These “Terms” record the contractual agreement between you (“you”, “your”) and Joom USA Inc. (“Joom”, “we”, “us”, “our”), regarding your use of and access to the website located at https://www.joom.com or/and any other websites owned or operated by Joom or any portions thereof (collectively, the “Website”), our mobile app “Joom” (the “App”), our customer service (including refunds) and any resources, features, functionality, or services made available through the Website and/or App (collectively, the “Service”).
Joom reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you. All changes are effective immediately when we post them. Your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website or App to determine if there have been changes to these Terms and to review such changes. At its sole discretion, Joom also may offer other services or features governed by different terms and conditions.
# License to Use App
Joom hereby grants you a revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use the App in connection with the Services provided to you by Joom, strictly in accordance with these Terms.
Joom may from time to time provide enhancements or improvements to the features and functionality of the App, which may include patches, bug fixes, updates, upgrades and other modifications. Such updates may modify or delete certain features and/or functionalities of the App. You agree that Joom has no obligation to provide any updates or continue to provide or enable particular features and/or functionalities of the App to you. You further agree that all updates will be deemed to constitute an integral part of the App and subject to the Terms.
Certain items of software included with the App may be subject to “open source” of “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject of the Terms. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for the Open Source Software.
# Accessing Website or App
Joom reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that Joom shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
# Joom’s Role in Transactions
Joom provides an online platform for merchants who comply with Joom’s policies to offer and sell certain goods to consumers. Joom is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item sold through the Website or App are therefore only against the merchant from whom you purchase it and not against Joom. All purchases through the Website or App or other transactions for the sale of goods or Services are governed solely by the terms and conditions of sale between you and the merchant.
Joom acts as the merchant’s agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them. Notwithstanding, in no event shall Joom be financially liable for chargebacks to merchants or be responsible to resolve disputes between buyers (cardholders) and merchants.
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone else. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You may have multiple accounts on Joom, but Joom strictly forbids the use of multiple accounts for the same single user or the use of one account for multiple users for the purpose of earning more rewards. Joom will not honor rewards from such accounts.
Each user represents, warrants and agrees that any information posted or displayed to the Website or App shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate any of Joom’s policies or any other terms.
Each user represents, warrants and agrees that you shall/are:
- carry on your activities on the Website of in the App in compliance with any applicable laws and regulations;
- carry on your activities in accordance with these Terms and any applicable additional agreements;
- not use the Service to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- not attempt to copy, reproduce, exploit, expropriate, license, sell, rent, lease, assign, distribute, transmit, or otherwise commercially exploit the App or Service or make the App or Service available to any third party on any proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Joom and/or the Service or gain unauthorized access to such data, systems or networks;
- not engage in any activities that would otherwise create any liability for Joom or our affiliates.
- not modify, make derivative works of, disassemble, decrypt, reverse compile, reverse engineer, modify, or attempt to derive the source code of any part of the App.
# Age Verification
# User Communication
Joom has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Joom’s sole discretion. By using the Website, the App or the Service or communicating with Joom or others by means of your access to the Website or App, you consent to receiving communications from Joom, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, (collectively, the “Content”) are either owned by Joom or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface Joom provides via the Website or App for use in accessing the Service. Unless specifically set forth herein, your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce, distribute, modify, create derivative works of, publicly display, republish, store, download, or otherwise use Joom’s intellectual property.
The Content is provided for general information only. It is not intended to amount to advice on which you should rely, and any reliance you place on such information is strictly at your own risk. Joom disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website or App.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, useful or up to date.
# User Feedback and Content Submissions
Joom welcomes your feedback, but if you send us or post or embed on the Website, App or via any part of the Service, (a) any feedback, messages or comments; (b) your creative or original concepts or ideas; (c) any content, data, text, photographs, graphics or other materials; or (d) any confidential, proprietary or other information (each, a “Submission”), you represent and warrant to Joom that you own the Submission and have the right to grant Joom the license set out below.
You agree that in using all or part of a Submission, Joom shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential, proprietary, or non-public once submitted to Joom, and that Joom alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Joom via the Website, App or otherwise, you: (a) agree not to make any Submission that violates these Terms in any way; (b) automatically grant Joom a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission; and (e) agree that you, not Joom, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.
Joom reserves the right to remove any Content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, but is not limited to: Submission related to firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products; adult or pornographic material; offensive or obscene material; Submission that promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Submission that will likely deceive any person; Submission that impersonate any person or misrepresents your identity or affiliations; or Submission that violates the intellectual property rights or right to privacy of any other person. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Joom’s, employee, officer, partner or customer may result in immediate termination of your accounts.
We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them to the Website or App.
This Website may include information and materials uploaded by other users of the Website or App, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS JOOM AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOOM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JOOM OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website or App and cannot ensure prompt removal of inappropriate content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Submissions, transmissions, communications, or content provided by any user or third party.
Joom shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Joom shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Joom terminates your use rights, Joom shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
All provisions of these Terms save for the license grant will survive termination. Termination of these Terms will not limit any of Joom’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of your obligations under the present Terms.
# Linking and Third-Party Content
The Website, App and Service may contain links to third-party websites or services not under our control or operation. You acknowledge and agree that Joom shall not be responsible for any third-party websites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Joom or users may provide any such links only as a convenience and you access and use them entirely at your own risk and subject to such third party’s terms and conditions. Joom does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third-party providers. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
# Copyright Infringement
Since we respect artist and content owner rights, it is Joom’s policy to consider notices of alleged infringements.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Joom, please notify Joom’s copyright agent at [email protected]. When filing your report, please provide the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on Joom;
- Information reasonably sufficient to permit Joom to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
# Sales, Custom and Value-added taxes
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering an item via the Website or App you are the importer of goods and must fully comply with all laws and regulations of the destination country.
# How to purchase
It is easy to make a purchase from the Joom Website.
- Choose a product, pick a variant (colour, size, bundle option)
- “Add to cart”
- Сhoose the quantity (the default quantity is 1)
- Input your personal data and shipping information
- Check the data and confirm your order.
- Input bank card data: card number, expiration date and CVV code (card data is encrypted and processed only by the billing system of a bank)
The merchant will receive your order information 2 hours after payment. So if you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to request a refund”, below).
Please note that it may not always be possible for a merchant to accept an order (perhaps because you live in a country that restricts imports or imposes high import tariffs or for other reasons) and that an order will only become binding if it is accepted by the merchant. It typically takes 1-2 days for a merchant to ship your order although the exact delivery times will vary depending on your location. Your payment may be processed through Ingenico ePayments (Neptunusstraat 45, 2132 JA Hoofddorp) or Bambora AB (P.O. Box 17026, SE-104 62 Stockholm, Sweden) or PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449, Luxembourg) or PayPal, Inc (2211 N. 1st Street, San Jose, California 95131) or PayU Ödeme Kuruluşu Anonim Şirketi (Huzur Mah. Ayazağa Cad. Uniq İstanbul Plaza No.4/B K.301 – Istanbul) or Renderwison LTD (FLORINIS 7, GREG TOWER, 2ND FLOOR, 1065, NICOSIA, CYPRUS) or Cellar Door Limited (Suite 2B, 143 Main Street, GX11 1AA, Gibraltar) or Joom USA Inc (12707 High Bluff Drive Suite 200 San Diego, CA 92130) or SIA Joom (Gustava Zemgala gatve 78-1, LV-1039, Riga, Latvia) or LLC Joom (125167, Leningradsky Avenue, 37, room 4, Moscow)
Please note that if there is a change in the rate of any sales tax between your order date and the date any product is supplied to you, we may be required to adjust the rate of sales tax that you pay.
# Refund terms
You will be entitled to a full refund if:
- More than 75 days since the purchase date have passed and the product has not been delivered. This period may be extended in specific cases. You will be notified about any such extension before your order is accepted.
- Product quality is significantly worse than that in the relevant product description, meaning the item is defective, or the information provided in its description on the Website or in the App turns out to be substantially incorrect and there is no way you can enjoy the product.
- You have changed your mind on the purchase within 14 days of receiving your product and you have not used the product or done anything to it that makes it no longer saleable as new. Please note that you must return each item in the same condition in which you received it. This means that new items must be returned new, unused and complete. Used items must not have any additional signs of use or damage.
You should return the product to the merchant. Do not forget to contact our customer support team to clarify the return address before you return the product; otherwise Joom reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 48 hours upon receiving the same.
The following products cannot be returned unless they were clearly defective:
- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- Sealed audio or video recordings or of sealed software (incl. video games) if unsealed by you after delivery;
- Goods made to your specifications or clearly personalized, especially personalized and handmade items;
- Goods which may deteriorate or expire rapidly;
- A service for which the supplier has initiated performance;
- Digital content (including apps, digital software, e-books, MP3, etc.) that is not supplied on a tangible medium (e.g. on a CD or DVD), which is not cancellable once you place an order and delivery has started.
- Goods damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.) and/or by misuse or activities other than the intended purpose.
Joom does not cover the shipment costs of returns.
You may be entitled to a partial refund if the product quality is different than that in the relevant product description.
# How to request a refund
There are several ways to request a refund:
- If less than 2 hours have passed since you purchased the product, you can cancel the order and get a full refund. Go to “My orders”, tap the order you want to cancel and tap the “Order cancelation” button on the bottom of the order page.
- If the quality of the product you’ve received is significantly worse (meaning the item is defective, or the information provided in its description on the Website or in the App turns out to be substantially incorrect and there is no way you can enjoy the product). Go to “My orders”, tap the order you want to refund and tap “Product related issues”
- If 75 days (or other extended period according to Refund Terms) since the purchase date have passed and your order has not yet been delivered. Go to “My orders”, tap the order you want to refund and tap “No” on the green pop-up.
- If you have changed your mind on a purchase within 14 days of receiving a product. Go to “My orders”, tap the order you want to refund and tap “Product related issues”
# Refund process
- Refunded monies are transferred only to the card you used to make your purchase.
- We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 business days.
# Warranty Disclaimer
Neither Joom nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and Services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided from Joom “AS IS” and without any warranty of any kind, either express or implied. Any written warranty about a specific product by a third-party merchant using Joom’s platform to sell a particular product extends from the merchant to you directly and binds only the merchant, not Joom. YOUR USE OF THE WEBSITE AND APP AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME IS AT YOUR OWN RISK. THE WEBSITE AND APP AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME ARE PROVIDED BY JOOM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER JOOM NOR ANY PERSON ASSOCIATED WITH JOOM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR CONTENT THEREOF.
For products shipped internationally, please note the following: the manufacturer warranty may not be valid, depending on the manufacturer’s or your jurisdiction; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported your country. When ordering from the Website or App, you are the importer and must therefore comply with all laws and regulations of your country.
# LIMITATION OF LIABILITY
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE, SHALL JOOM (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES OF ANY KIND (EVEN IF FORESEEABLE), UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT SHALL JOOM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) 100 EUR OR (II) THE AMOUNT PAID BY YOU TO JOOM IN CONNECTION WITH THE PRODUCT OR SERVICES GIVING RISE TO THE APPLICABLE CLAIM.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Joom, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms, including any Submissions, any use of the Website or App content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website or App. In the event of such a claim, suit, or action, we will attempt to provide notice of such claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Joom’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
# Choice of Law
These Terms and your use of the Service will be governed by and interpreted in accordance with the laws of the State of Delaware and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Products is hereby excluded from this Agreement.
# Other Terms
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Joom may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Joom, and you do not have any authority of any kind to bind Joom in any respect whatsoever.
# Dispute Resolution - Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND JOOM AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THESE TERMS, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION AS FURTHER DESCRIBED BELOW.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Joom related in any way to or arising out of in any way from the Service, the Content, or any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Joom, even if the claim arises after you or Joom has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Joom brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Joom, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Joom; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
# Dispute Notice
Before initiating an arbitration, you and Joom each agree to first provide the other party a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to Joom should be sent to: Gustava Zemgala st. 78, LV-1039, Riga, Latvia and emailed to [email protected]. Joom will provide a Notice of Dispute to you via the email address associated with your Joom User ID. You and Joom agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Joom may commence an arbitration proceeding.
# Arbitration Process and Procedure
Unless you and Joom agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS International Arbitration Rules then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) be conducted by phone, based on written submissions, or in person in the county where you reside or some other place reasonably convenient to you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Joom each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. Further, unless both you and Joom expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
# Cost of Arbitration
Unless the arbitrator determines the claim is frivolous, (1) Joom will pay all filing, administration, and arbitrator fees associated with the arbitration, at your request, for claims for which the value of the relief sought is 10,000 EUR or less; (2) Joom will not seek attorneys’ fees and costs in arbitration; and (3) you will be entitled to recover reasonable attorney fees. However, if the arbitrator determines that the claim is frivolous, you agree to reimburse Joom for all of the foregoing fees paid by Joom on your behalf.
# Waiver of Jury Trial
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND JOOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
If your claim does not exceed 5,000 EUR, you and Joom agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Joom submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Joom, or deemed necessary by the arbitrator, you and Joom agree that the hearing will be conducted telephonically or videographically.
# Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed 5,000 EUR, Joom will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
# Small Claims & Government Actions
As an alternative to arbitration, you or Joom may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Joom on your behalf.
# Contact Information
Please feel free to contact Joom Support at [email protected] with any questions or concerns.