Last update: June 13, 2023.
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.
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.
Similarly, PriceSmart may transfer or transmit (as appropriate) your personal data to other companies for reasons of security, administrative efficiency and better service, in accordance with the authorizations that have been granted by the data owners. PriceSmart has adopted the appropriate measures so that these companies implement in their jurisdiction and in accordance with the laws applicable to them, standards of security and protection of personal data even similar to those provided in this document, and in general, in the PriceSmart's policies on the matter.
How we may share your information with:
• Service providers. We may share your information with service providers who we believe need the information to perform a technology, business, or other professional function for us, such as billing and collections, IT services, maintenance and hosting of our Services, payment processors, marketing, accounting, auditing and tax services, and other professional services.
• Analysis. We partner with analytics providers, who collect information through tracking technologies on our websites to help us measure visits and traffic to our websites so that we can measure and improve the performance of the sites.
technologies on our PriceSmart to collect or receive information from the Services and elsewhere on the Internet and use that information to provide measurement services and targeted advertisements. Third party parties may allow other companies to access your information so that they can market other products that may be of interest to you.
• Corporate event. We reserve the right to transfer to another entity or its affiliates or service providers some or all of your information in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing operation. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information in the same manner as described in this Policy.
• Legal. We may share information as necessary to comply with applicable law, to respond to requests from law enforcement or other judicial or government authorities, or third-party supporters, as permitted by law, and without your consent as necessary to protect our customers, employees or property; in emergency situations; or to enforce our rights under our terms of service and policies.
How we protect your information
We use a combination of physical, technical, and administrative security measures to protect the information we collect through the Services. Although we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices and databases that we operate or that operate on our behalf.
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries.
III. RIGHTS OF THE OWNERS
You, as an Owner, have the right to:
• Know, update and rectify your personal data.
• Be informed, upon request, of the treatment, regarding the use that has been given to the personal data.
• Submit to the competent authorities, complaints for violations of the provisions of applicable to data protection laws.
• Revoke the authorization and/or request the deletion of the data.
• Free access to your personal data that has been processed.
IV. ADDITIONAL INFORMATION COLLECTED ONLINE AND RELATED SECURITY
When you visit our website, we may collect information that helps us recognize you as a member
and provide you with better service, such as, without limitation: your network address, your computer's operating system, the browser you use, the site website from which you linked to our page, your activity on our website, the time and date you visited and purchased.
We collect, process and keep certain payment information in a confidential and responsible manner, in compliance with the information security guidelines adopted by credit card companies such as Visa, MasterCard and American Express.
We do not retain full credit card numbers, debit card pins, or credit card security codes, and whenever we retain the last digits of a credit card, we use appropriate access controls and encryption to help protect information. If you use our website to provide us with financial information, it will be protected by Secure Sockets Layer (SSL) and Transport Layer Security (TLS) encryption technologies.
Use of “cookies”:
"Cookies" are alphanumeric identifiers that we transfer with your authorization to the computer's hard drive through the Web browser, in order to identify when you enter our Web site. You have several choices regarding cookies. By modifying your Web browser preferences, you have the option of accepting all cookies, being notified when one is set, or rejecting all cookies. If you choose to reject all cookies, your browser will warn you that you will not be able to use some PriceSmart services, such as making purchases online through the Website.
PriceSmart uses Google Analytics to analyze website traffic. Google Analytics does not create individual profiles of visitors and only collects aggregate information. For more information about Google Analytics, please click: https://www.google.com/analytics/.
V. PERIOD OF VALIDITY OF THE DATABASES AND THE PRIVACY OR DATA PROCESSING POLICY AND PRICESMART
Your personal data will be processed in accordance with the authorization granted and while the purposes for the treatment remain in force. If our need to use or process your data ceases, it may be removed from our databases unless such data is necessary to comply with an existing legal or contractual obligation.
This Policy and its subsequent updates will become effective upon approval and its corresponding publication on the PriceSmart website and in the other means of communication implemented by it.
Periodic reviews of the correct application of this Policy may be made jointly with General Management, Human Management, IT Manager, Risk & Compliance, Internal Audit, Data Operators, Information Security Officer or whoever acts on their behalf and other dependencies that the Management of PriceSmart has designated.
The approved version of this Policy will be posted on PriceSmart's website. It is the duty of all PriceSmart employees and collaborators to be aware of this policy and take the pertinent actions for its compliance, implementation and maintenance.
The human resources team must ensure that this Policy is disclosed with each incorporation of new employees. The legal area will make the corresponding contractual and legal adjustments so that, in the contracts, agreements and other instruments used for the development of PriceSmart's corporate purpose, confidentiality agreements are signed and include clauses for the protection of personal data that could be subject to treatment in each particular case.
Jurisdiction Specific Notices
Certain jurisdictions may grant additional rights to individuals with respect to the collection and use of the personal information we have collected. For example, you may have the right to request that: (i) we disclose to you any personal information we hold about you; (ii) correct or delete the personal information we have about you (subject to certain exceptions); or (iii) not disclose or sell your information to a third party (excluding qualified service providers). For specific conditions of our Privacy and Data Management Policy in Colombia, please go to local conditions.
VI. PETITIONS, INQUIRIES OR CLAIMS
To exercise your rights, file any request, query or claim, or to direct any concern, you may contact PriceSmart by email email@example.com.
These Terms are applicable to your access to and use of the PriceSmart Information Systems. Please read these Terms carefully. Your access to and use of the PriceSmart Information Systems and the information, materials, products, tools, and services available through the PriceSmart Information Systems are subject to these Terms, regardless of whether you possess or do not possess an account through the PriceSmart Information Systems linked to your name and/or contact information (“Account”). By accessing or using the PriceSmart Information Systems, you acknowledge that you understand and agree to be bound by these Terms. If you do not understand or agree to be bound by these Terms, do not access or use the PriceSmart Information Systems.
“Users” includes any vendors, temporary workers, contractors, consultants, and/or other third parties to the extent working on PriceSmart business and/or otherwise using or accessing PriceSmart Information Systems.
“PriceSmart Information Systems” include, but are not limited to, PriceSmart owned or managed electronic devices and applications such as software, applications, data management tools, corporate-issued computers, tablets, cellular/mobile telephones, and other devices; corporate email accounts; corporate cloud/digital or physical document storage; corporate instant messaging and collaboration applications; corporate document management and file transfer systems; web browsers and internet access; networks; social media; and any other corporate application or technology provided to you by PriceSmart.
“PriceSmart Data” includes any information in electronic format stored or located on, or generated through, PriceSmart Information Systems.
3. USE OF INFORMATION SYSTEMS
- PriceSmart Information Systems are provided for PriceSmart business use and remain at all times the property of PriceSmart. Use of PriceSmart Information Systems for personal communications, application access, data creation, or storage is prohibited.
- You may not permit any third party to use or access the PriceSmart Information Systems.
- As a condition of the use of PriceSmart’s Information Systems, PriceSmart reserves the right to access, monitor, review, and take possession of any communication or data any Users may create, make, transmit, or store on any Information System as deemed necessary or appropriate by PriceSmart in accordance with applicable law. All uses of PriceSmart’s Information Systems are subject to access by the Company and will be monitored as deemed necessary or appropriate. Users should have no expectation of privacy in their use of PriceSmart Information Systems, except as provided by applicable law.
- Users may access, use, or share data via PriceSmart Information Systems only to the extent they are authorized to do so to perform services to or on behalf of PriceSmart, or fulfill obligations pursuant to a contract with PriceSmart, and provided such use is not in violation of any PriceSmart policies or applicable law.
- PriceSmart may provide Users with access to certain licensed Information Systems including devices, applications, software, literature, and other information. Accordingly, Users are required to follow and adhere to the requirements of these contractual license agreements. Any personal licensing and/or use of unauthorized systems or applications for business purposes is prohibited.
- PriceSmart Information Systems must not be used for any activity or action that violates applicable law or for purposes that are otherwise prohibited by these Terms.
- Use of PriceSmart Information Systems may be subject to additional third-party terms and conditions, and in such case(s), you agree to comply with such additional third-party terms and conditions.
4. DATA OWNERSHIP AND SECURITY GUIDELINES
- All data and information stored on PriceSmart Information Systems, including any proprietary and confidential data, remains the sole property of PriceSmart for the purposes of these Terms.
- Users are responsible for protecting their password, login credentials, unique login link, or any other methods to gain access to the PriceSmart Information Systems, and the security of any accounts, data, and systems under their control that are part of PriceSmart’s Information Systems.
5. DATA LOSS OR BREACH
Users must promptly report known or suspected security events, breaches, or incidents, including policy violations and/or security weaknesses. Security incidents include, but are not limited to:
- Accessing data of which the Users is not an intended recipient.
- Logging into a server or account that the Users is not expressly authorized to access in the scope of their professional duties.
- Causing any disruption to PriceSmart’s Information Systems.
- Executing any form of network monitoring that is capable of intercepting data not intended for the Users unless done so in the scope of their professional duties.
- Circumventing User authentication or security requirements of any PriceSmart Information System.
- Interfering with or denying service to any other Users or user of a PriceSmart Information System.
- Providing information about Users, projects, partners, or customers without authorization.
6. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
Copyright, trademark, patent, and other applicable laws protect the PriceSmart Information Systems, and services and materials appearing on the PriceSmart Information Systems. No use of the PriceSmart Data or materials on the PriceSmart Information Systems may be made without express written permission of PriceSmart or provided for hereunder. Any unauthorized use of the words or images on the PriceSmart Information Systems may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The PriceSmart Information Systems include material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the PriceSmart Information Systems. The copyrights are owned by PriceSmart, or for licensed content, the content providers.
The PriceSmart Information Systems are owned by or licensed to PriceSmart, Inc. Nothing contained on the PriceSmart Information Systems should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the PriceSmart Information Systems without the written permission of the owners and operators of PriceSmart or the third party owner of the trademark, if any. The PriceSmart Information Systems may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
7. RIGHT TO CHANGE TERMS
PriceSmart may, at any time and from time to time, change these Terms, in whole or in part, and for any reason. You agree to review these Terms periodically. Any changes to these Terms a will be effective immediately upon the posting of the modified Terms to the PriceSmart Information Systems, and, if you possess an Account, by either providing notice of the changes to you when you log in to the PriceSmart Information Systems or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Terms either (i) by continuing to use or access the PriceSmart Information Systems after modified Terms are posted to the PriceSmart Information Systems, or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) calendar days after receiving a notice of the changes as described above.
8. YOUR PROVISION OF INFORMATION TO US
When you provide information the PriceSmart Information Systems, including when you create an Account, or fill an online form, you agree to: (a) provide accurate, current, and complete information; and (b) maintain and promptly update such information to keep it accurate, current, and complete. You agree that PriceSmart is not responsible for any outdated, untrue, inaccurate, or incomplete information. PriceSmart shall not be responsible for any incompletely or incorrectly transmitted information provided to or from the PriceSmart Information Systems.
9. USER-PROVIDED CONTENT
You understand that all information, data, or other materials that you and other users of the PriceSmart Information Systems upload, post, transmit, publish, display, or otherwise make available through the PriceSmart Information Systems (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the PriceSmart Information Systems. By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, create derivative works from, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) without compensation to you, for our legitimate business purposes pursuant to your relationship with us. We may modify or adapt User-Provided Content, including in order to transmit, display, or distribute it over networks and to conform to the requirements of networks, services, or other media.
10. CONFIDENTIALITY OF PRICESMART DATA AND THIRD PARTY INFORMATION
You understand that, during use of the PriceSmart Information Systems, you may be exposed to confidential PriceSmart Data, confidential third party personal information, or other confidential information (“Confidential Information”). You agree: (i) to take reasonable precautions to protect such Confidential Information, (ii) not to use (except in use of the PriceSmart Information Systems or as otherwise permitted herein) or divulge to any third person any such Confidential Information except as authorized hereunder or required by law, and (iii) to notify us promptly and in writing of the circumstances surrounding any suspected possession, use or knowledge of any such Confidential Information or any part thereof at any location or by any person or entity other than those authorized hereunder.
11. REGISTRATION AND PASSWORDS
The PriceSmart Information Systems may permit or require you to register or obtain a password prior to permitting you to access certain portions of the PriceSmart Information Systems, or in some cases, the PriceSmart Information Systems may be accessible through a unique website link. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password and/or unique website link (and any other credentials including multifactor authentication techniques, devices, and accounts, that may be used or required), and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, unique website link, or Account, or any other breach of security involving access to the PriceSmart Information Systems through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, unique website link, or Account as a result of your failing to keep your Account information secure and confidential.
12. OPERATION OF THE PRICESMART INFORMATION SYSTEMS
PriceSmart reserves the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the PriceSmart Information Systems, or any portion of the PriceSmart Information Systems, including but not limited to for your violation of these Terms; (ii) modify or change the PriceSmart Information Systems, or any portion of the PriceSmart Information Systems; and (iii) interrupt the regular operation of the PriceSmart Information Systems, or any portion of the PriceSmart Information Systems, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the PriceSmart Information Systems.
13. PRIVACY AND DATA PROTECTION
You expressly authorizes PriceSmart and/or other related or affiliated entities, and /or third parties hired or related to them, located inside and/or outside national territory, within the parameters set forth by the laws that may be applicable, to collect, store, maintain, use and transfer your personal data, even if such is sensitive, solely and exclusively to fulfill the objective of this contract. Similarly, you accept the policy on treatment of personal data of the company, which is available on the website www.pricesmart.com, and acknowledges its rights to know, update and correct the data and information provided to PriceSmart, and the knowledge of the mechanisms to make them effective.
14. MODIFICATION AND TERMINATION
Additionally, PriceSmart may cancel your Account and delete all data associated with your Account at any time, and without notice, including if we deem that you have violated these Terms. Accordingly, you are solely responsible for maintaining your own copies of any data or information that you maintain within the PriceSmart Information Systems or of any communications received through the PriceSmart Information Systems. PriceSmart assumes no liability for any information removed from the PriceSmart Information Systems. PriceSmart also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the PriceSmart Information Systems, you must cease all use of the PriceSmart Information Systems.
In addition, if you are an employee or contractor of a business partner of PriceSmart, or your account is otherwise associated with a business partner of PriceSmart, PriceSmart shall have the ability to limit or revoke your account access in accordance with the terms and conditions of any contractual relationships between such business partner and PriceSmart .
15. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THE PRICESMART INFORMATION SYSTEMS AND ALL PRICESMART DATA, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PriceSmart AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE PRICESMART INFORMATION SYSTEMS AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PRICESMART INFORMATION SYSTEMS IS AT YOUR OWN RISK. ACCESS TO THE PRICESMART INFORMATION SYSTEMS MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS MAY NOT BE ERROR-FREE. NONE OF PRICESMART , ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRICESMART INFORMATION SYSTEMS OR THE PRICESMART DATA, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS WARRANTS THAT THE PRICESMART DATA, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE PRICESMART INFORMATION SYSTEMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE PRICESMART INFORMATION SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PRICESMART INFORMATION SYSTEMS SHALL BE FREE FROM CYBER ATTACKS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
16. DISCLAIMER OF CONSEQUENTIAL DAMAGES
UNDER NO CIRCUMSTANCES SHALL PRICESMART, ITS SUPPLIERS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRICESMART INFORMATION SYSTEMS OR THE PRICESMART DATA, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRICESMART INFORMATION SYSTEMS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF DATA OR LOSS OF PROFITS OR BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRICESMART INFORMATION SYSTEMS (INCLUDING THE USE OR INABILITY TO USE THE PRICESMART INFORMATION SYSTEMS) OR OTHERWISE RELATING TO THESE TERMS AND CONDITIONS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF PRICESMART TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED US DOLLARS ($500). IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE PRICESMART INFORMATION SYSTEMS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
You agree to indemnify, defend, and hold harmless PriceSmart and its suppliers and licensors, and their respective affiliates, subsidiaries, employees, officers, directors, agents, contractors, insurers, and representatives from any liability, loss, claim, suit, damage, judgment, cost, and expense (including reasonable attorneys´ fees and expenses) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the PriceSmart Information Systems, your violation of these Terms, your use or misuse of the PriceSmart Information Systems, or your violation of any third-party rights.
If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
These Terms are effective unless and until modified as noted above, or terminated, at any time, by PriceSmart.
20. CONTACT INFORMATION
Specific questions and comments should be directed to firstname.lastname@example.org.