Joom Terms and Conditions

These “Terms” constitute the contractual agreement between you, a consumer in the European Union or the United Kingdom (“you”, “your”) and SIA “Joom”, registration number 40103993365, registered address: 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia (“Joom”, “we”, “us”, “our”), regarding your use of and access to the website located at https://www.joom.com and/or any other websites owned or operated by Joom or any portions thereof (collectively, the “Website”), our mobile app “Joom” (the “App”, together with the Website also referred to as the “Site”), content of Website and/or App (the “Content”), customer service in relation to the Content (including refunds) and any resources, features, functionality, or services made available through Website and/or App (the “Service”). Privacy Policy is an integral part of Terms and all the Services are being provided in accordance with it.

Please read these Terms carefully and fully before using Website, App, Service, registration on Website and/or App. When you use our Services or register with us you agree to all of these Terms and become subject to our Privacy Policy (including the Cookie Policy) that covers how we collect, use, share, and store your personal information.

Joom reserves the right at any time and at 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), as well as to modify the Terms 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, amendment, or discontinuance of the Service.

# How we Provide Services

Anyone can use our Website or App without registration and hence to have unlimited access to our Content. The moment you get access to Joom (without registration or prior use of our Services), we process the information on your current location, your actions during your session and other information (as described in more details in our Privacy Policy) that we consider anonymous, as it does not contain information that will help us identify you as a natural person.

Since we care about safety of your personal data and are willing to make your customer experience a pleasant one, we use the best available technologies to provide you with an ability to enjoy a tailored content anytime in the future after you register or place an order at Joom, take advantage of efficient payment processing, delivery options and many other features that we hope you will truly enjoy. Due to the legal requirements, including those arising from the European data protection law (GDPR), we are unable to provide Services or keep the information that you provide during the registration process until you accept these Terms. You will have the opportunity to manage personal data settings in your profile right after you accept our Terms, as explained in more details in our Privacy Policy.

It is your responsibility to regularly check the Website or App to determine if there have been any changes to these Terms and to review such changes. If you do not agree to these or any future Terms, please do not use (or continue to use) our Services. At its sole discretion, Joom may also offer other services or features governed by different terms and conditions.

# Joom’s Role in Transactions

Joom provides a platform for merchants who comply with Joom’s policies to offer and sell certain goods.

Joom acts as a commercial agent of merchants within the scope of powers, rights, and authorities set in the agreement between them, including the powers and rights to negotiate and conclude transactions on behalf of merchants via Website and/or App, set the final price for the items listed on Website and/or App (“Items”), ensure the delivery of Items, and (at Joom’s sole discretion) assist merchants in the receipt and processing of buyer’s claims for refund and guarantee. Notwithstanding the above-mentioned, Joom has no control over the quality, safety, morality, or legality of any aspect of Items, the truth or accuracy of Items, and the ability of merchants to sell Items. By ordering Items on the Site, you conclude an agreement for purchase directly with a merchant.

Joom acts as an agent of merchants for purposes of receiving payments in favour of merchants, and paying the amounts owed to merchants with regards to transactions concluded by you and merchants on Website and/or App. Joom does not provide payment services. Joom is entitled to determine the payment services providers (“PSP”) that will take all necessary actions for payment, acceptance, acquiring, processing, and servicing of payments associated with transactions between merchants and you. SIA Joom reserves the right to designate any number of PSPs.

Chargebacks related to customers and fraud related risks shall be investigated by the relevant PSP in accordance with the applicable rules and contractual obligations.

Your payment obligation to a merchant shall be deemed fulfilled upon receipt of payment by Joom (or its PSP, as applicable), and Joom (via its PSP, as applicable) is responsible for remitting the funds to merchants in the manner described in Joom’s and merchant’s agreement with PSP. In the event that Joom (via its PSP) does not remit any such amounts to a merchant, a merchant will have recourse only against Joom (or its PSP, as applicable) and not you directly. Apart from the above-mentioned, any rights that you may have in respect of any Item are only against merchants from whom you purchase this Item and not against Joom. Joom does not act as a commercial agent for you.

Please feel free to contact Joom Support at support@joom.com with any questions or concerns.

# Users

When you access our Website or the App, we consider you to be a consumer (not a business entity), process the information about you (that we consider anonymous) and transfer it to the third parties. If you prefer to remain anonymous and decide not to register on Joom and not to use our Services, this anonymous information will be deleted shortly after your session is terminated.

Should you wish to use our Service or to register at our platform, by accepting these Terms you explicitly agree that you authorize SIA “Joom” as a data controller and any other authorised part, division, or partner of Joom (as the data processors) to use various media sharing and communication tools (including services provided by the third parties) that will help us to generate a personalised and tailored Content for you, including the advertisements. In that case Joom is entitled by you to obtain, process and/or transfer to our partners any of your personal data (as an identified natural person) solely for the purposes of enabling Service or any other cause in connection therewith.

In case you have used our Website, App, Service or have been registered on our platform before 25 May 2018, you might either agree to these Terms (if you wish us to keep your personal data provided to us earlier and continue to enjoy our platform in a personalised mode) or to delete all the previously provided information in case you do not accept our Terms when you first use our Website or App after 25 May 2018.

Any user IDs, names, or passwords associated with your account shall be maintained by you as confidential and shall not be shared by you with any people not authorised to have access to your personal information. You may have multiple accounts on Joom, but Joom strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. Joom will not honour rewards from such accounts.

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to these Terms.

You as a user warrants and agrees that any information you post or display 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 warrants and agrees that you shall/are:

• carry on your activities on the Website or 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 and policies,
• 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 that would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities,
• not involve attempts to copy, reproduce, exploit or expropriate either Content or Service and/or various proprietary components, directories, databases and listings thereof,
• not involve any computer viruses, other destructive devices, methods and technologies, including codes and botnets, 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 unauthorised access to such data, systems, or networks,
• not to access, use or attempt to copy, reproduce, exploit, or expropriate our API unless explicitly authorised by Joom for a specific purpose and done strictly in accordance with such purpose,
• not engage in any activities that would otherwise create any liability for Joom or our affiliates.

Please note that the address you provide us with (i.e. the one you identify as the address for the delivery purposes) will be considered as the true and valid address for any purposes, including tax matters, and will be considered as the address where the dispatch of the goods ends. By making an order on the Site, you confirm that you provide Joom with a full, valid, and correct address.

In case you act as a business entity and not as a consumer, you shall notify Joom on that prior to making the order on the Site.

# Age Verification

By registering as a user, you certify that you are 16 years of age or older. Children under the age of 16 may not become a Joom user, and parents or legal guardians may not agree to these Terms on their behalf. If you are a resident of a state, province, or country that imposes additional or different age requirements for disclosure of personally-identifiable information or for the use of the Service, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

# User Communication

By accepting these Terms, you entitle us to contact you through email (if you share it with us), mobile phone (if you share it with us) and other ways through our Services, including push notifications. We will send you notifications about our Services, security, or other Service-related issues and promotional messages. You may change your communication preferences at any time by adjusting your personal settings or by sending us your request via privacy@joom.com. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

Joom has the right, but not the obligation, to monitor, decline, edit, or remove all or a portion of any postings, submissions or content at Joom’s sole discretion. By using Website, App, or Service or communicating with Joom or others by means of your access to Website or App, you consent to receive communications from Joom, including, without limitation, 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 Website or App, including, without limitation, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.

# Privacy

When you are using Website and/or App as an anonymous user, your personal data (that we consider anonymous) is being processed, as defined in the Privacy Policy. When you use Service or are becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy (an integral part of these Terms). You may change your personal data setting at any time by adjusting your personal settings or by sending us your request via privacy@joom.com.

# Ownership

Website, App, Services and all the components and features thereof, Content and all intellectual property rights included in or associated therewith, including, without limitation, patents, copyrights, trademarks, service marks, logos, know-how are either owned by Joom or owned by the third parties and licensed to us. All rights, title, and interest in and to the listed above in this paragraph 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 at the Website, App or in the Content. You undertake not to access the Service by any means other than through the interface Joom provides via the Website or App for the access to Service. Your use of the Website, App, or Service does not grant you any right, license, or permission of any kind to reproduce or use Joom’s intellectual property and/or content, as well as any parts thereof.

The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore Joom shall not be deemed liable for any damages or harm (both economic and non-economic losses) thereof. 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, or up to date.

# User Feedback and Content Submissions

Joom welcomes your feedback via the email addresses indicated for specific purposes, but if you send us, or post, or embed on Website, App or via any part of Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics, or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to Joom that you either own the Submission or 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 utilise the Service, that any such Submission shall not be considered confidential or non-public once submitted to Joom, and that Joom alone is free to decide whether 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 content become publicly available and, as set forth below, can be used by others. Furthermore, by providing a Submission to Joom via Website, App, or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms or includes Inappropriate content as defined below; (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; and (d) agree to pay 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. 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 content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, without limitation: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Joom 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.

This website may include information and materials uploaded by other users of the site, 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.

# Termination

Joom shall have the right to terminate your use of Website, App and/or your registration privileges at any time for any reason, including, without limitation, 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.

# Linking and Third-Party Content

Website, App, and Service may contain links to third-party websites not under our control or operation. Joom or users may provide any such links only as a convenience; 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. Use of any such third-party content may be conditioned upon such third party’s terms and conditions. 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 ipr@joom.com. When filing your report, please provide the following information:

• An electronic or physical signature of a person authorised 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 allow 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 authorised 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 authorised 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 via the Website or App you act as importer of goods and must fully comply with all laws and regulations of the destination country.

Joom will issue invoices for the sales in certain cases instead of the merchant from whom you purchase goods. Such invoices shall be considered as invoices for VAT purposes. By making orders on the Site, you agree to receive the invoices from Joom electronically (via emails) or via your account on Joom. In case of any discrepancies between the information in the invoice and the information shown at the checkout stage, in the email with a confirmation of the order or in the documents accompanying the goods, the invoice issued by Joom shall prevail. If you have not received the invoice within 30 days from the day of the order, please check whether you provided the correct email address or contact Joom.

Joom or its affiliated companies have contractual arrangements with logistics providers, customs brokers and other third parties involved in the delivery of the ordered Items to you and customs clearance activities. The following companies may be engaged in customs clearance of the ordered Items:

• G3 Worldwide Hong Kong Limited
• Koninklijke PostNL B.V.
• Bpost Hong Kong Limited
• Bpost N.V.
• China Post Express Logistics Co., Ltd
• Hermes BorderGuru GmbH
• DHL eCommerce Hong Kong Limited
• Compañía Auxiliar al Cargo Express, S.A.
• Sociedad Estatal Correos y Telégrafos, S.A.
• Hecny PAL Limited
• HongKong YunExpress Logistics Limited
• Paket Taşimacilik Sistemleri Ve Tur. Bil. Tic. A.Ş.

Please note that the list is not exhaustive. Should require an up-to-date list of the companies contracted, please reach out to the Joom Support team.

By placing an order on the Site, you also agree that Joom – and other affiliated companies or third parties, including those listed above – shall provide the customs clearance services in your name and on your behalf. Joom and each such affiliated or third party shall be considered as duly authorized by you for the provision of any such activities required for the delivery of the Items.

# How to Purchase

It is easy to make a purchase from the Joom website.

1. Choose a product, pick a variant (colour, size, bundle option),
2. “Add to cart”,
3. Choose the quantity (the default quantity is 1),
4. “Buy”,
5. “Next”,
6. Input your personal data and shipping information,
7. Check the data and confirm your order.
8. Input payment card data: card number, expiration date, and CVV code (card data is encrypted and processed by the billing system of the bank).

When making payment for Item chosen by you on Website or App, you use the necessary payment services of the designated payment service providers (“Payment Processor”). By entering payment card data and agreeing to make/confirm payment you agree to Payment Processor’s terms of service. If you do not agree with Payment Processor’s terms of services, please leave the payment window and cancel your order.

Should you make further payments for the Items chosen by you on Website or App, your consent to use of the services of the same Payment Processor and its terms of service shall be deemed to have been given for further payments.

The merchant will receive your order information 2 hours after payment. 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 or Joom (on behalf of 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 shipment and 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 LLC NCO "Yandex.Money" (115035, Moscow, Sadovnicheskaya street, 82, bldg. 2) or QIWI Bank JSC (117648, Moscow, mkr. North Chertanovo, 1А, bldg. 1) 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 may 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 temporarily 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 (the Item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) on Website or in App and there is no way you can enjoy the product properly.
• 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 you received it in. 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. Please note that if the merchant is located outside of the country to which the item was ordered by you, you might be required to ship the item to such another country where the merchant is located. To be sure that you will ship the item to the correct address, don’t forget to contact our customer support team. Only after our support team has received a proof of the return shipment, a refund can be considered. We aim to respond to all requests within 48 hours upon receiving.

The following products cannot be returned unless received defective:

• Products that are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or that are, after delivery, inseparably mixed with other Items,
• Sealed audio or video recordings or sealed software (incl. video games) if unsealed by you after delivery,
• Goods made to your specifications or clearly personalised, especially personalised and handmade Items,
• Goods that may deteriorate or expire rapidly,
• A service, if the supplier has fully performed it and you accepted when you placed your order that the supplier could begin delivering it, and that you could not cancel it once delivery had started,
• 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) if you accepted when you placed your order that the supplier could begin delivering it, and that you could not cancel it once delivery had 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 are also not returnable.

Joom does not cover the shipment costs of returns.

You may be entitled to a partial refund if:

• Product quality is slightly different than that in the relevant product description and you are still able to enjoy the purchase.

Please note that Joom reserves the right to consider your request for refund carefully and request you to provide additional evidence (including photo or video of the product claimed to be defective) in order to decide whether you are entitled to refund or other kinds of compensation (if any).

# 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 (Item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) than the description on the Joom website. Go to “My Orders”, tap the order you want to refund and tap “Product related issues”
• If 75 days (or 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 a 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

1. Refunded amount is transferred via PSP and/or Payment Processor only to the card you’ve used to make your purchase.
2. We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 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 “AS IS” and without any warranty of any kind from Joom or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY JOOM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. For products shipped internationally, please note that any manufacturer warranty may not be valid; 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 into YOUR country. When ordering from THE WEBSITE OR VIA APP, YOU ACT AS 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 (EVEN IF FORESEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, APP AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE, AND EXPERIENCES PROVIDED VIA THE WEBSITE AND/OR APP OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE OR APP, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) 100 EUR/100 GPB (WHICHEVER IS APPLICABLE) OR (II) THE AMOUNTS PAID BY YOU TO JOOM IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Indemnity. 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. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the 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).

Assignment. 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 without consent.

# Choice of Law, Jurisdiction, and Dispute Resolution

These Terms and your use of the Service will be interpreted in accordance with the laws of Latvia, 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 Latvia. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence as well as has the right to file a claim via an online dispute resolution platform accessible via https://ec.europa.eu/consumers/odr. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Riga, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Riga or to the competent court of the country of your residence.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Furthermore, unless both you and Joom expressly agree otherwise, more than one person’s claims shall not be consolidated.

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.

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 THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY DURING THE PROCEEDING STIPULATED ABOVE.

“Disputes” shall include, without limitation, 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, any Submission, including, without limitation, 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, without limitation, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Joom brings against you. Disputes also include, without limitation, (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 neither a party, nor a class member; and/or (iv) claims that arise after the termination of these Terms.

# Dispute Notice

Before initiating any dispute or any court proceedings, you and Joom each agree to first provide the other a written notice (“Notice of Dispute”) that 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: 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia and emailed to support@joom.com. 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 initiate any court proceedings until this 45-day post-notice resolution period expires.

# 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 and Joom agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Joom, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

# How to Contact Joom

• Joom Support via support@joom.com with any questions or concerns regarding the Service.
• Manage your personal data by sending an email at privacy@joom.com.
• If you would like to report a copyright infringement, please notify us at ipr@joom.com.