TERMS AND CONDITIONS FOR THE SALE OF CERTIFICATION FLAGS TO CERTIFIED CLIENTS
Your Rights and Obligations
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR CERTIFICATION FLAG FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN CERTIFICATION FLAGS FROM THIS WEBSITE IF YOU
DO NOT AGREE TO THESE TERMS,
ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH AMTIVO (USA), INC. OR
ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, CERTIFICATION FLAG BY APPLICABLE LAW.
(These terms and conditions (these “Terms“) apply to the purchase and sale of certification flags through www.amtivo.com (the “Site“). These Terms are subject to change by Amtivo (USA), Inc. (referred to as “Amtivo” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Sale and Use of Certification Flags
Amtivo offers certification flags (“Certification Flags”) for sale through this website to clients that have been certified by Amtivo as having a management system that complies with the requirements of a relevant standard (“Certified Clients”).
Flags offered via this website are for the sole use of Amtivo-Certified Clients. Certified Clients are not authorised, and are expressly prohibited from, transferring the right to use or allowing use of the certification flags to or by another entity regardless of the relationship to or with any such entity, including but not limited to an affiliated company (such as a parent or subsidiary company), outsourced company, or subcontractor.
Our Certification Flags shall only be used by Certified Clients on sites which have been certified as compliant by us.
It is mandatory for our Certified Clients to discontinue the use of our Certification Flags as soon as possible upon the lapse, suspension or withdrawal of your certification by us.
We may act as we deem fit, including withdraw your certification with us should we become aware of any inappropriate use of the Certification Flag, which could damage the reputation of or cause financial loss to Amtivo.
You agree that your order is an offer to buy, under these Terms, any Certification Flag(s) listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Certification Flag to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email and details of the items you have ordered. Receipt of payment for the purchase of a Certification Flag by Amtivo does not in itself constitute acceptance by us of the order.
Prices and Payment Terms
All prices, discounts, and promotions posted or made available on this Site are subject to change without notice. The price charged for a Certification Flags will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major payment services for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Discount Codes
We provide eligible Certified Clients with discount codes that may be used to obtain one free flag per certification achieved. The following conditions apply to the use of discount codes:
One Free Flag Per Standard Certified: Certified Clients are limited to ONE free flag per standard certified when applying a discount code.
Single Use Per Standard Certified: Discount codes are restricted to one use per standard certified. Multiple uses of the discount code to obtain additional free Certification Flags for the same product are not permitted.
Full Cost of Additional Flags: If a client uses a discount code to obtain more than one free flag per certified standard, Amtivo reserves the right to invoice the Client for the full cost of any additional Certification Flags obtained through the misuse of the discount code.
Invoicing for Unauthorized Use of Discount Codes: If a discount code is used improperly to receive more than one free flag per product, Amtivo reserves the right to invoice the client for the cost of the additional Certification Flags and the client shall be liable for the payment of the full amount as stated in the invoice.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the Certification Flag to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the Certification Flag to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
We will accept a return of the Certification Flags for a refund of your purchase price, less the original shipping costs, provided such return is made within 14 days of receipt with valid proof of purchase and provided such Certification Flags are returned in their original and saleable condition and in their original packaging.
To return a Certification Flag, you must call +1 (303) 456-6010 or e-mail our Returns Department at [email protected] to obtain a Return Reference Code number before shipping your product. No returns of any type will be accepted without an RMA (Return Merchandise Authorization) number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage
Refunds are processed within approximately 28 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Limited Warranty
We warrant to you that for a period of 1 year from the date of shipment (“Warranty Period“), the Certification Flag purchased through the Site will conform to our published specifications in effect as of the date of shipment and be free from defects in material and workmanship.
We warrant to you that we shall perform the services purchased through the Site using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet our obligations under these Terms.
EXCEPT FOR THE PRODUCT WARRANTIES SET FORTH IN SECTION 8(a) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE CERTIFICATION FLAG PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
EXCEPT FOR THE SERVICE WARRANTIES SET FORTH IN AND SECTION 8(b), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES PURCHASED THROUGH THE SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
We shall not be liable for a breach of the warranties set forth in Section 8(a) and Section 8(b) unless:
you give written notice of the defective Certification Flag, as the case may be, reasonably described, to us within 7 days of the time when you discover or ought to have discovered the defect;
if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 8(a) to examine such Certification Flag and you (if we so request) return such Certification Flag to our place of business at your cost for the examination to take place there; and
we reasonably verify your claim that the Certification Flag are defective.
We shall not be liable for a breach of the warranty set forth in Section 8(a) if: (i) you make any further use of such Certification Flag after you give such notice; or (ii) you alter or repair such Certification Flag without our prior written consent.
Subject to Section 8(e) and Section 8(f) above, with respect to any such Certification Flag during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such Certification Flag (or the defective part) or (ii) credit or refund the amounts paid by you for such Certification Flag provided that, if we so request, you shall, at your expense, return such Certification Flag to us.
Subject to Section 8(g) above, with respect to any services subject to a claim under the warranty set forth in Section 8(b), we shall, in our sole discretion, (i) repair or (ii) credit or refund the amounts paid by you for such services.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION FLAG(S) SOLD THROUGH THE SITE.
The limitation of liability set forth in Section 9(b) shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
Goods Not for Resale or Export
You represent and warrant that you are buying Certification Flag (s) from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Intellectual Property Use and Ownership
You acknowledge and agree that Amtivo is and will remain the sole and exclusive owner of all intellectual property rights in each product or Certification Flag made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Certification Flag made available through this Site, or of any intellectual property rights relating to those Certification Flag.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of Certification Flag through the Site.
Force Majeure
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party“) control, including, without limitation, the following force majeure events (“Force Majeure Event(s)“): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) other events beyond the reasonable control of the Impacted Party.
The Impacted Party shall give notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 13, either party may thereafter terminate this Agreement upon 30 days’ written notice.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
Waiver of Jury Trials and Binding Arbitration
YOU AND AMTIVO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF CERTIFICATION FLAG THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules“). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Amtivo.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Notices
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to Amtivo (USA), Inc. 7502 W. 80th Avenue, STE. 225 Arvada, Colorado 80003-2128. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
