Thank you for using Glopal! These terms of service (“Terms”) govern your use of the Glopal services, including the services provided on Glopal’s website (glopal.com and glopalstore.com), and on any third-party online shop that is powered by the Glopal Services for its international sales (the “Glopal Services” or simply the “Services”). If you wish to use the Services, you must register and accept these Terms. Please read the Terms carefully to understand our Services and your rights and obligations under these Terms. U.S. users: please note specific applicable terms in Section 14.
Last Updated Date: 12.10.2021
The Glopal Service is provided by:
GLOPAL S.A.S,
128 rue de la Boétie, OCP Business Center 4,
75008 Paris, France
e-mail: support@glopal.com
Director of the Publication: Patrick SMARZYNSKI
Intra-Community VAT N°: FR47879903243
registered at the Registry of Trade and Companies of Paris under RCS number 879 903 243
(“Glopal” or “We”).
Glopal offers you the opportunity to shop at certain foreign online shops in your language and currency and have the products internationally shipped to your home address, handled and assisted by Glopal, even if these online shops do not offer international payments and/or shipping. Glopal is your international shopping assistant!
Glopal acts on your behalf by providing a way to pay locally and have the products forwarded to your home country through the forwarding service of Glopal. You shop directly at the online shops that are listed by Glopal on its website or that are powered by the Glopal Services for their international sales (these independent third-party online shops are hereafter referred to as the “Shops”). Glopal provides an automatic translation of the Shop’s pages and a currency conversion to your home currency. When ordering at the Shop, Glopal assists in the payment and shipping process and organizes the forwarding to your home address. The costs for the Glopal Services will be displayed transparently on the final check-out page of the ordering process next to the total costs for the purchase and shipping payable to the Shop. Shipping, delivery and import to your home country will be organised by Glopal and provided by third-party logistics partners of Glopal.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the Shop you have selected. Unless otherwise specified, you acknowledge and agree that Glopal is acting as your agent, in your name and on your behalf, in the purchase, delivery and importation of goods purchased by you and is not the seller of the goods. You agree that your purchase is being made from the Shop you have selected, that the Shop is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Shop. You agree that Glopal will obtain a payment authorization for your credit card on file or other specified payment method with Glopal to cover the cost of the goods you have purchased from the Shop and any separate Glopal fees that you have agreed to, and your card / account will be charged for the goods purchased by you together with any applicable fees and taxes.
You also acknowledge and agree that, unless otherwise expressly provided for in these Terms or a separate agreement between you and Glopal, Glopal does not enter into any employment or agency relationship with you and does not hold title to any goods that you order through the Glopal Services.
On our website We give you information about our Services, let you register your account and feature independent Shops that might interest you. All products of each listed Shop can be purchased on the website of the Shop using the services of Glopal. Many other Shop websites are powered by the Glopal software, which enables those Shops to offer you their products in your local language and currency, international shipping and the other Glopal Services listed herein.
Glopal does not edit or choose the details of the product listings. All product descriptions are the responsibility of the Shop. Glopal does not review or approve any of the content of the Shops.
Glopal offers automated translation services for Shops available for the Glopal Services. We localize the Shop for you by translating the content to your preferred language. The translation is automatically generated for an easier shopping experience and understanding of the product details and further terms of the Shop. Glopal strives to provide a full and accurate translation of the product information on the website of the Shops but cannot guarantee either the completeness or exactness of the translation. Please be aware that some of the content may not be translated. For example, the automatic translation algorithm has trouble capturing for translation text within images and dynamic content. Only the original, local language version of the Shop is binding and relevant for the purchase at the Shop. The translation is free of charge. Glopal grants you a limited licence to use the translation of the Shop’s webpages strictly limited to the purposes of using the Glopal Services.
The prices of the products on the websites of the Shops are automatically converted from the local currency to your home currency / the currency of the chosen delivery address. The conversion is based on the daily fixed exchange rates of Glopal which will be indicated on the checkout page. All converted prices displayed are indicative. Only the price displayed on the page of the check-out process will be binding for your purchase. The displayed price may already include import tax and/or domestic shipping costs of the Shop as detailed. Furthermore, a range of additional costs for the Glopal Handling and Shipping services may be displayed next to the price converted to the currency you specified. The full details on all additional costs for shipping and handling by the Shop and for the additional Glopal Services including taxes and duties depending on your choices for international shipping and handling will be displayed on the check-out page. You can follow the check-out process to this stage without being registered as a user and without any fees being incurred. All prices include, if applicable, VAT and mandatory additional fees and costs if not detailed separately.
Glopal assists you when ordering at the Shops with a check-out process powered by Glopal which lets you choose the international delivery address, payment of import taxes, international shipping and handling options (see in more detail in Section 2.6). All relevant declarations to the Shops will be handled by Glopal in your name and on your behalf. Being your agent for the purposes set out in these Terms, you authorise Glopal to conclude the purchase agreement with the Shop in your name and on your behalf. For such purchases, Glopal never acts on behalf of the Shop.
Glopal offers full single payment of the payable amount including price, shipping and handling fees of the Shop and fees and taxes payable to Glopal for its forwarding services as described in Section 2.6. The available payment methods are shown during the checkout process When using the Glopal Services, all payments are made via Glopal. All payments forwarded by Glopal to the Shop, to transport and logistic partners, customs authorities etc., are forwarded in your name and on your behalf. Also in your name and on your behalf Glopal will complete the check-out process of the Shop and forward payment details to the Shop and/or other third parties after your payment to Glopal has been approved by the payment processor.
When you use the Glopal Service, Glopal organizes the international handling and shipping of the product. The purchased product will be imported into your home countries on your behalf and in your name; you are the importer of the purchased goods.
A list of the Glopal Shipping and Handling services, including a list of countries we ship to can be found here. All prices include VAT, if applicable and not detailed separately. A list of goods not accepted for Glopal’s forwarding services can be found here. When Glopal handles the international shipping, it will provide an estimated range of delivery dates.
Glopal will forward all communications with the Shop where you have purchased the product using the Glopal Services. In case of any questions to the Shop, defects in the products, withdrawals or returns, disagreements or disputes, Glopal assists you in your communication with the Shop. If you exercise any right of withdrawal or right to return the product(s) pursuant to the return policy granted by the Shop and/or applicable law, or return the product(s) due to defects or other valid reasons, Glopal assists you with the return, the communication with the Shop and the refund.
You must register with Glopal and create a user account to use the Glopal Services of an assisted purchase at Shops through our Glopal Services. To register you must be of legal age in your country of domicile, at least 18 years or older. When registering with Glopal you will have to enter your personal details and your payment details. Glopal needs these details to place the purchase at the Shops in your name and on your behalf, forward your payment and conduct the international shipping and handling on your behalf. Furthermore, you must accept these Terms, and acknowledge our Privacy Declaration. Read it carefully for further details of how we use your personal data.
When creating a Glopal user account you are entering into an agency agreement with Glopal.
You agree that you are responsible for all conduct and transactions that take place on or using your account under your responsibility and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Glopal Services and you will respect those who you encounter in your use of the Glopal Services, including individuals who support Glopal’s Help Center.
Glopal reserves the right to decline orders. Furthermore, Glopal reserves the right to refuse partial or full delivery, terminate accounts, and/or cancel orders if the requirements for termination are met (see Section 10).
When you purchase any products using the Glopal Services you are entering a purchase agreement directly with the respective Shop. This purchase agreement is governed by the terms of the Shop that can be found on the respective website of the Shop. When you check-out with the Glopal check-out process you authorize Glopal to forward your binding offer to purchase the product in your name from the Shop. If the Shop accepts your offer, the resulting purchase agreement will be governed by the terms of the Shop and applicable law.. Glopal will forward to you all emails confirming the purchase.
If Glopal is unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on website of the Shop, Glopal will inform you of this by e-mail and will not process your order. If you have already paid for the products, Glopal will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
Please be aware that online shops in countries other than your home country may grant consumer rights different than those you are used to. This may include a right of withdrawal, legal rights to return and other consumer protection rights like warranty rights. You buy directly from the Shop. Therefore, all rights you have regarding the purchase of the products are governed by the terms of the Shop and applicable law. Internationally mandatory consumer protection rights (e.g. according to Article 6 Rome I REGULATION (EC) No 593/2008) and jurisdiction of the courts of your home country may not apply to your purchases from the Shop through the Glopal service if the Shop has not actively targeted your home market. Please read the terms of the Shop carefully to be informed about your rights and be aware that additional costs of international shipping and handling including import tax are not handled by the Shop and its refund policies.
Please read these Terms carefully to understand your rights. No clause of these Terms limits your mandatory consumer rights under applicable law.
For users with home country in the EU: You may benefit from a right of withdrawal, which would permit you to withdraw from the agreement with Glopal within 14 days. Please be aware, however, that payment services and the transportation of goods are exempted from the consumers’ right of withdrawal (cf. Article 3 lit. d, Article 16 lit. l and lit. b of EU Directive 2011/83/EU).
Please refer to the refund policies of the respective Shop. With respect to applicable law and consumer rights see also above Section 5.1.
Glopal will assist you with any returns and communications with the Shop (see above Section. 2.7). If you wish to return the product that you have purchased through the Glopal service, please contact Glopal who will assist with the communication with the Shop and return shipping.
Surfing the Glopal website, using the localisation and currency conversion services of the Glopal Service and creating a Glopal user account is free of charge. A detailed price list for the Glopal services of international shipping and forwarding that we charge for can be found here. Prices vary depending on the country of the Shop and the destination country, the product purchased and the options you have chosen regarding shipping, handling and payment of Import Fees. The full details on all additional costs for shipping and handling for the Glopal Services including taxes and duties depending on your choices for international shipping and handling will be displayed on the final check-out page. You can follow the Glopal check-out process for any product from the Shop to this stage without being registered as a user and without any fees being incurred. All prices include, if applicable, VAT and mandatory additional fees and costs if not detailed separately. Additional Import Fees levied by the customs authorities at import may apply (see Sections 7.2 to 7.4).
Surfing the Glopal website, using the localisation and currency conversion services of the Glopal Service and creating a Glopal user account is free of charge. A detailed price list for the Glopal services of international shipping and forwarding that we charge for can be found here. Prices vary depending on the country of the Shop and the destination country, the product purchased and the options you have chosen regarding shipping, handling and payment of Import Fees. The full details on all additional costs for shipping and handling for the Glopal Services including taxes and duties depending on your choices for international shipping and handling will be displayed on the final check-out page. You can follow the Glopal check-out process for any product from the Shop to this stage without being registered as a user and without any fees being incurred. All prices include, if applicable, VAT and mandatory additional fees and costs if not detailed separately. Additional Import Fees levied by the customs authorities at import may apply (see Sections 7.2 to 7.4).
IF YOU CHOOSE NOT TO PREPAY THE IMPORT FEES AND IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES OR OTHER TAXES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES OR OTHER TAXES: (1) THE COSTS YOU PREPAID GLOPAL FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES OR OTHER TAXES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO THE SHOP. AND ANY OTHER FEES OR TAXES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES OR OTHER TAXES); (3) SUBJECT TO YOUR CONSUMER RIGHTS, YOU UNDERSTAND THAT ALL SALES ARE FINAL AND WE ARE NOT REQUIRED TO REFUND YOU THE COST OF THE MERCHANDISE, BUT WE MAY DO SO IN CERTAIN CASES IN OUR SOLE DISCRETION; (4) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES AND OTHER TAXES; (5) YOU WILL NOT REQUEST THAT GLOPAL OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES OR OTHER TAXES PAID; (6) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OR ALL OF THE ACTUAL IMPORT FEES AND OTHER TAXES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT GLOPAL OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (7) IF GLOPAL (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN OUR SOLE DISCRETION DECIDE TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (8) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (9) ANY PORTION OWED TO GLOPAL (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE), THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.
You agree that Glopal does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties, e.g. the Shops, and made available through the Glopal Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Glopal Services, you agree that Glopal will have no liability based on such purchase, use, or access.
Please note that products purchased through the Glopal Service may not be intended to be bought on the market of your home country / the country of the delivery address. Therefore, the product documentation, such as user manuals, product care and handling instructions and safety warnings delivered with the purchased products may not be in your language, after-sale maintenance and other services may not be available and products may not comply with the law, regulations and standards of your home country/the country of the delivery address. Glopal does not assess whether the products of the Shops comply with local laws and standards of the country of delivery. Please make sure before buying that the products meet the respective standards, technical compatibility and expectations (e.g. electricity voltage and compatible plugs […] ).
All products are imported to the country of delivery in your name and on your behalf through the Glopal Services. If any product is rejected at import due to customs policies, violation of import/export laws, prohibited and restricted items, prohibited and restricted end users and destinations, and/or other regulatory laws and standards and compliance provisions and therefore cannot be delivered to the specified delivery address, our Prohibited Products Policy applies. Please note further, that there may be no producer and/or importer liable under product security and product liability laws in the country of delivery, because the product was imported by you into your home country / the country of delivery.
8.2 In relation to the shops
The liability of the Shops is governed by the terms of the respective Shop and the law applicable to the relation between you and the Shop. Please note that the liability of the Shop may be limited to the laws and standards of the country of origin of the Shop as the Shop is not aware of the specific country of delivery through the Glopal Services. Some Shops may not ship internationally at all and products may not be intended for use other that in the country of origin of the Shop (see also above Section 8.1).We may modify these Terms for example, to (i) reflect changes in our services (including to take technical developments into account or to implement new features), (ii) for legal, regulatory, or security reasons, or (iii) to prevent abuse or other harm. If we make changes to these terms or product-specific additional terms, we will provide you with advance notice a minimum of 14 days before the changes are planned to take effect. With our notification of our changes to the Terms, we will provide you with a summary of all material changes and a line-by-line comparison of the changes. If you do not object within the set deadline by which the changes are planned to take effect, your silence is considered consent to the changed terms. You will be informed in our notification about these consequences. You may refuse changes, in which case the change will not apply in relation to you; however, in this case we reserve the right to terminate our relationship with you, if all other requirements for a termination are met.
You may terminate your Glopal user account any time. We reserve the right to suspend or terminate your account and access to our Glopal Services or delete your account if you materially or repeatedly breach these Terms, or if we are required to do so to comply with a legal requirement or a court order. Before we terminate your account because you have materially or repeatedly breached these Terms, we will contact you informing you about the respective violations of the Terms or the applicable law and give you the opportunity to rectify the violation.
Glopal respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Intellectual Property Code and other relevant laws. Glopal will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Glopal’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Glopal’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Glopal may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Glopal - copyright@Glopal.com
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Glopal's designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
These Terms and all agreements with Glopal are construed with and governed by the laws of France. As far as permissible under the applicable laws, the courts of Paris shall be internationally competent for all disputes arising out of and in connection with these Terms. Glopal reserves the right to also file its claim before the courts of the country of residence of the user.
EU consumers: If you are a resident of the European Economic Area (EEA) or Switzerland, these terms and your relationship with Glopal under these Terms and mandatory laws of your country of residence apply and you can file disputes in your local courts or in the competent courts of France at your choice.
French consumers: You are informed, that should a dispute arise between you and Glopal, you can contact the consumer ombudsman designated by Glopal [contact details of the ombudsman].
ODR/ADR: The European Commission provides for an Online Dispute Resolution (ODR) Platform that is available at https://ec.europa.eu/consumers/odr. Our email address is detailed above in Section 1 and in the contact details of our Website. Glopal is not obliged and does not participate in the EU ODR. Furthermore, Glopal does not participate in any other Alternative Dispute Resolution in consumer matters, if not legally obligated under applicable national law.
For users with residence in the U.S. the mandatory arbitration clause (see Section 14.1) and other specific clauses (see Sections 14.2 to 14.4) apply.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Glopal, shall constitute the entire agreement between you and Glopal with respect to the Services and any use of the Services. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. In case of invalidity or unenforceability of any provision of these Terms, the parties agree to replace the invalid provision by one that is valid and complies with the parties’ business intention.
The following terms apply only for users with residence in the United States of America (U.S.). They override any other terms provided in these Terms in relation to U.S. residents.
You agree to contact Glopal first and attempt to work out any such dispute amicably.
ANY CLAIMS THAT YOU AND GLOPAL HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GLOPAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 8 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GLOPAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOPAL DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOPAL MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GLOPAL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER GLOPAL NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF THIRD PARTY PROVIDERS OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER GLOPAL NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.
If you have a dispute with a Third Party Provider, you agree to release Glopal (including Glopal’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL GLOPAL (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF GLOPAL OR GLOPAL’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GLOPAL (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF GLOPAL OR GLOPAL’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GLOPAL, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO GLOPAL FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Glopal and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Glopal’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
If you have any questions about these TOS, please contact our Customer Support.
