Terms of Service

Last Updated: February 9, 2023

Zungleboo operates websites and social media pages that link here (collectively, “Sites”). By using our Sites or making a purchase on the Sites, you agree to be bound by the following terms and conditions (“Terms”), including any additional terms and conditions or policies incorporated by reference. These Terms apply to all users of the Sites, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms carefully before using our Sites. By using the Sites, you agree to be bound by these Terms. If you do not want to agree to these Terms, you must not use the Sites. By using the Sites, you represent that you are at least the age of majority in your state or province of residence, or that your parent or legal guardian has agreed to these Terms on your behalf.

Any new features or tools that are added to the Sites will also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of the Sites following the posting of any changes constitutes acceptance of those changes.

 

1. General Conditions

1.1 Right to Withdraw, Amend, and Refuse. We reserve the right to withdraw or amend the Sites and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time for any period. We will not be liable to you or any third-party for any modification, suspension, or discontinuance of the service. We reserve the right to refuse service to anyone for any reason at any time.

1.2 Access the Sites. You are responsible for making all arrangements necessary for you to access the Sites and for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and comply with them.

1.3 Creating an Account. You may be asked to provide certain registration details or other information to create an account on our Sites, make a purchase, or use our service. You agree that all information you provide with the Sites or otherwise is correct, current, and complete. Your submission of any information, including your personal information, is governed by our Privacy Policy, and you consent to all actions we take with respect to any information you provide consistent with our Privacy Policy. The Privacy Policy is incorporated into these Terms as if fully set forth herein.

1.4 Usernames and Passwords. You must treat your username, password, or any other information you provide as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites using your username, password, or other security information.

1.5 Security. (a) You understand that your content (except for credit card information) may be transferred unencrypted, transmitted over various networks, and adapted to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

(b) You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

1.6 Right to Disable an Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our sole discretion we believe that you have violated any provision of these Terms.

 

2. Intellectual Property Rights

2.1 Ownership of Intellectual Property. The website, text, image, button icon, audio clip, video clip, data compilation, post, page layout, page design, trade dress, trademark, logo, and other content on the Sites (collectively “Site Content”) are owned by us or used by us under authorization and are protected by U.S. and foreign laws.

2.2 License. We grant you the limited right to access and use Site Content for your personal, non-commercial use only. No right, title, or interest in or to any Site Content is transferred to you, and all rights not expressly granted are reserved by us.

2.3 Prohibition. You will not: (a) reproduce, duplicate, copy, sell, or otherwise exploit Site Content in any commercial manner without our prior written permission; (b) use a robot, spider, or data mining or extraction tool or process to monitor, extract or copy Site Content; (c) use any meta tags, search terms, key terms, or the like that contain the Site’s name or any of our trademarks for any improper purpose; (d) engage in any activity that interferes with Site Content; (e) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Sites and the goods or services offered on the Sites; or (f) assist or encourage any third-party in engaging in any activity prohibited by these Terms. If you wish to use any Site Content other than that set out in the Terms, please address your request to vip@zunglestore.com.

2.4 Consequence. If you breach any of the Terms, your right to use Site Content will stop immediately, and you must, at our option, return or destroy any copies of Site Content you have made.

 

3. Infringement Notice

3.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been infringed by anything on the Sites, please notify us by sending an e-mail to vip@zunglestore.com.

3.2 In order for us to more effectively assist you, the notification must include all of the following: (a) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (b) a description of the copyrighted work or other right you claim has been infringed, along with any evidence of such rights (e.g., copyright registration certificate, etc.); (c) information reasonably sufficient to locate the material in question on the Sites; (d) your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or are authorized to act on behalf of the owner.

4. Accuracy, Completeness, and Timeliness of Information

4.1 Content Accuracy. We are not responsible if any Site Content is not accurate, complete, or current. Any reliance on the material on the Sites is at your own risk. Occasionally, Site Content may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders at any time without prior notice (including after you have submitted your order) if any Site Content is inaccurate.

4.2 Right and Obligation to Modify. We reserve the right to modify any content of the Sites at any time, but we have no obligation to update, amend, or clarify any information on the Sites, including, without limitation, pricing information, except as required by law. You agree that it is your responsibility to monitor changes to our Sites.

4.3 Display Accuracy. You acknowledge that the technical specifications and settings of your device may affect the accuracy of displaying colors and looks of products offered on the Sites. We have made every effort to display as accurately as possible the colors and images of our products on the Sites. We cannot guarantee that your device's display of any color will be accurate. If you believe that a product offered by us is not as described, your sole remedy is to return it to us in unused condition for a refund.

5. Products or Services (if applicable)

5.1 No Binding Offer. Nothing on the Sites constitutes a binding offer to sell products described on the Sites or to make such products available in your area. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
5.2 Changes of Product Descriptions. All descriptions of products including product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

6. Prices

6.1 Prices and Sales Tax. Product prices shown on the Sites do not include sales taxes. The prices displayed on the Sites are quoted in U.S. dollars and must be paid in U.S. dollars. We will automatically charge and withhold the applicable sales taxes.

6.2 Price Change. Prices for our products are subject to change without notice. We reserve the right to modify prices at any time, at our sole discretion. We will not be liable to you or to any third-party for any price change or discontinuance of the product.

6.3 Incorrect Price. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order has been canceled, we will issue a credit to your credit card account.

7. Payments and Orders

7.1 Placing Your Order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged; however your credit card will be credited for any items you do not receive and for any reduced shipping charges.

7.2 Restrictions on Orders. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

7.3 Changing or Cancelling an Order. If we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was placed.

7.4 Account and Order Information. You agree to provide current, complete, and accurate purchase and account information for all purchases. If such information changes, you agree to promptly update your account and other information, including your e-mail address and credit card information, so that we can complete your transactions and contact you as needed.

7.5 Payment. We accept all major credit cards and PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

8. Shipping, Returns, Refunds, and Exchanges

8.1 Shipping. We will ship your order as it is received. Usually, products ship the same day if ordered by 12:00 PM (Eastern Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday, or any major holiday. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

8.2 Multiple Product Orders. For multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available unless you inform us otherwise. You will only be charged for products contained in each shipment, plus any applicable shipping charges at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

8.3 Refused Shipment. A refused shipment occurs when the customer refuses to accept the package during a delivery attempt. If you refuse delivery instead of contacting us to obtain proper return instructions, you may be assessed a fee to cover return shipping and labor charges. This cost will be passed along to you in the form of a deduction from the total credit due to you. In addition, refused shipment may be considered an unauthorized return and subject to these Terms.

8.4 Returns, Refunds, and Exchanges. Our Return, Refund, and Exchange Policy (“Return Policy”) may be found at: Return Policy, and this Return Policy is incorporated into these Terms as if fully set forth herein. For more detail about shipping and returns, please review our Frequently Asked Questions.

9. Third-Party Tools or Websites

9.1 We may provide you with access to third-party tools or websites over which we neither monitor nor have any control nor input. You agree that we provide access to such tools or websites ‘as is’ and ‘as available’ without any warranties, representations, or conditions of any kind and without any endorsement. We will not be liable in any way for any claims or actions arising from your use of a third-party tools or websites.

9.2 Your use of any third-party tools or websites is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and privacy practices of these third-party tools or websites.

10. User Comments, Feedback, and Other Submissions

10.1 Grant of Rights for Comments. If you send certain specific submissions (for example, contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We will not be obligated to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.

10.2 Additional Rights Related to Comments and the Sites. In addition, we have the right to: (a) remove or refuse to post any Comments for any or no reason in our sole discretion; (b) take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, such as disclosing your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (c) take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Sites or cooperate with any law enforcement authorities; or (d) terminate or suspend your access to all or part of the Sites for any or no reason, including, without limitation, any violation of these Terms.

10.3 We Are Not Responsible for Your Comments. We may, but have no obligation to, monitor, edit, or remove content before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.

11. Linking To the Website and Social Media Features

11.1 The Sites may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain Site Content; (b) send e-mails or other communications with certain content, or links to certain Site Content; or (c) cause limited portions of content on the Sites to be displayed, or appear to be displayed, on your own or certain third-party websites.

11.2 You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the website or portions of it to be displayed on or appear to be displayed by any other site, for example, framing, deep linking, or in-line linking; or (c) otherwise take any action with respect to the materials on the Sites that is in violation of these Terms.

11.3 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We may disable all or any social media features and any links at any time without notice at our discretion.

12. Prohibited Uses

12.1 In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or any related website; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the service or any related website; (l) to impersonate or attempt to impersonate us, our employee, another user, or any other person or entity; or (m) to engage in any other conduct that restricts anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites, or expose them to liability.

12.2 We reserve the right to terminate your use of the service or any related website for violating any of the Terms.

13. Your Representations and Warranties

13.1 You represent and warrant that you own or control all rights in and to the Comments and have the right to grant the license granted above to us, our affiliates, licensees, and service providers, and each of their and our respective licensees, successors, and assignees.

13.2 You further represent and warrant that your Comments and your use of the Sites will not: (a) violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary rights; (b) contain libelous or otherwise unlawful, abusive, or obscene material; (c) contain or enable any computer virus or other malware that could in any way affect the operation of the service or any related sites; (d) involve any commercial activity which we do not provide; (e) give the impression of our endorsement unless authorized in writing by us; (f) impersonate us, our products or services or those of others; (g) provide inaccurate or misleading information; or (h) in any way violate these Terms or applicable law.

14. Disclaimer And Limitation of Liability

14.1 Disclaimer. ALL SITE CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL SUCH REPRESENTATION, WARRANTIES, OR CONDITIONS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT ARE DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITES, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES.

14.2 Limitation of Liability. IN NO CASE WILL ZUNGLEBOO, OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES (THE “INDEMNITEES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT , EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZUNGLEBOO AND THE INDEMNITEES FROM ANY CLAIM, ACTION, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO: THESE TERMS (INCLUDING ANY AGREEMENTS OR DOCUMENTS INCORPORATED BY REFERENCE), OR YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD-PARTY. THIS INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS OBLIGATION INCLUDES ANY CLAIMS, ACTIONS, OR DEMANDS RESULTING FROM INVESTIGATIONS BY ANY THIRD PARTIES, INCLUDING GOVERNMENT AGENCIES OR LAW ENFORCEMENT AUTHORITIES.

16. Termination

16.1 These Terms are effective unless and until terminated by either party. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our service, or when you cease using our Sites.

16.2 If in our sole judgment you have failed, to comply with any of the Terms, we may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly, we may deny you access to our service.

17. Miscellaneous

17.1 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17.2 These Terms constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the Terms).

17.3 Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

17.4 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

17.5 In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable laws, and the unenforceable portion will be deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

17.6 Any obligations and liabilities of the parties incurred prior to termination will survive the termination of these Terms for all purposes. Further, the terms, conditions or warranties contained in these Terms that by their sense and context are intended to survive the performance thereof by either party will so survive the completion of the performance or termination of these Terms, including without limitation, Section 13 (Your Representations and Warranties), Section 14 (Disclaimer and Limitation of Liabilities), Section 15 (Indemnification), Section 18 (Governing Law), and the relevant sections of this Section 17 (Miscellaneous).

18. Governing Law

18.1 These Terms (including any terms or policies incorporated by reference) and any other agreements between us will be governed by and construed in accordance with the laws of the State of Texas, United States without regard to its conflict of laws.

18.2 Any legal suit, action, or proceeding arising out of or related to these Terms or the Sites instituted by a party will be in the state or federal courts located in the City of Houston, Texas, USA, although Zungleboo retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts.

19. Contact

Questions about the Terms or any requests should be sent to us at vip@zunglestore.com.