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The Small Print

Welcome to our website! If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our additional policies govern fiveofthecoolest's relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please do not use our website.

This section sets out our policy information on:

  1. General Terms and Conditions of Use 
  2. Privacy Statement 
  3. Copyright Statement
  4. User Accounts - Passwords 
  5. Taxes, Customs and Additional Charges
  6. Limitation of Liability
  7. Entire Agreement 

Please take time to read this information thoroughly as it contains important information about the use or this site and your personal data.

Definitions

"this site" = fiveofthecoolest.com

"our services" = services of fiveofthecoolest.com

1.  General Terms and Conditions of Use

Welcome to our website! If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern fiveofthecoolest's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

1.1  What we do and How we do it

Fiveofthecoolest is a lifestyle promotion site which connects people who want to buy items "buyers" with those who want to sell them "sellers" through our website and associated applications.   We are not a retailer in the traditional sense but a retail facilitator and all of our goods and services are delivered directly from 3rd parties.   While we have taken every reasonable step to assure the quality of goods and services available from third parties, your participation in purchase of the goods or service are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

1.2  Use of the Site 

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
  • You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

1.3  Information available on this site 

The information contained in this website is for general information purposes only. The information is provided by third party vendors and, while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, this site takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

2.   Privacy Statement

2.1 User Consent

By accessing or otherwise using this site, you agree to the terms and conditions of this Privacy Policy. You expressly consent to the processing of your Personal Information and Anonymous Information according to this Privacy Policy.

2.2 What Information do we Collect?

We collect information provided to us in the process of transacting with this site, which may include:

  • Your name and address
  • Demographic information
  • Payment information - for the purposes of processing your orders
  • Information collected via technology

2.3 Why we collect this information and what do we do with it? 

We requires this information to enable the effective delivery of our products to you, to understand your needs as a customer and to provide a better service to you.   

2.4 Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

2.5 Usage of Personal Information 

Your Personal Information may be processed and stored in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

Detailed Privacy Information 

2.6 Age Restriction

Children under the age of 16 are not permitted to use this site.  By using this site, you are representing that you are at least 16 years old.

2.7 Collection of Information - Personal Information that you provide to us 

  • In general, we collect Personal Information that you submit to us voluntarily.
  • We collect information that you submit in the process of creating or editing your account and user profile.
  • We collect information in the form of the content that you submit during your use of this site, such as photos, reviews, ratings and other information you choose to submit.
  • We may also collect information about you and your friends who use this site, from any social network you may have connected from, in order to provide you with a more personalized experience. 
  • We will also collect tranzactional information based on your activity on this site.
  • If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and other related information.
  • Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within this site.

2.8 Authentication

This site may require you to submit additional personal information to authenticate yourself where appropriate and reserve the right to decline to process transactions where, in our opinion, authentication of information is not satisfactory.  

2.9 Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.


2.10 E-mail and E-mail Addresses

If you send an e-mail to us, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use this e-mail address to contact you, for things such as promotional sales. You may indicate your preference to stop receiving further promotional communications as further detailed below.

2.11 Information Collected Via Technology

As you use this site, certain information may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, type of device, operating system, and the address of the referring website. We may also place small data files on your computer or other device. These data files may be cookies, pixel tags, Flash Cookies, Silverlight Cookies, or other local storage provided by your browser or associated applications ("Cookies").

We use these technologies to recognize you as a customer; customize Our Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our site.

We use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and viewed. In order to use the services of this site your web browser must accept Cookies. If you choose to disable Cookies, some aspects of this site may not work properly, and you may not be able to receive our Services. This type of information is collected to make our services more useful to you and to tailor the experience to meet your special interests and needs.

2.12 Marketing

We engage in remarketing to market our sites across the web. When a user visits our site, a cookie is placed on the user’s computer. Users with this cookie may be targeted across advertising networks to receive relevant advertisements. 

2.13 IP Address

An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We, or our service providers, may track your IP Address when you access this site to assist with ad targeting.

2.14 3rd Party Advertising

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on this site. These advertisers and ad servers may use Cookies and/or "Web Beacons" (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

This site may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. The ability to access information of third parties from this site, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

2.15 Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so.

In general, Personal Information you submit to us is used by us to provide you access to our services; to improve our services to you; to respond to your emails and other feedback; to provide customer service; to send you alerts, updates, administrative messages and otherwise facilitate your use of, and our administration and operation of, our services; to monitor and analyze usage and trends; to resolve disputes; to better tailor the features and site performance; collect fees; to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request; and for any other purpose for which the information was identified at the time of collection.

Additionally, we do share your content preferences and other information with the social network with which you have connected to this site, along with those companies and persons you have asked us to share your information with.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of this site and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. We require our third-party service providers to agree not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information (other than credit card information) with Merchants whose items you have purchased for their commercial purposes and to provision the item. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, do not use this site.

2.16 Anonymised Information for Analysis

Additionally, we may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of this site. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our discretion.

We may share some or all of your Personal Information with this sites' affiliated companies that are under a common control, in which case we will require them to honor this Privacy Policy.

2.17 Transfer of Information on Acquisition

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.

2.18 Disclosure by Law

By using this site and providing us with your Personal Information, you understand and agree that we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the our Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of this site, its users and the public. You hereby consent to us sharing your Personal Information under the circumstances described herein.

2.19 The Ability of Others to View Your Information

You understand that when you use this site, certain information you post or provide may be shared with other users and posted on publicly avaiable places on this site and including without limitation, social media applications and other public fora in which you choose to participate.

Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through this site that this information may become publicly available and may be collected and used by others, including people outside our community. We will not have any obligations with respect to any information that you post to parts of this site that are available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.

2.20 Your choices - opting out

We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us at support@fiveofthecoolest.com

Despite your indicated email marketing preferences, we may send you administrative emails regarding our services, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy.

2.21 Copies of your personal information 

You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information which you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.

2.22 Security

We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, you acknowledge that no company, including us, can fully eliminate security risks associated with Personal Information.

2.23 Contact and Revisions

If you have questions or concerns about our Privacy Policy, please contact us.  This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page and send an email to registered users. If you object to any such changes, you must cease using this site.  Continued use of this site, following notice of any such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

2.24 3rd Party Hosting 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

2.25  Payment Processing
If you choose a direct payment gateway to complete your purchase, then Shopify and their 3rd party service providers, stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.  PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

3.   Copyright Statement

This website and its content is copyright of fiveofthecoolest© All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

4.  User Accounts - Passwords

You are responsible for safeguarding the password that you use to access our services. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify us of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.  This site not liable for any loss or damage arising from your failure to comply with the above requirements.

5.  Taxes, Customs and Additional Charges

Because Buyers and Sellers may be located in separate and applicable tax jurisdictions, a Purchase may be subject to local sales, Customs or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by or through the Services and this site cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

6.  Limitation of Liability

To the maximum extent permitted by Applicable Law this site its subsidiaries, affiliates, officers, employees, agents, partners are not liable for any direct,, Incidental, Special, Consequential or Punitive Damages, including and without limitation consequential loss of profits, data use, goodwill, or other intangible losses, resulting from:   (i) your access to or use of or inability to access or use the services  (ii) any conduct or content of any 3rd part on the services including without limitation, any defamatory offensive, or illegal conduct of other users or third parties (iii) any content obtained from the services (iv) any items purchased through the services; whether based on warranty, contract, tort including negligence) or any other legal theory, whether or not this site has been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.  Under no circumstances will this sites total liability to you from all causes of action and under all theories of liability exceed $50.

7.  Entire Agreement 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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