Antler Books End-User Terms of Service
These end-user terms of service ("Terms") constitute a binding and enforceable agreement between Waylands Groups Inc. ("Antler Books") and you ("User", "You") each time you use the Antler Books Services. User and Antler Books shall collectively be referred to as the "parties" and each as a "party".
By accepting these Terms electronically or by using the Services, you agree to comply with these Terms, so please be sure to read these Terms carefully each time you use the Services. If you do not agree to these Terms, you cannot use any of the Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Antler Books AGREE THAT DISPUTES BETWEEN YOU AND Antler Books WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Antler Books WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
1. Contact Us
For any inquiry you have regarding these Terms, the Services, your Data, and the way Antler Books handles it, or otherwise, please contact Antler Books at: support@antlerbooks.com.
2. The Services
2.1. Subject to these Terms, and to the extent Antler Books has accepted your Transaction, Antler Books allows you to complete a failed transaction and purchase your desired goods or services ("Transaction") from the third party supplier ("Merchant" and "Services" or "Antler Books Services" respectively).
2.2. Antler Books will process your Transaction and collect and process your payment related to the Transaction. Please be aware that the Transaction might appear in your billing statement as conducted by Antler Books and not directly by the Merchant. In addition, once Antler Books is able to complete the Transaction, and if technically possible, Antler Books will send you an electronic message confirming the completion of the Transaction. To the extent applicable, Antler Books will cooperate and support you with initiating a refund request for a Transaction. However, it is hereby clarified that the Merchant is solely responsible for and liable to the goods and services purchased while using Antler Books Services, including for any product warranty, shipment, etc., and Antler Books explicitly disclaims nor assumes any responsibility or liability for the same and for any consequences resulting from your engagement with the Merchant, including for any agreements concluded with the Merchants.
2.3. It is hereby clarified that Antler Books is an independent, third-party service provider that is not affiliated with any Merchant. You acknowledge and agree that your use of the Services does not in any way constitute a tri-party agreement between you, Antler Books, and any Merchant.
3. Restrictions of Use
3.1. By using the Services, you represent and warrant that you are at least 18 years of age and that you will not use the Services for any fraudulent, unlawful, or abusive purpose. You hereby agree to comply with all applicable laws, rules, and regulations, including those regarding data privacy, intellectual property rights, and export control. You may not, directly or indirectly:
- (i) access or attempt to access the Services by any means other than the interface provided or authorized by Antler Books;
- (ii) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
- (iii) use the Services to store, share, or transmit content that is unlawful, infringing, harmful, or violates any person's rights, including privacy rights and intellectual property rights;
- (iv) attempt to disable, impair, or destroy the Services; or
- (v) reverse engineer or decompile the Services.
4. Payments
5.1. There are no finance charges or any interest payment which are associated with the Services provided to you by Antler Books; you will be billed just the amount of the Transaction. Notwithstanding anything to the contrary, you acknowledge that: (i) the issuer of your preferred method of payment may charge interest or other charges in accordance with the issuer's terms and conditions, and Antler Books will not be liable for these additional charges; and (ii) failure to comply with these Terms may incur additional fees and charges to you.
5.2. Antler Books will convert any Transaction made in foreign currency into U.S. dollars based on the conversion rate as of the end of the prior business day. The conversion rate is provided by a third party and may differ from other exchange rates.
5.3. Antler Books reserves the right to conduct a pre-authorization transaction which is a temporary hold placed by Antler Books reserved for future payment of the Transaction. This hold usually lasts up to 5 days, depending on the issuer, or until we settle the Transaction.
6. Refund Policy
6.1. Antler Books offers refunds in accordance with the following policy and applicable law.
6.2. Refund Eligibility:
- Refunds may be available for Transactions that were not completed or processed due to technical errors on Antler Books's part
- Refunds may be available if Antler Books fails to deliver the Services as described in these Terms
- Refund requests must be made within 7 days of the Transaction date
- Refunds are subject to the Merchant's refund policy, as Antler Books facilitates Transactions on behalf of Merchants
- Refunds are not available for completed Transactions where goods or services have been delivered by the Merchant
6.3. Refund Process:
- To request a refund, you must contact Antler Books customer support at support@antlerbooks.com within the applicable refund period
- Refund requests must include your Transaction information and reason for the refund request
- Antler Books will review your request and coordinate with the Merchant, responding within 5-7 business days
- Approved refunds will be processed to your original payment method within 10-14 business days
6.4. Refund Limitations:
- Antler Books reserves the right to refuse refunds for Transactions that have been completed and goods or services have been delivered
- Refunds will not be provided for chargebacks initiated through your payment provider
- Refunds are subject to verification of your account and payment information
- Antler Books acts as a facilitator and may need to coordinate refunds with the Merchant
6.5. Chargebacks:
- Initiating a chargeback through your payment provider may result in immediate suspension or termination of your account
- If you have a dispute, please contact Antler Books customer support first to resolve the issue before initiating a chargeback
6.6. Special Circumstances:
- In cases where Antler Books is unable to complete the Transaction due to technical failures, refunds will be provided in accordance with applicable law
- Refunds may be provided at Antler Books's sole discretion in other circumstances not covered by this policy
7. Your Data
7.1. You hereby acknowledge that Antler Books may collect, use, store, and transmit certain data, including Personal Data that identifies you, including but not limited to your name, Internet Protocol Address, Transaction information, contact information, and billing information, all as detailed in the Antler Books Privacy Policy ("Data").
7.2. Your Data, including any intellectual property rights thereto, shall remain your sole and exclusive property and shall be subject to the confidentiality obligations set forth herein. You grant Antler Books a limited, worldwide license to use, process, and retain the Data as detailed in the Privacy Policy.
8. Intellectual Property Rights
8.1. Antler Books owns all rights, title, and interest (including intellectual property rights) in and to the Services, its website, and technology. If you choose to give Antler Books feedback or suggestions about any part of the Services, website, or technology, Antler Books may use them without any limitations.
9. Warranties; Disclaimers; Limitation of Liability
9.1. EXCEPT AS PROVIDED IN THESE TERMS, Antler Books PROVIDES THE SERVICES "AS IS", WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND Antler Books EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES - STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. Antler Books FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Antler Books BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA (INCLUDING END-USER INFORMATION), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT Antler Books HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Antler Books'S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED 10 U.S. DOLLARS.
10. Limitation on Liability
10.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Antler Books OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD-PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT,
