FOR THE PURCHASE OF HEALY WORLD PRODUCTS AND THE SUBSCRIPTION TO A HEALY FREQUENCY PROGRAM
1. GENERAL
1.1 The following website is operated by HEALY WORLD Co. (hereinafter “HEALY WORLD”, “Company”, “we”) with its business address at 8529 Southpark Circle, Suite 100, Orlando, FL 32819, USA.
These General Terms and Conditions („GTC“) constitute a legally binding agreement between you and HEALY WORLD and govern your use of the Website and all offers presented on the Website and all purchases made through the Website of HEALY WORLD products and HEALY WORLD Program Group subscriptions. They apply to all contracts concluded via the official website http://us.HEALY.shop/(the “Website”) of HEALY WORLD with a CUSTOMER, i.e. any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession (hereinafter “Costumer” or “You”). By registering, subscribing for a fee, or purchasing products or other content, you agree to these GTC.
1.2 You are subject to these Terms and Conditions and may order a HEALY WORLD device or accessory (“HEALY WORLD Products”) and/or subscribe to a HEALY WORLD Frequency Program (“HEALY WORLD Subscription”) only if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.
1.3 Part A of these General Terms and Conditions contains regulations for the purchase of a HEALY WORLD product. Part B of these General Terms and Conditions contains special provisions for the conclusion of a HEALY WORLD subscription. Part C contains further provisions which, like this Clause 1, apply both to the purchase of a HEALY WORLD Product and to the conclusion of a HEALY WORLD Subscription.
Part A – BUYING A HEALY WORLD PRODUCT
2. CONCLUSION OF THE CONTRACT
2.1 The presentation of HEALY WORLD PRODUCTS on the website does not constitute a legally binding offer, but a non-binding product catalog. Errors and omissions excepted.
2.2 By placing an order on the Website, the CUSTOMER makes a binding offer to purchase the respective HEALY WORLD products and thereby enters into a purchase agreement (“Agreement”).
2.3 To place an order, the CUSTOMER may first add HEALY WORLD products to the shopping cart without obligation and then make any necessary corrections by using the “Back” button on their browser before submitting the binding order. In the shopping cart itself, the CUSTOMER can modify the quantity of a product or remove it from the cart at any time.
2.4 Afterward, the CUSTOMER must provide all relevant data necessary for order processing, including their first and last name, billing and delivery address, payment method, payment data, and email address. During the ordering process, HEALY WORLD provides the CUSTOMER with a standard completeness and plausibility check to help identify any input errors (e.g., ensuring that mandatory fields are filled and that the entered characters match the corresponding fields). Subsequently, the CUSTOMER’s order data is summarized for verification.
2.5 By clicking the “order subject to payment” button, the CUSTOMER places a binding order for the HEALY WORLD products in the shopping cart. The CUSTOMER can only place a binding order after acknowledging and accepting these Terms and Conditions, as well as reviewing and accepting the privacy policy and cancellation policy as outlined in section 6. The CUSTOMER must indicate their acceptance by checking the corresponding fields labeled “I have acknowledged and accepted the privacy policy and the Terms and Conditions” and “I have acknowledged the cancellation policy” before clicking the “Order subject to payment” button.
2.6 The General Terms and Conditions can be printed using the “Print” function and saved using the “Save” function.
2.7 HEALY WORLD will promptly acknowledge the receipt of the order by sending an automatically generated email to the CUSTOMER (“Confirmation of Receipt”). The Confirmation of Receipt does not constitute an acceptance of the order, unless expressly stated in the Confirmation of Receipt. The contract is deemed concluded at the time HEALY WORLD accepts the order by sending an email to the customer (“Order Confirmation”), or at the latest when the ordered HEALY WORLD products are shipped in accordance with Sections 1 and 4.2, and the CUSTOMER receives a separate email containing the shipping information (“Shipping Confirmation”) from HEALY WORLD. The order or shipping confirmation will include all relevant contract details, such as order information, these General Terms and Conditions, and the Privacy Policy.
2.8 If HEALY WORLD does not expressly declare acceptance of the CUSTOMER’s order within five working days after sending the order or shipping confirmation, the CUSTOMER’s offer to conclude the contract shall be deemed rejected.
2.9 HEALY WORLD will make reasonable efforts to provide a specific, clear, and detailed description of the features, price, and availability of each HEALY WORLD Product offered.
3. PRICES; TERMS OF PAYMENT
3.1 Pricing and Payment. Prices are quoted and exclusively payable in US dollars. The prices stated on the website do not include sales tax. The total purchase price, including VAT (Value Added Tax) and shipping costs (if applicable), will be clearly shown in the order summary before you submit your order.
3.2 Secure Payment. Payment should be made through the selected payment method during the order process. To ensure the safety of your information, all data transmission is encrypted using the SSL (Secure Socket Layer) protocol. This protocol is recognized as one of the most secure according to the PCI-DSS standard.
3.3 Electronic Invoices and Credit Notes. The CUSTOMER shall receive invoices and credit notes for each binding order exclusively in electronic form. Upon receiving the invoice, the invoice amount stated therein is immediately due for payment in full.
3.4 Default of Payment In the event of payment default, HEALY WORLD reserves the right to exercise its statutory rights.
4. DELIVERY; RESERVATION OF TITLE
4.1 Delivery Address. The product order will be delivered to the address provided by the CUSTOMER within the United States only.
4.2 Delivery Timeframe. HEALY WORLD will aim to deliver the ordered products within 30 calendar days from the conclusion of the purchase contract.
4.3 Delivery Charges and Changes. If the CUSTOMER wishes to change the delivery method after payment of the delivery charge and initiation of delivery, HEALY WORLD reserves the right not to refund the delivery charges paid by the CUSTOMER. Additionally, if the CUSTOMER subsequently changes the provided address or wishes to switch to a higher-priced delivery option, HEALY WORLD reserves the right to charge the CUSTOMER for any additional delivery fees incurred.
4.4 Early Delivery. HEALY WORLD reserves the right to deliver a product order, or any part thereof, before the expected delivery date, provided it is reasonable and without any additional cost to the CUSTOMER.
4.5 Transfer of Risk. The risk of loss or damage to the product(s) ordered from HEALY WORLD will pass to the CUSTOMER under the following conditions: (a) When the CUSTOMER or a third party other than the carrier designated by the CUSTOMER takes possession of the product(s). (b) Upon delivery of the product(s) to the carrier if the carrier has been engaged by the CUSTOMER for transportation, and if such carrier choice has not been offered by HEALY WORLD. This is without prejudice to the CUSTOMER’s rights against the carrier.
4.6 Title Reservation. Regardless of any limitations on delivery and risk transfer, HEALY WORLD will retain full title to the products until payment in full has been received for all products that are the subject of an order.
5. RIGHTS OF DEFECT
5.1 Defects and Remedies. In the event of defects in HEALY WORLD products, the CUSTOMER is entitled to demand supplementary performance, withdraw from the contract, or reduce the purchase price within the scope of the statutory provisions. The CUSTOMER must contact the Customer Support through the BackOffice for any claims related to defects.
5.2 Statutory Claims Period. The period for asserting claims based on defects shall be two years, starting from the delivery of the respective HEALY WORLD products to the CUSTOMER.
Claims based on defects that HEALY WORLD has fraudulently concealed or that are subject to a quality or durability guarantee shall remain unaffected by this clause.
5.3 Damages for Defects. Claims for damages due to defects are subject to the statutory provisions. The CUSTOMER should initiate any claims for damages through the Customer Support via the BackOffice.
6. LIABILITY
6.1. Warranty of Conformity and Defects. HEALY WORLD warrants and represents that the delivered Products conform to all applicable laws and regulations and are free from defects in materials and workmanship. These warranties apply exclusively to CUSTOMERS for the specified period.
6.2. Remedies for Breach of Warranty. HEALY WORLD ‘s responsibility and the sole remedy for a breach of any warranty is limited to the correction or replacement of the Product without charge, provided that the Product has been returned to the Company in accordance with the warranty.
6.3. Repair or Replacement Determination. HEALY WORLD retains the sole right to determine whether returned Products or parts should be repaired or replaced.
6.4. Warranty Duration. HEALY WORLD’s responsibility under these warranties expires twelve (12) months from the date of purchase by the end user.
6.5. Product Changes. Unless otherwise agreed, HEALY WORLD reserves the right to make changes to its Products without any obligation to incorporate such changes in previously manufactured products.
6.6. Exclusions from Warranty Coverage. These warranties do not apply if the Products have been subject to unusual wear and tear or contraindicated use.
6.7. Exclusion of Other Warranties. THE WARRANTIES SET FORTH ON THE PRODUCT DESCRIPTION ARE THE SOLE WARRANTIES FOR THE PERFORMANCE PRODUCTS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE, COMMON LAW, OR OTHERWISE, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, VALIDITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AGGRAVATED, PUNITIVE, OR LIQUIDATED DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY (OTHER THAN FOR THE PRODUCTS), LOST PROFITS, REVENUE OR OPPORTUNITY, LOSS OF USE, OR CLAIMS OF IHWM’S CUSTOMERS FOR SUCH DAMAGES, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING BUSINESS INTERRUPTION LOSSES, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PERISHABLE MATERIAL, OR LOST PROFITS, EXCEPT FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
7. RIGHT OF WITHDRAWAL
Our commitment to our CUSTOMERS ‘satisfaction extends to our withdrawal policy. We aim to deliver reliable and high-quality products, and our voluntary warranty is an additional assurance of our dedication to your contentment with your HEALY WORLD purchase. For further information, please consult our Return Policy, where you can find comprehensive details regarding the withdrawal process.
7.1 Right of Withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by submitting a ticket with the Customer Support. Please provide your name, email address, telephone number, and indicate your desire to return a HEALY WORLD product. Once we receive your request, we will process the return and provide you with a return label.
7.2 Exceptions to the Right of Withdrawal. Please note that the right of withdrawal does not apply to the following contracts: (a) Contracts for the supply of goods that are made to your individual specifications or are clearly personalized according to your needs. (b) Contracts for the supply of goods that are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery.
7.3 Return Process. When returning the product, please ensure that you securely package the HEALY WORLD product, affix the provided return label, and drop off the package at the nearest carrier drop-off location.
7.4 Return Fee. In the event of a return within the withdrawal period, a fixed return fee of $10 (USD) will be deducted from the refund amount. This fee covers the cost of processing the return and associated administrative expenses.Please note that the return of any promotional items received as part of your order may be required along with the non-promotional items to be eligible for a refund.
7.5 Refund Process. Upon receiving the returned product, we will reimburse you for all payments received from you, excluding a fixed return fee of 10 €. The refund will be made without undue delay. We will use the same means of payment used for the original transaction, unless expressly agreed otherwise. You will not incur any fees as a result of the refund.
8. VOLUNTARY WARRANTY FOR CUSTOMERS
We strive to provide reliable and high-quality products, and our voluntary warranty is an additional commitment to ensuring your satisfaction with your HEALY WORLD purchase. Please refer to our Return Policy for more details.
8.1 Warranty Coverage. HEALY WORLD offers a voluntary warranty for a period of two years from the day of receiving the HEALY WORLD Hardware, covering all material defects and defects of title that were present at the time of sale. It’s important to note that in certain cases, the warranty for the Healy Coil and Healy Accessories may have a duration of up to one year. Additionally, please be aware that in the event of a replacement device, the warranty period of the original device is transferred and does not restart for the replacement device.
8.2 Limitations. The warranty does not cover damages caused directly by the CUSTOMER, including but not limited to damages to life, body, health, or loss of the product, nor does it cover damages resulting from intentional or grossly negligent breaches of duty by HEALY WORLD, its legal representatives, or vicarious agents.
8.3 Warranty Exclusions. The warranty will be void if the CUSTOMER fails to follow the operating or product instructions provided by HEALY WORLD, makes unauthorized changes to the products, or engages in other improper interventions that lead to the emergence of defects.
8.4 Exclusion of Wear Parts. Please note that the warranty does not cover wear parts of any kind. We appreciate your understanding in this matter.
Part B – CONCLUSION OF A HEALY WORLD Subscription
By selecting and purchasing a HEALY WORLD product, you have the option to also subscribe to the HEALY WORLD subscription through our website. The subscription allows you access to the HEALY Frequency Program and other services included in the subscription (“the Services”). The conclusion of the contract occurs when you successfully complete the order process and agree to the terms and conditions associated with the HEALY WORLD subscription. It is important to review and understand these terms before finalizing your subscription.
9. SCOPE
Please note that the scope and availability of the Services may be subject to change or updates from time to time. We strive to continually enhance and expand the offerings within the HEALY WORLD Subscription to provide you with the best possible experience and benefits.
9.1 The HEALY WORLD Subscription grants you the right to use the HEALY Frequency Program and other services contained within (“the Services”). The HEALY Frequency Program includes access to a wide range of frequency-based programs designed to promote well-being, balance, and vitality. The additional services provided as part of the subscription may vary and can include features such as personalized recommendations, progress tracking, and access to exclusive content and updates.
9.2 The HEALY WORLD subscription is strictly for your personal use and enjoyment. It is not permitted to be used by other persons or organizations. The subscription is non-transferable, and you are solely responsible for maintaining the confidentiality of your account information and ensuring that unauthorized individuals do not gain access to the Services.
9.3 As part of the HEALY WORLD subscription, we may offer certain services on a monthly subscription basis, which can be subscribed to individually or as a bundled package of different programs. These subscription options provide flexibility in selecting the services that best suit your needs and interests. The availability of specific subscription plans and the details of the services included will be clearly communicated during the subscription process.
10. MAINTENANCE OF THE SYSTEM
Maintenance of the HEALY Frequency Programs is important to ensure their optimal functioning and to incorporate improvements or updates. HEALY WORLD reserves the right to make operational changes to the system for various reasons, such as software development or updates. However, they are not obligated to provide prior notice regarding these changes.
In some cases, access to the frequency programs may need to be temporarily interrupted for maintenance purposes. Typically, these interruptions occur between 9:00 p.m. and 6:00 a.m. CET (Central European Time). It is important to note that these time frames are provided as an example and may vary depending on the circumstances.
Whenever possible, HEALY WORLD will strive to announce such interruptions in advance to minimize inconvenience for users. This advance notice allows users to plan their usage accordingly. However, it’s important to keep in mind that unforeseen circumstances or urgent maintenance requirements may not always allow for prior notification.
To stay updated on any announcements or changes regarding maintenance and interruptions, users should regularly check the official communication channels provided by HEALY WORLD. These channels may include the HEALY WORLD website, official emails, newsletters, or other forms of communication established by the company.
11. PRICES; TERMS OF PAYMENT
11.1 The prices displayed on the website exclude applicable sales tax. The total purchase price, inclusive of VAT (Value Added Tax), will be clearly indicated in the order summary before you finalize your purchase.
11.2 If you choose to purchase a HEALY WORLD product and also opt for a HEALY WORLD subscription, the first payment for the subscription will be due on the date of your order, followed by subsequent payments on the first of each calendar month.
11.3 Payment should be made using the payment method you select during the ordering process. To ensure the security of your information, data transmission is encrypted using the SSL (Secure Socket Layer) protocol, which adheres to the highest security standards defined by the PCI-DSS standard.
12. TERM AND CANCELLATION OF HEALY WORLD SUBSCRIPTIONS
12.1 Term and Renewal of HEALY Subscription. Paid HEALY subscriptions for your HEALY or MagHEALY have a minimum term that you choose when entering into the contract. If the paid subscription is not canceled with one month’s notice prior to the end of the month, it will automatically renew indefinitely, depending on the type of subscription. If you fail to cancel the initial paid subscription or fail to cancel it in a timely manner, you can terminate the renewal subscription at any time by providing one month’s notice.
12.2 Term and Renewal of MagHEALY Subscription. Paid MagHEALY subscriptions have varying minimum terms depending on the subscription type you select. If the paid subscription is not canceled with one month’s notice prior to the end of the month, it will automatically renew indefinitely, depending on the subscription type:
- 1-month subscription: Automatically renews for an additional month after the expiration
- 3-month subscription: Automatically renews for an additional three months after the expiration
- 6-month subscription: Automatically renews for an additional six months after the expiration
- 12-month subscription: Automatically extends by one month after the expiration
If you fail to cancel your initial paid subscription or fail to cancel it in a timely manner, you can terminate the renewal subscription at any time by providing one month’s notice. Please note that you can only switch to a subscription with a longer term after canceling the current subscription. In the case of switching to a subscription with a longer term within an existing subscription, the monthly payment due date of the first subscription will remain in effect until its expiration. HEALY WORLD reserves the right to unilaterally modify or terminate these special terms and conditions at any time without prior notice for any reason.
12.3 Cancellation of the Subscription. To cancel any HEALY WORLD subscription(s) that you no longer wish to continue, you can either click the cancellation button in your BackOffice under Subscriptions or send a message to the Customer Support.
13. CHANGES IN THE CONDITIONS OF THE SUBSCRIPTION OFFERS
HEALY WORLD has the discretion to modify the prices of its subscription offerings to account for changes in overall costs associated with the service. These cost factors may include production and licensing costs, technical delivery expenses, customer service and distribution costs (such as billing, payment, and marketing), administrative overhead costs (including rent, financing costs, personnel, service providers, IT systems, and energy), as well as government-imposed fees like taxes and duties.
In the event of a price increase, HEALY WORLD will notify its customers at least 30 days before the new price takes effect. The notification will be sent via email to the address provided during the registration process. Along with the notice of the price adjustment, HEALY WORLD will specifically inform customers about their extraordinary right to cancel the subscription due to the price change. The notification will also include the cancellation period and the consequences of not canceling within the specified time frame.
If the customer does not cancel the subscription, the new price will apply starting from the next scheduled billing date for the monthly subscription. It’s important for customers to carefully review the price change notification and consider their options, including whether they want to continue with the subscription at the updated price or exercise their right to cancel within the given timeframe.
14. OPERATIONAL STABILITY
HEALY WORLD strives to offer its frequency subscription programs with the utmost operational stability. However, it’s important to note that there may be instances where outages occur due to factors beyond HEALY WORLD’s control. These factors include, but are not limited to, power outages, failures in modem equipment, disruptions in telecommunications links, or similar issues.
In the event of such failures or outages, HEALY WORLD will make every effort to restore normal operation as quickly as possible. However, it’s important to understand that the resolution time may vary depending on the nature and extent of the underlying issue.
HEALY WORLD cannot be held liable for outages or disruptions caused by factors beyond its control. These unforeseen circumstances are considered force majeure events and fall outside the scope of HEALY WORLD’s responsibility. However, despite this limitation, HEALY WORLD is committed to minimizing any disruptions and working diligently to restore the service to its normal functioning state.
If users experience any issues or disruptions, they are encouraged to report them to HEALY WORLD’s customer support or technical team. This allows HEALY WORLD to gather information and take appropriate measures to resolve the problem promptly.
Overall, while HEALY WORLD aims for operational stability, it’s essential to understand that certain factors beyond their control may impact the service, and the company will make reasonable efforts to rectify any issues and resume normal operations.
15. RIGHTS TO THE FREQUENCY PROGRAMS AND THE HEALY WORLD APPLICATION
15.1 The HEALY Frequency Programs, including any customized software, are the exclusive property of HEALY WORLD unless otherwise agreed. HEALY WORLD has the right to assign its rights and obligations under the agreement to its commercially affiliated subsidiaries, business units, affiliates, or divisions without any restrictions. However, the transfer of rights and obligations to a third party requires the written consent of the other party. If such a transfer occurs without consent, you have the right to withdraw from the contract.
15.2 HEALY WORLD is responsible for providing necessary and appropriate updates to the HEALY WORLD application (Apps). Additionally, HEALY WORLD reserves the right to provide additional updates at its sole discretion. These updates may include technical and content adjustments aimed at further development and enhancing the user experience. The modifications made to the Apps will be reasonably acceptable to the user.
In summary, the HEALY Frequency Programs and any customized software belong to HEALY WORLD. The company has the right to assign its rights and obligations, but a transfer to a third party requires written consent. HEALY WORLD is responsible for providing updates to the Apps as necessary and reserves the right to make modifications to improve the user experience.
16. LIABILITY OF HEALY WORLD
HEALY WORLD acknowledges that it has taken reasonable measures to ensure that Programs are free from malicious software. However, HEALY WORLD cannot guarantee that the Programs will remain completely free from such software. As a result, HEALY WORLD disclaims all warranties, whether express or implied, regarding the Frequency Programs. This includes implied warranties of fitness or suitability for a specific purpose, to the fullest extent permitted by law.
Notwithstanding the above disclaimer, HEALY WORLD’s liability will be governed by clause 6 of the agreement. The specifics of HEALY WORLD’s liability, including any limitations or exclusions, will be detailed in that clause. It is important to refer to the agreement to understand the extent of HEALY WORLD’s liability and the rights and remedies available to the user.
In summary, while HEALY WORLD has made efforts to protect the Programs from malicious software, it cannot guarantee their complete absence. HEALY WORLD disclaims all warranties related to the Frequency Programs, except as specified in clause 6 of the agreement, where HEALY WORLD’s liability will be outlined.
17. RIGHT OF REVOCATION EXPIRATION CLAUSE
The right of revocation or withdrawal shall expire in the case of a contract for the purchase of digital content if the execution of the contract has been commenced after the Purchaser has explicitly agreed to such commencement of execution before the end of the withdrawal period. By providing consent and agreeing to the immediate execution of the contract, the CUSTOMER acknowledges and confirms their understanding that exercising their right of revocation will no longer be possible.
The CUSTOMER understands that once they have agreed to the commencement of execution of the contract before the withdrawal period ends, they will lose their right to cancel or withdraw from the contract at a later time.
This clause is applicable to all digital content purchases made by the CUSTOMER and supersedes any conflicting provisions.
Part C – OTHER PROVISIONS
18. DATA PROTECTION AND CONFIDENTIALITY
18.1 Data processing shall be conducted in compliance with the applicable data protection laws. Further details regarding data protection can be found in the information available on our website.
18.2 HEALY WORLD acknowledges and understands its obligations to implement necessary technical and organizational security measures as mandated by the legal requirements. These measures aim to safeguard the security and integrity of the personal data being processed.
18.3 HEALY WORLD is bound to maintain the confidentiality of all information obtained about you. Any such information will not be disclosed to any third party unless required to do so by a court or regulatory agency of competent jurisdiction. In such cases, disclosure will be limited to the extent necessary to comply with the legal obligation.
HEALY WORLD affirms its commitment to protect your personal data and to maintain the confidentiality of any information shared during the course of the contractual relationship.
This clause shall remain in effect even after the termination or expiration of the contract.
19. SINGLE SIGN-ON SERVICES
19.1 HEALY WORLD employs a secure single sign-on authentication method (‘SSO Services’) to streamline access for users of HEALY WORLD Services and Applications. With SSO Services, users can securely authenticate themselves to access the various applications without the need for separate account creation. The registration data provided on the HEALY WORLD website is automatically and securely transferred into the system through a dedicated interface.
19.2 Users are solely responsible for maintaining the confidentiality and security of their login information and must refrain from disclosing it to third parties. Please note that HEALY WORLD reserves the right to modify or discontinue the SSO Services without prior notice. Consequently, HEALY WORLD shall not be held liable for any damages arising from the use of SSO authentication.
19.4 Users have the flexibility to update their login credentials or delete their account at any time, according to their preference. By utilizing the SSO authentication, users acknowledge and agree to comply with the terms set forth in this clause.
20. FINAL PROVISIONS
20.1 Compliance with Laws and Code of Conduct: Throughout the duration of this Agreement, CUSTOMER agrees to adhere to all laws governing the importation, sale, and distribution of the Products, both within the applicable state and beyond. CUSTOMER also undertakes to promptly inform the Company of any changes in laws that might impact the sale of the Products in the region. In the event that CUSTOMER engages in the sale of Products in violation of any applicable laws, regulations, or company policies, CUSTOMER shall assume responsibility for defending and indemnifying the Company.
20.2 Choice of Law and Arbitration: To the extent permissible under applicable law, these Terms shall be governed by the laws of the State of Florida, USA, while excluding its choice of law provisions. All matters concerning the construction, validity, interpretation, and enforceability of these Terms, as well as any rights and obligations arising from the use of the Site or Services, shall be governed by and construed in accordance with the laws of the State of Florida, without applying any choice of law or conflict of law rules that would result in the application of laws from any jurisdiction other than Florida.
20.3 Miscellaneous Conditions: The failure of either party to insist upon or enforce strict performance of any of the terms shall not be deemed a waiver of any provision or right. Should any provision or part of these Terms be held invalid or unenforceable by statute, regulation, or a final judgment of a court with competent jurisdiction, such provision shall be considered separable and shall not affect the validity and enforceability of the remaining provisions. The parties acknowledge that no joint venture, partnership, employment, fiduciary, or agency relationship exists between the CUSTOMER and the Company as a result of these Terms or the use of the Sites or Services.
These Terms and Conditions constitute the entire agreement between the parties, superseding any prior agreements or understandings, whether written or oral, pertaining to the subject matter discussed herein.
Version: June 2023