Terms of Sale
- These Terms of Sale apply to all orders, offers and sales initiated or completed through www.rotimatic.com (“Website”).
- Although the Website is accessible worldwide, the Product offered on the Website is not designed and tested for use in all countries. If you choose to access the Website and/or use the Product outside the countries to which Zimplistic ships its Products (“Target Countries”, which presently includes the following countries:
- United States of America,
- United Kingdom,
- New Zealand,
- United Arab Emirates,
- Saudi Arabia,
- Denmark and
- Hong Kong
you do so at your own initiative and you confirm that you shall be solely responsible for complying with applicable local laws in your country. You understand and accept that the Website is not designed for use in a non-Target Country and some or all of the features of the Website may not work or be appropriate for use in such a country.
- The words “Customer” or “You” shall mean and include any person who visits the Website or any natural or legal person entering any kind of contractual or quasi – contractual relationship with our Company through the Website.
- In order to contract with our Company, you must be at least 18 (eighteen) years old. If you are under the age of 18 (eighteen) you may use our services only with the involvement of a parent or guardian. If you are ordering for any other person, it is your responsibility to ensure that the intended recipient is of the appropriate age to view and use the Product.
- Using the Website requires you to set up and maintain an account. You are liable to keep your account and password secure. To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur using such account and password.
- You are responsible for ensuring that the details provided to us are correct and complete, informing us if any changes occur and updating the information provided in the related area of the Website. Zimplistic will not be liable, whether to you or to any third party, for any claims or damages arising from inaccurate information provided to Zimplistic.
- We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms of Sale or any other applicable terms and conditions, guidelines or policies
- Please note that our Company sells Products only in quantities which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product. We therefore reserve the right to limit the purchase options of its customers as far as quantities are concerned whenever we deem that they are not serving the typical needs of an average household. These limitations may include restrictions on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using the contact details provided at the time the order was placed.
- The Company reserves the right to make any changes to its Website, policies, and terms and conditions, including these Terms of Sale at any time. All Customers are subject to the Terms of Sale, policies, and terms and conditions in force at the time that the Customer orders Products from us, unless any change to the Terms of Sale, policies or any terms and conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
- By placing an order with Zimplistic (“Order”) you are offering to purchase a Product on and subject to these Terms of Sale. An Order via the Website shall be an irrevocable offer. However, it shall not lead to an agreement when our Company sends you an acknowledgement confirmation via e-mail to the e-mail address you provided us with.
- Our Company accepts your offer and concludes an agreement with you (the “Contract”) only when we dispatch the Product(s) and send you the related shipping e-mail confirmation.
- An Order may be cancelled only with our Company’s prior written consent and before the Products are arranged for being dispatched.
- Please note that adding your email to the waitlist on the Website does not constitute an Order.
- All Orders are subject to availability and confirmation of the Order price and quantities. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to delays including but in no way limited to those resulting from postal delays or force majeure for which we will not be responsible.
- You may modify or cancel an Order before shipment of Product only by contacting Zimplistic at the contact details provided at Section 15 of these Terms of Sale and requesting a modification or cancellation. In the event you choose to cancel your Order, Zimplistic will initiate the refund of the amount for that Order to your credit card/debit card/bank account (as applicable) on file with Zimplistic within 30 (thirty) business days of receiving notice of cancellation.
- If you have been charged for an Order that is subsequently rejected by Zimplistic, Zimplistic will initiate the refund of the amount within 30 (thirty) business days of giving you notice of rejection.
- The Product available on the Website has been designed, tested and marketed for use by residents of Target Countries. All safety warnings, information, instructions, packaging, in-box materials and support services are provided only in English. You shall not use the Product for any illegal or unauthorised purposes.
- You are solely responsible for ensuring the use of the Product in the Target Country to which it has been shipped, and you accept that any problem arising from the use of the Product in a country other than the country to which it is shipped is not a valid claim under the warranty provided with your Product and does not otherwise constitute a basis for receiving the refund described below. To the extent permissible by law, Zimplistic accepts no responsibility or liability for any damage or loss caused by your access or use of the Website or Product in a country other than the country to which it is shipped.
Price and Payment Terms
- The price that is payable shall be the price in USD on the date of the order on an FOB Port basis. Final charges may include applicable taxes and delivery charges. Zimplistic shall inform you of the final charges.
- We allow payments for Orders through credit cards, debit cards, and other methods that may be expressly provided for or agreed upon by Zimplistic. Payment by credit card or debit card is immediately due and payable upon placement of Order on the Website. Your card details will be encrypted for security purposes.
- You shall be responsible for the import of the Product into the Target Country to which you have placed an Order for the Product to be shipped, including undertaking the cost of taxes and customs, if any. By accepting these Terms of Sale and placing an Order on the Website, you hereby give and assign Zimplistic the authority to assign an importer of record, if applicable, for clearing the Product being imported into the Target Country.
- The sale of these goods is made to you outside of the USA. If you are resident in the USA, we will arrange for a third party company to act as your importer of these goods and our broker will pay your applicable import duties and taxes. As a purchaser, you are responsible to check your use tax liability in your own state and report / pay any taxes on this purchase where necessary.
- Errors and omissions in respect of any price, or clear or easily perceivable inaccuracies and prices that have clearly occurred through manipulation, are subject to correction by our Company within a reasonable time, even after the Contract is concluded.
- 6. Zimplistic reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing, or calculation errors.
- International Orders
- The Product is currently not available for shipment outside of Target Countries. However, once the Product becomes available for international delivery, by ordering to countries other than Target Countries, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. You may be subject to import duties and taxes that are levied once the Product reaches your country. Any additional charges for customs clearance must be borne by you.Zimplistic has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
- Please note that there are international variations in the principal properties of the electric power supply. As such, a product shipped to a particular country is sold for use only in respect of that particular country. Any use in a country other than the country to which it is shipped will void any warranty or eligibility for after sale services.
- Please note that the Exclusive Limited Warranty provided by Zimplistic for the Product shall be not applicable to Products that may be shipped to non-Target Countries.
- All Orders confirmed by Zimplistic will be delivered to the delivery address you specified while placing your Order. Should there be any change in the address to which you want the product delivered, please let us know immediately. Should the change in address involve a change in the country to which it is delivered, any such change is subject to the country being in the list of Target Countries. In such event, additional charges may apply.
- Delivery can only be made to Target Countries specified on the Website.
- Products are subject to availability and prevailing market conditions. In the event of any delay in delivery of the Product, Zimplistic will, to the best of its abilities, attempt to inform you of the same at the earliest.
- It is your responsibility to verify the quantity and condition of the merchandise upon delivery. In case you observe damage or missing items, you must notify Zimplistic within 7 (seven) days after the delivery.
- You are requested to retain the original packaging of the Product.
Limitation of Use
Return and Total Satisfaction Policy
- In accordance with our Total Satisfaction Policy, you may return the Rotimatic units within 30 (thirty) days of delivery for a refund. A restocking charge of USD 199 (or equivalent amount in local currency) will be deducted from the amount paid for the Rotimatic units prior to processing the refund. Zimplistic will only accept returns of the Rotimatic units in their original condition and packaging accompanied by the invoice. You must contact Zimplistic at email@example.com or firstname.lastname@example.org within 30 (thirty) days of delivery to make arrangements for shipping the Rotimatic units back to Zimplistic
- In order to be eligible for refund, the returned Rotimatic units must not be damaged by misuse, abuse, or disassembly, and the returned Rotimatic units must also have all detachable components, including storage containers for flour, oil, and water, kneading components, cleaning kits, front doors, and power cords (“User-Installable Components”) intact in their original packaging. Further, the returned Rotimatic units must be returned/shipped by you to Zimplistic within 3 weeks from the date the return instructions are communicated by Zimplistic.
- All accessories or services purchased on the website separately from Rotimatic units are not eligible for refund. Only Rotimatic is eligible for refund with the terms and conditions stated in this term of sales.
- No refund or exchange will be given for any of the free gifts or consumables accompanying the Product.
- Zimplistic will, within 30 days of receiving the returned Rotimatic units, initiate a refund for the amount paid for the returned Rotimatic units, subject to deductions which will include the restocking charges of USD 199 (or equivalent amount in local currency) and may include charges for missing User Installable Components and any other additional charges.
Service & Repair
- Please access and review the help resources referred to in the documentation accompanying this Product and on the Website before requesting any service (“Service Request”). If the Product is still not functioning properly after making use of these resources, please contact Zimplistic via Rotimatic App chat support or at email@example.com. You must assist in diagnosing issues with your Product and follow Zimplistic’s warranty processes
- Zimplistic follow a remote troubleshooting model of fixing software issues as Rotimatic is an advanced/smart machine. Our engineers will take a remote access of the machine and will help resolve the issue reported by you by first diagnosing the same remotely over a video/audio call/studying the log data available to us at the backend and sending a setting push/fix over the cloud. Your cooperation and time will be required for troubleshooting. Note: It's important your machine is connected to wifi for us to help troubleshoot and resolve any issue being faced. Not connecting to wifi will lead to no data as well no proper diagnosis from our end.
- On receiving a Service Request that can not be solved with remote troubleshooting, Zimplistic may, at our discretion, either (1) service your Product at one of our repair service locations, or (2) Replace the product by a Replacement Rotimatic Unit/product of the same type/nature rather than being repaired.Rotimatic Replacement Units also known as Remanufactured Rotimatic Units are rebuild to be ‘good as new’ on our production line, by our engineers who reassemble them thoroughly inspecting every part. All Replacement units go through rigorous testing before they are shipped. The parts that comes in contact with dough and rotis are brand new and with a completely new outer shell. If any replacement part does not meet our quality assurance requirements, new parts will be added during the assembly process.
- Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, Zimplistic may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the Website for more details on this and other matters on obtaining warranty service.
- If we opt to service your Product at one of our service locations, you will be responsible for packaging and shipping your Product to the service location requested. If you no longer have the original packaging, Zimplistic may send you packaging material that may be subject to additional costs.
- All shipment of any Products is at your expense, unless Zimplistic otherwise agrees in writing.
- Zimplistic does its best to ensure an uninterrupted and error-free availability of the services. Nevertheless, this cannot be always guaranteed by the nature of internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out. Zimplistic shall do its best to limit the number and the duration of such suspensions or restrictions.
- Zimplistic does not provide any repair / servicing other than in the Target Countries.
Repair Service Location
If we opt to service your Product at one of our service locations, you will be responsible for packaging and shipping your Product to the service location requested. If you no longer have the original packaging, Zimplistic may send you packaging material that may be subject to additional costs.
Customer Representations & Warranties
You represent and warrant to Zimplistic that:
- you have the full power and authority to enter into any arrangement or agreement under these Terms of Sale;
- you are at least 18 (eighteen) years of age;
- you have read and understood these Terms of Sale and are bound by them; and
- you shall not use the Product for any illegal or unauthorised purpose(s).
Exclusive Limited Warranty
Zimplistic’s warranty obligations for all Products sold by Zimplistic on the Website are limited to the terms set forth below:
- Zimplistic will provide the repair and replacement services described in further detail in this Agreement for the Product (excluding software) and related hardware against defects in materials design and workmanship under permitted and intended and non-commercial use for a period of 1 (one) year from the date of delivery to the original end-user purchaser (“Warranty Period”). You may choose to purchase an extended warranty (“Extended Warranty”) within six (6) month's from the date of delivery of the Product, which shall be subject to our Extended Warranty Terms and Conditions. The warranty and Extended Warranty, if applicable, shall together constitute the “Exclusive Limited Warranty” offered by Zimplistic.
- Please note that there are international variations in the principal properties of the electric power supply. Product shipped to a particular country is sold for use only in respect of that particular country. Any use in a country other than the country to which it is shipped will void any warranty or eligibility for after-sale services.
- Zimplistic does not represent or claim through its Exclusive Limited Warranty that all Products will be completely free of defects and the Exclusive Limited Warranty shall not serve as an express or implied warranty about the Product in any manner whatsoever.
- If a Product defect arises and a valid claim is received within the Warranty Period or Extended Warranty period, at its sole option and to the extent permitted by law, Zimplistic will either (1) repair the Product defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a remanufactured replacement unit/product of the same type rather than being repaired. Replacement Rotimatic units also known as Remanufactured Rotiamtic units are rebuild to be ‘good as new’ on our production line, by our engineers who reassemble them after thoroughly inspecting every part. All Replacement units go through rigorous testing before they are shipped. The parts that comes in contact with dough and rotis are brand new and with a completely new outer shell. If any part does not meet our quality assurance requirements, new parts will be added or are added during the assembly process. If Zimplistic is unable to repair or replace such Products within a timeframe determined by Zimplistic, acting reasonably, Zimplistic may refund the amounts paid for such defective or non-conforming Products to you.
- A Replacement Rotimatic Unit/Product or repaired Unit/Product assumes the remaining warranty of the original Product against which the replacement is issues/agreed.
- When a Product or part is exchanged, any replacement item/unit becomes your property and the replaced item/unit becomes Zimplistic’s property. Parts provided by Zimplistic in fulfilment of its warranty obligation must be used in Products for which warranty service is claimed. When a refund is given, the Product for which the refund is provided must be returned to Zimplistic unless specified otherwise. In order to be eligible for refund, the returned Products must not be damaged by misuse, abuse, or disassembly.
Exclusions from and limitation to Warranty
- The Exclusive Limited Warranty applies only to the hardware Products manufactured by or for Zimplistic. The Exclusive Limited Warranty does not apply to any non-Zimplistic Products or any software, even if packaged or sold with the Rotimatic. ZIMPLISTIC, IN SO FAR AS IS PERMITTED BY LAW, PROVIDES ITS PRODUCTS ON AN “AS IS” BASIS. Software distributed by Zimplistic with or without the Zimplistic brand name (including, but not limited to system software) (“Software”) is not covered under the Exclusive Limited Warranty.
- You agree that your use of the Software is at your sole risk. To the extent permitted by the applicable law, the Software is provided on an "as is" and "as available" basis. To the fullest extent permissible under applicable law, Zimplistic expressly disclaims all other warranties of any kind, express or implied, with respect to the Software, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, and any warranties that may arise out of course of performance / course of dealing. Zimplistic does not warrant that operation of Software will be uninterrupted or error free or that the functions contained in the Software will meet your requirements
- Zimplistic does not warrant that the operation of the Product will be uninterrupted or error-free. Zimplistic is not responsible for damage arising from failure to follow instructions available in the User Manual relating to the Product's use.
- The Exclusive Limited Warranty does not apply to Rotimatic Products that are purchased from unauthorized reseller, dealer, retailer or distributor.
UNAUTHORIZED DEALER LIST AND WARNING
A note about sellers on Amazon.com: Resellers who sell through Amazon.com are not authorized dealers of Rotimatic Product. When purchasing Rotimatic Product on Amazon.com, it is important to note where the Product is being "shipped from and sold by," which is stated clearly in the header for each Product. Please note that the Rotimatic Product sold by Zimplistic seller is the only authorized store to sell Rotimatic Products on Amazon.com.
WARRANTY IS NON-TRANSFERABLE. SECOND-HAND ITEMS, INCLUDING SALES FROM WEBSITES SUCH AS EBAY AND CRAIG'S LIST OR ANY OTHER UNAUTHORIZED ARE NOT COVERED BY WARRANTY.
- The Exclusive Limited Warranty does not apply to (a) any damage caused by use of the Product in a manner not in accordance with the documentation, guidelines or instructions provided by Zimplistic; (b) any damage caused by accident, abuse, misuse, flood, fire, earthquake, electrical surges, power failure or other external causes; (c) any damage caused by operating the Product outside the permitted or intended uses described by Zimplistic; (d) any damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Zimplistic or its authorized representative; (e) any Product or part that has been modified to alter functionality or capability without the written permission of Zimplistic; (f) any consumable parts; (g) any cosmetic damage, including but not limited to scratches, dents; (h) if any Zimplistic serial number has been removed or defaced; (i) User-Installable Components; or (j) your breach of these Terms of Sale.
- Except for the standard manufacturer’s warranty terms applicable under this Terms of Sale, all other warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, or course of dealing are excluded to fullest extent permitted by law. In particular, warranties relating to merchantability, fitness for purpose, satisfactory quality and/or compliance with description are excluded.
Limitation of Liability
- Except as explicitly provided in these Terms of Sale, no representations have been made, and no warranties have been given to you by Zimplistic, its agents or employees, concerning the Product and none shall be implied from this transaction. We do not guarantee, represent or warrant that your use of our service or any Zimplistic Product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or the Product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- Zimplistic believes its Products work as intended, but you should not use any Zimplistic Product in any situation where health or safety might be at risk. In addition, Zimplistic Products should not be used by users under the age of 18 (eighteen) unless supervised. Zimplistic disclaims any express or implied warranty of fitness for such usage.
- ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. NO WARRANTY OBLIGATIONS WILL APPLY AFTER THE EXPIRATION OF THE EXCLUSIVE LIMITED WARRANTY PERIOD.
- No Zimplistic reseller, agent, or employee is authorized to make any modification, extension, or addition to the Exclusive Limited Warranty or any extended warranty period authorised and provided by Zimplistic. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
- EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, ZIMPLISTIC SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY LOSS, DAMAGE, OR INJURY (INCLUDING DEATH) TO ANY PARTY, INDIVIDUAL, OR ENTITY NOR BE RESPONSIBLE FOR OTHER CASUALTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH ZIMPLISTIC PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH INSTANCE, THIS PARAGRAPH WILL BE GIVEN THE GREATEST EFFECT ALLOWABLE BY LAW.
- Zimplistic liability to You in relation to this Agreement and theProduct shall be limited in all circumstances to Your directdamages to a maximum value of the payments paid by You to the Company under this Agreement
Third Party Services
Certain services related to the Product may be provided by third parties ("Third Party Services"). In the case of Third Party Services, the third party providing such Third Party Services (“Third Party”) shall be considered the contracting party, not Zimplistic, and the Third Party shall be the party responsible for providing the services to you. You will look solely to the third party for any loss, claims or damages arising from, or related to, the provision of such Third Party Services. You specifically release Zimplistic from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services.
Third Party shall include, without limitation, any and all of Zimplistic’s authorised resellers, distributors, merchants, and third parties providing Extended Warranty services.
You agree to indemnify, defend and hold harmless Zimplistic, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
You can contact us at firstname.lastname@example.org
- Force Majeure
Zimplistic shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside Zimplistic’s reasonable control. Zimplistic will use reasonable efforts to mitigate the effect of a force majeure event.
- Applicable Law
ThisAgreement is governed by, construed under and enforced in accordance with the laws of Singapore, without regard to any conflict of law provisions. Any action or proceeding related to this Agreement must be brought in the courts located in Singapore. Each party irrevocably submits to the jurisdiction and venue of such courts. 3.Dispute Resolution. Any dispute arising out of, in connection with or relating to this Agreement, will be settled by final, binding arbitration in accordance with the rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral tribunal will consist of 1 arbitrator. The language of the arbitration will be English and the arbitration will be held in Singapore.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zimplistic as a result of these Terms of Sale or your use of the Website or purchase of any Product.
In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Class Action Waiver
All claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity’s claims, and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then this clause shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
- Force Majeure