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Zymzo Ltd. Terms and Conditions

Name of the legal entity: Zymzo Ltd. D.o.o.
Head office: Savinjska ulica 1, 3000 Celje
Registration: Aug 2016/3475

VAT ID: SI74969510
Registration number: 7016506
Tax number: 28104056

Www: www.zymzo.com
E-mail: info@zymzo.com

Share capital: EUR 30,000
Activity code: 47.910 (Retail by mail or via the Internet) and 63.120 (Operation of web portals)

Last updated on August 10, 2017

These terms of service (“agreement”) are a legal agreement between you (“you”, “your”, or “customer”) and Zymzo Ltd. (“we” or “Zymzo”), the operator and of the www.zymzo.com website (the “site”). This agreement states the terms and conditions that govern your use of the site and the products sold on it and terms of subscription to it. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products from, or subscribe for to the site. By signing up for a Subscription (as defined below), you represent and warrant that you are the cardholder of the credit card used.

1 – Changes to Terms, Privacy and Personal Information

1.1 Changes to the Site Zymzo may change, remove ot add to any part of the Site, including (without limitation), any Content (as defined below) therein, at any time without prior notice to you.

1.2 – Privacy and Personal Information Customers agree to give accurate, current, and complete information as required for the purchase of the Products and sign up for the Subscriptions (both as defined below in Section 3.1) and to update that information as soon as possible after any information given changes. Zymzo reserves the right to block further sales to Customers who give false, inaccurate or incomplete data. Customer acknowledges that Zymzo uses a third party payment processing service to processing orders and bill fees to your credit card. Zymzo’s Privacy Policy explains how Customers’ personally identifiable information is collected, used and disclosed. By signing up for Subscription you hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.

2 – Passwords; Use of Site

2.1 - Passwords You will be required to register and create an account by providing your email address, a password and gender. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occure using your email and password. You agree not to share your password, let anyone else access your account or do anything else that might jeopardize the security of your passwords or account. You agree to notify Zymzo if there is any unauthorized use of your password or account on this Site or if you know of any other breach of security in relation to this Site.

2.2 – Use of Site; Prohibitions Subject to your compliance with this Agreement, Zymzo hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Zymzo or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

3 – Terms of Sale

3.1 – Sales of Products and signing up for the Subscription to End Users Only If you are interested in purchasing wholesale quantities or in the private branding of our Products, please email us directly at info@zymzo.com for more information. We reserve the right to limit the quantity of Subscription signed per person, per household or per order. The Subscription and all rights and privileges conferred are personal and non-transferable.

3.2 - Pricing The price of a product as shown on the Website includes Slovenia tax (ddv) and free worldwide shipping. The total price of your order will be reflected on your final step of your purchase. An order receipt will always be seen in costumers account and customer will be able to print it from there. If your country charges you any extra tax (such as customs ...) you have to pay for it. Zymzo reserves the right to change the prices and fees for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Subscription can be made just for an end-users and not for the companies.

3.3 – Refund Policy If you are dissatisfied with the Product for any reason, Zymzo will refund the amount paid for your most recent month of service. Refund requests must be made directly to Zymzo at info@dzymzo.com. All refund requests must be made within fourteen (14) days of the date of delivery by Zymzo. In response to your refund request, Zymzo will credit the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Zymzo does not control when a specific credit card company processes a refund transaction. You are responsible for contacting your credit card company if you have questions about the status of the refund. Zymzo shall in its sole discretion provide a refund for a request that is received by Zymzo more than fourteen (14) days after the date of original delivery. Zymzo also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident or other abnormal use. If Products are damaged as a result of shipping complications or you believe there was a mistake in fulfillment. Please contact us at info@zymzo.com immediately and we will work to resolve the issue. In the case of damage, please provide pictures if possible for Our records.

3.4 – Payment Methods Zymzo accepts the following forms of payment: Credit Card (Visa and MasterCard). You agree to pay all fees charged to your account based on Zymzo’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Subscription to the Site. You are responsible for paying the amount reflected on Our final checkout page. If you do not wish to pay the final amount reflected on Our final checkout page you are welcome to not sign up for Subscription. All payments shall be made by credit card in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, Zymzo reserves the right to either suspend or terminate your account and Subscription. If your country charges you any extra tax (such as customs ...) you have to pay for it. IMPORTANT NOTICE TO CONSUMER: Zymzo Subscription is a month-to-month, cancel-at-any-time subscription. Your Subscription is billed month-to-month and may be cancelled at any time by logging on to your account within www.zymzo.com. To cancel a Subscription, please login to your account located on the site www.zymzo.com click on cancel, then follow instructions towards cancellation. All cancellation requests must be received ten (10) days prior to your monthly account renewal. If you have any problems, please email info@zymzo.com. Zymzo requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits, for which you have paid, if any of them will still be opened.

3.5 – Shipping and Product Acceptance The shipment date is once per month for every Customer, so the customer gets its products in thirty (30) days after signing up for the subscription and paying for products. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

3.6 – Correspondence With Members Any and all correspondences sent, issued, expressed, or transmitted by Zymzo or any of its affiliates to You shall strictly be in the Slovene or English language.

4 – Ownership Rights You herewith acknowledge and agree that Zymzo owns all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other ownership rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Zymzo is a pending trademark of Zymzo, Ltd. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Zymzo. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

5 – Third Party Sites; Compensation

5.1 – Third Party Websites The Site may provide links to third party Sites that are not owned or controlled by Zymzo, including, without limitation, Facebook, Instagram and YouTube (“Third Party Sites”). We provide such links solely as a convenience to you. Zymzo does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

5.2 – Compensation The site, content, products and Subscriptions are furnished to you without warranties, representations or conditions, statutory or otherwise, of any kind. Zymzo, on behalf of itself and its affiliates, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Zymzo parties”): (a) does not represent or warrant that the site, content, products or Subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (b) does not represent or warrant that the site, content, products or Subscriptions will be error-free or that any defects will be corrected; (c) does not represent and warrant that the site will be free of viruses or other harmful components; and (d) does not make any representations, warranties, or conditions regarding the use of the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or Subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and Subscriptions.

6 – Dispute and Arbitration; Choice of Law

6.1 - Dispute and Arbitration;

6.1(a) – Slovenia Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at info@zymzo.com or Zymzo Ltd, Špruha 31, 1236 Trzin, Slovenia. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this Agreement (other than those related to Zymzo’s enforcement and protection of its name and intellectual property rights) through binding arbitration or small claims court. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award. All disputes relating in any way, directly or indirectly, to Zymzo for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the Slovenian Law, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you.

6.2 – Choice of Law: Slovenian Law

7 – Electronic Communications

7.1 – Electronic Communications Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account/profile information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Subscription the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account. We will communicate with you by email, by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law. General Terms Zymzo may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon or Subscription there to, without notice, for any reason in Zymzo’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Zymzo’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Zymzo or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and Zymzo regarding its subject matter. Zymzo will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Zymzo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents shall be drawn up in the English language. Any translation of this Agreement and all related documents shall be for reference only and the Slovene version of this Agreement controls. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Zymzo Party shall be a third party beneficiary hereunder. Zymzo may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Zymzo’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscription shall survive such termination.