OVERVIEW
This website is operated by Zingifi. Throughout the site, the terms “we”, “us” and “our” refer to Zingifi. Zingifi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ELIGIBLITY
You may use the website and Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
Website access and products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content of our Service is appropriate for their children or minors in custody.
By using the website and Service, you represent and warrant that you have the full right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.
You represent and warrant that your use of the platform does not violate any applicable law or regulation. Zingifi may, at its sole discretion, refuse to offer the website and Service to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
Promotions, contests and sweepstakes are subject to their own terms and conditions and may be terminated without notice. Before entering any contest or sweepstakes, please refer to the terms and conditions of each contest or sweepstakes, which shall form an integral part of these Terms.
SECTION 2 - ACCOUNT
If you register on Zingifi, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zingifi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Zingifi. Zingifi will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Zingifi with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications and other messages, such as changes to service features, product news and special offers on our products. If you do not wish to receive these emails, SMS messages or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails or by replying with the word "STOP" to SMS messages. Opting out may prevent you from receiving emails, SMS messages and push notifications about updates to your order, news or special offers on our products.
Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data granted to Zingifi.
Zingifi reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Zingifi believes that you have breached any of these Terms, furnished Zingifi with false or misleading information, or interfered with use of the website or the Service by others.
SECTION 3 - SHOPPING ON THE WEBSITE
When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Please check correctly all the product details before placing an order.
When a customer places an order, Zingifi will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has confirmation of their purchase and the details of the order.
We reserve the right to limit the number of units purchased by each user. Zingifi also reserves the right to limit sales of our products on a regional or jurisdictional basis.
Zingifi may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
SECTION 4 - PRICES
Zingifi reserves the right to determine the price for the products. The price of the product and its different variants will be available on each product page. Product prices and shipping costs are subject to change at any time according to the value of exchange rates.
Zingifi will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Zingifi will always try to make sure that the prices on the website are accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error, or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
SECTION 5 - PAYMENTS
Products will be paid for by credit or debit card. The customer shall pay the price of the product as stipulated in the order before the product is shipped and delivered to the customer. Payment will be charged to the credit/debit card immediately after placing the order for the product(s) purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide.
If you find any inconsistency in your billing, please contact us through our contact information or you can make a claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Zingifi reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
SECTION 6 - PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible. 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, product prices or other content. Product images may vary according to the color resolution of the user's device screen.
SECTION 7 - DISCLAIMER
Do not engage in the Service without proper medical attention and consultation. If you suspect you have a medical problem or disease, consult a health care professional for proper diagnosis and treatment before consuming any product available on this website.
Read the product label carefully before use. Purchase and use of the products is at your own risk and responsibility. The products and information available on the website are not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content available on this website is for informational purposes only and should not at any time be taken as professional medical advice or diagnosis. Zingifi does not provide professional medical advice. It is recommended that you confirm any information obtained through this website with other sources, and to consult with a healthcare professional about any medical conditions or treatment before purchasing and consuming the products available on this website.
Zingifi makes no representations and assumes no responsibility for the accuracy of the information contained on or available through this website, and such information is subject to change without notice. This disclaimer is not intended to exclude any warranty implied by law which cannot be lawfully excluded.
SECTION 8 - COPYRIGHT
All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Zingifi or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Zingifi prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Zingifi or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
SECTION 9 - COPYRIGHT COMPLAINTS (DMCA)
Zingifi will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Zingifi respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Zingifi platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Zingifi may find it on the Zingifi. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
SECTION 10 - PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Zingifi by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of our website for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the Services into any other website or service without our prior written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Zingifi in connection with the website.
- Evade, disable or otherwise interfere with security-related features of the Services or features which prevent or restrict the use or copying of any content.
SECTION 11 - THIRD PARTIES
Through your use of the Zingifi website and Service you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Zingifi provides details of fees or charges for such third-party content or services, such information is provided for convenience and informational purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Zingifi is in no way responsible or liable for any such third-party sites.
SECTION 12 - INDEMNIFICATION
You agree to defend and indemnify Zingifi and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of the Terms or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of products on the site.
SECTION 13 - ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Zingifi for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
SECTION 14 - CHANGES AND TERMINATION
We may change the website and these Terms at any time, at our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
SECTION 15 - PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
SECTION 16 - INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Zingifi, shall constitute the entire agreement between you and Zingifi concerning and governs your use of the website.
SECTION 17 - DISPUTES
You agree that any dispute, claim, or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these Terms or the use of the website and Service shall be resolved by binding arbitration between you and Zingifi, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products offered through the website or the breach of these Terms, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Zingifi may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.
SECTION 18 - FINAL PROVISIONS
These Terms are governed by U.S. law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Our compliance with these Terms is subject to existing laws and legal processes, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and Service.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
CONTACT
Questions about the Terms of Service should be sent to us at support@zingifi.com.
