The Shopping Cart Service (the "Service"), owned and operated by World Wide Company Ltd (the "Company") is provided to the user ("you") under the terms and conditions of the following Terms and Conditions of Use and any amendments thereto and any operating rules or policies (collectively, the "Agreement"). The Company reserves the right, in its sole discretion, to change, modify, add or remove all or part of the AGREEMENT at any time. You will receive notice of such changes and/or modifications.
1.1 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU CONSENT TO BE BOUND BY THE AGREEMENT. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to this Agreement.
1.2 Without prejudice to the foregoing, should you choose not to register an account, but use the Service as a guest user ['guest'], by SO SIGNING IN, YOU CONSENT TO BE BOUND BY THE AGREEMENT.
1.3 By accepting the terms and conditions of the Agreement, you (a) represent and warrant that you are 18 years old or older; (b) agree to provide true, accurate, current and complete information about you as prompted by the Account Registration Form; and (c) agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company has the right to terminate your account and refuse any and all current or future use of the Service.
1.4 You agree that you may only hold one account at any time, unless you obtain prior written authorization from the Company.
2.0 DESCRIPTION OF THE SHOPPING CART SERVICE
2.1 The Company owns interactive online stores on the World Wide Web, hosted by third parties, and may provide you with, among other things, the possibility to purchase its products online through the use of the Service.
2.2 You acknowledge and agree that by clicking and accepting the 'Buy' option, you are entering into a binding and irrevocable contract of sale with the Company.
3.0 PROPRIETARY RIGHTS
3.1 You acknowledge and agree that content available from the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws ["intellectual property"], and may not be used in any manner without the prior consent of the Intellectual Property Right owner. You also agree to indemnify the Company for any unauthorized use of such Intellectual Property.
3.2 You shall not attempt to gain unauthorized access to any servers controlled by the Company, and understand that any such action will constitute a crime under Maltese Law, and shall also expose you to civil liability for any damages caused, whether tangible or to the goodwill of the Company.
4.1 You agree that you shall pay the total aggregate price indicated for the goods selected by you whilst using the Service. Such payment shall be effected in Euro and, unless otherwise agreed, shall be immediately charged to the debit/credit card number given to the Service at the time of registration or to such other debit/credit card number which you shall so designate. Provided that nothing shall prohibit the Company from altering its prices and/or terms of the AGREEMENT.
4.2 In the case of any alternative payment agreement as contemplated in clause 4.1 of these Terms and Conditions of Use, any credit terms shall be at the Company's sole and absolute discretion, and late payments shall bear interest at the rate of eight percent (8%) per annum, in the case of a consumer transaction, or ten percent (10%), in the case of a business to business transaction. In the event of any failure by you to settle payment, you shall be responsible for all reasonable expenses (including legal fees, both judicial and extra-judicial) incurred by the Company in collecting such amounts. You agree that such alternative payment agreement can only be effective if reduced to writing.
5.1 The term of the AGREEMENT shall be of 1 year commencing on the date that you register an account using the Service. The term shall be automatically renewed for successive yearly periods, provided that to qualify for each renewal you must, at the time of such renewal be in substantial compliance with the material terms and conditions of the AGREEMENT. The Company reserves the right to delete any account that would not be compliant with the material terms and conditions of the Agreement.
6.1 Either party may terminate the AGREEMENT on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the AGREEMENT, and such breach or non-compliance is not cured within such thirty (30) day period. The Company reserves the right to immediately suspend any customer access to the Service until such breach or non-compliance is cured.
6.2 Notwithstanding the foregoing, the Company may, immediately cancel any user account from the Service in its sole discretion concludes that you are engaged in illegal activities and any association may damage the rights of the Company or others. Any termination under this clause shall take effect immediately.
6.3 Upon termination, the Company reserves the right to immediately delete from its servers any and all information contained in your account.
6.4 Any right of indemnity or recovery of payments due at the time of termination or cancellation of your account shall survive the termination of this Agreement.
7.0 DATA PROTECTION
7.1 The Company declares that it [including its associate third party service providers] maintains information about you on its servers, including but not limited to your account registration information, your login information, your customer order information, sales information, your debit/credit card information and clickstream data, and promises to make such use in full observance of the Data Protection Act (Chapter 440 of the Laws of Malta). You agree that the Company may use your information for the purposes of its business, for marketing or other promotional purposes, and may disclose such information to any Governmental Authority, in Malta or abroad, should it be asked to do so.
7.1.1 You agree that the Company may disclose your information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the AGREEMENT; (d) to respond to claims that you or the Company are engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of the Company or others.
7.1.2 You agree and recognize that your information will be shared by the Company with third party service providers assisting the Company in providing the Service, including but not limited to, bankers, lawyers, payment gateway providers and hosting and co-location providers.
7.13 The Company promises that following the cancellation or termination of any account, it shall not hold your information than the maximum period allowed by the Data Protection Act (Chapter 440 of the Laws of Malta).
7.2 You shall receive a password from the Company to provide access to and use of the Service. You are entirely responsible for any and all activities which occur under your account and password. You agree to keep your password confidential, to allow no other person or company to use your account, and to notify the Company promptly if you have any reason to believe that the security of your account has been compromised. You agree that the Company shall not be liable for any unlawful access to your account, or its use.
7.3 You acknowledge and agree that technical processing of your information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that the Company, or its service providers, may access your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.
8.0 MAINTENANCE AND SUPPORT
8.1 You can obtain assistance with any technical difficulty that may arise in connection with your use of the Service requesting assistance by email to firstname.lastname@example.org. The Company reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
You agree to indemnify and hold harmless the Company, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the Service, any alleged violation of the AGREEMENT, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with the Service. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
10.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose or non-infringement. This Agreement is not intended to express or imply any warranty that the Service will be uninterrupted, timely or error-free. You acknowledge that the security mechanism incorporated in the Service has inherent limitations and you understand, acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from such use. The Company and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents shall not be liable for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages arising from your use or inability to use the Service, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure or performance of the Service. The Company's liability to you shall not, for any reason, exceed the aggregate payments actually made by you to the Company over the course of one calendar year.
11.0 FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under the AGREEMENT resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
12.0 COMMERCIAL TERMS
12.1 The warranty of any item carrying a warranty shall be activated on the day of delivery of the time.
12.2 In the case of foodstuffs, any such items purchased will not be returnable should these be opened or their seal, if any, be otherwise broken.
12.3 In the case of frozen goods, such goods shall be delivered by the Company in temperature controlled conditions.
12.4 You bind yourself to duly inspect any items purchased using the Service on delivery, and to report any visible damage immediately upon delivery to the Company's employees effecting such delivery. You acknowledge and agree to sign a delivery note on delivery of goods you purchase using the Service, and that such signature shall serve as a declaration by you that any such goods have been delivered in good condition. You also agree that the Company shall not be liable for any damages to goods purchased using the Service should you fail to inspect such goods or for any reason fail to report such damages to the employees effecting such delivery.
12.5 You agree that any purchases made by you using the Services requiring delivery to any address you may indicate may incur a delivery charge as the Company may deem fit from time to time. You also agree that in any event, a delivery charge shall be imposed by the Company should you or your principals or agents not be found at the indicated address.
12.6 Delivery service may take up to 8 days in case of delivery effected by the Company. Delivery time may differ should alternative delivery service be used.
13.1 The AGREEMENT and the relationship between you and the Company shall be exclusively governed by the Laws of Malta and the Maltese Courts shall have exclusive jurisdiction.
13.2 The Company's failure to exercise or enforce any right or provision of the AGREEMENT shall not constitute a waiver of such right or provision.
13.3 If any provision of the AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the AGREEMENT remain in full force and effect.
13.4 The section titles in the AGREEMENT are for convenience only and have no legal or contractual effect.
13.5 The AGREEMENT constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.