EFFECTIVE DATE: OCTOBER 2017
2. USE OF THE SITE
Welcome to Zaynt and www.zayntwatches.com (the “Site”), which is provided by Zaynt. (“Zaynt,” “we,” or “us”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to purchase (our “Products”). In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. Our lawyers insist that we ask you to take a few moments to read these Terms, which govern all use of our Site and all orders and returns for our Products made through the Site. Please read these Terms carefully and thoroughly. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
1. CHANGES TO TERMS
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3. ELECTRONIC COMMUNICATIONS
By using the Site and providing your contact and other information through the Site, you agree that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.
You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of Australia, United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.
Zaynt stylized name and other related graphics, logos, service marks and trade names used on or in connection with Zaynt Properties are the trademarks of Zaynt and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Zaynt Properties are the property of their respective owners.
Please see our Shipping or Returns page for the retrospective policies.7. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If a Product is not as described, your sole remedy is to return it in unused condition for a full refund.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. LINKED SITES
For your convenience, certain hyperlinks may be provided on the Site that link to other Web sites which are not under our control. We do not endorse or sponsor such Web sites and we are not responsible for the availability, accuracy, content, or any other aspect of such Web sites. We disclaim all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third-party.
Without our express, prior, written permission, you shall not: (a) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to the Zaynt or any entity that is affiliated or associated with Zaynt; or (c) otherwise imply or state that any type of relationship or special arrangements exist with the Zaynt and any other entity; (d) use any tradename, trademark, or brand name of Zaynt in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.
10. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. INTERNATIONAL USERS
This Website can be accessed from countries around the world and may contain references to ZAYNT Properties and other content that are not available in your country. These references do not imply that ZAYNT intends to introduce such ZAYNT Properties or content in your country. ZAYNT Properties are controlled and offered by ZAYNT from its facilities in the United States of America. ZAYNT makes no representations that ZAYNT Properties are appropriate or available for use in other locations. Those who access or use ZAYNT Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Although we strive to make the Site, the Content and the features, materials, information and services provided through the Site reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Site, the Content and all materials, products, information and services available through the Site and Zaynt are at your own initiative and risk. We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, or anything else that you submit to or through the Site or to the Zaynt in any other way, or that you access, use, download, or otherwise obtain on or through the Site or by or through the Zaynt, are: (a) up-to-date, accurate, complete, reliable, truthful and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The site and the content, and all the materials, products and services available on or through the site and the company are provided "as is" and "as available", without any warranties or guarantees, express or implied. We disclaim all warranties, including implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement. We do not represent, warrant or covenant that the site, products or services available on or through the site or through the company are or will be accurate, current, complete, reliable, or appropriate for any particular use to which you, your organization or any third-party may choose to put them, that they are or will be available on an uninterrupted or error-free basis, that defects will be corrected.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE ZAYNT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, BODILY INJURY, EMOTIONAL INJURY OR ANY OTHER INJURY OR LOSS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY THE ZAYNT, INCLUDING ANY PRODUCTS; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) THE ZAYNT PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY THE SITE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL THE ZAYNT, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ZAYNT, EVEN IF THE ZAYNT WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF ZAYNT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF THE ZAYNT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, THE ZAYNT AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold the Zaynt, and the officers, directors, employees and agents of the Zaynt, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and the Zaynt, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.