GELATO OPTIMALPRINT TERMS & CONDITIONS
(the “TERMS AND CONDITIONS”)
Last Updated Date: November 26, 2018
This site is owned and operated by: Gelato AS and its
subsidiaries. The Services are offered in the United States by Gelato USA
LLC.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
These Terms and Conditions provide that all disputes between you and Gelato will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the section below entitled “Dispute Resolution” for the details regarding your agreement to arbitrate any disputes arising out of or in any way related to these Terms and Conditions or the use of any Products or Services provided by Gelato.
The following chapters are included in the TERMS AND CONDITIONS:
● Introduction
● Terms and Conditions
● Changes to the Terms and Conditions
● Gelato Order Cancellations, Transfer and Changes
● Rights for Limited Use
● Changes to Accounts and Services
● Payment
● Order and Shipment
● Optimalprint Premium Benefits and Communication
● Indemnification
● Disclaimer
● Limitation of Liability
● Dispute Resolution
● Governing Law
● No Waiver
● Severability
● No Agency
● Remedies
● Force Majeure
● Export Control
● Entire Agreement
● Consumer Complaints
INTRODUCTION
Description of Services
Gelato offers graphic design templates and services including printing for the corporate and private consumer market (the “Services”) under the trademark and trade name “Optimalprint”. The Services include being able to store printed material from previous orders, images, pictures and logos under "My Account" on Gelato's website located at www.optimalprint.com or any of Gelato's other websites (the " Site"). The Services do not include distribution services. As used in these TERMS AND CONDITIONS, “Products” refers to the physical products designed and ordered by you using the Site and Services, “Customer Content” refers to the text, pictures and/or photos owned by You which You incorporate into the Products and “ Website Content” refers to the material at the Site used in the ordering process such as all fonts, tools, text, pictures, images, graphics, user interfaces, audio clips, editorial content, photographs, templates, document layouts, logos, artwork, other information on the Site, and the scripts and software used to implement and provide the Services. Users of the Site or Services are referred to in these TERMS AND CONDITIONS individually as a “User” and collectively as “Users.”
These TERMS AND CONDITIONS contain the terms and
conditions governing access to and use of the Services. The TERMS AND
CONDITIONS are set by Gelato AS (“Gelato”, “We”, “we”, “Us”, “ us”, “Our” or “our”) and
accepted by you ("You", "you", " Your" or "your") upon your use of the
Site and/or the Services. Gelato together with you will be referred to as “ parties”, each one as “party”.
These TERMS AND CONDITIONS govern your access and use of the Site and the
Services. By accessing or using the functions of the Site and/or accessing
or using the Services, you agree to be bound by these TERMS AND CONDITIONS,
including the provisions relating to limitations on damages, arbitration of
disputes, and application of Massachusetts law, and to any additional
guidelines, restrictions, or rules that may be posted in connection with
specific sections or services of the Site. All such additional posted
guidelines, restrictions, or rules are hereby incorporated by reference
into these TERMS AND CONDITIONS. The contract made by you online with us
incorporates these TERMS AND CONDITIONS, which shall prevail over any
previous representations made by us or you, whether written or oral, and
all terms and conditions proposed by you.
BY CLICKING THE "SIGN IN" BUTTON, REGISTERING FOR AN ACCOUNT OR USING ANY OF THE SERVICES YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GELATO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS AND CONDITIONS..
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR DO NOT HAVE THE AUTHORITY TO AGREE TO THEM ON BEHALF OF YOUR ORGANIZATION YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.
IF YOU SUBSCRIBE TO THE OPTIMALPRINT PREMIUM SERVICES FOR ONE YEAR, IT WILL AUTOMATICALLY BE RENEWED FOR ADDITIONAL ONE YEAR PERIODS AT GELATO’S THEN-CURRENT MEMBERSHIP RATE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE SECTION TITLED “OPTIMALPRINT PREMIUM BENEFITS AND COMMUNICATION” BELOW.
THE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF
JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES.
THE TERMS AND CONDITIONS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
CHANGES TO THE TERMS AND CONDITIONS
Gelato may, at any time and from time to time, update, revise, supplement,
replace, and/or otherwise modify these TERMS AND CONDITIONS and/or impose
new or additional rules, policies, terms, or conditions on You with respect
to use of the Services, and/or the Site. Such updates, revisions,
supplements, replacements, modifications, and additional rules, policies,
terms, and conditions (collectively referred to as “ Revised Terms”) will be effective: (a) immediately for new
Users of the Site or Services; and (b) for existing Users, within thirty
(30) days upon Gelato posting the Revised Terms on the Site, via the
Services or otherwise making them available to You (as the case may be).
When changes are made, we will make a new copy of the TERMS AND CONDITIONS
available on the Site. We will also update the “Last Updated” date at the
top of the TERMS AND CONDITIONS. The TERMS AND CONDITIONS in place at the
time of placing an order of a Product (“Order”) will
govern the applicable Order. Any continued use of the Services and/or the
Site following such posting of the Revised Terms or otherwise making them
available to you will be deemed to constitute acceptance of any and all
such Revised Terms. Gelato may also notify You of the Revised Terms via any
e-mail address registered in your Account (as defined hereinafter),
although any continued use by You of the Services and/or the Site once the
Revised Terms are posted on the Site, via the Services or are otherwise
made available to You (whichever is earlier) shall continue to constitute
acceptance by You of the Revised Terms. WE STRONGLY ENCOURAGE THAT YOU
CHECK THE SITE FREQUENTLY TO SEE RECENT CHANGES. IF WE DO UPDATE THE TERMS
AND CONDITIONS AND YOU DO NOT AGREE TO THE REVISED TERMS, YOU MUST STOP
USING THE SERVICES AND THE SITE.
GELATO ORDER CANCELLATIONS, TRANSFER AND CHANGES
Gelato, in its sole discretion, may take any action that it deems necessary, in its sole discretion, in respect of an Order made via the Site and/or the Services, to minimize liability for Gelato and its representatives, including removing any information or requests, immediately terminating the Services, or immediately terminating or changing an Order.
Without limiting the generality of the foregoing, we may, at our sole
discretion, cancel, transfer or otherwise make changes to Orders made by
you through the Site or otherwise associated with the Services, under any
of the following circumstances:
a. without notice, upon any breach of these TERMS AND CONDITIONS by you;
b. our receipt of an order from a court or arbitral tribunal, in each case
of competent jurisdiction, requiring such action; or
c. our receipt of a decision of an Administrative Panel requiring such
action in any administrative proceeding to which you were a party and which
was conducted under these TERMS AND CONDITIONS or a later version of these
TERMS AND CONDITIONS.
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The Site and its Website Content contain proprietary information and
material that is owned by Gelato, and/or its subsidiaries and/or affiliates
and/or its licensors, and is protected by applicable intellectual property
and other laws, including but not limited to copyright. Subject to the
TERMS AND CONDITIONS, Gelato grants you a limited license to reproduce
portions of the Website Content for the sole purpose of using the site and
Services for your personal or internal business purposes. You acknowledge
and agree that you will not use such proprietary information or materials
in any way whatsoever except for use of the Service in compliance with
these TERMS AND CONDITIONS. All rights in the Site and its Website Content
are reserved worldwide by Gelato, its providers of Third Party Content, and
other third party service providers, and it is strictly prohibited to
retain, copy, distribute, publish, or use any portion of the Website
Content except as expressly allowed in these TERMS AND CONDITIONS. You
shall not remove or destroy any copyright notices or other proprietary
markings contained on or in the Site and its Website Content.
With respect to any software and associated documentation that is made available to you via the Site or the Services (“Software ”), subject to your compliance with the TERMS AND CONDITIONS, Gelato grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the TERMS AND CONDITIONS. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
THE USE OF THE SITE, THE WEBSITE CONTENT, OR ANY PART OF THE SERVICES, EXCEPT FOR USE OF THE SITE AND SERVICES AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT AND OTHER FORMS OF INFRINGEMENT.
In addition to the Website Content, the Site and/or the Services may contain information and materials provided to Gelato by third parties (collectively, “Third Party Content”) either as part of the Website Content or otherwise. Third Party Content is the copyrighted work of its owner, who expressly retains all rights title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. Any and all Third Party Content shall be subject to these TERMS AND CONDITIONS to the same extent as Website Content. In addition to being subject to these TERMS AND CONDITIONS, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
Website Content on this Site and Your Associated Rights
Gelato can at any time without prior notice add to, delete from, or modify
any part of the Website Content. You do not obtain any right or claim to
any parts of the Website Content through your creation of a Product. Other
Gelato customers may use any part of the Website Content to create designs
that have similar or identical combinations of elements of the Website
Content as your Product and Gelato does not represent, warrant, covenant or
guarantee that your Product will not have similarities to designs designed
and used by other parties. Gelato provides no representation, warranty,
covenant, or assurance of any kind whatsoever that Products created using
the Website Content will not infringe, or be subject to a claim of
infringing the trademark rights, copyright, industrial design rights, other
intellectual property rights, or other rights of another party, and you are
solely responsible for ensuring that the Products do not infringe the
intellectual property rights of any third party. It is solely your
responsibility to obtain the advice of an attorney regarding whether the
design is legally available for your use and does not infringe the rights
of another party.
You may use this Site and its Website Content for the sole purpose of
creating, designing, and ordering Products from Gelato solely through the
Optimalprint site. No other download, retention, use, publication, or
distribution of any portion of the Website Content is authorized or
permitted. You shall not use any portion of the Website Content received
from Gelato or via the Site, apart from including elements of the Website
Content that are intended to be included in the finished Products as they
are supplied by Gelato.
External Links
External links on the Optimalprint site are provided for your convenience. Gelato does not endorse, verify, or attest to, or offer any representation or warranty with respect to, the accuracy of the content of the web sites that are linked and accepts no responsibility for their use or content. You use all external links at your own risk. When you leave our Site, our TERMS AND CONDITIONS and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites and applications accessed via external links and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Eligibility and Account Administration
As a registered User of the Services, you have an account registered with Gelato at the Site allowing a User to use features of the Services including placing Orders (an “Account”).
"Minors" (as determined by local law where you reside) shall not make
purchases or engage in other activities on the Site without the consent of
a parent or legal guardian, unless permitted by applicable local law. You
must be 18 years or older to create an Account on the Optimalprint site. By
signing up for an Account you represent and warrant that you are 18 years
or older and that you have the right, authority, and capacity to
understand, agree, and comply with the TERMS AND CONDITIONS.
You agree to provide accurate, current, and complete information required
to register an Account, place Orders and whenever information relating to
You is required in connection with the Site or Services (the " Registration Data"). You further agree to maintain and
update your Registration Data as required to keep it accurate, current, and
complete. Gelato may terminate your right to access and/or use any or all
of the Site, an Account or the Services if any information you provide is
false, inaccurate or incomplete. You agree that Gelato may store and use
the Registration Data you provide (including credit card information) for
use in maintaining your Accounts and billing fees to your credit card, and
for otherwise allowing Gelato to manage Accounts.
If you have been provided with a default password for registration, we
advise that you change it immediately for security purposes. Upon initial
registration, you may be asked to create a username and password. You are
solely responsible for maintaining the confidentiality and security of your
Account and related password information. You must not reveal your Account
information to anyone else or use any other person's Account. You must not
allow any login password or username for your Account to be used by
multiple users or individuals. You are entirely responsible for all
activities that occur on or through your Account, and you agree to
immediately notify Gelato of any unauthorized use of your Account or any
other breach of security that you become aware of. Gelato shall not be
responsible for any losses arising out of the unauthorized use of your
Account.
You agree that you are responsible for controlling access to your Account
and that you will be responsible for all Orders placed or other actions
that are taken through your Account.
Your Content
Gelato does not claim ownership of Customer Content. However, you represent that you own and/or have a right and license to use, license, reproduce, create derivative works from, and distribute the Customer Content (in whole or in part). You grant Gelato a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, and create derivative works from the Customer Content (in whole or in part) to the extent necessary for the purposes of providing you with the Services and Products.
You acknowledge and agree that we have no obligation to monitor the requests, information or Orders accessed or transmitted by or to you via the Site or the Services. You are solely responsible for the accuracy, substance, clarity and quality of the Customer Content. You acknowledge that you are responsible for any text you include in the Customer Content, including the spelling. Gelato has no responsibility or liability for the accuracy, substance, clarity or quality of any Customer Content. You acknowledge that Gelato has no obligation to pre-screen, review or edit Customer Content, although we reserve the right in our sole discretion to pre-screen, refuse or remove any Customer Content. By entering into the TERMS AND CONDITIONS, you hereby provide your irrevocable consent to such monitoring. In the event that we pre-screen, refuse or remove any Customer Content, you acknowledge that we will do so for Gelato’s benefit, not yours. Without limiting the foregoing, we shall have the right to reject and refuse to print any Customer Content that violates the TERMS AND CONDITIONS or is otherwise objectionable.
Gelato has no responsibility or liability for the failure to store, transmit or receive transmission of Customer Content or the security or privacy of Customer Content. You agree that we retain the right to create reasonable limits on our use and storage of Customer Content through your Account, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Gelato in its sole discretion. We may delete Customer Content once we have completed your Order for a Product.
Conduct of Use
You agree to use this Site and the Services in a responsible manner that is in full compliance with these TERMS AND CONDITIONS and with your local laws and regulations, including export and import regulations.
You agree that you will not use the Site, the Services, any functionality of your Account, or any portion of the Website Content:
(a) to produce Products that at Gelato´s sole discretion are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable;
(b) as a trademark or service mark;
(c) for any use that, in Gelato´s sole discretion, is pornographic, for any unlawful purpose, to defame any person, to violate any person's right of privacy or publicity;
(d) to infringe upon any copyright, trade name, trademark, service mark or other intellectual
property right of any person or entity;
(e) to perform actions with the intent of introducing to any Site, the Services, or any related
storage devices or networks any viruses, worms, defects, Trojan horses, malware or any items of
disabling, disruptive or destructive nature;
(f) interfere with or disrupt any Site, any Account or the Services, or any related storage
devices or networks over which any of same are provided;
(g) copy, mirror, alter, disassemble, decompile or reverse engineer any Site, any Account or
the Services, or attempt to derive or extract the source code from all or any part of the software
making up or supporting any of the foregoing;
(h) sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a
service bureau, time share, or otherwise part with or make available to any third party, in whole or
in part, any Site, any Account or the Services;
(i) other than use of the Site or the Services by you in accordance with these TERMS AND
CONDITIONS, offer, for a fee or free of charge, services consisting of processing data through
the use of any Site, any Account or the Services;
(j) view or intercept email or any other electronic transmission not intended for you;
(k) engage in practices such as “screen scraping”, “database scraping” or “automated form
filling” to retrieve, test or obtain lists of Users, orders or other information generated or processed
by or stored via the Site, any Account or the Services; and/or
(l) access the Site, any Account or the Services for any benchmarking or competitive
comparison purposes.
Gelato shall be entitled to cancel or refuse any Order for any Product that
does not conform to any of the foregoing. Gelato may terminate the Account
of or the rights to use or access the Services of customers found to be
using the Optimalprint site to engage in any of the foregoing activities.
You are solely responsible for your use of Website Content in combination
with any other images, graphics, text or other materials you incorporate
into your Products. You represent, warrant, and agree that you will not
include any text, image, design, trademark, service mark, or any
copyrighted work of any third party in your Products unless you have
obtained the appropriate authorizations from the owners. You represent,
warrant, and agree that your Products do not infringe upon any rights of
any third party, including copyright, trademark, right of publicity or
privacy, and will not libel or defame any third party, and that you have
all required rights or permissions necessary to incorporate third party
material into your Products.
By placing an Order on this Site, you warrant that you have all necessary
permission, right and authority to place the Order and you authorize Gelato
to produce the Products on your behalf.
CHANGES TO ACCOUNTS AND SERVICES
Gelato reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. Gelato may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability. You acknowledge and agree that the Site and/or Services may be unavailable or inoperative from time to time and at any time, including due to scheduled or unscheduled maintenance or modification or circumstances beyond Gelato’s control. Gelato reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice. Gelato reserves the right, in its sole discretion, to block any User's access to the Site, an Account and/or the Services.
Your access to the Site, an Account and/or the Services is completely at the discretion of Gelato, and Gelato reserves the right to block, suspend or terminate your access to the Site, an Account and/or the Services at any time for any reason including (i) non-compliance with these TERMS AND CONDITIONS, (ii) actions that may lead to liability for Gelato or its staff, consultants and associated persons and organizations including affiliates, suppliers or service providers, (iii) disruption of access to other Users, and/or (iv) violation of applicable laws or regulations.
You agree that Gelato may without prior consent delete your Account and any
related materials including Personal Information (as defined in our Privacy
Policy), data, text, files, images and all other materials and that Gelato
may prevent any further access by you to any such data. In particular, it
is our absolute policy to reject any materials, which we, at our
discretion, consider to be obscene, in bad taste or in any other way
inappropriate (whether or not to print such materials would be illegal or
unlawful).
YOU AGREE THAT GELATO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES TO YOU OR
ANY THIRD PARTY RESULTING FROM THE DELETION OR LOSS OF SUCH INFORMATION OR
RESULTING IN ANY WAY FROM THE TERMINATION OF YOUR ACCOUNT AND THAT YOU WILL
KEEP GELATO FULLY AND EFFECTIVELY INDEMNIFIED AGAINST ALL LOSSES,
LIABILITIES, DAMAGES AND COSTS (INCLUDING LEGAL COSTS ON A FULL INDEMNITY
BASIS) SUFFERED BY THEM IN CONNECTION WITH OR ARISING FROM ANY CHANGES TO
YOUR ACCOUNT OR THE SERVICES, ANY DELETION OR LOSS OF YOUR INFORMATION, OR
DELETION OF YOUR ACCOUNT, ANY OF THE WEBSITE CONTENT, OR ANY PRODUCTS OR
SERVICES.
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You must pay for any Product Order by credit card, PayPal account, or debit
card, or by other means as Gelato deems satisfactory in its sole
discretion, at the time of order. Payment will be taken in full at the time
of the order unless you choose to pay by invoice where this invoice service
is offered.
The price of any Product is the price in force at the date and time of your
Order. Service or product transactions may be subject to sales tax based on
the bill-to address or delivery address and the sales tax rate in effect at
the time your transaction is completed. If the sales tax rate for the
applicable address changes before delivery of the Products, the new tax
rate in effect at the time of delivery will apply. Gelato will only charge
tax in jurisdictions where such transactions are taxable. No customers or
Users are eligible for tax exemptions for transactions made using the Site
or Services.
Gelato uses Adyen NV as the third party service provider for payment
services (e.g., card acceptance, merchant settlement, and related
services). By using the Services, you agree to be bound by Adyen NV’s Terms
of Service: https://www.adyen.com/home/support/manuals#S-T and Privacy
Policy: https://www.adyen.com/home/support/manuals#S-T. You hereby consent
and authorize Gelato and Adyen NV to share any information and payment
instructions you provide to the extent required to complete your
transactions in accordance with the TERMS AND CONDITIONS, including
personal, financial, credit card payment, and transaction information.
You represent, warrant, and undertake that all details you provide to us
for the purpose of purchasing Products which may be offered by us on the
Site will be correct; that the credit charge, PayPal account or debit card
which you use is your own and that there are sufficient funds or credit
facilities to cover the cost of any products. We reserve the right to
obtain validation of your credit charge, PayPal account or debit card
details before accepting your Order.
The contract shall not have been concluded and we shall have no obligation
to you until we have received your valid credit card charge, PayPal charge,
or debit card payment details.
Time for Production
We will endeavor to process your Order and manufacture your Products within one (1) business day. However, we cannot fully predict or guarantee the time required to process your Order. You acknowledge and agree that Gelato is not obligated to process your Order or manufacture your Products within any specific time limitation and is not responsible or liable for the length of time necessary to process your Order or manufacture your Products.
Delivered Product
Products supplied may differ from the view of the Product shown at the
Site, in terms of the sharpness, brightness, or identity of colors, as a
consequence of multi-standard color systems, notably the international
screen based color system of RGB and the print color system of CMYK.
We endeavour to display and describe as accurately as possible the printed
colors of our products that appear on the website. However we cannot
guarantee that your monitor's display of any color will accurately reflect
the color of the product delivered.
Shipment and Delivery
Gelato has the sole right to choose the carrier that will deliver your Products. Upon completion of printing, all sets of printed Products ordered will be sent by regular mail unless otherwise stated by Gelato. Your Order will be deemed delivered and title and risk of loss transfer to you upon our delivery of your Order to any common carrier. We do not take any responsibility for and shall not have any liability whatsoever for (i) any Products once delivered to a common carrier, and/or (ii) any acts or omissions, including any distribution, relating to Products once delivered to a common carrier.
We will endeavor to deliver your Order in accordance with the estimated delivery time stated for the delivery option chosen by you in the check-out page. Notwithstanding the above, we are dependent on the carrier chosen to perform the delivery and if they encounter any problems to meet the delivery time we will work together with them trying to solve the situation. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
We cannot guarantee that printed Products ordered will be shipped together.
We will use commercially reasonable efforts to endeavour to minimize
delivery costs borne by you.
You agree that delivery of any electronic Product that is to be provided to
the customer in an electronic format, shall be deemed to have occurred
either (i) at the time we transmit the electronic Product via email or
other electronic communication addressed to the customer or (ii) at the
time we transmit a notification to the customer that the electronic Product
is available for downloading from the Site.
Gelato has no responsibility or liability for any errors or omissions in the shipping address, email address or other electronic communication address provided by you. You are solely responsible for ensuring such information is accurate and current.
By providing your mobile number and agreeing to receive SMS Order Alerts, you will receive SMS text messages in connection with each Order you place. These SMS Order Alerts will notify you when your Order is out for delivery, is delivered or encounters a problem. You will receive a confirmation text once you have successfully enrolled in SMS Order Alerts. You must provide your mobile number with each Order you place to receive SMS Order Alerts vis SMS text message regarding that specific Order.
The message frequency is dependent on any issues with specific Orders.
You may follow the instructions provided in the SMS Order Alerts or contact us at info@optimalprint.com to cancel the receipt of any additional SMS Order Alerts.
Data obtained from you in connection with SMS Order Alerts may include your mobile phone number, your carrier's name, the date, time and content of your messages and other information you or your carrier provide to us.
You will not be charged by Gelato for sending or receiving the SMS Order Alerts, but you may be charged by your carrier. Delivery of text messages such as the SMS Order Alerts is subject to transmission from your network provider. Gelato is not liable for any delays or failures in receipt of any text messages.
Message and data rates may apply. Your mobile carrier’s rates apply. All charges are billed by and payable to your mobile service provider. We may not support all carriers.
Return Policy
In general an Order that is placed cannot be changed or cancelled.
Limitations and restrictions related to changes and/or cancellations of
your Order may be specified at the Site and/or in the order confirmation
received.
If we deliver incorrect or damaged physical Products, or in the event that
you discover any defect in the Products or if you are not satisfied with
the quality of the Product delivered (our “ Quality Guarantee”) and you require compensation or other
remedy, you must report the defect within 14 days of the date you receive
the Products, by contacting us at info@optimalprint.com.
You may be asked to, and will if so requested, provide photographic or
other documentary evidence of the existence of a defective, damaged or
incorrect Product or the quality issue for which you are not satisfied with
the Product.
Refund
Subject to you being responsible for the Customer Content and following your report of the existence of a defect in a Product, or a dissatisfaction of the quality of the Product delivered, in each case within the time frame specified above, we will at your option redeliver a Product or refund the purchase price paid for such Product to you. For clarity, if you want to change the Customer Content, or if you have made a spelling or other text mistake in the Customer Content, we will not redeliver or refund the purchase price to you.
If we receive repeated requests from you to obtain refunds and have a reasonable basis for concern as to the potential misuse of our refund policy, we reserve the right to not accept additional orders from you and to further investigate the defect or issue before providing additional refunds.
OPTIMALPRINT PREMIUM BENEFITS AND COMMUNICATION
Optimalprint Premium members are entitled to free delivery as shown during
the checkout process. Optimalprint Premium members are also able to set
reminders, which may include a discount on products as stated on the
Premium reminder page. Finally, Optimalprint Premium members may receive
special discounts presented by email and SMS and are therefore
automatically receivers of Optimalprint Premium-related promotional emails
and SMS and cannot choose not to receive them as they constitute an
essential part of the membership. The only way to cease receiving such
promotional emails and SMS is to terminate your Optimalprint Premium
membership.
Optimalprint Premium Limitations
● We reserve the right to accept or refuse membership in our discretion.
● You may not transfer or assign your Optimalprint Premium membership or any Optimalprint Premium benefits to any other person, User, or customer.
● From time to time, we may choose in our sole discretion to add or remove Optimalprint Premium membership benefits, which modified benefits shall become effective immediately.
Optimalprint Premium Fees and Renewal
The annual membership fee for Optimalprint Premium is stated in the
Optimalprint account settings. The Optimalprint Premium membership fee is
non-refundable except as expressly set forth below. VAT may apply to the
membership fee.
If the payment method we have on file for you is declined for payment of
your membership fee, you have 30 days to provide us a new credit card or
your membership will be cancelled. If you provide us with a new card and
are successfully charged within 30 days, your new membership period will be
based on the original renewal date and not the date of the successful
charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT
TO AUTO RENEW YOUR MEMBERSHIP, YOU UNDERSTAND THAT YOUR OPTIMALPRINT
PREMIUM MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US
(WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE
MEMBERSHIP FEE AT THE THEN-APPLICABLE MEMBERSHIP RATE AND ANY TAXES, USING
ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Optimalprint Premium Membership Cancellation
We will refund your full membership fee if you cancel your Optimalprint Premium membership before you have placed an Order at the Site. You are not entitled to any refund of your membership fee if you cancel your Optimalprint Premium membership after you have placed an Order at the Site.
Optimalprint Premium: Termination by Us
Gelato may terminate your Optimalprint Premium membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these TERMS AND CONDITIONS or any applicable law, involves fraud or misuse of the Optimalprint Premium membership, or is harmful to our interests or another User.
You agree that you shall indemnify, defend and hold harmless Gelato and all
parties from whom Gelato has licensed portions of Website Content, and
their directors, officers, and employees, against all claims, liability,
damages, costs and expenses, including reasonable legal fees and expenses
arising out of or related to: (i) your breach of these TERMS AND
CONDITIONS; (ii) your use of, or inability to use, the Site or the
Services; (iii) any action taken by Gelato as part of its investigation of
a suspected violation of these TERMS AND CONDITIONS; (iv) your violation of
any third party intellectual property or other rights in relation to your
use of the Site or the Services; or (v) any suit, claim, or demand arising
from or relating to the Customer Content incorporated into Products.
Gelato reserves the right, subject to indemnification by you, to assume the
exclusive defense and control of any matter initially subject to the
defense, indemnification and hold harmless obligations by you hereunder and
you shall not in any event settle any matter without the prior written
consent of Gelato. You agree that the provisions in this section will
survive any termination of your Account, these TERMS AND CONDITIONS or your
access to the Site and/or Services.
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THE SITE, THE WEBSITE CONTENT, THE SERVICES, AND THE PRODUCTS (OTHER THAN
OUR STATED QUALITY GUARANTEE) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE”
BASIS WITHOUT REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. ALL SUCH WARRANTIES, CONDITIONS AND PROMISES (OTHER THAN
OUR STATED QUALITY GUARANTEE) ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY
LAW AND WITHOUT LIMITATION TO THE FOREGOING:
GELATO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GELATO MAY TAKE DOWN OR REMOVE THE SITE AND/OR SERVICES OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU; AND
GELATO DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE AND/OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GELATO DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF PERSONAL INFORMATION IN
ACCORDANCE WITH THE SERVICES IS AT YOUR SOLE RISK, AND GELATO HEREBY
DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING
TO YOUR PERSONAL INFORMATION IN ANY WAY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY
ADVERTISE THEIR PRODUCTS AND SERVICES ON THE SITE AND THAT GELATO MAY FROM
TIME TO TIME FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS OR
NEW VENDORS/PARTNERS IN ORDER TO FACILITATE THE PROVISION OF PRODUCTS AND
SERVICES TO YOU. HOWEVER YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS
GELATO MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S
PRODUCTS OR SERVICES, NOR WILL GELATO BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS
AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY
HAVE AGAINST GELATO WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
ALL DISPUTES BETWEEN YOU AND ANY PARTY OTHER THAN US REGARDING THE CUSTOMER
CONTENT USED TO PRODUCE A PRODUCT VIA THE OPTIMALPRINT SITE SHALL BE
RESOLVED BETWEEN YOU AND SUCH OTHER PARTY THROUGH ANY COURT, ARBITRATION OR
OTHER PROCEEDING THAT MAY BE AVAILABLE. WE WILL NOT BE OBLIGED TO
PARTICIPATE IN ANY WAY IN ANY DISPUTE BETWEEN YOU AND ANY PARTY OTHER THAN
US REGARDING THE QUALITY AND QUANTITY OF YOUR ORDER PLACED AT THE
OPTIMALPRINT SITE. YOU SHALL NOT NAME US AS A PARTY OR OTHERWISE INCLUDE US
IN ANY SUCH PROCEEDING. IN THE EVENT THAT WE ARE NAMED AS A PARTY IN ANY
SUCH PROCEEDING, WE RESERVE THE RIGHT TO RAISE ANY AND ALL DEFENSES DEEMED
APPROPRIATE, AND TO TAKE ANY OTHER ACTION NECESSARY TO DEFEND OURSELVES.
Site Feedback
Any comments, suggestions, proposals or other feedback provided to Gelato
in connection with the operation or content of this Site shall be provided
by the submitter and received by Gelato on a non-confidential basis. You
represent and warrant that you have all rights necessary to submit the
comments, suggestions, proposals or other feedback. All such comments,
suggestions, and other information shall become the exclusive property of
Gelato. By submitting any such information to Gelato, you agree that you
are transferring and assigning, at no charge, all of your right, title and
interest in the information, including all copyrights and other
intellectual property rights. You agree that Gelato shall be free to use
such information on an unrestricted basis.
YOU AGREE THAT WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER
REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER
RESULTING FROM: (1) SUSPENSION OR LOSS OF THE SERVICES; (2) USE OF THE SITE
AND/OR THE SERVICES; (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF
YOUR BUSINESS; (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR THE
SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO
PRINTING SERVICES WITH US; (5) LOSS OR LIABILITIES RESULTING FROM ACTS OF
OR EVENTS BEYOND OUR CONTROL; (6) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATIONS; (7) THE PROCESSING OF AN
APPLICATION FOR A PRINTING SERVICE; (8) DAMAGES OR CONSEQUENCES ARISING
FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR
ITS CONTENT; OR (9) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED.
GELATO AND ITS LICENSORS, SUPPLIERS, OR VENDORS, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES SHALL NOT
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, WHETHER OR NOT GELATO HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM
GELATO OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING
FROM ERROR, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO OPTIMALPRINT PREMIUM.
OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF GELATO’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE HUNDRED DOLLARS ($100) U.S. OR FOR PRODUCT REFUNDS, THE PURCHASE PRICE PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR AN OPTIMALPRINT PREMIUM MEMBERSHIP.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GELATO AND YOU.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF
LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL
APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
DISPUTE RESOLUTION
Please read this Arbitration Agreement carefully. It is part of your contract with Gelato and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the TERMS AND CONDITIONS or the use of any Product or Service provided by Gelato that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Gelato, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the TERMS AND CONDITIONS.
(b) Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Gelato should be sent to: Gelato USA LLC, 282 Moody Street, Waltham, MA 02453. After the Notice is received, you and Gelato agree that you shall attempt to resolve the claim or dispute informally. If you and Gelato do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the International Centre for Dispute Resolution, the international division of the American Arbitration Association (“ICDR”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If ICDR is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the TERMS AND CONDITIONS. The ICDR International Dispute Resolution Procedures governing the arbitration (“ICDR Rules”) are available online at www.icdr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. If you are an individual consumer, any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. If you are a business, any hearing will be held in Boston, USA. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration . If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or Gelato pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ICDR Rules for the pertinent claim.
(f) Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Gelato, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICDR Rules, and the TERMS AND CONDITIONS. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gelato.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Gelato in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GELATO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality . All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability . If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with Gelato.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Gelato may bring an individual action in small claims court.
(n) Emergency Equitable Relief . Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Gelato's headquarters is in Oslo, Norway and all transactions take place on Gelato servers located in Europe or any other countries where Gelato deem necessary to place a server. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Norway.
All other matters relating to your access to or use of this Site shall be governed by the laws of the Commonwealth of Massachusetts in the United States, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TERMS AND CONDITIONS.
NO WAIVER
Our failure to insist upon or enforce your strict compliance with these TERMS AND CONDITIONS will not constitute a waiver of any of our rights. No waiver or acquiescence by us related to any breach of these TERMS AND CONDITIONS is valid except if given in writing. Any such waiver or acquiescence shall not constitute a consent to or waiver of or excuse for any other different or subsequent breach or act unless such waiver or consent is in writing signed by us.
SEVERABILITY
If any covenant, obligation, agreement, term or condition of these TERMS AND CONDITIONS or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable the remainder of these TERMS AND CONDITIONS, or the application of such covenant, obligation, agreement, term or condition to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each covenant, obligation, agreement, term and condition of these TERMS AND CONDITIONS shall be separately valid and enforceable to the fullest extent permitted by law and the invalid or unenforceable covenant, obligation, agreement, term or condition (as the case may be) shall be modified so as to be enforced to the fullest extent permitted at law.
NO AGENCY
No agency, partnership, joint venture or franchise relationship is implied, intended or created by these TERMS AND CONDITIONS, the provision of the Account, or the provision of any of the Products or Services.
REMEDIES
No remedy conferred upon or reserved in our favour under these TERMS AND CONDITIONS will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these TERMS AND CONDITIONS or existing at law or in equity.
If we become aware of any possible violations by you of the TERMS AND CONDITIONS, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Gelato is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site, the Website Content, the Services, or the Products, including Customer Content, in Gelato’s possession in connection with your use of the Site, the Website Content, the Services, or the Products, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the TERMS AND CONDITIONS, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Gelato, its Users or the public, and all enforcement or other government officials, as Gelato in its sole discretion believes to be necessary or appropriate.
FORCE MAJEURE
Gelato shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
EXPORT CONTROL
You acknowledge and agree that products, services or technology provided by Gelato are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Gelato products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. In particular, but without limitation, the Site, the Website Content, or the Services may not be exported or re-exported (a) into any United States embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
ENTIRE AGREEMENT
These TERMS AND CONDITIONS are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
