terms-and-conditions-of-sales

Terms and Conditions of Sales

Last updated on April 24, 2020

Thanks for shopping at Zmodo Online Store ("Store") provided by Zmodo Technology Corporation Ltd. ("Zmodo"). Your placing an order or making a purchase of Zmodo hardware products ("Products") and/or subscription services ("Subscription Services") at the Store constitutes your agreement to be bound by these Terms and Conditions of Sales ("Terms and Conditions"), and to be bound by the terms of Terms of Services, Zmodo Limited Warranty and other legal policies.

Zmodo reserves the right to change these Terms and Conditions at any time, so please review them each time prior to making a purchase from the Store. Every time you order Products and/or Subscription Services from the Store, Terms and Conditions in force at that time will apply to you and Zmodo. If you have any questions regarding these Terms and Conditions, please contact Zmodo.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP/USE YOUR PRODUCT AND/OR SUBSCRIPTION SERVICES.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FROM ZMODO STORE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND/OR SUBSCRIPTION SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS AND/OR SUBSCRIPTION SERVICES.

You have your legal rights as a consumer, and any disclaimer, exclusion and limitation under these Terms and Conditions shall only apply to the extent permitted by applicable law. You should refer to the laws applicable in your country or jurisdiction for a full picture of your legal rights, and nothing in these Terms and Conditions will affect those other legal rights.

1. Pre-Orders and Orders.

Any statement of Products’ availability does not constitute an offer for sale made by Zmodo. Your placement of an order or a pre-order does not create a contract for sale.

By placing an order for Products, you make an offer to Zmodo to purchase the Products subject to these Terms and Conditions. Once we receive your order and payment, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Zmodo’s acceptance of your order, nor does it constitute confirmation of our offer to sell.

By placing a pre-order for Products that is not yet available for sale, you make an offer to Zmodo to purchase the Products subject to these Terms and Conditions. Zmodo will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.

Zmodo reserves the right at any time after receiving your order to accept or decline your order for any reason. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order. If Zmodo cancels an order after you have already been billed, we will refund the billed amount.

You may cancel your offer to purchase Products at any time prior to shipment and, if you do, we will refund the billed amount. You may contact Zmodo customer service to cancel your order before you receive an email confirming that your order has shipped.

2. Availability and Pricing.

All Products offered on the Store are subject to availability.

With regards to pricing, Zmodo reserves the right to change prices for products and services at any time, and to correct pricing errors that may inadvertently occur. Prices are subject to change without notice at any time, but changes will not affect any order you have already placed except for the inadvertently pricing errors.

3. Payment.

By providing a credit card or other payment method accepted by Zmodo, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. The processing time and procedures your financial institution are out of Zmodo’s control. We will ship your order only when we have received your payment.

4. Subscription Services.

(a) Subscription Services.

At the time of your purchase of our Products and thereafter, you will have the opportunity to subscribe to our Subscription Services (in our app and/or on our website). We offer different subscription plans for our Subscription Services. You can find more information and details here.

Each of the Subscription Services is bound to one device. It is non-transferable between devices. If you sell or give your device(s) to another person, you should cancel the Subscription Services before the transaction. You will not receive a refund, pro-rated or otherwise for the cancellation.

(b) Cloud Plan Billing.

For each of the Premium and Platinum Plans, you may initially subscribe for periods of 1 month, 6 months, or 1 year. Recurring subscription fees are billed or charged every month, 6 months, or 1 year, respectively, from the day of your initial subscription. If you subscribed on the 29th, 30th, or 31st of a month, and such date is later than the last day of a month in which subscription fees are due, your subscription will be renewed and billed on the last day of that month. For example, a 1 month subscription that began on March 31st will be renewed and billed on April 30th, etc. If any payment is not received in a timely manner, or if any credit card or similar transaction is rejected, Zmodo reserves the right to process any payment method you have submitted to retry billing until successful, or to cancel your subscription plan and to collect any rejection or insufficient funds fee due.

(c) Cancellations and Refunds.

You may cancel your recurring subscription through your Zmodo account at any time, with or without cause. You may also cancel by contacting us at support@zmodo.com , but may be required to provide certain forms of authentication and verification of ownership. If you subscribed to the cloud plan through the iOS in-app purchase, your subscription and billing is managed by Apple. You will need to cancel your subscription from your iTunes account or by contacting Apple. Your cancellation date will be in accordance with the time stamp of the original contact. To avoid future billing, you must cancel your subscription before the next renewal date. Cloud subscription plans are not eligible for refunds. As such, after cancellation you will continue to enjoy access to the cloud plan until the last day of your current subscription period. After the subscription period ends, you will no longer be billed the recurring subscription fees, and your cloud recordings will be permanently deleted and will no longer be accessible to you.

(d) Free Trials.

Zmodo may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. Zmodo reserves the right to determine your free trial eligibility in its absolute discretion.

You may cancel the free trial at any time. IF YOU WANT TO CANCEL YOUR FREE TRIAL, PLEASE CONTACT US BY EMAIL AT cloudsupport@zmodo.com. Once cancelled, your free trial is deemed to be ended and would never be restarted. Upon the expiration or cancellation of your free trial, all the stored videos, clips or any other data will be inaccessible and deleted, which can never be restored, unless you choose to subscribe to Subscription Services and pay the applicable fees before the expiration or cancellation of your free trial. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

5. Sales Tax.

All orders shipped from the Store will be subject to sales tax, applicable in accordance with the tax code of the state and city to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on your order confirmation e-mail.

6. Resale Restrictions

Zmodo runs sales promotions on a regular basis. PRODUCTS PURCHASED WITH A PROMOTION OR COUPON CODE, GIFT VOUCHER, AT A DISCOUNT OR OTHERWISE AT LESS THAN FULL PRICE, WHEN RESOLD ONLINE UNDER THE "NEW" CONDITION OR CATEGORY, SHOULD NOT: (A) BE PRICED BELOW THE SAME PRODUCTS DISTRIBUTED BY ZMODO OR ITS AUTHORIZED STORES/RESELLER IN THE SAME CHANNEL, OR (B) OFFERED IN ANY OTHER MANNER WHICH MIGHT CONSTITUTE UNFAIR COMPETITION TO ZMODO OR ITS AUTHORIZED STORES/RESELLERS (THE "RESALE RESTRICTIONS"). IF ANY PERSON VIOLATES THE RESALE RESTRICTIONS PROVIDED HEREUNDER, ZMODO MAY, IN ITS SOLE DISCRETION AND WITH OR WITHOUT NOTICE, (A) REFUSE CURRENT OR FUTURE PROMOTION EVENTS TO SAID VIOLATOR, (B) REVOKE OR CANCEL UNFILLED ORDERS PLACED DURING SALES PROMOTIONS, AND/OR (C) TERMINATE ZMODO'S WARRANTY AND RMA POLICY WITH RESPECT TO THE PRODUCTS RESOLD IN BREACH OF THE RESALE RESTRICTIONS HEREUNDER.

Your participation in Zmodo's sales promotions is purely voluntary. If you don't agree to the Resale Restrictions above, you purchase at your own risk.

The rights, powers and remedies hereunder shall be in addition to, and not in limitation of, all rights, powers and remedies available to Zmodo at law or in equity, or under any other agreement between the parties. Zmodo expressly reserves all of its equitable and legal rights and remedies, including the right to seek injunctive relief and recover monetary damages.

7. Shipping and Title Transfer.

Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. Currently, we only ship items to the United States. We reserve the right to determine best shipping method and carrier available. Shipping and handling charges are not refundable.

The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

Buyers are responsible for additional COD charges, VAT, brokerage fees, duty, or customs fees and taxes.

The title for Products purchased from the Store passes to the purchaser at the time of delivery by Zmodo to the freight carrier, but Zmodo and/or the freight carrier will be responsible for any Products loss or damage that occurs when the Products are in transit to you.

8. Returns and Refund.

We fundamentally believe you will be thrilled with the Products you purchase from the Zmodo. However, if the Products that you purchased directly from Zmodo Store does not function to your satisfaction or does not apply to your installation application, you may return your Products (and any promotional merchandise supplied with the Products) to Zmodo for a full refund within 30 days of the invoice date unless otherwise specified in the Products' listing on our website, on the receipt or packing slip, or in the purchase agreement terms.

To initiate a return, you must inform us of your decision within the 30 days by contacting Zmodo customer service and clearly telling us your desire to return the Products. Although it will not affect your right to a refund, please include details on where and when you purchased the Products and your reason for returning the Products. Zmodo customer service will provide you with a Return Materials.

Authorization ("RMA") number. The RMA number and the original invoice must be included with your return shipment to Zmodo, so Zmodo can identify your shipment and with a return address. If you purchased the Products from somewhere other than the Store, please contact that reseller to obtain a refund.

For your own benefit, we recommend that you use a traceable carrier that can provide you with the delivery confirmation to ship your Products to the location instructed in the RMA. Zmodo shall not be responsible for any loss or damage to the Products caused in transit.

The returned Products will be thoroughly inspected by Zmodo when received. We may reduce the amount of your refund to reflect any reduction in the value of the Products, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop). The inspection may take up to 5 business days.

We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Zmodo of the returned Products. The Products are not eligible for a refund after the 30-day period.

9. Geographic Limitation.

The Products and/or Subscription Services available on the Store have been designed, marketed and sold for use by residents of the United States, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products and/or Subscription Services available on the Store are not intended for use outside of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Products and/or Subscription Services are destined. We are not liable or responsible if you break any such law.

10. Disputes Resolution and Arbitration Agreement.

(a) Contact Us First.

If a dispute arises between you and Zmodo, our goal is to learn about and address your concerns. You agree that you will notify Zmodo about any dispute you have with Zmodo regarding these Terms and Conditions.

For any questions or claims, please contact Zmodo.

(b) Protection of Confidentiality and Intellectual Property Rights.

Zmodo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(c) Binding Arbitration Agreement.

Subject to clause 9(b), you and Zmodo agree that, except for small claims court, any dispute, claim or controversy arising out of or relating in any way to Zmodo, including, without limitation, our products, our services, our website, your account(s), promotional offers, user interfaces, our Privacy Policy or our privacy practices generally, these Terms and Conditions, and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction.

Further, you agree that the arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products and/or Subscription Services.

(d) Arbitration Procedures.

You must first present any claim or dispute to Zmodo, by certified mail, a written Notice of your claim ("Notice"). The Notice to Zmodo should be addressed to: Zmodo Legal Department, 1401 Interstate Dr., Suites B, Champaign, IL, 61822, USA. ("Notice Address").

If Zmodo elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Zmodo, must (a) provide name, mailing address and email address of the party; (b) describe the nature and basis of the claim or dispute; and (c) state the requesting relief. Following receipt of the Notice, we each agree to negotiate with each other in good faith about the claim provided in the Notice. If we do not resolve the claim within sixty (60) days after receipt of the Notice, you or we may commence arbitration.

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Alameda County, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you nor Zmodo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

(e) No Class Actions.

There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

(f) Fees and Expenses.

All administrative fees and expenses of arbitration will be divided equally between you and Zmodo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.

11. Warranties and Disclaimers.

AS FAR AS PERMITTED BY APPLICABLE LAW, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZMODO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZMODO DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES. ALL PRODUCTS AND/OR SUBSCRIPTION SERVICES PURCHASED THROUGH THE STORE ARE PROVIDED ON AN "AS IS" BASIS UNLESS OTHERWISE NOTED IN THE WARRANTY TERM INCLUDED WITH PRODUCTS. WITH RESPECT TO ZMODO PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THESE TERMS AND CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS.

YOUR USE OF PRODUCTS AND/OR SUBSCRIPTION SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF PRODUCTS AND/OR SUBSCRIPTION, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCTS, PETS, OTHER PERIPHERALS CONNECTED TO THE PRODUCTS AND LIABILITIES RELATED TO ILLEGAL SURVEILLANCE ACTIVITIES.

ZMODO DOES NOT GIVE ANY WARRANTY REGARDING THE LIFE OF THE BATTERIES USED IN A PRODUCT. THE BATTERY LIFE MAY VARY DEPENDING ON NUMEROUS FACTORS, INCLUDING THE ENVIRONMENT AND THE USAGE OF A PRODUCT.

12. Limitation of Liability.

Nothing in these Terms and Conditions and in particular within this "Limitation of Liability" clause shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) ZMODO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS AND/OR SERVICES, EVEN IF ZMODO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) ZMODO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND/OR SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO ZMODO OR ZMODO’S AUTHORIZED RESELLER FOR THE PRODUCTS AND/OR SERVICES AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ZMODO DISCLAIMS ALL LIABILITY OF ANY KIND OF ZMODO’S LICENSORS AND SUPPLIERS.

13. Privacy Protection.

By placing an order for Products and/or Subscription Services, you agree and understand that Zmodo may store, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order, which data may be shared globally within the Zmodo group of companies.

All Zmodo companies will protect your information in accordance with the Privacy Policy. Other companies, such as freight carriers, Paypal, and credit card processing companies may need your information to help us provide products and services to you. Zmodo may have to share certain information with these companies for this purpose.

14. Communications.

You are communicating with Zmodo electronically when you use the Store or send an email to Zmodo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about products and services unless you opt-out of such emails using the opt-out link in the emails.

15. Force Majeure.

Zmodo shall not be liable for any failure of or delay in the performance of any contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or any other force majeure event.

16. Severability.

If any part of one or more of these Terms and Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extent be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.

17. Waiver.

Failure or delay by us to enforce any these Terms and Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

18. Governing Law.

All matters relating Zmodo website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, includaing non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You agree to submit to the personal jurisdiction of the state and federal courts in or for Alameda County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

19. Changes to the Terms and Conditions.

We may change these Terms and Conditions at any time by publishing a new version on our Website. You are expected to check this page from time to time prior to making a purchase from the Stores, as they are binding on you. Your order of Products and/or Subscription Services from the Store means that you accept and agree to the Terms and Conditions in force at that time.

20. Continuous Subscriptions.

When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) Zmodo is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with Zmodo’s Terms of Service.