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information on our Channels that contains typographical errors, inaccuracies, omissions or information that is simply out of date, that may relate to product descriptions, pricing, and availability.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 these Channels 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 and 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 and 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 and 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 and 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 for delivery services and specific products may apply. See local conditions here.
Click and 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 possible 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. represented by PriceSmart Dominican Republic, and will be governed under the following conditions:
1. Program valid for the Dominican Republic exclusively.
2. This program consists of PriceSmart Dominican Republic giving members access to free delivery on all Standard Delivery orders RD$4.300 and up, placed online, through www.pricesmart.com, from June 1 to August 31, 2022 inclusive. All orders placed on August 31, 2022 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 items per order or number of orders per membership, within the default limits defined for the website, subject to inventory, while supplies last.
4. Products that due to their dimensions and weight are considered large volume items of up to 60.27ft3 max., and whose transport regularly requires coordination and additional cost, are included in this program. High volume items up to 60.27ft3 will be processed with their original order and delivery will be provided at no additional or service cost.
5. Orders placed within the promotional period will be processed according to the governing conditions of online purchase service for delivery defined in the section 'Regarding the online shopping service platform (Click and Go, Standard and Express Delivery)' of the Policies and returns described here. 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. This program applies to all valid payment methods on www.pricesmart.com in this country.
9. This program does not apply to members with inactive or canceled PriceSmart memberships.
10. PriceSmart Inc. and PriceSmart Dominican Republic will immediately suspend the program, without assuming any responsibility, at its discretion, if it deems it necessary, if fraud is detected such, 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 Customer 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:
PriceSmart Dominicana, SRL
Avenida Charles Sumner No. 54, Los Prados
Santo Domingo, República Dominicana
PriceSmart believes it is important to protect the privacy of our members and other personal data owners. We gather and use your information, including your name, contact information, mailing address, email address, other identifying information, purchasing history, etc. only to serve you better and to fulfill our corporate mission.
By using this website to send personal data, by submitting your application for a PriceSmart membership or its renewal, by shopping in our Warehouse Clubs, and/or by having a commercial or employment relationship with PriceSmart, you are performing an unequivocal act that allows us to conclude that you have accepted the terms and conditions described in this Policy.
Personal Data Collection and Security:
You provide and we obtain your personal information when you:
• Sign up for, or renew, your PriceSmart membership;
• Purchase products or services at any of our Warehouse Clubs;
• Register to shop on pricesmart.com or sign up to receive PriceSmart news or notifications;
• Place an order on pricesmart.com;
• Maintain a commercial relationship with PriceSmart; or
• Contact us for any other reason via email, telephone, fax, in writing or in person at one of our locations.
We undertake commercially reasonable efforts to protect such information from unauthorized access, loss, misuse or alteration, through technical, contractual, physical and administrative measures.
Additional Online Data Collection and Related Security:
When you visit our website, we may automatically collect information that may help us recognize you as a member and help us better serve you, such as, without limitation: your computer's network address and operating system, the site from which you linked to us, your site activity and the time and date of your visit and purchases. In a confidential and responsible manner, we collect, process and maintain certain payment information, in compliance with the data security rules adopted by credit card companies such as Visa, MasterCard and American Express. This means that we do not retain full credit card numbers, debit card PINs or credit card security codes, and that any time we maintain the last four digits of a credit card number, we use access controls and suitable encryption to protect it. If you use our website to provide us with personal data, your transmission will be protected by Secure Socket Layer (SSL) or Transport Layer Security (TLS) cipher encryption technologies.
Use and Disclosure of Personal Data by PriceSmart:
As discussed below, we may share your personal identifiable information with affiliated companies and with others under the limited circumstances described below.
In the case of members, PriceSmart uses the personal information we collect to process your orders or transactions, to follow up on any requests or comments you may have, to provide quality member service, and to understand your shopping needs so we can better serve you. We may also use your personal information to provide you with promotional information, products and services as well as special notifications, as a part of the value of your membership. In the case of employees and suppliers, PriceSmart uses your personal information to process payments, support external/internal audit processes, and additional purposes in an effort to enhance the relationship between you and PriceSmart.
If you provide us with personal information, we will not sell, license, transmit or disclose it outside the PriceSmart group database unless: (i) you expressly authorized us to do so, or (ii) it would facilitate providing products or services to you, or (iii) it is to be disclosed to entities that provide services of marketing on our behalf or to other entities with which we have joint marketing agreements, or (iv) required or permitted by law or court order.
Within the above terms, PriceSmart may disclose your personal information to affiliated companies which are owned or controlled by PriceSmart and also to third parties. Additionally, we may disclose your personal information to our bank affiliate(s) in the PriceSmart Co-branded Card program for the purpose of facilitating credit card offers and applications as well as other promotions related to the Co-branded Credit Card program.
If you apply for, or request certain products, offers or services, the personal information you provide may be shared directly with the third parties providing the requested products, offers or services. Affiliated third parties with whom we may share information are required not to use personal information we share for any purposes other than to provide the services we request. Because we are not responsible for any additional information you provide directly to these parties, you should become familiar with their privacy and security practices and policies before disclosing information to them. We are not responsible for any information you provide to third parties. If you provide additional information to third parties, they may (subject to applicable laws and their privacy policies) share with us the information you provided and information about your use of the services. In addition, if we terminate our relationship with the third party, information you provided to them may be provided to us, and we may provide that information to a new third party offering the same or similar services.
In addition, we may disclose personal information when doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of PriceSmart, our customers, our employees or the public. Information about our customers, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.
Similarly, we may transfer or transmit (as applicable) your personal data to other companies abroad for reasons of security, administrative efficiency and better service, unless you instruct us otherwise. PriceSmart has adopted these measures so that those companies implement, in their jurisdiction and in accordance with the applicable laws, standards of safety and protection of personal data similar to those provided for in this document and PriceSmart policies in general. Additionally, please be advised that if our need for processing your data ceases, it may be removed from our databases.
Third Party Data and Data in the Aggregate:
Under agreements between PriceSmart and third parties, PriceSmart may match user information with third party data. Also, PriceSmart may disclose aggregated member statistics (e.g. percentage of female shoppers, percentage of online users) in order to describe our business or services to prospective partners, advertisers, and other third parties and for other lawful purposes.
Use of “Cookies”:
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to help us identify you when you come to our website. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those PriceSmart services (e.g. pricesmart.com online purchasing) which require registration in order to participate.
As a provider of personal data in relation to PriceSmart, you may:
a. Review, and request us to update, modify or delete your personal data.
b. Be further informed, upon request, regarding the use of personal data;
c. Revoke (prospectively) an express authorization for processing information;
d. Access your personal data that has been processed within the last year.
How to Contact PriceSmart To Limit The Manner In Which Your Data Is Used:
In accordance with the above, you may direct us not to send to you any promotional offers or other communications for marketing purposes, or request that we otherwise limit the use and distribution of your personal information. As a PriceSmart member you may give PriceSmart the foregoing direction by written notice to our membership services desk at any of our Warehouse Clubs, or by contacting us via email (see below) or by updating your personal profile on this website if one exists and checking the desired direction(s). Although the information is collected, you may limit the way it is used.
PriceSmart uses Google Analytics to analyze traffic to this web site. Google Analytics does not create individual profiles for visitors and only collects aggregate data. For more information about Google Analytics, please click here: http://www.google.com/analytics/
How You Can Access Or Correct Your Information:
You have the right to access your personal identifiable information held by PriceSmart. You may correct factual errors in such information by sending a request to us that credibly shows the error. Contact any of our Membership Services representatives at our Warehouse Clubs about how to exercise your rights, or you may otherwise contact us as described below. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections.
Questions or Concerns:
If you have any questions or concerns about this Policy or about any other aspects of this website, or would like to contact us for any reason, you can use the following methods:
1. Visit any of our Member Services desks in our warehouse club locations
2. Contact us at https://www.pricesmart.com/site/do/en/contact-us
3. Write us at:
PriceSmart Dominicana, SRL
Avenida Charles Sumner No. 54, Los Prados
Santo Domingo, República Dominicana
To protect your privacy and security, we will take reasonable steps to verify your identity before providing you access or making corrections to your information. This Policy may be modified at any time or reason, and is deemed effective from the date it is posted on the website. For this reason, we recommend that you check our website periodically so that you are notified of any change.
Date of Issuance: March 15, 2014
Modified: October 3, 2014
Thirty (30) day return policy - Non-defective or undamaged merchandise: No returns on jewelry and watches. On any other product, PriceSmart will issue a full merchandise refund (with your original invoice) within thirty (30) calendar days of the delivery date. In the case of purchases made through pricesmart.com, PriceSmart will issue the refund only to the payment method used for the online purchase, within approximately 5 business days; the member must submit the order number of the return item in order to generate the refund. In all cases, the merchandise must be complete (including any manuals or accessories), unused and in its original unopened packaging with the factory seal intact. Merchandise damaged or altered by the member and perishable items cannot be returned. The member must submit the original PriceSmart purchase invoice or the order number, in the case of purchases from pricesmart.com, at the time of requesting a refund.
Defective & Damaged Merchandise: Items that do not work on first use may be returned to PriceSmart for a full refund within thirty (30*) days after the date the merchandise was received. Items altered or damaged through misuse by the member, accidents, fire, and flooding, natural disasters while in possession of the member, or which fail due to being used in voltage or circuits for which it is not designed, or by voltage fluctuations cannot be returned and are not covered by the warranty. The member must submit the original PriceSmart purchase invoice or the order number, in the case of purchases from pricesmart.com, at the time of requesting a refund.
Warranty & Repair: Items that fail after thirty (30*) days after purchase and that are within the manufacturer's warranty period will be repaired or refunded at the sole discretion of PriceSmart. The member must present the original receipt to PriceSmart when requesting a refund or repair. Items altered or damaged through misuse by the member, accidents, fire, and flooding, natural disasters while in possession of the member, or which fails due to being used in voltage or circuits for which it is not designed, or by voltage fluctuations, cannot be returned and are not covered by the warranty. Some brands that PriceSmart sells have service clubs and workshops within a member country. In this case, the service club/workshop will cover the warranty directly. The member must take the item directly to their service workshops. Please consult the repair procedure when removing the article from the club. Any item that the member wants to return for other reasons should be taken to the nearest club. PriceSmart does not have a service to pick up returns.
It is our pleasure to serve you as a PriceSmart Member! We would like you to be informed of all the privileges that you receive when you join our club. Please carefully read our MEMBERSHIP CONDITIONS. We will gladly answer any inquiry you may have at the Membership Department of any of our PriceSmart Clubs.
I. Membership Condition
a. PriceSmart Diamond and PriceSmart Platinum Memberships are available for persons of legal age, as per local conditions applicable.
b. PriceSmart Business and PriceSmart Business Platinum Memberships are available for companies that are legally incorporated and in existence in the country where the membership is requested.
c. PriceSmart reserves its right to deny Membership applications to any applicant or to revoke Membership to any member. The Membership is subject to each and every one of the present conditions, as well as to the rules adopted by PriceSmart in each one of the countries where PriceSmart operates a shopping club.
d. As long as your membership remains active with PriceSmart, you commit to adhere to U.S Laws and Regulations that apply to PriceSmart as an organization, and that you are not the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using PriceSmart’s services.
e. These terms and conditions may be amended from time to time. Any amendment to these terms and conditions will be promptly informed to the active PriceSmart Members by email, notices in the club, or in the PriceSmart website. PriceSmart may, at any time, modify or temporarily or permanently suspend any of the terms and conditions in the event of an emergency, due to force majeure, and/or as ordered by the competent authorities.
f. The PriceSmart Membership is evidenced by a physical card that will be delivered to the Member upon obtaining the membership, or digitally by means of an app for PriceSmart Members.
II. Membership Cost
a. The cost of the Diamond Membership will be determined per the Local Conditions applicable in the country issuing the Membership.
b. The Primary Member will enter in the Automatic Payment Program at the time of the purchase or renewal of the membership, which requires the registration of a valid credit or debit card that must be valid at the time that each payment is processed.
III. Additional Members
a. The Primary Member may authorize Additional Members, of legal age as per local conditions, based on the type of Membership held by the Primary Member, to make purchases linked to the same Membership.
b. Each Diamond Membership or Diamond Platinum Membership will have the right to one (1) Additional Member. The Primary Member of each Diamond Membership or Diamond Platinum Membership may change the Additional Member up to two (2) times per year.
c. Each Business Membership or Business Platinum Membership will have the right to have one (1) Primary Member who will have the condition of Member on behalf of its company and one (1) Additional Member with no additional cost, and up to three (3) more Additional Members by paying an additional cost for each one, for a total of up to four (4) Additional Members. The Primary Member of each Business Membership or Business Platinum Membership will have the power to authorize the inclusion, exclusion, and change of the Additional Members (whether addition or cancelation), and shall be directly responsible for the Membership, and may change the Additional Members an indefinite number of times during the term of the Membership. A certificate of incumbency together with a signed and notarized letter, issued by the owner or legal representative of the company that purchased a Business Membership or Business Platinum Membership, will be required when requesting a change of the Primary Member of the account.
IV. Membership Term
a. All Memberships will be valid for one (1) year as of the affiliation date or as of the date when each Membership renewal payment is made, whichever occurs last (except for those memberships that are registered under the automatic payment program). If a Member purchases a Membership linked to a club that is under construction, the term of the Membership will be counted as of the opening date of said club. All the additional cards will have the same anniversary date as its respective Membership Account.
b. PriceSmart will notify the Member of the next Membership anniversary date at least thirty (30) days prior to said date. If the Membership renewal payment is not made on or before the anniversary date, the Membership will be suspended and may not be used. The Membership may be reactivated at any moment after its suspension by making the corresponding yearly payment.
c. The Membership card will not be replaced when paying its renewal. The Membership card is valid to enter in any of the PriceSmart clubs where we operate. Nevertheless, for purchases in PriceSmart.com website the Membership will be valid only within the country where the Membership is purchased. Proof of Membership must be presented to enter any PriceSmart club and when paying any purchases, whether at a club or in the website. Said proof shall be: (i) the physical Membership card, or (ii) in digital format. Lost or stolen cards shall be reported immediately to the Membership Department in any PriceSmart club or through the online chat available in each country. The replacement of each card will have an additional cost as informed by the club. All cards belong to PriceSmart and shall be returned at the request of PriceSmart. Membership cards are nontransferable.
V. Automatic Payment
a. The Primary Member will have the option to register a credit or debit card when creating the digital register by which means the Membership renewal payment may be paid automatically. By including the payment method (card) in the digital register, it is understood that the membership is in the Automatic Payment program, and will have a validity of one (1) year to be counted as of the date of joining the automatic payment program. However, the automatic payment may be processed at any time within the fifteen (15) days prior to the anniversary date (“Renewal Period”).
b. If the Membership payment cannot be made within the Renewal Period, or if the Member does not have a valid credit or debit card registered at PriceSmart, the Membership will be suspended.
c. In the event that the Primary Member wishes to suspend the Automatic Payment program, they must unlink or eliminate the payment method (card) associated with their account, otherwise the corresponding charge will continue to be made automatically.
VI. Satisfaction Guaranteed
a. In the event that the Primary Member is not satisfied with the Membership, they may request a refund. We will refund the Membership payment when the Primary Member indicates that they are not satisfied with the services or products provided by PriceSmart. The refund shall be prorated so that the Primary Member will receive an amount equivalent to the remaining number of months under the Membership.
b. Notwithstanding the foregoing, if the Member cancels their Membership within the first sixty (60) calendar days of validity or renewal, PriceSmart will refund to the Member the amount paid for the new Membership or for the renewal of an existing Membership. Each person eligible to be a Member may enjoy this benefit only one time. The refund will be made in accordance with the method of payment used to make the original Membership payment.
a. Payments for merchandise and services may be in cash, PriceCash/SmartCash, or by credit or debit cards authorized by PriceSmart, in accordance with the local conditions. The debit or credit cards used must be under the Member’s name.
b. Payment by check will be allowed only where permitted by each individual club. The Member will be responsible for the amount of the check plus a service charge and other expenses, including legal fees, if applicable, for returned checks due to insufficient funds.
c. Any Member that requires documentation for income tax purposes must inform the cashier before beginning the payment transaction.
VIII. General Policies
a. Each Member may enter any PriceSmart club with up to three (3) additional persons. However, only the Members may purchase merchandise. The Member will be responsible for their companions. Children must be accompanied at all times by an adult who will be responsible for their safety at all times.
b. Please do not open or eat any products before paying for them. The Members are responsible for any article opened or damaged by their companions, children, or themselves.
c. PriceSmart reserves its right to check any bag, purse, or backpack in the possession of anyone when entering and/or exiting a Club.
d. To ensure that you have been properly charged for received merchandise, we will always request to see your purchase receipt for review before exiting our Clubs.
e. Smoking is not allowed at any of our clubs. Likewise, no animals or weapons are allowed within our buildings.
f. PriceSmart shall not be responsible for any direct or indirect damages or losses caused by defects in articles manufactured by other companies.
g. PriceSmart shall not be responsible for damages or losses caused to vehicles within our facilities (due to third parties out of PriceSmart’s control). Use of the parking area is at the customer’s own risk.
IX. ADDITIONAL CONDITIONS APPLICABLE TO THE DIAMOND PLATINUM AND BUSINESS PLATINUM MEMBERSHIP
Any Diamond or Business Memberships may be eligible to apply for an upgrade to become a Diamond Platinum or Business Platinum Membership.
a. Reward Accrual
1. Platinum Members (Diamond or Business) receive a 2% reward on most of their purchases (calculated on the value of purchases before taxes), made by the Members of the account in the country where the Membership was purchased, as of March 1st of each year and until the last day of February of the following year (“Accumulation Period”), EXCEPT for merchandise that is excluded from earning any reward in accordance with this section (a. Reward Accrual) or local conditions section through https://www.pricesmart.com (section Policies and Returns, Section Membership Policies, Section Local Conditions) applicable in the country where the Membership was purchased, whether those purchases are paid at any cashier at a PriceSmart Club or through any websites that are managed by Pricesmart, whether or not those websites are accessed through www.pricesmart.com.
2. Any purchases that are made on tobacco including but not limited to: Cigarettes, Cigar, Matches / Lighters; Alcoholic Beverages including but not limited to: (Beer, Distilled Spirits, Liquor, Wine, Non-alcoholic Liquor / Beer); gift card/ gift certificate, tire alignment and Nitrogen tire filling, day passes, member donations, coffee kiosk, nor products purchased in the Food Service and Offsite Food Service Area inside and outside the club will not be eligible to earn any rewards.
3. Neither do purchases made with PriceCash / SmartCash, nor purchases with the 2% Platinum Membership reward and in some other categories determined at PriceSmart's discretion, which may be modified by PriceSmart at any time. These modifications will be published in the Reward Accrual section or in the local conditions section of the corresponding country as appropriate and, Members will be deemed legally notified when the publication is posted.
4. The maximum amount of rewards will be notified through www.PriceSmart.com in the local conditions section applicable in the country where the Membership was purchased
5. The Reward cannot be used to pay the Membership renewal amount, and rewards are not accrued for purchases made prior to the date when the Diamond or Business Member requests an upgrade to Platinum Member and under other determined categories. PriceSmart reserves its right to modify, at its own discretion and at any moment, the previously related categories and merchandise.
6. Any Reward due will be reflected on the day following the corresponding purchase date that generated said Rewards.
7. The Reward in the amount of 2% will be earned independently of the method of payment used.
b. Redemption Period
1. The Reward earned from March 1st of the previous year to the last day of February of the current year may only be redeemed from March 1st to August 31st of the current year (“Redemption Period”).
2. In no event may the redemption be done in advance and/or outside the respective Redemption Period. If the Reward is not redeemed during the Redemption Period, then the Platinum Member will lose the amount earned as Reward and may not claim it or use it after August 31st, of the current year.
c. Redemption Eligibility
1. The Platinum Membership is personal and nontransferable. Only the Primary Member of the Membership may redeem the Reward.
2. A Platinum Member must have an active Membership and must show their membership when redeeming their Reward.
3. PriceSmart reserves its right to discontinue or modify the Reward Program at any moment or to disqualify or cancel the participation of a Member.
4. Members are not allowed to have more than one Diamond or Business Platinum account. If such is the case, PriceSmart may cancel said account or accounts.
d. Platinum Membership General Terms
1. Membership Request. For a Diamond or Business Member to be able to upgrade to a Platinum Membership, said Member shall visit the membership desk to activate the Platinum account and pay the upgrade.
2. Return of Merchandise Paid with Rewards. In the event of return of merchandise paid with Rewards, the amount of the Reward will be returned in a gift card. In no event will the return be made in cash. When merchandise paid with a Reward is returned, the Reward earned for the purchase of the merchandise by the Platinum Diamond, or Business Member will be deducted from the Reward balance earned to date. PriceSmart does not warrant that the Reward of a Platinum Member will be equal to or higher than the amount paid for the upgrade to the Platinum Membership. PriceSmart will not return any difference between the balance of its Rewards and the fee paid for the upgrade or affiliation to the Platinum Membership.
3. Platinum Membership Cancellation. If a Platinum Member wishes to return to their previous Diamond or Business Member status, they will receive a refund prorated to the upgrade fee paid when said request is made. Any Rewards earned up to the cancellation date cannot be redeemed until the following Redemption Period.
If the Platinum Member wishes to cancel their Membership permanently, they will receive a refund prorated of the fee paid at the time of becoming a PriceSmart member and will lose the total amount of reward accumulated so far.
The App was created by PriceSmart to allow you, a PriceSmart member in good standing (“you,” or “your”) to scan and digitally save your membership information, access the PriceSmart club, shop online, and receive promotional information. The information to be stored in the App shall be the same as the personal information provided by you at the time of applying for membership or any other information as may be provided afterwards by you to PriceSmart at any time during the term of the membership. We may modify the App at any time, including to remove features and functions. If we modify the App you may need to download updates to continue to use it. Your use of the App is also subject to the terms of the store or platform from which you downloaded the App (e.g., the Apple Store, Google Play, etc.).
Changes to Agreement
We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of the App will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the App. If you do not agree to the updated Agreement, you must uninstall and discontinue using the App.
1. USE OF THE APP
Subject to the terms of this Agreement, PriceSmart shall provide you with the right to access and use the App solely in connection with your PriceSmart membership. The content of the App is intended solely for your personal, noncommercial use. You may copy App content for your personal, noncommercial use only. Unauthorized use of App content is prohibited by law, and may result in civil and criminal penalties.
You shall not reverse engineer, disassemble, decompile, otherwise attempt to derive the source code of the App, or separate the contents of any App or permit others to do any of the foregoing, and you may not use the App for time-sharing, rental, outsourcing, or service bureau use. In addition, you may not: (i) use the App to send or store material containing software viruses, worms, Trojan horses or other harmful computer code; (ii) interfere with or disrupt the integrity or performance of the App or the data contained therein; (iii) attempt to gain unauthorized access to the App or related systems or networks; (iv) use the App for any benchmarking or competitive purposes; (v) use the App to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the App, or copy any ideas, features, functions or graphics of the App; (vi) access or use (or attempt to access or use) the App user’s account without permission, or solicit another user’s login information; (vii) “frame” or “mirror” any portion of the App; (viii) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App; or (ix) probe, scan or test the vulnerability of the App, breach the security or authentication measures on the App, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App, such as a denial of service attack. You shall not aid or permit others to do any of the foregoing. You will not, and will not attempt to, interfere with, modify or disable any features, functionality or security controls of the App or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the App.
Subject to the terms and conditions of this Agreement, you grant PriceSmart a nonexclusive, nontransferable, non-sublicensable, worldwide, license to use, copy and display data transmitted, uploaded and/or generated to or through the App by you (“Your Content”) solely to provide the App to you, in furtherance of your relationship with PriceSmart, and for PriceSmart’ internal business purposes.
PriceSmart reserves all rights not expressly granted to you in this Agreement, and no licenses are granted by implication or estoppel. As between the parties, PriceSmart and its licensors, suppliers and customers retain all worldwide right, title and interest in and to the App, including all elements and Content thereof and therein, including all worldwide intellectual property rights therein, and PriceSmart solely and exclusively owns all right, title and interest therein and thereto, and to all derivative works or enhancements thereof, including but not limited to all worldwide intellectual property rights therein, but excluding Provider Content.
If you suggest any new features, functionality, or improvement to the App or otherwise provide feedback regarding the App (“Feedback”), you acknowledge that all Feedback and products or services incorporating such Feedback are the sole and exclusive property of PriceSmart, and you hereby irrevocably assigns to PriceSmart all intellectual property rights and all other rights and title to Feedback. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
2. THIRD PARTY PRODUCTS AND SERVICES
The App may contain features designed to interoperate with third party products and services (e.g., email, text messaging, or customer relationship management applications). To use such features, you may be required to obtain access to such third party products or services from their providers or to grant PriceSmart access to your account(s) on such third party products or services. PriceSmart cannot guarantee the continued availability of such features, and may cease providing them without entitling you to any compensation. Certain components of the App may be provided by third parties and are subject to separate terms and conditions. You must agree to those terms and conditions before accessing or using such third party products, and you must comply with such terms and conditions. PriceSmart may modify, remove or replace such third party products or components from time to time.
PriceSmart uses Google Analytics to analyze traffic to this app and the PriceSmart.com web site. Google Analytics does not create individual profiles for visitors and only collects aggregate data. For more information about Google Analytics, please click here: http://www.google.com/analytics/
This Agreement is effective unless and until terminated by PriceSmart by terminating access to or otherwise removing the App, with or without notice to you. Without limiting the foregoing, in our sole discretion you fail to comply with any term or provision of this Agreement, we may deny you access to the App.
THE APP IS MADE AVAILABLE TO YOU “AS IS” AND WITHOUT WARRANTIES. PRICESMART MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, ALL OF WHICH ARE HEREBY DISCLAIMED. PRICESMART DOES NOT WARRANT THAT THE APP WILL BE ERROR OR DEFECT-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR THAT ERRORS, DEFECTS OR BUGS CAN OR WILL BE CORRECTED.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL PRICESMART AND/OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF OR DAMAGE TO DATA, LOSS OF PROFITS, OR OTHER ECONOMIC LOSS, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF PRICESMART HAS BEEN ADVISED OF SUCH CLAIM. Notwithstanding the foregoing, the aggregate and cumulative liability of PriceSmart to you for all damages arising out of or relating to this Agreement shall in no event exceed one hundred dollars ($100).
6. GENERAL TERMS
All headings in this Agreement are included solely for convenient reference, and shall not affect its interpretation. If any provision of this Agreement is determined by a court to be invalid or unenforceable as drafted, that provision shall be severed and the enforceability of other provisions shall not be affected. The failure by a party to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy. No waiver of any default, condition or breach of this Agreement shall be deemed to imply or constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
7. APPLICABLE LAW
The law applicable to the enforcement, interpretation and construction of this Agreement and the App shall the law of the jurisdiction in which the membership used to operate the App is active. You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the jurisdiction in which the membership used to operate the App is active.
If you have questions, complaints or claims with respect to the App or this Agreement, please contact by email at email@example.com.