Introduction
This website zoomiri.com is property of 1146954 BC Ltd. The terms “ZOOMIRI”, “we”, “us”, and “our” refer to 1146954 BC Ltd. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions, or disclaimers provided on the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors, and/or contributors of content.
If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.
Use Of Our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website.
Products Or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in US dollars.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of the products are displayed as accurately as possible on our website.
Links To Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Use Comments, Feedback, And Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute, or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
Errors And Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ZOOMIRI.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZOOMIRI.COM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. ZOOMIRI.COM DOES NOT REPRESENT OR WARRANT THOSE SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, ZOOMIRI.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ZOOMIRI.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT WILL ZOOMIRI.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ZOOMIRI.COM OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ZOOMIRI.COM’S OR ANY USER OR MEMBER’S RECORDS, PROGRAMS OR SERVICES.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT ZOOMIRI.COM BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZOOMIRI.COM FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE ZOOMIRI.COM EARNED ON YOUR PRODUCT PURCHASE.
YOU AGREE THAT TEEHATCH.COM WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS.
ZOOMIRI.COM DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.
Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Service, ZOOMIRI will not be liable for any intellectual property, product or service provided by any seller or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the seller, supplier, manufacturer or service provider.
Limitation of Time
You agree that you will not bring a claim under these Terms of Service for more than eighteen months (18) from when your claim arises.
Arbitration
All disputes arising out of or in connection with these Terms of Service will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.
Applicable Law and Venue
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of British Columbia, without regard to its conflict of law provisions.
Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the provincial and federal courts located in Vancouver, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service or your use of the Site.
Notwithstanding any of these Terms of Service, you agree that ZOOMIRI shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver of Jury Trial and Class Action Rights
To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree, and understand that with respect to any dispute with ZOOMIRI, respective officers, directors, employees, or agents, arising out of or relating to these Terms of Service: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Termination
Notwithstanding any of these Terms of Service, ZOOMIRI reserves the right, without notice and in its sole discretion and without any cost, charge or liability to ZOOMIRI, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.
ZOOMIRI will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check your email online, your failure to inform ZOOMIRI of a change in your email address, or if you fail to receive the notifying email for any reason.
You may close your account at any time by filling out the contact form with your request or you can do so yourself by entering your account information and clicking on Settings and clicking on ‘Delete My Profile’, but these Terms of Service will apply to your past (or any future) use of the Site after closing your account.
Questions Or Concerns
Please send all questions, comments, and feedback to us at info@zoomiri.com.