Terms & Conditions

Philosophy

Zyleme is dedicated to protecting the privacy of your personal information. "Personal information" includes information about you by which you may be personally identified, including, for example, your name, address, email address, telephone number, age, gender, date of birth, account numbers, VAT/Tax ID, and financial and payment information. This Privacy Policy does not apply to the practices of companies that Zyleme does not own or control, or to people whom Zyleme does not employ or manage, including any third party advertisers or other websites that may link to or be accessible from the Website

Policy Changes

Zyleme reserves the right to modify this Privacy Policy at any time and without prior notice. All changes to this Privacy Policy will be effective immediately upon being posted to the Website. We will notify you of any material changes to this Privacy Policy by conspicuously posting the changes on the Website. By continuing to use the Website after we change the terms of this Privacy Policy, you consent to those changes. It is your responsibility to periodically check the Website and this Privacy Policy for changes.

Zyleme prohibits any illegal activity by its Members. Any charges incurred, for legaladvice or otherwise, by Zyleme in connection with the enforcement of the law against aMember or a potential Member will be the financial responsibility of the Member or thepotential Member. See Indemnification section below for further details. Membershipstarts the day the Member's application is received by Zyleme. Zyleme cannot arrangefor any shipments until all required documentation is received. The Member representsand warrants that he/she is responsible for complying with all known applicable exportand import control laws and regulations in the order and receipt of merchandise andmail under the terms of this Agreemen

User Guidelines

You agree to adhere to the following guidelines when using this Website

• You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  
  1. You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
  2. You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
  3. You may not publish, post, advertise, distribute, disseminate, or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.
  4. You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
• You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
• You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
• You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
• You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  
  1. You may not provide personal information, as that term is defined in the Privacy Policy, of another person without his or her express permission.
  2. You may not provide personal information of individuals under the age of 13.
• You may not access or attempt to access Zyleme's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
• You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
  
  1. You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
  2. You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  4. You may not use any device, software, or routine that interferes with the proper working of the Website.
  5. You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Please do not post any personal information, as that term is defined in the Privacy Policy, on publicly accessible areas of the Website. If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Zyleme a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever

Terms Of Service

• Zyleme will provide the Member with an address number at our warehouse facility in the United States at which the Member can have merchandise delivered prior to export.
  
  1. Zyleme's services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, Zyleme arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Zyleme does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Zyleme will be opened by representatives of the company.
  2. Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Zyleme Member.
• The Member authorizes Zyleme to charge his/her payment method for all services and/or account activity with Zyleme. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
• If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Zyleme to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of GHS 3,000 in the aggregate, the Company may either charge the Member's credit card
  
  1. one time for GHS 3,000,
  2. three times for GHS 1,000 each or
  3. any other combination that in the aggregate equals GHS 3,000.
• Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
• Zyleme will allow active Members to store their merchandise for up to 30 days at no charge. After 30 days, the Member agrees to pay storage charges per box per day, consistent with Zyleme's current schedule of fees.
• Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.
• Insurance costs for shipments of merchandise are based on the insured value. Each $100 of insured value costs $5. The insured value is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value
• Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Zyleme. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Zyleme is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Zyleme for damage or loss caused to any items before delivery to Zyleme or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.
• If a Member's account charges become delinquent for more than thirty (30) days, Zyleme may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
• Title to any items that cannot be exported after arrival at the Zyleme facility will be forfeited by the Member. Zyleme will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
• The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Zyleme warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Zyleme warehouse.
• If a Member's account charges become delinquent for more than 30 days, Zyleme may, at its sole discretion, cancel the Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
• Each package received by Zyleme with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with Zyleme's current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member's unique address that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
• All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with Zyleme's current schedule of fees. Package orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with Zyleme's current schedule of fees, for each 15 day period that an order remains past due.
• The Member's Zyleme suite number is to be used only for package consolidation purposes. The Member will not represent that its Zyleme suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Zyleme address is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's Zyleme account.
• The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Zyleme is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
• The Member also is responsible for informing the seller that any merchandise purchased and sent to Zyleme's facility ultimately will be exported out of the United States. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Zyleme by the seller.

Prohibited and Restricted Items

• The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
  
  1. Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
  2. Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
  3. Hazardous materials (matches, chemicals, explosives)
  4. Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
  5. Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
  6. Coffee (restricted to some destinations)
  7. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Zyleme may not be returned to or resold in the United States.
  8. Animals and products made with animal skin (furs).
  9. Alcohol (Zyleme may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities).
  10. .Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) may be restricted and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit.
  11. Lottery tickets and gambling devices.
  12. Prescription and/or veterinary medication.
  13. Pornography
  14. Lock picking devices
  15. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
• The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. Members also understand that Zyleme is not responsible for the loss of any software and/or data.
• The Member acknowledges that Zyleme will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Zyleme. The Member also acknowledges that Zyleme does not allow for the use of exemptions under the ITAR.
• The Member is responsible for confirming that prohibited items listed are not sent to Zyleme. Zyleme reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).

Fraud Prevention

• Zyleme uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, Zyleme WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Zyleme immediately, and Zyleme will cancel such an account
• You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to Zyleme is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the appropriate authority for making false or fraudulent statements with respect to such information.

Indemnification

• The Member agrees that he/she will remain liable for and indemnify, defend, andhold harmless Zyleme and its shareholders, officers, directors, agents, partners,employees and independent contractors, at all times from the date hereof, fromand against any and all claims, actions, damages, awards, liabilities, losses(including consequential losses), judgments, penalties, interest, fines, expenses,and/or other costs (including attorneys' charges and court costs) arising byreason of the execution hereof or the consummation of the transactionscontemplated hereby, including without limitation those arising from or relating to:
  
  1. any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
  2. any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
  3. any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
  4. Zyleme's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Zyleme;
  5. the Member providing to Zyleme any incomplete or false information; and
  6. the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
• The Member acknowledges that the foregoing provisions are a material inducement for Zyleme to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.

Severability

Any use in contravention of this provision or any provision of this Agreement is at yourown risk and, if any part of this Agreement is invalid or unenforceable under applicablelaw, the invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the original provision andthe remainder of the agreement shall govern such use.

No Legal Relationship

You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Zyleme as a result of this Agreement or your use of this Website.

Entire Agreement

This Agreement constitutes the entire agreement between you and Zyleme with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zyleme with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.