1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions Agreement (“Agreement”) with respect to our Digital Channels (the “Channels”). This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Channels, and you should review this Agreement prior to using the Channels.
2. Online Shopping Terms and Conditions. Inaccuracy Disclaimer: From time to time there may be information on our Channels that contains typographical errors, inaccuracies, omissions or information that is simply out of date, that may relate to product descriptions, pricing, and availability. PriceSmart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Subject to applicable law, PriceSmart: (a) reserves the right to change the goods and services advertised or offered for sale through these Channels, the prices or specifications of such goods and services, and any promotional offers and any other Channel Materials (defined below) at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on these Channels will be available when ordered or thereafter; (c) reserves the right to limit quantities sold or made available for sale; (d) does not warrant that the Channel Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. "Channel Materials" means all materials on the Site, app or any other digital channel, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
PriceSmart reserves the right, with or without prior notice to do one or more of the following: (1) discontinue or limit the availability of any product or service, (2) set guidelines for compliance of any coupon, code, promotional code or similar promotions, (3) prevent users from making or completing any and all transactions, (4) refuse to provide a product or service to any user.
Regarding the online shopping service platform (Click & Go, Standard and Express Delivery)
All terms and conditions in the Policies and Returns section of pricesmart.com are applicable. PriceSmart reserves the right to allocate Platinum membership rewards and co-branded credit card cash back accumulation for purchases processed through pricesmart.com, the PriceSmart app and any other related products, as defined in local conditions.
Online donations, where available, do not currently allow the issuance of electronic invoice from our online platform, nor are they applicable for diplomatic benefits in countries where these are provided.
All purchases made through this platform, in the countries where it is available, will generate charges in local currency. The amount billed at the time the order is placed is subject to change, and therefore could reflect a different amount on the invoice and statement of the card with which the customer pays for his order compared to the amount indicated at the time of paying for the order online. The price of products on pricesmart.com is displayed following our club policies and practices. This means they include all taxes in Barbados, Colombia, Costa Rica, El Salvador, Guatemala, Honduras and Trinidad and Tobago. Similarly, in order to follow local regulations and practices, local products in Aruba, Jamaica, Nicaragua, Panama and US Virgin Islands will have the sales tax added at checkout. PriceSmart.com may apply a USD$5.00 stocking fee per order (the stocking fee may be charged in local currency; daily exchange rate applies). This stocking fee will not be charged during the COVID-19 restriction period. PriceSmart.com and PriceSmart.com associated channels accept debit and credit card payment methods for online purchase. See local conditions to learn more about locally accepted payment methods and payment network brands.
The Click & Go, Standard and Express Delivery services have an order placement time limit in order to guarantee delivery in the shortest amount of time possible, within the club’s working hours and in accordance with the public transit guidelines and restrictions that may exist in the countries where the service is provided. Therefore, the member understands that: for the Click & Go service, all orders will be processed over night and made available for pickup the day after order completion. Members will have a 24-hour window after the pickup confirmation communication is sent to pick up their order. If a confirmed order is not picked up within the specified time, a USD $10.00 restocking fee will be charged and a refund of the order fee will be processed to the card used by the member to place the order (the restocking fee may be charged in local currency; daily exchange rate applies). For the Standard and Express Delivery services, the member agrees to guarantee reception of the order at the address indicated at checkout, and as indicated through the services’ communication provided to facilitate delivery. The member will be charged the USD $10.00 restocking fee, in the cases where the member fails to receive the order. This stocking fee will not be charged until further notice. All delivery orders will be delivered in a sealed package, with the corresponding printed invoice attached. The member will be responsible for retrieving their purchases from the assigned driver's car. The driver will only be responsible for delivering the order to the building or residence indicated in the order's delivery address. In the cases where these conditions are not met, the member must reject the delivery and notify the issue via email to the email address of the club where the order was placed. Doing so will be considered the only means to trigger reimbursement for the order. Members accept and understand that, upon placement of Click & Go orders, they are responsible for procuring capacity and means to pick up and transport large format and high weight items, such as large appliances, furniture and other large format products. Members also understand and accept that Standard and Express Delivery service orders will be conditioned by the transportation capacity of vehicles used for such end and, therefore, do not consider the transportation or delivery of large format items. PriceSmart will offer members to coordinate a delivery service exclusively for these large format items, at an additional cost. These deliveries will be scheduled for delivery on the following day as of contact with the member. See Delivery service coverage areas. Local conditions may apply for delivery services available. See local conditions here.
Click & Go, Standard and Express Delivery purchases, as well as physical purchases at the club, will be restricted for staple or high demand products for an indefinite time, in order to give as many members posible the opportunity to buy said products. PriceSmart reserves the right to define and update the list of products to which this restriction applies in quantity discretion, and will indicate any updates in this regard to its members both at clubs and its web site, being this last the primary and most up-to-date source to that end.
About the credit card validation process for online shopping
When an order is created in our system, our anti-fraud team may require additional information or documentation to confirm your identity and payment method. Documents required via our department's email address, firstname.lastname@example.org, may include image of your identification document and image of your credit card displaying the first 6 and last 4 digits only. PriceSmart reserves the right to cancel your order were you to fail to reply back to these requests.
About our Free Delivery Program
This program is sponsored and conducted by PriceSmart Inc. And PriceSmart Costa Rica, and will be governed under the following conditions:
1. Program valid for PriceSmart Costa Rica.
2. This promotion consists of PriceSmart Inc. giving members access to free delivery on all orders CRC 82.000 and up, placed online using the Standard delivery service, through www.pricesmart.com, from October 3, 2022 to January 15, 2023 inclusive. All orders placed on January 15, 2023 after 6:00 p.m. local time will be processed the next day with the corresponding regular shipping charges that are assigned when selecting the delivery option.
3. Applies to all products in the online catalog, available at www.pricesmart.com, during the promotional period, with no limit on the number of orders per membership, within the default limits defined for the website, subject to inventory, while supplies last and as per the limitations defined by these promotional terms and conditions.
4. Orders and products that due to their dimensions and weight are considered high volume (9.5ft3 and up) and whose transport require coordination and additional cost do not apply to this promotion. High volume orders and items will be processed separately and delivery will be arranged and made available via an alternative delivery method, at an additional cost, once the member’s approval is received. Were approval rejected, the member will be reimbursed for the cost of the order/item only.
5. Orders placed within the promotional period will be processed according to the governing conditions of the online purchase service defined in the section Regarding the online shopping service platform (Click & Go, Standard and Express Delivery) of the Policies and returns described here. Standard Delivery during the promotional period will cover a maximum radius of 15 km around each club. Coverage area may be subject to changes at PriceSmart's discretion, and its responsibility will only be to sufficiently communicate said circumstance, participants not being able to claim any kind of damage or prejudice
6. The program will be executed subject to the capacity to manage users and traffic, and capacity and limitations of www.pricesmart.com.
7. The program will only apply to active memberships, during the promotional period. Inactive members who wish to participate may renew their membership online or at their preferred club at any time before or during the promotional period to participate.
8. The program applies to all valid payment methods on www.pricesmart.com in this country.
9. The program does not apply to members with inactive or canceled PriceSmart memberships.
10. PriceSmart Inc. and PriceSmart Costa Rica will immediately suspend the program, without assuming any responsibility, at its discretion, if deemed necessary, if fraud is detected, including but not limited to alterations, substitutions or any other irregularity in the development of the program, use of the membership and in the receipt and processing of the determination in the payment registry.
11. If, in a fortuitous event or by force majeure, PriceSmart Inc. is forced to suspend, temporarily or permanently, this program, its responsibility will only be to sufficiently communicate said circumstance, participants not being able to claim any kind of damage or prejudice.
12. Participants accept this benefit in advance under the conditions under which Pricesmart Inc. has defined them, without the right to claim improvements or changes in any way.
13. The participants release PriceSmart Inc. from all responsibility, with the understanding that they decide to participate in the program individually and at their own will and risk, for which they accept and declare that they understand all the previous clauses and that they waive claiming in any way, damage or loss that may be caused by the use, enjoyment or abuse of the benefits of this program.
14. The participants are understood to be informed of any addition or clarification to these Regulations with the sole publication that PriceSmart Inc. makes on its site www.pricesmart.com in this same space.
For more information or to make any questions about this program, please contact our Member Service Department.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 6 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
PRICESMART, PRICESMART MEMBERSHIP SHOPPING, pricesmart.com, MEMBER’S SELECTION, CLUB SELECT (and all other registered trademarks owned by PriceSmart), and their respective designs and/or logos are either trademarks or registered trademarks of PriceSmart and may not be copied, imitated or used, in whole or in part, without the prior written permission of PriceSmart. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of PriceSmart, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PriceSmart. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
5. United States Usage; Legal Compliance.
This Site is operated by a U.S. entity which is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials as defined in Section 7 below.
6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for personal, non-commercial purposes and provided that you maintain all copyright and other policies contained herein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of PriceSmart or any third party. You may not use any meta tags or any other "hidden text" utilizing PriceSmart's name, trademark, or product name without our express written consent.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site.
7. Additional Restrictions and Prohibitions on Use.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices (including this Agreement) on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Passwords and Security.
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify PriceSmart immediately. PriceSmart reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, PriceSmart may rely on the authority of anyone accessing your account or using your password and in no event will PriceSmart be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of PriceSmart under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
12. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
13. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on, or accessible via, the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder.
14. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, shareholders, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability.
(a) We and our Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable there from, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATED PARTIES.
19. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Statement. All remarks, suggestions, ideas, graphics, or other information communicated by you to us in the form of email or submission to PriceSmart (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
20. Consent to Email Communication
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Website.
21. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Third Party Providers”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by a Third Party Provider. Third Party Providers are responsible for all aspects of order processing, fulfillment, billing and customer service of Third Party goods and services. We are not a party to the transactions entered into between you and Third Party Providers. You agree that use of or purchase from such Third Party Providers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Third Party Providers will apply to you while on any Third Party Provider sites. We are not responsible for information provided by you to Third Party Providers. Neither PriceSmart nor a Third Party Provider has authority to make any representations or commitments on behalf of the other.
22. Related Policies and Terms.
Our Privacy Statement, as it may change from time to time, is a part of this Agreement.
Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise or Services and are included as part of the Customer Service section. Please refer and review all additional specific terms and conditions under Customer Service.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
24. Forward-Looking Statements
This Site, and any documents issued by us and available through this Site, may contain forward-looking statements concerning the Company's operations, prospects, strategies, financial condition, plans and objectives, as well as anticipated future revenues and earnings, adequacy of future cash flow and related matters. These forward-looking statements include, but are not limited to, statements containing the words "expect," "believe," "will," "may," "should," "project," "estimate," "scheduled," and like expressions, and the negative thereof. These statements are subject to risks and uncertainties that could cause actual results to differ materially, including the following risks: the Company had substantial net losses in fiscal 2003, 2004 and 2005, and may continue to incur losses in future periods; the Company’s financial performance is dependent on international operations which exposes the Company to various risks; any failure by the Company to manage its widely dispersed operations could adversely affect the Company’s business; although the Company has taken and continues to take steps to improve significantly its internal controls, there may be material weaknesses or significant deficiencies that the Company has not yet identified; the Company faces significant competition; the Company faces difficulties in the shipment of and inherent risks in the importation of merchandise to its warehouse clubs; the Company is exposed to weather and other risks associated with international operations; declines in the economies of the countries in which the Company operates its warehouse clubs would harm its business; a few of the Company’s stockholders have control over the Company's voting stock, which will make it difficult to complete some corporate transactions without their support and may prevent a change in control; the loss of key personnel could harm the Company’s business; the Company is subject to volatility in foreign currency exchange; the Company faces the risk of exposure to product liability claims, a product recall and adverse publicity; a determination that the Company's long-lived or intangible assets have been impaired could adversely affect the Company's future results of operations and financial position; and the Company faces increased costs and compliance risks associated with compliance with Section 404 of the Sarbanes-Oxley Act of 2002; as well as the other risks detailed in the Company's SEC reports, including the Company's most recent Form 10-Q filed pursuant to the Securities Exchange Act of 1934. We assume no obligation and expressly disclaim any duty to update any forward-looking statement to reflect events or circumstances after the date of this presentation or to reflect the occurrence of unanticipated events.
25. Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
27. Applicable Law, Venue and Limitations of Actions.
This Agreement shall be treated as though it were executed and performed according to the jurisdiction in which the membership used is active and shall be governed by and construed in accordance with such local laws (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver, express or implied, by us of any breach of or default under these Site terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.
Notwithstanding any of these terms and conditions, PriceSmart reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site terms. Upon termination, these Site terms shall still apply.
29. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
30. Contact Us.
If you are experience difficulties in using the Site, please contact us:
This Privacy and Data Management Policy ("Policy") describes how the PriceSmart group ("we" or "PriceSmart") collects, uses, shares and protects information when you interact with us (whether you are a member, vendor , contractor, employee, or anyone in a business or legal relationship with PriceSmart), whether you provide your personal information for purchases at our clubs, by registering on our website, or by any other means ("Services"). If you have questions about our privacy practices, please contact us at: dataprivacy@PriceSmart.com or contact the country-specific contact using the information provided at the end of this Policy.
The purpose of this Policy is to protect the privacy of our members and other data owners (defined in section three of this Policy) of personal data, for which we collect and use your information for the sole purpose of offering a better service and better fulfilling our corporate mission, in accordance with the purposes and limitations described in this Policy.
Comply with the applicable legislation on privacy and data protection, in order to inform the relevant aspects in relation to collecting, storing, using, circulating, transmitting and transferring personal data that PriceSmart performs with personal data, by virtue of the authorization that has been granted by the data owner to advance said use or treatment.
PriceSmart describes in this Policy, the corporate guidelines, subject to applicable law, that the company complies with for the use or processing of personal data, and indicates the rights that the data owner possesses, as well as the internal and external procedures that exist for their use. exercise before PriceSmart, among others.
SCOPE: Content and framework
This Policy applies to the physical databases and / or databases stored in electronic or digital means of PriceSmart, located at its headquarters, on the web and in all its clubs, established in the jurisdictions where it currently maintains a commercial presence.
The Policy will be binding for all processes, procedures and tasks where personal data, shareholders, members, employees, suppliers, contractors and advisors of companies or any person are captured,
used, circulated, processed, stored, processed, transmitted and transferred. that, by virtue of a commercial or legal relationship, provides personal data to PriceSmart.
You provide and we obtain your personal information when:
· You provide information to us or interact with us or our affiliates;
· Use or interact with our Services;
· You are hired by PriceSmart under employment or any other relationship;
· You register or renew your PriceSmart membership;
· You purchase products or services at any of our clubs;
· You sign up to shop on PriceSmart.com, PriceSmart App, Click & Go, Business to Business (B2B), or any other PriceSmart platforms, including but not limited to receiving news or notifications from PriceSmart on any of its platforms;
· You sign up through advertising campaigns run on third-party platforms such as Facebook, Instagram, etc.;
· You place an order on PriceSmart.com, PriceSmart.com, PriceSmart App, Click & Go, Business to Business (B2B), or any other PriceSmart platform;
· You initiate or maintain a business relationship with PriceSmart as a vendor, contractor, or supplier;
· You communicate with us for any other reason by email, telephone, fax, in writing, or in person at one of our locations;
· You used any of PriceSmart's websites to access or view information related to our locations, services, products, investor relations page, financial news, or any other interaction with PriceSmart websites, (we may monitor your browser interactions through the use of "cookies").
I. POLICY DEVELOPMENT
1. PriceSmart includes in all its activities, procedures and mechanisms the option to exercise the rights of data owners in the protection of their personal data.
2. Data collection will be limited to the personal data that is pertinent and adequate for the purposes of PriceSmart's corporate purpose. We may collect the following categories of information:
• Contact information and any other information you choose to include when you communicate with us by email, postal mail, telephone or other channels;
• Profile and subscription information, such as username and password, your name, postal address, email address, telephone number, and usage and subscription preferences, which may include registering for some of our Services or communications from us;
• Transactional information, including payment information and payment history, if you transact through the Services;
• Device information when you use our technology platforms, including model, serial number, device location, usage data, and operational information;
• Survey information in response to questions we may send you through the Services, including for feedback and research purposes;
• User Content that you may provide for public posting through the Services (for example, comments, suggestions, etc.);
• Online user activity described in the next section.
• Biographical information when you inquire or apply for a position with us.
Some of this information may be collected by service providers on our behalf. If you provide us with information about another person, you represent that you have that person's consent to provide us with their information and to allow us to use the information in accordance with this policy.
PriceSmart will ensure respect for the principles established by the applicable regulations, and will include in its daily activities the responsible handling of information and personal data, as well as the purposes that arise from its collection.
PriceSmart has implemented relevant procedures and strategies to comply with the rights of the owners.
II. PURPOSES FOR THE PROCESSING OF PERSONAL DATA
PriceSmart recognizes that the Owner of personal data has the right to guarantee the protection and privacy of their data, considering, in any case, their responsibilities, rights and obligations of PriceSmart.
By virtue of the relationship established with PriceSmart, the respective company in each country where PriceSmart operates collects, stores, uses and transfers and transmits your personal data to other companies in the PriceSmart group. Your personal information or data is used by PriceSmart to:
a) The registration of personal information in PriceSmart systems.
b) The payment of contractual obligations.
c) Establish and manage the pre-contractual and contractual commercial, labor, civil and any other relationship that arises by virtue of the fulfillment of a legal or contractual obligation in charge of PriceSmart.
d) The control and prevention of fraud and money laundering, due diligence, including consultation on restrictive lists, and all related information.
e) Manage the contractual relationship of the employee with PriceSmart, including the possible signing of employment contracts as applicable.
f) Make the payment of social and contractual obligations.
g) Execute the contracts that have been signed with PriceSmart.
h) Send the information to government or judicial entities at the express request of the same in the exercise of their functions.
i) Use, in the event that it is necessary, the personal data in order to establish access controls to the logical or physical infrastructure of PriceSmart.
j) Transfer and transmit information to the different entities of the PriceSmart group (including its parent company PriceSmart Inc., located in the United States) and to the clubs, complying with binding corporate regulations regarding the protection of personal data and the other requirements established by the applicable laws.
k) Support tax audit processes, external and internal audit.
l) Send and receive messages for marketing, commercial, advertising and/or attention to requests, complaints, claims and suggestions.
m) Register the information of employees (active and inactive).
n) Register the information of members (active and inactive), including their financial information.
o) Register the information of suppliers (active and inactive) in the PriceSmart databases.
p) Process the orders and/or transactions of the members.
q) Generate and/or renew the membership and any other purpose that results in the development of the contract or the relationship that exists between the Holder and PriceSmart.
r) For the PriceSmart credit card granting and management program.
s) To share personal data with entities that provide marketing services on our behalf or with other entities with which we have joint marketing agreements, parent company, affiliate or subsidiary of PriceSmart.
In order to carry out the purposes described above, your personal data may be disclosed for the purposes set out above to data processors, consultants, contractors and other persons and offices, as appropriate. PriceSmart may subcontract to third parties for the processing of certain functions or information.
When we actually subcontract the processing of your personal information to third party parties or provide your personal information to third party parties who are service providers, we advise such third party parties of the need to protect said personal information with appropriate security measures, we prohibit them from using your personal information for their own purposes and we prevent them from disclosing your personal information to others through confidentiality and personal data protection clauses.