Terms and Conditions
Welcome to the Mikom Site (the “Site”). This Agreement is made between Mikom, Inc., a Florida corporation and its subsidiaries, and you. These Terms & Conditions (Terms) are applicable as between you and the specific Mikom entity designated as the point of contact for customers in your jurisdiction (the location is based on the customer IP address/billing address/shipping address/self-selection/address linked to account, etc. at the moment of online purchase).
Mikom Inc. or any of their affiliates (each "Mikom," "We," "Us" or "Our") provides ecommerce solutions for the electronic distribution of software and services, including, without limitation, purchases for licenses of software and digital content, such as download links, license keys, electronic codes, software as a service, subscriptions, eBooks and back-up media products (the "Products"), thereby enabling manufacturers, distributors, owners, software and shareware authors, and others worldwide to sell or license their Products online.
YOU ARE RESPONSIBLE FOR CHECKING THESE TERMS PERIODICALLY FOR ANY CHANGES.
1. Registration and Supply of Information
You may need to register on the Site in order to use certain of the Site functions. If you just want to browse the Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address, username and password and other details. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. If you do use your own name on the Site, you consent to it being passed to others by use of certain of the functions of Mikom and the Site such as blogs or forums. Mikom reserves the right to reject or remove any username or name.
For certain functions, such as the sale or purchase of products and services, you are required to provide your name, address and billing and credit card information. For other functions such as shopper support or merchant support you may be required to give details of your name, address, email, Mikom account or product order in order to obtain assistance. In all such cases you are required to provide accurate and complete information.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform Mikom immediately in writing of any unauthorized use of your account or password, or any other related security breach. You may be held liable for losses incurred by us or any other user of the Site due to someone else using your password or customer account.
Mikom cannot guarantee that the Products are in stock. Mikom reserves the right to reject Your submission of an order to purchase Products ("Order") at any time and without any liability. We shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).
Promptly following any rejection of Your Order, Mikom will refund any prior payments that You have made for the Products included in that Order.
You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow Mikom to fulfill Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information.
If You provide any information that is untrue, inaccurate, or incomplete, or if Mikom has reason to believe that the information You provided is untrue, inaccurate, or incomplete, Avangate may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Products; and/or (c) terminate this Agreement.
You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify us of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You.
You consent to the use of electronic communications in transacting business with us, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with Mikom, You will need to provide us with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You shall not use this Website to place any Orders, and any notices and documents from Mikom will be provided to You on paper.
3. Price and Payment
Prices are as specified on the Website; however, Mikom reserves the right to adjust prices in its sole discretion due to increases in costs (including, without limitation, delivery costs or costs of any materials), the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or any programming, data or other errors. Prices for the Products are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.
Prior to Product delivery, Mikom will notify You in writing via email of any price increases (a "Notification Email"). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email. If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Product as set forth in the Notification Email.
You shall make payment for Your Order prior to Product delivery and by one of the methods that are indicated on the Website. When You place Your Order, Mikom will charge the credit or debit card that You provided to Mikom. If You do not pay applicable taxes to Mikom for the Product, You must report and pay any applicable taxes to the appropriate governmental agencies.
Mikom reserves the right to verify Your credit or debit card payments. In case of any non-payment to Mikom following Product delivery, we may, without notification to You, transmit claims to the parties for which Mikom acted as a reseller (the "Vendor"), and the Vendor or Mikom shall have the right to repossess and resell such Products, and You hereby grant Mikom, the Vendor, and their designated agents all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the Products, or otherwise repossess or reclaim the Products from You.
As between You and Mikom, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.
All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Products will be delivered by a given date.
Delivery will be made to the address You provided to Mikom for Your Order. You must immediately notify us. Mikom reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.
5. Risk of Loss
All risk of loss for the Products shall pass to You upon delivery of the Products to the location specified in Your Order (even if no signature is required for delivery). For the avoidance of doubt, the delivery of downloaded Products occurs when the Products are downloaded. If You should refuse or fail to take delivery of the Products, all risk of loss for the Products will thereupon pass to You and, upon the demand of Mikom, You shall pay Mikom for the Products plus any additional amounts incurred by Mikom as a result of Your refusal or failure to take delivery of the Products, including, without limitation, attempting delivery of the Products by any reasonable means, or storing the Products. Mikom will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.
Title to the Products (or, if licensed, Your copy of the Products) will pass to You when Mikom receives payment in full for the Products (including, without limitation, any interest and other amounts due for the Products).
From time to time, Mikom or a third party engaged by Mikom may request feedback and other information from You about such topics as the Products or Your experiences with the Products ("Feedback"). Providing Mikom with Feedback is optional. By providing Feedback to Mikom, You grant Mikom a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by Mikom in its sole discretion. We may also use the Feedback in anonymous and aggregate reviews.
8. Warranty Disclaimer
Legal guarantee for tangible good is 2 years. To exercise your right for a guarantee please send a written request to Mikom. If your Product is a digital product or intangible good you are entitle to cancel your order in 15 days.
9. Automatic Renewal
With respect to certain of the Products, We may provide You with an option to automatically renew the Product license or subscription. If You elect automatic renewal, each renewal term for the Products will be equal in duration to the initial term for such Products. At any time during a renewal term, You may elect to not renew the Product license or subscription for the forthcoming renewal term, in which case this Agreement with regard to such non-renewed Products shall be terminated upon the expiration of the then-current renewal term. Upon any termination of this Agreement, You shall uninstall and destroy all copies of the Products and discontinue all use of the Products, unless and only to the extent You are permitted by the EULA or applicable law to retain copies of the Products.
Upon delivery of the Products, You should inspect the Products and verify that the Products as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.
Within fifteen (15) days after the Products are delivered, You must provide written notice to Mikom if any of the Products as delivered are not in accordance with Your Order. Such written notice shall be sent by You to Mikom. If delivery of such Products was made by the Vendor of the Products, You must also, within said fifteen (15) days, provide written notice to that party in accordance with the terms of the EULA.
In addition to and not in lieu of other rights, Mikom may, upon written notice to You via email, suspend or cancel Your Order for delivery of the Products, use electronic self-help means to terminate Your ability to access the Products (if permitted by applicable law), or terminate this Agreement, if:
- any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation, dissolution, receivership (administrative or otherwise), distress or execution;
- You become insolvent or We deem You unable to pay Your debts as they come due;
- anything similar to the foregoing occurs;
- You fail to comply with any terms and conditions of this Agreement or the EULA.
All refund and exchange requests are managed by Mikom and are made pursuant to the Mikom Refund Policy, which refund policy is hereby incorporated into this Agreement by reference.
14. Governing Law
1. With regard to the Products You purchased from Mikom Inc.:
this Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Florida, without giving effect to any conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded;
the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate Broward County Court of Florida and You hereby consent to the exclusive jurisdiction of such courts; and You and Mikom Inc. expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court.
2. You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Mikom irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, Mikom shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.
Any notice to Mikom that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the applicable Mikom office identified in the "Contact Us" section of the Website, five (5) Business Days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number identified in the "Contact Us" section of the Website, upon Your receipt of electronic confirmation thereof; (c) if sent by email to firstname.lastname@example.org, upon Mikom's receipt of the email; or (d) if sent by next day delivery service to the address identified in the "Contact Us" section of the Website, upon such delivery.
Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for You, five (5) Business Days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for You, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for You, upon such delivery.
With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:
Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.
All disputes that have not been resolved by the designated representatives within thirty (30) days after said initial written request by one of the parties to appoint a designated representative, shall be resolved by the courts specified, upon the filing of an action by either party with said courts; and the courts specified with regard to the Products You purchased from Mikom Inc., upon the filing of an action by either party with said courts.
Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys' fees, from the other party.
17. Age of Users
The Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age and/or otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If Mikom finds that you do not have the legal authority to bind such corporate entity, in addition to other remedies, you will be personally responsible for the obligations and legal liabilities contained herein, including, but not limited to, any payment obligations. We shall not be liable for any loss or claims resulting from Mikom’s reliance on any instruction, notice, document or communication reasonably believed by Mikom to be genuine and originating from an authorized representative of such corporate entity. If we have reasonable doubts of the authority of any instruction notice, document or communication, Mikom reserves the right to require additional authentication from you.
1. Mikom's failure or delay in the performance of any of its obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond Mikom's reasonable control.
2. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect. Your Order and this Agreement set forth the entire understanding between You and Mikom relating to the subject matter of Your Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any Order, the terms and conditions of this Agreement shall prevail. You agree that the terms and conditions of any purchase order, shrinkwrap, clickwrap, browse-wrap or other documents (even if accepted by Mikom) used by You in connection with the Products or this Agreement shall be for administrative purposes only and shall have no legal force or effect, notwithstanding any language to the contrary in any such documents.
3. Avangate reserves the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by Mikom in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by Mikom of any provision of this Agreement.
4. Your Order and this Agreement are personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part, without the prior written consent of Mikom. Any attempted assignment or delegation by You shall be voidable ab initio by Mikom. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
5. This Agreement shall not be construed as creating any agency, partnership or joint venture between Mikom and You.
6. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words "shall," "agree" and "will" are mandatory, the word "may" is permissive, the word "or" is not exclusive, and the singular includes the plural and vice versa. "Business Day" shall mean Monday through Friday, excluding New Year's Day, Christmas Day, and other Mikom holidays. All time period references in the Agreement to "days" other than "Business Days" shall be deemed to refer to calendar days. All references to "days" or "Business Days" shall mean consecutive days or Business Days. This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.
19. Additional Terms and Conditions; EULAs, Payment Data & PCI DSS
When you use Mikom’s Reseller Services to make a purchase either on our own website or those hosted by third parties using the Mikom checkout pages, ownership of your purchase will first be transferred to us before your order is delivered to you.
By assuming ownership of the products you purchase using the Mikom website, we take primary responsibility for delivery of your purchase and for providing you with customer service and warranty protections connected to these products. We may do this with assistance from the sellers who use our website to facilitate payment of your purchase to the extent permitted by applicable law. As a shopper on our site, Your purchase may be governed as applicable by certain laws of the United States.
We will work with You and any third party provider using our Services to resolve any disputes arising from your purchase.
For customer service inquiries, payment questions or disputes, You may contact us by email at email@example.com.
Your purchase of any digital content may also require you to accept one or more End-User License Agreements (or “EULAs”) which contain specific terms set by the supplier. You will be bound by the terms of any EULA applicable to your purchase.
The terms between Mikom and third party sellers are governed by separate agreements and are not subject to the Terms on this website.
As required by law in the US and/or EU, Mikom may have responsibility for the value added tax (VAT) on your purchase.
20. U.S. Government End Users/Restricted Rights
The Product is a "commercial item," as that term is defined in 48 C.F.R. § II.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 1II.212 or 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, as applicable. Consistent with 48 C.F.R. § 1II.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Product is being licensed to all end users of the U.S. Government or any of its agencies as commercial items only and with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement and the EULA. Product manufacturer is as stated in the Order confirmation or EULA.
Where shopper’s cardholder payment data is transmitted, processed, or stored through the Payment Services, Mikom acknowledges that it shall be responsible for the security of such data in accordance with applicable PCI DSS requirements.
Mikom routinely backs up transaction information on its servers in the US and by using Mikom Services you agree for relevant transaction information to be stored on such servers and agree to the transfer/export of data from the country or territory from where you are conducting the transaction to our data servers. For further information on this provision please contact us at: firstname.lastname@example.org.
We may discontinue or change any Mikom content, service, function or feature at any time with or without notice.
23. Proper Use of This Site
When you use any of our blogs, forums or other social and communications functions, you agree at all times to comply with all relevant usage requirements. You agree to use Mikom for lawful purposes only and may use the Site only in ways consistent with the law.
You may not:
Use any program, spider or “bot” to gather, collect or “harvest” information from the Site.
Use anyone else’s password or customer account at any time or attempt to gain unauthorized access to the Site
Infiltrate, hack, or otherwise attempt to again unauthorized access to or comprise the integrity and/or security of the Site or servers, connected services or networks including any personal or payment information. Attempt to disrupt, interfere, or slow down the Site, or servers, connected services or networks, breach or attempt to access the security of the Site, networks, servers, data, computers etc., relating to the Site or of any third party hosting, supplying or working with the Site.
Duplicate, copy, insert into frames or otherwise exploit the Site and/or its contents for any gain or to effect any deception or phishing, or impersonate any Mikom representative or client.
Use any hyperlink to the Site to show Mikom or its users, suppliers, customers or their products in an untruthful, derogatory or offensive manner.
Upload to the site any virus, Trojan, harmful or malicious code or malware, or cause or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any servers, connected services or networks. h) Use the Site for purposes of competitive intelligence. If you access the Site and replicate on a competitive service any of the Site’s features, any portion of the Site’s user interface, or any other intellectual property displayed on the Site, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by such competitive service after the date material was copied from the Site.
24. Proprietary Rights
We reserve all rights under intellectual property law in Mikom, the Payment Services, Mikom trademarks and proprietary information, and in any content that is on the Site. Except as Mikom may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Mikom or its suppliers on the Site without our express prior written consent.
We may change the Terms at any time and such terms shall come in effect immediately as set out above.
26. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning Mikom or this Site electronically, including notice to any email address that you may provide. Any notice shall be deemed received by you upon our posting it to this Site.
27. Content That You Supply
Mikom may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.
If you choose to post any content on any blog, forum or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
28. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
29. Third Party Sites and Sellers/Product Suppliers
Mikom may include on its Site links to third party websites. You agree that we are not responsible or liable for any content or claims made on third party websites. Mikom is furthermore not responsible for examining, evaluating, nor providing any warranty for the offers made by any of these businesses or individuals on their own websites.
30. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
31. Limitation of Liability
YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. TO THE EXTENT PERMITTED BY LAW MIKOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
33. Severability and Integration
This contract and any supplemental agreements, terms, policies, rules and guidelines posted on this Site or signed by you constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable US law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms or any rules or guidelines posted on the Site or for any other reason in our discretion.
35. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the DMCA instructions on how to contact us to report possible copyright infringement.