TERMS OF SERVICE

Current As Of:  08 October 2019

This website is operated by The National Guard Association of New Mexico. As a user of this website, you acknowledge that any use of this website including all transactions you make is subject to our terms and conditions below. Please read the information carefully, and if you do not agree to these terms of use, please refrain from using nganm.org.

1.  General

1.1 The National Guard Association of New Mexico reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. We may also email periodic reminders of our notices and conditions, unless you have instructed us not to.

1.2 Certain website services will require personal data such as name, billing address, and credit card information (this is not a comprehensive list) which will be subject to confirmation. Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at our sole discretion, are exclusive to you, non-transferable, and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.

2. Privacy Policy

The National Guard Association of New Mexico is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.

3.  Your Account

3.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us in the Checkout portion of the website, where we can ask you to Log In.

3.2 You must not use the The National Guard Association of New Mexico website: (i) in any way that causes any access to it to be interrupted, damaged, or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

3.3 We reserve the right to refuse service, terminate accounts, remove, or edit content if you are in breach of applicable laws, these Conditions of Use, or any other applicable terms and conditions, guidelines or policies.

4.  Order Process

4.1 The National Guard Association of New Mexico will send you an order acknowledgement email detailing the products you have ordered. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.

4.2 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders, please Contact Us.

5. Delivery

5.1 This website accepts international deliveries. All goods must be signed for by an adult aged 18 years or over on delivery.

5.2 Delivery charges and estimated timescales are specified in the checkout process and in the email acknowledgment received after placing an order. We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable due to unforeseen factors. The National Guard Association of New Mexico shall be under no liability for any delay or failure to deliver the products within estimated timescales.

5.3 Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you.

6. Payment

6.1 The National Guard Association of New Mexico takes payment from your credit card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.

6.2 To ensure that your credit card is not being used without your consent, we will validate name, address, and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed, and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.

6.3 Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund

6.4 All prices are shown in U.S. Dollar and include VAT (where applicable) at the applicable current rates, but exclude delivery charges, unless expressly stated otherwise.

6.5 The price of products can be changed more than once. By “original price,” we mean the original price displayed online on www.nganm.org or in the most recent, printed version of the full The National Guard Association of New Mexico catalogue (where the product was featured).

7. Email Policy and Confidentiality

7.1 Any The National Guard Association of New Mexico email and its contents are confidential and may be legally privileged. It is intended only for the named recipient(s). Access to emails by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

7.2 If an email is received in error, please contact The National Guard Association of New Mexico quoting the name of the sender and the addressee, then delete it from your system. Please note that neither The National Guard Association of New Mexico nor the sender accepts any responsibility for viruses arising or transmitted within email correspondence, it is the receiver’s responsibility to adequately scan any attachments.

8.  Intellectual Property

8.1 You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

8.2 The Site is owned by The National Guard Association of New Mexico. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“The National Guard Association of New Mexico Content”), is owned by The National Guard Association of New Mexico. All elements of the Site, including the The National Guard Association of New Mexico Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. You acknowledge and agree that the material and content contained within this website is made available for your personal, non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

9. Liability and Indemnity

9.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

9.2 Subject to Section 9.1 above, The National Guard Association of New Mexico will use reasonable endeavours to verify the accuracy of any information on the site, but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site, or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. The National Guard Association of New Mexico will not be responsible or liable to you for any loss of content, material uploaded, or transmitted through the website, and The National Guard Association of New Mexico accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

9.3 Subject to Section 9.1 above, other than as expressly provided in these terms and conditions with respect to specific products, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

9.4 Subject to Section 9.1 above, The National Guard Association of New Mexico will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

• loss of goodwill or reputation; or

• loss of privacy and loss of data; or

• special or indirect losses

• suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

9.5 Notwithstanding the above, subject to Section 9.1 The National Guard Association of New Mexico’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

9.6 This clause 9 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

9.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

10.  Linking Opportunities

10.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

10.2 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. These links are provided for your information only. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

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11.  EU Value Added Tax (VAT) 

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11.1 Value Added Tax (VAT) is the preferred transactional tax model in the EU and is equivalent of the USA sales tax. It differs from sales tax though as VAT is applied every time value is added.

11.2 The VAT collected on the final sales to any EU consumer is kept by the EU tax authority.

11.3 https://www.simplyvat.com comprises of a team of VAT experts to provide first class expertise in international VAT compliance in all European countries and other territories where local laws prevail.

12.  Jurisdiction and Applicable Law

12.1 Aside from the United States of America, the English courts will have jurisdiction over any claim arising from, or related to, a visit to our site in line with the General Data Protection Regulation (GDPR). These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 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 our site or to your downloading of any material posted on it, or on any website linked to it.

13.  Miscellaneous Provisions

13.1 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The National Guard Association of New Mexico.

13.2 The National Guard Association of New Mexico reserves the right to transfer, assign, novate, or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

13.3 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

13.4 No delay or failure by The National Guard Association of New Mexico to exercise any powers, rights, or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The National Guard Association of New Mexico.

13.5 These terms and conditions, including the documents or other sources referred to in these terms and conditions, supersede all prior representations understandings and agreements between you and The National Guard Association of New Mexico relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and The National Guard Association of New Mexico for your use of this website.

14.  Cookie Policy

The The National Guard Association of New Mexico website uses cookies to improve a user’s experience while visiting the website. Where applicable, this website uses a cookie control system that enables the user on their first visit to allow or disallow the use of cookies on their computer or device. This complies with the recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer or device.

Understanding Cookies

Cookies are unique identifiers or small text files that are saved to the user’s computers or device in order to track, save, and store information about the user’s interactions and usage of the website. This allows the website, through its server, to provide the users with a tailored experience within this website.

We may collect the following information:

• Name

• Contact information including email address

• Demographic information such as postcode, preferences, and interests

• Other information relevant to customer surveys and/or offers

We use cookies for specific purposes, including:

• Identifying you when you sign-in to our site. This allows us to provide you with product recommendations and display personalized content, among other customized features and services we provide

• Keeping track of items stored in your Shopping Basket

• Preventing fraudulent activity

• Improving security

• Conducting research and diagnostics to improve The National Guard Association of New Mexico’s content, products, and services

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics, which uses cookies to track visitor usage. The software will save a cookie to your computer or device to track and monitor your engagement and usage of the website, but will not store, save, or collect personal information. You can read Google’s privacy policy at http://www.google.com/privacy.html for further information.

Generally, any data collected by third-party tools will be retained for a maximum of 50 months.

By using the The National Guard Association of New Mexico website, you agree to our Cookie Policy and consent to the use of cookies and similar technologies by us and our carefully selected third party partners. Users are advised that if they wish to deny the use and saving of cookies from this website on to their computer and devices, they should take the necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors. However, if you block or otherwise reject The National Guard Association of New Mexico cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any The National Guard Association of New Mexico products and services that require you to Sign In, as it is an integral part of all ecommerce websites.

If you wish to find out more about cookies, we find this website quite helpful https://www.aboutcookies.org. This link will open in a new window. The National Guard Association of New Mexico is not responsible for the content of external websites.

Terms of Agreement

In compliance with the EU GDPR, by using the website, you agree to nganm.org’s policies and give your consent in the collection, processing, controlling, and potential disclosing of personal data.

Contact Us

If you have any concerns about of Terms of Service, please contact us at info@nganm.org with a thorough description and we will try to resolve the issue for you.