Terms of Use

Last Updated: February 22, 2017

1. Welcome to Zungle!

Welcome to zungleinc.com. Zungle Inc. (“Zungle”) provides website features and products to you when you visit or shop at zungleinc.com.

By using this website (“the Site”) and products manufactured by Zungle (“Products”), you agree to these conditions. Please read them carefully. We may change these terms from time to time. If we do, we will notify you on the site.

2. Privacy

Please review our Privacy Policy, which also governs your use of site and products manufactured by Zungle, to understand our practices.

3. Electronic Communications

When you use the site or products, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, and messages on this site or through the other sales platform. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the site and products are trademarks or trade dress of Zungle in the U.S. and other countries. Zungle’s trademarks and trade dress may not be used in connection with any product or service that is not Zungle’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zungle. All other trademarks not owned by Zungle that appears in the site and product are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zungle.

5. Patent

One or more patents owned by Zungle apply to the site and products and to the features and services via Zungle. Portions of the Zungle operate under license of one or more patents.

6. License and Access

Subject to your compliance with these Terms of Use and your payment of products, Zungle grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the site and products. This license does not include any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of the site and products or Zungle’s contents. All rights not expressly granted to you in these Terms of Use are reserved and retained by Zungle or its licensors, suppliers, publishers, rightsholders, or other content providers. No products and service provided by neither the site, nor any part of products may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Zungle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zungle without express written consent. You may not use any meta tags or any other "hidden text" utilizing Zungle’s name or trademarks without the express written consent of Zungle. You may not misuse the site and products. The licenses granted by Zungle terminate if you do not comply with these Terms of Use.

7. Risk of Loss

All items purchased or pre-ordered from the site and other sales platforms are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Returns, Refunds and Title

Zungle does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Zungle does not take title to the refunded item.

9. Product Descriptions

Zungle attempts to be as accurate as possible. However, Zungle does not warrant that product descriptions or other content of any sales platform including the site accurate, complete, reliable, current, or error-free. If products offered by Zungle itself are not as described, your sole remedy is to return it in unused condition.

10. Pricing

"List Price" means the suggested retail price. We regularly check List Prices against prices recently found on any other sales platform and other retailers. With respect to items sold by other sales platforms, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Zungle is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

11. Other Businesses

Parties other than Zungle operate stores, provide services, or sell product lines including pre-orders through various sales platforms. We may provide links to the sites of affiliated companies and certain other businesses. Zungle is not responsible for examining or evaluating and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Zungle does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

12. Disclaimer of Warranties and Limitation of Liability

Please review our Disclaimer of Warranties and Limitation of Liability, which also governs your use of products manufactured by Zungle, to understand our practices.

13. Disputes

Any dispute or claim relating in any way to your use of products and the site, or to any services provided by Zungle or through other sales platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 300 Delaware Ave, Suite 210, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Zungle will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

14. Governing Law

By using products and the site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Zungle.

15. Pre-Order

These are the terms that apply when you pre-order products from all pre-order platforms. You can change or cancel your pre-order at any time upon our delivery to carrier. You can change or update your address at any time upon our delivery to carrier. The estimated delivery date is our estimate. We do not guarantee to fulfill by that date. You are responsible for shipping failure due to incorrect address. We communicate with you via emails regarding shipping details. We send you three emails upon our delivery to carrier: order confirmation – survey, final shipping address notice, shipment beginning notice. You have to provide us a correct or adjusted address upon delivery.

16. Our Rights

Zungle reserve these rights regarding the site, your order and pre-order. We can make changes to the site, services and products without notice or liability. We have the right to cancel any order and pre-order at any time and for any reason with a refund, excluding shipping and payment transaction fee. Zungle is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.