Terms and Conditions
SHIPPING; RETURNS; REPLACEMENT CHARGES; PAYMENT METHODS; TAXES.
Zomalto’s Shipping and Returns Policies apply to purchases.
All sales of Zomalto physical products are made pursuant to a shipping contract. This implies that on our delivery to the courier, the danger of loss and title for such products passes to you. You will need at least one valid payment method associated with your account to buy via zomalto.com; If we deliver a replacement product to another customer for a product they originally ordered using an individual payment method (such as a personal credit card) and the original ordered product is not returned within 30 days of the replacement request, you accept and agree that we may charge a replacement request any eligible payment method on record for the relevant User Account for the replacement product. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement.
UNLESS OTHERWISE Stated IN WRITING, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU BY zomalto.com ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ZOMALTO MAKES NO REPRESENTATIONS OR Guarantees OF ANY KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, ZOMALTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ZOMALTO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF ZOMALTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOMALTO’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY.
a. Customer Information. We require you to provide information about your User to access and use Zomalto’s account, and you may need to provide supplemental information to use or purchase some products. You will ensure that all information that you provide to us is at all times accurate and complete. We may share information you provide (for example, your organization’s name, addresses, Taxpayer Identification Number) with others in your organization and third parties to confirm the accuracy of such information.
b. Privacy. Except as disclosed in this Agreement, our use of your information is governed by the terms of the zomalto.com
c. Confidentiality. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You may use Confidential Information only in connection with your use of zomalto.com.
GOVERNING LAW, DISPUTES, GOVERNMENTAL ENTITIES.
a. Governing Law.
The laws of the State of Florida, without reference to conflict of law rules, as well as the Federal Arbitration Act and federal arbitration law, govern the Agreement and any dispute that might arise between you and us that pertains to Zomalto or this Agreement. The United Nations Convention for the International Sale of Goods does not apply to the Agreement.
a. Disputes. Any dispute or claim relating in any way to zomalto.com or this Agreement will be resolved by binding arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our email email@example.com. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
b. Public Sector Entities. If you are a public sector entity and precluded by law from agreeing to any of the provisions of Section 8 as set forth above, then any disputes with you will be governed by the substantive laws of the sovereign under whose laws you were formed and the venue for any such dispute will be the venue required by the laws of such sovereign. Similarly, if the laws of such sovereign would result in other provisions in this Agreement being deemed unlawful, void or for any reason unenforceable against you, those provisions will not apply to you and will be deemed severable from this Agreement. All other provisions in the Agreement remain in full force and effect.
We may, at any time in our discretion, change the Agreement by posting such a change on zomalto.com or by notifying to your registered email account in our store. YOUR CONTINUED USE OF ZOMALTO’S PAGE AFTER WE CHANGE THE AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MAY CANCEL YOUR ACCOUNT OR REFRAIN FROM USING THE ZOMALTO SERVICES IMPLICATED BY SUCH CHANGES.
The Agreement constitutes the exclusive and complete agreement between us and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of the Agreement or which may be in any order, receipt, acceptance, confirmation, correspondence or other document, including informational forms we complete, sign or otherwise provide to you for your convenience.
TERM; TERMINATION. This Agreement takes effect when you create a Zomalto account and continues in effect until you or we terminate it. We may terminate the Agreement by providing notice at any time. We reserve the right, in our sole discretion, and with or without notice unless required by applicable law, to refuse service; remove or edit content; modify, suspend or discontinue the availability of any products, or services; and/or cancel orders. Zomalto may choose to charge, modify, or stop charging a fee for any service in its sole discretion. Upon termination, all rights and obligations under the Agreement automatically terminate except for rights of action occurring prior to termination and payment obligations.
a. Severability. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
b. Conflicts. In the event of any conflict between the Agreement and the Policies, the Agreement will prevail. In the event of any conflict between the Agreement and the Feature Terms, the applicable Feature Terms will control.
c. Notices. You consent to receive communications from us electronically, including through e-mails, text messages, in-app push notices, notices and messages posted on zomalto.com or other communications made available to you on a desktop or mobile device. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may retain copies of all of these communications for your records. We may also send you notices at the address provided when registering your Zomalto account, which you agree is a proper and valid address for any legal or contractual purpose.