By using the services of CrackedButNotForgotten,LLC dba CBNF, (hereafter referred to as "Provider") you (hereafter referred to as “You” or “Customer”) agree to be bound by these Terms and Conditions.

1) Returns and Refunds Policy

You agree to the terms of our Returns and Refunds Policy found here . Except as otherwise expressly stated herein, there are no other returns, refunds, or warranties of any kind.

2) Account Setup / Email on file

We will setup your account only after receipt of all required account information, payment receipt verification and the conclusion of all order & fraud screening processes. Providing false contact information of any kind may result in the termination of your account without notice.

3) Content

All services provided by Provider may only be used for lawful purposes. The laws of Hong Kong apply. The Customer agrees to indemnify and hold harmless Provider from any claims resulting from the Customer’s use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our sole and absolute judgment, is inappropriate, obscene, threatening, illegal, abrasive, otherwise questionable, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice, at Provider’s sole and absolute discretion. However, Provider is not required to monitor this information and further disclaims any responsibility for your content. You agree that you are solely responsible for any and all legal and contractual compliance of your content.

4) Payment Information

Customer agrees to supply appropriate payment for the products received from Provider in accordance with the invoice and in advance of the time period during which such products are provided or during which the credit terms stipulate. The receipt of any products or goods from Provider constitutes the acceptance of the invoice and the Customer is bound to and agrees to the full extent of the invoice.

5) Cancellations and Refunds

Provider reserves the right to cancel the account at any time with or without notice. Customer’s Violations of any of the Terms of Service will waive the refund policy.

6) Internal Credit

All Customer internal credit is valid for a period of one year.

7) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including court costs and actual attorney's fees asserted against Provider, its agents, its customers, officers, affiliates, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Customers from Provider's server. By purchasing goods from VMV Capital Investments Limited, you agree to pay any attorney fees or expenses related to the collection of debt on your account or any of your subsidiaries accounts if you fail to pay for the goods purchased and delivered to you. Provider does not store any Customer credit card information on our server. Customer information is securely stored by Braintree.

8) Mediation

By using any Provider services, you agree that any dispute or difference arising out of or in connection with these services shall first be referred to mediation at Hong Kong International Arbitration Centre (HKIAC) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC and in accordance with its Domestic Arbitration Rules (see "9) Arbitration"). You are also responsible for any and all costs related to such mediation and any ensuing arbitration. No action, regardless of its form and arising out of Provider’s services may be brought by Customer against Provider more than one (1) year after the cause of action has occurred.

9) Arbitration

By using any Provider services, you agree to submit to binding arbitration, at Provider’s sole discretion. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider's choice. An arbitrator from the Hong Kong International Arbitration Centre (HKIAC) will be selected. The arbitrator's award is final and binding on all parties. Any dispute, controversy or claim arising out of or relating to this contract, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator. The language to be used in the arbitral proceedings shall be English.

You are also responsible for any and all costs related to such arbitration. No action, regardless of its form and arising out of Provider’s services may be brought by Customer against Provider more than one (1) year after the cause of action has occurred.

10) Disclaimer

PROVIDER IS NOT RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER, INCLUDING ANY LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER OR ITS EMPLOYEES. PROVIDER DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES PROVIDED INCLUDING ANY WARRANTY THAT SERVICE WILL WORK AS REPRESENTED OR FOR ITS INTENDED PURPOSE, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. THE SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, OR INTERRUPTION OF BUSINESS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SERVICES, ARISING OUT OF PROVIDER’S BREACH OF THIS AGREEMENT. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE TOTAL AMOUNT YOU PAID PROVIDER.

11) Disclosure to law enforcement

Provider may disclose any subscriber information to law enforcement agencies without prior consent or notification to the subscriber upon lawful request from such agencies.

12) Changes to the Terms of Service

Provider reserves the right to revise its policies at any time without notice.

13) Disputes / Governance

All issues concerning the construction, validity, enforcement and interpretation of the Terms and Conditions outlined above shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Hong Kong. By doing business with VMV Capital Investments Limited, Customer agrees to waive its right of personal jurisdiction for a venue and expressly agrees that should any dispute or claim arise concerning the Terms and Conditions or services provided the dispute thereof will be resolved exclusively in Hong Kong.

14) Manufacturer Part Incompatibility

Provider expressly disclaims any liability due to manufacturer part incompatibility. Provider is not responsible for manufacturer software locks that may make our parts incompatible during a repair. If manufacturer releases a software update, that when applied, causes a part purchased from Provider to be rendered incompatible or obsolete, provider shall not be held responsible.

15) Product Quality Grades

VMV Capital Investments Limited products can be sold in a variety of quality grades, including "OEM", "Original", "Generic", "Aftermarket", "New", "Refurbished", “Refurbished Original”, "Used", "Semi-Original", "Remanufactured" or "Dismantled". The products purchased on this site (even if designated as "Basic", “Standard”, “Premium”, “Deluxe”, “Platinum”, “Diamond”, “Refurbished” or "Original") may not always be "new" or unused parts. VMV Capital Investments Limited does not guarantee the origination source of any item sold on its website but does take extreme measures to ensure the products it sells are properly designated.

16) Battery Disclaimer

Provider expressly disclaims any liability due to battery part damage. Lithium Ion batteries are to be used with caution. Any piercing or damage done to a battery during a repair may cause severe damage. VMV Capital Investments Limited is not responsible for any damage done by a Lithium Ion battery.

17) International Shipments

Orders shipped outside of Hong Kong may be subject to import taxes, customs duties and other fees levied by the destination country. Customer is fully responsible for any such charges or fees of any kind levied by the destination country including but not limited to any additional fees paid to any customs broker service. Provider has no control over these charges, nor can Provider predict what they may be. Customer is the importer of record and must comply with all laws and regulations of the destination country. Provider is not responsible for any shipments held, seized, or otherwise blocked by the destination country as it is the responsibility of the Customer to assure the product may be lawfully imported to the destination country and to make any necessary arrangements for customs clearance. Provider will not issue refunds to Customer for any orders held, seized, destroyed or otherwise not received by Customer due to destination country governmental agency actions. Customer should speak to their local customs office for answers to any questions related to the lawful importation of CBNF products before placing an order. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. 

18) Order Acceptance Policy

Customer receipt of an electronic or other form of order confirmation does not signify Provider acceptance of Customer order, nor does it constitute confirmation of Provider’s offer to sell. Provider reserves the right at any time after receipt of Customer order to accept or decline Customer order for any reason. Provider reserves the right at any time after receipt of Customer order, without prior notice to Customer, to supply less than the quantity Customer ordered of any item. Provider may require additional verifications or information before accepting any order.

19) Typographical & Other Errors

In the event content on the website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Provider shall have the right to refuse, or cancel any orders placed for products listed at the incorrect price. Provider shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Customer credit card charged. If Customer credit card has already been charged for the purchase and Customer order is cancelled, Provider shall immediately issue a credit to Customer credit card account in the amount of the incorrect price.

20) Your Acceptance of These Terms

By using this Site, you signify your understanding of these terms & conditions. If you do not agree or understand our trademark disclaimer, our privacy policy, or our terms & conditions, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

How to Contact Us

Should you have other questions or concerns about these terms and conditions, please call us at +1 (806) 305-2025 or send us an email at support@vmv.asia