Consumer Terms

Introduction to the Services

These terms and conditions create a contract (“Agreement”) between you ("Buyer") and Gomry (as defined below) and govern your use of the Services.

Gomry is the Merchant of Record and authorised reseller of the Product for the Supplier, which means that you purchase the Product from Gomry using the Services, but the Product is licensed to you by the Supplier.

Please read the Agreement carefully. By placing an order with Gomry, you agree to the terms and conditions set out in both this Agreement and the Supplier Agreement.

WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN

If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law.

Definitions and interpretation

"Confidential Information"  means any commercial, financial or technical information; information relating to the Product; the Services; plans or strategy, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to this Agreement;

“Consumer”  means a Buyer who is purchasing the Product or using the Services wholly or mainly for their personal use;

“Digital Content” means data which is produced and supplied in digital form;

"Gomry"  meand Gomry, Inc whose office is at 16192 Coastal Highway, Lewes, DE 19958 and 

is also referred to in this Agreement as 'us', 'we', and 'our';

"Gomry Invoicing" means Gomry invoicing Buyers for the Product and collecting payment by bank transfer or other agreed payment method;

"Product"  means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement;

"Supplier"  means the licensor of the Product;

"Supplier Agreement" means the Supplier's terms and conditions in respect of the Product;

“Services”  means Gomry’s services through which you can buy, get, licence, rent or subscribe to the Product (and which for the avoidance doubt includes Gomry Invoicing); and

“Transaction”  means acquiring the Product via our Services for free or for a charge.

Contract Formation

By completing a Transaction through Gomry Invoicing, you make a binding offer to enter into a contract with Gomry, subject to the terms of this Agreement. The Transaction process consists of the following steps:

Step one: you select the desired Product and agree the terms of the Supplier Agreement;

Step two: your personal data, required for the Transaction, delivery of the Product and submitting invoices to you, is collected by us in accordance with the Privacy section below.

Step three: we will send you an email to the email address you provided in step two. The email will invite you to accept this Agreement and view the invoice for the Product.

Final step: You can pay the invoice for the Product by following the instructions on the invoice.

Your Agreement with Gomry is concluded upon the successful transmission of the Product and payment of the invoice in full, subject to the terms of this Agreement.

Software

Where any Product supplied is, or includes, software (“Software”), the Software is licensed by the relevant Supplier pursuant to the Supplier Agreement included with Software (or other applicable terms associated with non-Software Products, including recurring purchases or billing services) or otherwise agreed between you and the Supplier.

Payment, taxes and refunds

Gomry will charge your chosen payment method for any paid Transactions, including any applicable taxes according to the tax jurisdiction in which the Transaction is taken place. If you pre-order the Product, you’ll be charged upfront, during which time you can request a refund for whatever reason until the content is delivered, after which the standard refund policy applies.

You agree to receipt of all invoices and receipts in an electronic format, which includes email. Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the Product, your exclusive and sole remedy is either replacement of the Product or refund of the price paid, as determined by Gomry. When providing us with your information, you must ensure that it is up-to-date and accurate. Gomry will not be responsible for the event of non-receipt of the Product due to incorrect information being provided by you. To make amendments to your order, please contact us here. We reserve the right to not fulfil and to cancel orders if we do not receive payment.

Termination and Suspension of Services

If you fail, or Gomry suspects that you have failed, to comply with any of the provisions of this Agreement, Gomry may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the Product; and / or (iii) preclude your access to the Services. Gomry further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you, and Gomry will not be liable to you or to any third party should it exercise such rights. To the extent possible, Gomry will warn you in advance of any modification, suspension or discontinuance of the Service. Termination of the Service will not affect any rights accrued thereunder or the Product that you have already acquired.

Where Gomry suspects that fraudulent activities are being conducted by you, we have the right to cancel and block your usage of our Services without notice. Gomry may also liaise with relevant authorities for law enforcement and financial crime prevention reasons and pass your details on to authorities should evidence be found confirming malicious or fraudulent or other criminal activity.

Refund Policy

Refunds are provided at the sole discretion of Gomry and on a case-by-case basis and may be refused. Gomry will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Gomry to counterclaim the refund.

This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.

Payment by wire transfer 

It’s your responsibility to provide us with the correct payment details (your unique bank transfer reference number), Company VAT / sales tax code and order information to avoid delays in your order fulfilment, as we may be unable to reconcile or refund such transactions. Orders, where payments are made via wire transfer, are not protected under the CCA (Consumer Credit Act) and are therefore not eligible for a refund. However, in cases where the transaction amount, including sales tax or where the sales tax refund is above $ / £ / €100, you may be entitled to a refund including the sales tax you paid, at Gomry’s discretion.

Indirect Sales Tax refund policy

If you’ve been charged sales tax on your purchase and are registered for sales tax in the country of purchase, you may be entitled to a refund of the sales tax amount if permitted by the laws applicable in such country. Sales taxes include VAT, GST, Consumption Tax and others as applicable from time to time. For wire transfers, please refer to the Wire Transfer section above for more information regarding eligibility of sales tax refunds.

You must contact Gomry within 60 days after completing the purchase to be eligible for a sales tax refund. This refund will only be processed upon the provision of a valid sales tax code for your country.

All refund requests received after 60 days from the date of the Transaction will not be processed.

Subscriptions

The Services may allow you to purchase access to Product on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled. We’ll notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You’ll be charged between 00:00 and 01:00 (UTC) on the day the Paid Subscription period renews. If you wish to cancel your subscription, please contact us here at least 48 hours before the end of the current billing period. Please make sure you provide your order number and the email address used to purchase the Product. Your cancellation will take effect at the next payment date. There are no refunds on unused subscription periods.

Certain Paid Subscriptions may offer a free trial before charging you. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription before the expiration of the trial period by contacting us here. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Paid Subscription, you remain responsible for any uncollected amounts. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.

Contract Changes

Gomry reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and if accepted, will be effective immediately and will be incorporated into this Agreement and will apply to the purchase of any further Products through the Services. In the event you refuse to accept such changes, Gomry will have the right to terminate the Agreement.

Transfer to Supplier

This Agreement and Gomry’s rights and obligations under this Agreement will be transferred automatically to the Supplier upon receipt of a written notice from the Supplier requesting the transfer. In such circumstances:

The Supplier agrees to be bound by this Agreement in every way as if it were the original party to it in place of Gomry

You will perform the Agreement and be bound by its terms in every way as if the Supplier were the original party to it in place of Gomry.

Third party materials

Gomry is not responsible or liable for third party materials included within or linked from the Product or the Services.

Intellectual Property

You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Gomry and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Product in any manner, and you shall not exploit the Services in any manner not expressly authorised.

The Gomry name, the Gomry logo and other Gomry trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Gomry in the U.K. and other countries throughout the world, you are granted no right or license with respect to any of the aforesaid trademarks.

Copyright notice

If you believe that any Products available through the Services infringe a copyright claimed by you, please contact Gomry at info@gomry.co.

Responsibilities and Limitation of Liability

Gomry disclaims any and all warranties, express, implied or statutory regarding the Services to the full extent permitted by law and in particular does not warrant that:

i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure, and Gomry disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Product purchased, acquired or rented using the Service.

In no event will Gomry, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise.

You may have the benefit of a manufacturer’s, licensor’s or Supplier’s warranty with the Products supplied and you should refer to the relevant documentation supplied with the Product in this regard (including the Supplier Agreement).

Waiver and Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. Gomry's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive Gomry's right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of Gomry to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Confidentiality

The parties agree that any Confidential Information provided under this Agreement shall be held and maintained in strict confidence. Each party agrees to protect the confidentiality of such information in a manner consistent with the way a reasonable person would protect similar Confidential Information.

Privacy

Gomry will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Buyer data, as described in Gomry’s Privacy Policy which can be found at https://www.iubenda.com/privacy-policy/60718962/legal (or such other URL that Gomry may provide from time to time).

Disclaimer of Warranties and Assumption of Risks by You 

We strive to provide Services in the way you need them, but there are some things we can’t promise.

To the extent allowed under applicable laws, the Services (including the Beta Services, defined below) are provided on an "as is" and "as available" basis. Gomry expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:

the Services (or any portion of the Services) will meet your requirements or expectations;

the Services will be uninterrupted, timely, secure, or error-free; or

the results that may be obtained from the use of the Services will be accurate or reliable.

We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any User to complete a transaction. 

We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organizer chooses to assist with an event, or that you choose to use or contract with when using the Services.

You must assume risks that are inherent in attending live events.

Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

Most events on our platform are not hosted by Gomry, but if and when you participate in one that is, you assume all risks.

When you attend an event hosted by us, you waive any and all claims and causes of action against the Gomry Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your attendance of the event.

You may have an opportunity to try out certain beta services from time to time.

We may make available certain beta and other pre-release software, services, equipment, and related documentation, materials, and information to you from time to time, for your use on a voluntary basis, as part of an early-release, early-access program (collectively, the “Beta Services”) for the purposes of us gathering information and Users providing us with Feedback on the quality and usability of the Beta Services. The Beta Services may not meet the same level of performance as that of a commercially available product offering, and the Beta Services may not operate correctly and may be subject to substantial modification, including deprecation, during and after the period in which you may use them. We are not liable to you in connection with your use of our Beta Services, and we may revoke your access to the Beta Services at any time with or without reason or notice. 

he disclaimers will apply so long as they are allowed under law.

The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.

Governing law

This Agreement and the relationship between you and Gomry, and all Transactions shall be governed by and construed under the laws of the State of Delaware.