Company to send You periodic updates via email to the Email address provided by You related to the Magma Glove and/or other Products, partners, or promotions from the Company and/or the Company’s affiliates, partners, subsidiaries, and/or associates. The Payment does not proscribe an estimated delivery date which shall be provided to You by the Company via email at the Email address provided to the Company by You.

9. By providing the Payment to the Company and by submitting the requested information, You explicitly consent and agree to receive promotional marketing emails from the Company and the Company’s affiliates, partners, subsidiaries, and/or associates and that the Company may, from time to time, send You new product and feature announcements, marketing materials and promotional offers via email. These emails may include information about the Company’s products, services, promotions, and other relevant updates. Your personal data will not be shared with or sold to anyone outside of the Company. If You do not wish to receive marketing emails from the Company or the Company’s affiliates, partners, subsidiaries, and/or associates, You may unsubscribe at any time using the opt-out link in the footer of any email and/or by sending an email request to: support@gamertech.gg.

10. Information Collection and Use. Certain information is collected from You so that the Company can process Your order and to track and implement the Discount hereunder more efficiently. The types of personal information collected include Full Name; Residential Address; and Email address (collectively referred to as the “Personal Information”). Personal Information is collected by signing this Agreement and submitting the Payment and Personal Information hereunder. Except for sharing the Personal Information with third parties to fulfill orders and to provide customer service, the Company will not grant any third party the right to share Your Personal Information with others. Notwithstanding anything to the contrary, the Company reserves the right to disclose any of Your Personal Information, content, records, or electronic communication of any kind (including personal information or private electronic communication transmitted on our site): (i) to satisfy any law, regulation, or government request or (ii) to protect the rights or property of the Company or its users, sponsors, providers, licensors affiliates, partners, subsidiaries, and/or associates. If you place an order with the Company, the Company sends Your Personal Information to the Company’s fulfillment partners. By submitting Your Personal Information to the Company by providing a Deposit, placing an order, creating an account or otherwise, You agree to receive ongoing email communications and marketing from the Company. You may opt-out of marketing communications at any time using the links provided at the bottom of these communications and/or by sending an email request to: support@gamertech.gg. Personal Information which You have supplied to the Company may be changed at any time. You can make the changes to Your Personal Information by sending an email to: support@gamertech.gg.

11. Business Transfers. In the event of the sale of the Company to a third party, it is possible that Your Personal Information may be transferred, and that third party may continue to use Your Personal Information as set forth in this Agreement.

12. Ongoing Communications. The Company will continue to send You important transactional correspondence such as any communications regarding this Agreement by means of phone calls, text messages and/or emails. Even after unsubscribing from the Company’s marketing communications, You will still continue to receive transactional messages and updates in regards to orders You have placed (if any).

13. Cancellation of Order. You may NOT cancel your order at any time after making Your Payment. However, if the Company sends You a notice (via Email) that the Company shall miss the estimated time of delivery (ETD) provided in this Agreement, then Your sole and exclusive remedy and the Company’s sole and exclusive liability shall be that the Company shall solely refund the Payment made by You to the Company under this Agreement. Said Refund shall be provided to You within thirty (30) days of the Company’s written notice (via Email) to support@gamertech.gg of Your cancellation to the payment method utilized by You to initially complete the Payment hereunder.

14. Delivery of the Product. The Product being ordered is not currently available for delivery. Although the Company will make reasonable efforts to begin delivering Product as soon as reasonably practicable, You understand and agree that there may be delays. The estimated time of delivery (ETD) of no later than 15th August, 2024 and this is only an estimate and is subject to change by the Company, and the Company does not represent or warrant that it will be able to deliver the Product by the estimated date. As a result, in the event that a delay arises and the estimated release of the Product is not met, the Company is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth herein, to provide any discounts, refunds or credits due to any such delays. The Company will provide you periodical updates with respect to such delivery schedule. The Company will provide You updates with respect to such delivery schedule.
15. Risk of Loss. Risk of loss or damage passes to Buyer upon delivery to the carrier. If Buyer fails to accept delivery of any of the Product on the date set forth in the Company’s notice that the Company has delivered the Product to the Delivery Location, or if the Company is unable to deliver the Product to the Delivery Location on the date because Buyer has failed to provide appropriate instructions, documents, licenses, or authorizations, then: (i) risk of loss to the Product will pass to Buyer; (ii) the Product will be deemed to have been delivered to Buyer; and (iii) the Company, at its option, may store the Product until Buyer takes possession of them, at which time Buyer will be liable for all costs and expenses resulting from the failure (including but not limited to the cost of storage and insurance). Title passes to Buyer upon Buyer’s payment in full for the Product.

16. Disputes. If either party hereto institutes any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating to the Agreement and/or the Product, such action shall be brought solely in the federal and/or state courts of the State of New York, County of New York and shall be governed by New York law and the parties hereto submit to the jurisdiction and venue of said court. For avoidance of doubt, the parties agree to submit to the exclusive jurisdiction over all disputes hereunder in the federal and state courts in the State of New York located in New York County.

17. Product Warranty. Except to the extent that warranties are required by law, the Product is provided “AS IS”, with all faults. The Company expressly disclaims all express and implied warranties, including without limitation any warranty of merchantability, non-infringement of third-party patents, or fitness for a particular purpose. The Company warrants that Product sold hereunder meet their descriptions or specifications, subject to use, storage, and application thereof in accordance with and based on the Company's standard tolerances, instructions of use and recommendations. Unless otherwise restricted by mandatory applicable law, the warranty set forth herein is expressly in lieu of all other warranties, whether expressed or implied, including, without limitation, any and all warranties of merchantability, quality and fitness for use and for purpose, any advice and recommendation and any obligations or liabilities which may be imputed to the Company, any and all of which are hereby expressly disclaimed, denied and excluded. Buyer expressly agrees that no warranty that is not specifically stated in this Agreement will be claimed or otherwise adhered to by Buyer and/or by anyone acting on Buyer’s behalf and/or by anyone deriving the legality of its claim from Buyer, nor that will any such warranty be valid. The Company neither assumes nor authorizes any other person to assume for it, any other liability in connection with the sale, use or handling of any and all goods specified or contemplated by this Agreement. No warranty is made with respect to any of these goods which have been subject to accident, negligence, alteration, improper care, improper storage, improper maintenance, abuse or misuse.
18. DISCLAIMER. The Company warrants that the Magma Glove is NOT a medical device, and the Magma Glove does not provide therapeutic, preventive, and/or medical benefits. You acknowledge that the Magna Glove may provide increased performance and comfort during the recreational activity of gaming, but that the Magma Glove will NOT cure and/or alleviate or reduce any medical and/or health condition and/or disease and the Magma Glove is NOT intended to be used as a medical product and/or device. Accordingly, the Magma Glove is intended only for general wellness use and is NOT intended to prevent or cure any injury, ailment, disease and/or other medical condition or diagnosis.
19. Limitation of Liability. The Company is not liable for any collateral, consequential, indirect, punitive, special, exemplary, or incidental damages arising out of or related to this Agreement or use of the Products, even if the Company shall have been advised of such potential damages. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of Your Payment. In the event Company is held liable for any damages arising out of related to this Agreement, Your sole and exclusive remedy will be the full refund of your Payment hereunder without interest and/or any other costs. These limitations will apply whether the liability arises in contract, tort (including negligence), strict liability, under statute or otherwise.

20. Claims and Liability. If the Company does not receive from the Buyer written notice (via Email) whereof it is alleged that Product is not in accordance with the Agreement within fifteen (15) business days after delivery of the Product, the Product delivered shall be deemed to have been supplied, delivered, and accepted in all respects in full conformity with the Agreement and the Buyer shall be entitled neither to reject the same nor to raise any claim for damages and/or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
    
    
21. Indemnity. You alone are responsible for the manner in which You use the Product. You shall defend, indemnify and hold harmless the Company and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from Your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use. Buyer and any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold the Company harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Product sold hereunder, whether alleged to have been committed by the Company or by any other person whatsoever. The Buyer's undertaking as specified in this section shall extend and inure to the benefit of the Company and of the Company's successors at any time, as well as to the Company's affiliates, personnel, representatives, managers, directors, and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations. Any and all warranties, undertakings, guarantees or assurances provided herein by the Company, are specifically limited to Buyer herein, and not imputed by the Company, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent buyer or user, bailer, licensee, assignee, employee and agent of Buyer.
    
    
22. Force Majeure. Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to this Agreement, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; health and/or medical epidemics and/or pandemics including but not limited to COVID-19; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.
    
    
23. Confidentiality. Whether during the term of the Agreement or otherwise, the Buyer shall be required to maintain secrecy regarding the Confidential Information that comes to the Buyer’s knowledge, and not to disclose it in any manner to any third party and/or to provide it for use; the Buyer shall use the information exclusively for the purpose for which it was placed at its disposal. Third parties shall also include all persons working in the organization of the Buyer who do not need to be informed of the information. Within the meaning of these Terms and Conditions, the term "Confidential Information" shall be defined as: All information provided directly or indirectly in written, oral or other form which is designated as confidential and/or which the other party knows to be or should reasonably understand to be confidential; All product, marketing, customer and/or other business information designated as such and/or which the other party knows to be or should reasonably understand to be confidential, regardless of the manner in which it has been provided; All documentation, data, drawings, benchmark tests and benchmark data, specifications, production methods, technologies and/or other information in connection with software or hardware developed by the Company that is designated as confidential and/or which the Buyer knows to be or should reasonably understand to be confidential, regardless of the manner in which it has been provided; Any copy in any shape or form of the above. The Buyer’s obligations shall not apply in regard to confidential information as to which the receiving party can prove that (i) it is generally known and/or publicly available or (ii) that it was already known to it and not subject to any confidentiality obligation prior to it being furnished to the it by the other party. The Company ensures that all personal data provided by the Buyer for processing purposes is collated and managed in accordance with the applicable data protection laws.
    
    
24. Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of New York. Prior agreements, oral statements, negotiations, communications or representations about the Magma Glove and/or any others made under this Agreement are superseded by this Agreement. Any terms relating to the pre-order not expressly contained herein are not binding.

25. Assignment. The Company may assign this Agreement at its discretion to one of its affiliated entities.

26. This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.

27. Notice. Notice to Company shall be sent by e-mail to Company at support@gamertech.gg. Notice to you shall be sent by email to the email address. 

28. Entire Agreement. This Agreement represents the entire agreement governing the Company’s relationship with you. This Agreement incorporates the Company’s Privacy Policy, which is available at: Privacy policy (gamertech.gg). Any prior discussions and agreements between You and the Company and any general purchase conditions or other document issued by You relating to the purchase of the Company’s Product will not apply, unless the Company expressly agrees otherwise in writing signed by an authorized representative of the Company. You may not assign or transfer this Agreement to any third party.