Terms of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.lovemybanana.com.com website and the lovemybanana.com mobile application (together, or individually, the “Service”) operated by AKSOLOGY LLC (“us,” “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

GENERAL

These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively, the “Services”) operated by lovemybanana.com and its subsidiaries (collectively “lovemybanana.com” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”

COPYRIGHT

All content included in or made available through any lovemybanana.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of lovemybanana.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any lovemybanana.com Service is the exclusive property of lovemybanana.com and protected by US and international copyright laws.

TRADEMARKS

lovemybanana.com.com, the lovemybanana.com.com logo, and any other product or service name or slogan contained on the Service and in any Content are trademarks of lovemybanana.com.com and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of lovemybanana.com.com or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by lovemybanana.com.com.

LICENSE TO ACCESS AND USE

You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

YOUR ACCOUNT

Account Registration. You may register for and maintain an account to access additional features, such as voting on deals, posting comments, signing up for and receiving Rewards, and submitting your coupon deals to the Service. Your account is subject to the terms of the Privacy Policy. When you register, you agree to: (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to lovemybanana.com.com, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security.

We may terminate your use of the Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all content obtained from the Website and all copies thereof. The provisions of this Agreement concerning the Website security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.

Account Responsibilities. You are responsible for maintaining the confidentiality of your lovemybanana.com Account login information. You are fully responsible for all activities that are associated with your lovemybanana.com Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to lovemybanana.com). You agree to immediately notify lovemybanana.com of any unauthorized use or suspected unauthorized use of your lovemybanana.com Account or any other breach of security. When you provide lovemybanana.com with such notice, lovemybanana.com will suspend or otherwise secure your Account to prevent future unauthorized activity.

PAYMENT TERMS

For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). lovemybanana.com will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts within five days of the order date, and you hereby authorize us to do so. Your payment will be processed in USD$. If your order is being shipped to an address outside of the US, your total price may differ depending on variations in currency conversion rates and any foreign transaction fees applied by your payment provider. You will be solely responsible for payment of all taxes (other than taxes directly imposed on lovemybanana.com’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by lovemybanana.com. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Certain Products may be purchased using our Smart-pay option, which is described in more detail below.

ORDERS

Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We reserve the right to limit product quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, restrict or prohibit purchases of any products to resellers, dealers, and distributors. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

LINKS TO OTHER WEB SITES

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you choose to do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Idaho in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. lovemybanana.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant lovemybanana.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant lovemybanana.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify lovemybanana.com for all claims resulting from content you supply. lovemybanana.com has the right but not the obligation to monitor and edit or remove any activity or content. lovemybanana.com takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

lovemybanana.com attempts to be as accurate as possible. However, lovemybanana.com does not warrant that product descriptions or other content of any lovemybanana.com Service is accurate, complete, reliable, current, or error-free. If a product offered by lovemybanana.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on any lovemybanana.com Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.

With respect to items sold by lovemybanana.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by lovemybanana.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

To reserve the product for you, payments are charged at the time of purchase. In the event an item can’t be fulfilled, we will refund the full amount for that item.

OWNERSHIP OF PROPRIETARY RIGHTS

All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting therein and/or attached/connected/related to the Services or Feedback, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application “look and feel”, features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the “Company IPR”) are the property of Company and/or its respective affiliates which retain all right, title and interest in connection therewith. No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise. “Intellectual Property Rights” means worldwide, whether registered or not

THIRD PARTY CONTENT, PRODUCTS AND SERVICES

The Services contain content, links and references to third party services, products and resources. Company does not control the availability and content of those third-party services, products and resources. Any concerns regarding any such services, products or resources, or any content or link thereto, should be directed to the applicable third-party service, product, or resource provider. Links are provided only as an informational resource, simply as a service and only for your convenience. Company is not responsible or liable for such links and/or content. Should you leave the Services via a link contained herein and/or view content that is not provided by Company, you do so at your own risk and Company shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked sites, applications and content, we recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content. Some of the content and materials available through the Services may be provided by third parties. No reference made in the Services to any third-party content (including Submitted Materials and advertisements), product, process, service, payment portal, or provider of such product, process or service (“Third Party Content”) constitute or imply an endorsement, recommendation or favoring by Company. The Third-Party Content may include payment portals accessible through the Services, such payment portals, regardless of their framing, branding or design, are provided by third parties in respect of third party products and are made available through the Services solely for your convenience. Any opinions, advice, statements, content, services, products, lovemybanana.com or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Company and Company does not endorse, promote, solicit, recommend or sell them or any Third Party Content in any way nor shall Company be responsible or liable for any of the foregoing. Any product or service ordered in respect of Third Party Content is not ordered from Company, but from the applicable third party service or product provider. Company is not a party to any transaction in respect of sale or delivery of Third Party Content. Company is a mere conduit in respect of Third Party Content and provides a platform that may be used for information purposes only and for ease of access to third parties who market and sell such products. Company does not screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing. When you click on links to various merchants or providers on the Services and make a purchase, this can result in us earning a commission. Affiliate programs and affiliations include, but are not limited to, the Amazon Partner Network.

INTERNATIONAL USE

We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.

LIMITATION ON LIABILITY

To the fullest extent permitted by governing law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated lovemybanana.com, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

TERMINATION OF SERVICE

lovemybanana.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the What Can I Do to Control My Information section of the Privacy Policy and use the contact instructions for the particular property where you with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. lovemybanana.com may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the lovemybanana.com.com, its affiliates, licensors and service providers, and any and all respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any policy related to this Website for your use of the Website, including, but not limited to, any use of the Website’ s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

CHANGES TO THESE TERMS AND THE SITE

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

CONTACT US

If you have any questions or concerns regarding these Terms or your use of any Sites and Features or our Services, please contact us by using the “Contact Us” or similar contact link in the footer of any of the Sites.

 

Last updated: 19/5/2023