FIZZPOP.SHOP reserves the right, at its sole discretion, to change, add or remove portions of these Terms & Conditions, at any time. It is your responsibility to check the Terms & Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the Terms & Conditions, which shall apply until we post a modified Terms & Conditions and then in accordance with such modified Terms & Conditions. As long as you comply with these Terms & Conditions and any such modifications, FIZZPOP.SHOP grants you (“End User”) a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice: All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to FIZZPOP.SHOP, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without FIZZPOP.SHOP prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and FIZZPOP.SHOP reserves all rights not expressly granted hereunder. FIZZPOP.SHOP expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
2. Registration; Customer Accounts; Use of Site: Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify FIZZPOP.SHOP immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by V or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that FIZZPOP.SHOP may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that FIZZPOP.SHOP will not be liable to you or to any third party for termination of your access to the Site.
4. Consent to Our Communication with You by Email: By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for FIZZPOP.SHOP to contact you at your email address.
5. Methods of Payment, Credit Card Terms and Taxes: All payments must be made before the goods are actually sent, either by cash, cheque, PayPal or a valid Credit/Debit card. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT FIZZPOP.SHOP, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify FIZZPOP.SHOP of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If FIZZPOP.SHOP does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by FIZZPOP.SHOP or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
6. Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. FIZZPOP.SHOP reserves the right at any time after receipt of your order to accept or decline your order for any reason. FIZZPOP.SHOP further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by FIZZPOP.SHOP upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. FIZZPOP.SHOP is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
7. No Responsibility to Sell Mispriced Products or Services: FIZZPOP.SHOP shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. FIZZPOP.SHOP shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FIZZPOP.SHOP shall immediately issue a credit to your credit card account in the amount of the charge.
8. Modifications to Prices or Billing Terms: FIZZPOP.SHOP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.
9. Service and Support for Goods Sold: All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
10. Indemnification: You agree to indemnify and hold harmless FIZZPOP.SHOP and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms & Conditions, or your violation of any law, regulation or third-party right.
11. Disclaimer of Warran
ties: THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS” and “AS AVILABLE” basis and are subject to change at any time without notice to you.
12. LIMITATION OF LIABILITY THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL FIZZPOP.SHOP OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS & CONDITIONS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE FIZZPOP.SHOP SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF FIZZPOP.SHOP WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF FIZZPOP.SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS & CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT FIZZPOP.SHOP SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO FIZZPOP.SHOP BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF FIZZPOP.SHOP YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESETERMS & CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
13. General: No delay or failure to act under these Terms & Conditions shall constitute any waiver by FIZZPOP.SHOP of any provision of these Terms & Conditions. If any provision of these Terms & Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms & Conditions will continue in full force and effect. These Terms & Conditions will bind and inure to the benefit of FIZZPOP.SHOP permitted successors and assigns. Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises. These Terms & Conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms & Conditions shall be null and void. FIZZPOP.SHOP may freely assign these Terms & Conditions without consent or notice. These Terms & Conditions (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between FIZZPOP.SHOP and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.