1. General:

This website is owned and operated by “SpicyTropics.Com” (hereinafter called “We/we”, or “Us/us” or “Our/our”). Our Terms of Use (“terms”) govern your access to and use of the website and these terms form a legally binding agreement between you and us, effective as of the date you access, and use the website. Should you agree to these terms and continue your use of the website, you will be referred to herein as either you, your, yours, user, etc.

If you are an individual acting on behalf of a company or other entity, you represent that you are duly authorized to bind that entity and accept these terms on its behalf. If you are an individual accepting these terms on your behalf, you represent that you are at least 16 years of age and are legally capable to enter into and being bound by these terms. You may be accessing the website from either your computer or mobile phone device (iOS or Android) or laptop or any other device and these terms help define our relationship with you as you interact with our website.

The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons or entities who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. When you access or use our website, you will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such use. If you do not agree to be bound by the terms, then you shall not use or access the website.

2. Registration:

In order to access and use the website, you shall first register or signup for the website by creating an account on the website and becoming a registered user. You may also access, use, and make purchases on the website as a guest, visitor, or unregistered user. However, registration of an account on the website is always recommended as it provides you access to more features on the website compared to an unregistered user.

For the registration process, you will be required to furnish certain information and details about yourself including your email id, phone number, postal address, and payment information. You will also be required to enter a user id and password for the account registration. You shall be responsible for maintaining the confidentiality of your user id and password and shall be responsible for all activities that occur under your user id and password. If you provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate or block your access or usage of the website. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By creating an account, you agree to provide accurate, current, and complete account information about yourself; maintain and promptly update from time to time as necessary your account information; maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and immediately notify us if you discover or otherwise suspect any security breaches related to the website, or your account. You shall not create multiple accounts on the website with the owner or operator behind such an account being the same individual or entity.

3. Product(s):

Product(s) means any goods that we make available on the website for display and sale. We make every effort to display as accurately as possible the colors, features, specifications, and details of the product(s) available on the website. However, we do not guarantee that the colors, features, specifications, and details of the product(s) will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the product(s). All product(s) are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product(s) at any time for any reason. Prices for all product(s) are subject to change.

4. Purchases & payment:

To purchase our product(s), you can use payment methods such as Visa, Mastercard, and PayPal and such payment methods are subject to changes from time to time. You agree to provide current, complete, and accurate purchase and account information for all the purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable taxes will be added to the price of purchases. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. Return, refund, and exchange policy:

Please review our “Return, Refund, and Exchange Policy” posted on the website prior to making any purchases.

6. Shipping policy:

Please review our “Shipping Policy” posted on the website prior to making any purchases.

7. Acceptable use:
You shall visit, access, and use the website only for legitimate purposes. You shall not use the website for any unlawful purpose or any purpose prohibited under this clause. You shall not use the website in any way that could damage the website or our general business.
The website shall not be used (indicative only and not exhaustive):

1. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect its functionality or operation;
2. to collect or track the personal information of others or unlawfully gather information about others;
3. to damage, disable, overburden, or impair the website;
4. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
5.  to spam, phish, pharm, pretext, spider, crawl, or scrape the website for any obscene or immoral purpose;
   
6. to interfere with or circumvent the security features of the website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network; 
7. to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website;
8. to infringe on our or third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
9.  to perpetrate any fraud;
10.  to solicit others to perform or participate in any unlawful acts;
11.  to violate any local, state, national or international law, statute, ordinance, or regulation;
12. to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing indecent, abusive obscene, lewd and lascivious, or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
13.  to post any obscene or defamatory material;
14. to post any material that incites violence, hate, or discrimination towards any group;
15.  to harass, abuse, or threaten others or otherwise violate any person’s legal rights;
16. to harass, abuse, insult, threaten, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion ethnicity, race, age, national origin, or disability.

We reserve the right to terminate your use of the website for violating any of the prohibited uses.

8. Modification & variation:

We may, from time to time and at any time without notice to you, modify these terms.  We shall be entitled to the right to modify these terms or revise anything contained herein. All the modifications to these terms are in full force and effect immediately upon posting on the website and that modifications or variations shall replace any prior version of these terms unless prior versions are specifically referred to or incorporated into the latest modification or variation of these terms. It is expected from you to routinely monitor these terms and refer to the Effective Date posted at the top of these terms to note modifications or variations. Your continued use of the website after any modifications to these terms is a manifestation of your continued assent to these terms. In the event that you fail to monitor any modifications to or variations of these terms, then such a failure shall be considered as an affirmative waiver of your rights to review the modified terms. There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

9. Website interruptions:

We may need to interrupt your access to the website to perform maintenance or emergency service on a scheduled or unscheduled basis. Your access to the website may be affected by unanticipated or unscheduled downtime, for any reason. We shall have no liability for any damage or loss caused as a result of such downtime.

10. Our content:

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are exclusively owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. You agree not to take any action(s) inconsistent with such ownership interests.

The Content and the Marks are provided on the website “AS IS” for your information and personal use only. Except as expressly provided in these terms, no part of the website and no Content or Marks shall be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the website, you are granted a limited, non-exclusive, non-transferable, revocable, non-sub licensable license and personal license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content and the Marks.

11. User-generated contributions:

The website may invite you to chat, contribute to, or participate in blogs, message boards, online discussion forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). 

Contributions may be viewable by other users of the website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1.  the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
   
2.  you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the website, and other users of the website to use your Contributions in any manner contemplated by the website and these terms;
3.  you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the website and these terms;
4. your Contributions are not false, inaccurate, or misleading;
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
9. your Contributions do not violate any applicable law, regulation, or rule;
10. your Contributions do not violate the privacy or publicity rights of any third party;
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 16 or exploits people under the age of 16 in a sexual or violent manner;
12. your Contributions do not violate any federal or state law concerning child pornography, or are otherwise intended to protect the health or well-being of minors;
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
14. your Contributions do not otherwise violate or link to material that violates any provision of these terms, or any applicable law or regulation.
    

Any use of the website in violation of the foregoing violates these terms and may result in, among other things, termination or suspension of your rights to use the website.

12. Contribution license:

By posting your Contributions to any part of the website [or making Contributions accessible to the website or by linking your account from the website to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channel. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant those moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the website.

You are solely responsible for your Contributions to the website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (i) to edit, redact, or otherwise change any Contributions; (ii) to re-categorize any Contributions to place them in more appropriate locations on the website; and (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

13.  Submissions:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights in any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

14. Guidelines for reviews:

We may provide you with areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. you should have first-hand experience with the product(s) being reviewed and rated
   
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you may not post any false or misleading statements;
7. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

15. Third-party websites and content:

The website may contain (or you may be sent via the website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these terms no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. Website management:

We reserve the right, but not the obligation, to do any of the following, including and not limited to:

1. monitor the website for violations of these terms;
   
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
4. otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
   

17. Assumption of risk:

Any information posted on the website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. Your purchase of any of the product(s) on the website shall be at your own risk. We shall not assume responsibility or liability for any advice or other information given on the website.

18. Liability:

We shall not be liable for any direct, indirect, special, incidental, or consequential loss or damage, whether based on contract or tort or any other legal theory, arising out of your access or use of the website or your action or inaction under these terms, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, shall in no event exceed the total amount or cost, or price of the product(s) purchased by you on the website. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. However, in the jurisdictions wherein such exclusions or limitations are permitted then the exclusions or limitations shall apply to the fullest extent permitted by law.

19. Indemnity:

You shall defend, indemnify, and hold us harmless from and against any costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney fees arising out of or resulting from the actions or inactions or omissions or breach or falsity or violation, or inaccuracy of or in any representation, warranty, obligation, or covenant made by you under these terms for which you would be liable in law or equity.

20. Disclaimer of warranties:

We do not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the website will be accurate or reliable. You must understand that from time to time we may stop or restrict our website for indefinite periods of time or cancel the same at any time, without prior notice to you, under different circumstances. You expressly agree that your use of, or inability to use the website is solely at your own risk. All the product(s) displayed for sale through the website are (except as expressly stated by us) provided on an ‘AS IS’ and ‘AS AVAILABLE basis for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

21. No agency, partnership, or joint venture:

You shall at all times remain an independent contractor. No agency, partnership, or joint venture has been created between you and us as a result of these terms. Neither you nor us has any authority to bind each other to any third party.

22. Transfer, assignment, or delegation:

Unless otherwise stated herein, these terms, and any rights and obligations and licenses granted hereunder, are limited, non-transferable, revocable, non-exclusive, and personal to you and therefore shall not be transferred, assigned, or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of our affiliates, or to any successor in interest of any business associated with the website.

23. Severability:

If any provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision shall either be modified to reflect the parties’ intention or completely deleted and the other provisions of these terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

24. Termination & suspension:

We may terminate the applicability of these terms with you at any time for any reason, with or without cause. We specifically reserve the right to terminate these terms or suspend your account on the website permanently or block your access (including blocking certain Ip addresses), if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or breach of any representation, warranty, or covenant. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. If you are a registered user on the website then you may also terminate the applicability of these terms by not accessing or using the website, or by deleting your account at any time by contacting us and requesting deletion. Please keep in mind that any outstanding payment will still be due either for credit or debit, as the case may be, even after the termination of your account. At the termination of these terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect and such terms will be specified by us to which you shall comply with.

25. Privacy:

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these terms.

26. Waiver:

No waiver provided by us for any of your defaults shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these terms. All the waivers provided by us shall be valid only if provided in writing.

27. Headings:

The numbering and headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of these terms, nor shall such headings otherwise be given any legal effect.

28. Electronic communications, transactions, and signatures:

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the website, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. Force majeure:

Neither we nor you shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labour stoppage, war or military hostilities, pandemic, lockdown, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.

30. Governing law & dispute resolution:

These terms shall be governed, construed, enforced, and interpreted exclusively in accordance with Spanish Law. If in case, any controversy or conflict, or dispute or claim or issue or difference or question [“Dispute(s)”] of any nature between the parties, arising out of or in connection or in relation to these terms, the Parties shall spend at least 15 days to try and use all means to amicably resolve that Dispute(s). In the event of failure to resolve such Dispute(s) through the means specified in the preceding sentence then any such Dispute(s) arising out of or in connection with these terms or in relation to the terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be subject to the exclusive jurisdiction of the courts of Malaga without prejudice to your rights to take legal action at your place of residence. The courts and tribunals of the place of residence or domicile of the consumer will be competent in disputes that affect consumers.

31. Entirety:

Except as they may be supplemented by our additional terms, policies, guidelines, standards, or terms for a specific product(s) or offering, these terms constitute the entire and exclusive understanding and agreement between you and us regarding the use of the website, and these terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the use of the website. You agree that these terms shall not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms and the lack of signing by the parties hereto to execute these terms.

32. Contact:

You agree that the communications sent to you by us shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. If you have any questions, would like to provide feedback, or would like more information about us, please feel free to email us at Privacy@SpicyTropics.Com.