The Services and all rights therein are and shall remain the property of Rozgo 1, LLC (“hereinafter Rozgo”), or the property of Rozgo’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted herein. You agree that you will not use Rozgo’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“Rozgo’s Marks”), aside from use incidental to your use of the Services, without express, written permission from Rozgo. This prohibition on using Rozgo’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Use In order to use most aspects of the services provided by Rozgo, “Services,” you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to Rozgo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Rozgo. For more information regarding Rozgo’s use of your personal information, please see our Privacy Notice currently available at https://privacy.Rozgo.com/policy/. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Rozgo in writing, you may only possess one Account. You agree to abide by the Rozgo Community Guidelines, available here. Failure to comply with the Community Guidelines or any violation of these terms may result in the permanent loss of access to the Services. The Services are not available for use by persons under the age of 18. You agree to use our Platforms for lawful purposes only. You are responsible for your use of and communications at the Platforms. You agree not to post on or transmit through Platforms any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use Platforms in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Platforms. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Rozgo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You agree that Rozgo Technologies, Inc., and its subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an Rozgo account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Rozgo at any time, either by replying “STOP”, texting the word “STOP” to 99999 using the mobile device that is receiving the messages, or by contacting help.Rozgo.com. If you do not choose to opt out, Rozgo may contact you as outlined in its User Privacy Notice, located at https://www.Rozgo.com/privacy/notice.
3. Platforms Contents
4. Third Party Websites
Platforms may include links to other websites maintained by third parties. We provide website links solely as a convenience to you, and the inclusion of website links on Platforms does not imply endorsement by Rozgo of the safety, content or serviceability of those websites. You access linked websites at your own risk and by doing so, you leave our Platforms. Linked websites are not under the control of Rozgo, and Rozgo is not responsible for the contents of any such website.
We collect information about you and your transactions with us. This may include, but is not limited to, the date and time you visit our Platforms, the products that you view, the order(s) that you place, your financial information and your contact with us. The personal information we collect may include your name, address, email address, telephone number, or other contact information, gender, birthday, age, other demographic information, your interests, your preferences and your payment information. We use the information that we collect to conduct our business and to provide you with the best possible products, services, and experiences. We also may combine any or all of the information that we collect or obtain, for our own internal purposes, to improve our sites, products/services, customer service, and customer shopping experience. We will never share, rent, sell, swap or otherwise authorize a third party to utilize your personal information for commercial purposes without your permission. However, we may share or sell aggregate or anonymous information with or to our affiliates or other third parties for their marketing or analytics uses or for other lawful purposes. This type of non-identifiable and aggregate information cannot be used to identify you personally. This Platforms does not cater to children. If you have reason to believe that a child under the age of 13 has submitted personal information to us, please contact us at customerservice@Rozgo.com, and we will immediately delete and cease tracking such information. If you are a California resident, please contact us at customerservice@Rozgo.com to ask for a notice describing the following information in detail: (i) Access. Request access to the specific pieces of personal information collected about you; and (ii) Disclosure. Request disclosure of the categories of personal information we collect, the purposes for which we collect, sell or disclose that information, and the categories of third parties with whom we share the information. You may also request: (i) Deletion. Deletion of your personal information; and (ii) Opt out. Opt out of the "sale" of your personal information.
6. Order Processing
We will process your purchase pending item availability and credit card verification. Orders must be placed by 1:00 p.m. EST to constitute a business day.
7. Exchanges and Returns
We do not accept exchanges, and we do not accept returns. All sales are final, except that a refund or exchange may be available through the underlying vendor in accordance with their policies.
You understand that use of the Services may result in charges to you for the services or goods you receive from Rozgo and/or from Third-Party Providers (“Charges”). Rozgo will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors. All Charges and payments will be enabled by Rozgo using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Rozgo may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Rozgo. As between you and Rozgo, Rozgo reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Rozgo will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf. With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Rozgo will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. In such cases, you retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider. Rozgo will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. There also may be certain Charges you incur that will be owed and paid directly to Rozgo or its affiliates. For the avoidance of doubt, Rozgo does not charge a fee for a user to access the Rozgo Platforms, but retains the right to charge users a fee or any other Charge for accessing Services made available through the Platforms. Even if not indicated on the Rozgo Platform, you understand that the prices for product or menu items displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Services may not be the lowest prices at which the product or menu items are sold. If you think a correction should be made to any Charge you incurred, you must let Rozgo know in writing within 10 days after the Charge took place or Rozgo will have no further responsibility and you waive your right to later dispute the amounts charged.
9. Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, PLATFORMS, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ROZGO DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROZGO DOES NOT WARRANT THAT YOUR USE OF PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES ROZGO WARRANT THAT PLATFORMS AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF PLATFORMS IS AT YOUR OWN RISK. ROZGO SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORMS, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE PLATFORMS. ROZGO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. ROZGO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS OR THEIR PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. ROZGO DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. ROZGO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROZGO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ROZGO, EVEN IF ROZGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROZGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF ROZGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROZGO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ROZGO'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF ROZGO. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ROZGO, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF (I) YOUR USE OF THE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) ROZGO'S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD-PARTY PROVIDERS. Without limitation to the foregoing, the sole and entire maximum liability of Rozgo for any reason, and your sole and exclusive remedy for any cause of action or claim whatsoever, shall be limited to the amount paid by you for the product(s) purchased by you through Rozgo on Platforms.
10. Class Action and Jury Waiver
You agree to bring any dispute with us on an individual basis only, and not on a class, consolidated, representative or collective action basis. If our dispute proceeds in court, you forever waive your right to a jury trial and/or to participate in a class action. BY ACCESSING AND PROCEEDING TO USE PLATFORMS, YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHTS TO FILE A CLASS ACTION CLAIM AND TO OBTAIN A TRIAL BY JURY. NEVERTHELESS, YOU WISH TO ACCESS AND USE PLATFORMS.
11. Personal Jurisdiction and Venue
You agree that the Superior Court of the State of New Jersey shall have exclusive personal jurisdiction over this matter and that all court proceedings shall be venued exclusively in the Superior Court of the State of New Jersey.
13. No Waiver
14. Comments and Feedback
For comments and feedback, please email us at customerservice@Rozgo.com. We welcome your communication and
look forward to assisting you.