Purchase Terms and Conditions

  1. GENERAL
    1. In these Terms and Conditions of Purchase (“Purchase Terms”):
      1. “Customer” means an individual or a legal entity purchasing Product.
      2. “Malloc Inc.” means Malloc Inc. with its registered office at 38 Grand Magazine, Suite TH1, registered in Ontario, Canada.
      3. “Product” means any Malloc Inc. program or service furnished to the Customer subject to the applicable end-user license agreement or terms of use as set forth by Malloc Inc.
    2. The Customer accepts these Purchase Terms by placing an order for Product with Malloc Inc. Orders placed by the Customer with an external Malloc Inc. distributor are subject to terms and conditions of purchase set forth by that distributor.
  2. ORDER PLACEMENT AND ACCEPTANCE
    1. The Customer may place an order with Malloc Inc.:
      1. Online on the YouTestMe website www.youtestme.com
      2. By fax or e-mail using the appropriate Malloc Inc. sales office contact.
    2. Order details shall be in English. The Customer can modify order details before acceptance of the Customer order by Malloc Inc. English is the preferred language for order-related enquiries.
    3. Any order is not binding upon Malloc Inc. until accepted by Malloc Inc. Non-acceptance of an order may be the result of one of the following:
      1. Failed payment;
      2. Growing backlog or negative payment history;
      3. Incomplete or incorrect order details, such as missing e-mail address for delivery, missing Customer billing address, or a pricing or product description error, among others;
      4. Ineligibility according to the order criteria (e.g. entitlement to upgrade or to certain Product purchase options restricted to particular users or purpose of use).
  3. PRICES AND PAYMENT TERMS
    1. Malloc Inc. sets prices and accepts payments for its Products in the following currency: EUR, USD and CAD. Prices are subject to change by Malloc Inc.
    2. Malloc Inc. accepts major debit and credit cards (collectively, “payment cards”). Malloc Inc. is not responsible for any payment failure resulting from inaccurate payment card details provided by the Customer when placing an online order, any restrictions applicable to payment card by the Customer’s bank, or payment gateway failure.
    3. Purchase orders from corporate Customers and individual Customers are subject to advance payment by wire transfer.
    4. Malloc Inc. accepts payments via third-party service PayPal which is susceptible to its terms of use.
  4. PRODUCT DELIVERY
    1. Malloc Inc. can ship Products in physical form. Any details necessary to enable the Customer to download and/or use the purchased Product (including license keys or access details where applicable) will be delivered by Malloc Inc. to the Customer via e-mail or sent to the address provided by the Customer. The Customer is responsible for providing Malloc Inc. with a valid e-mail address and/or physical address for delivery purposes. No shipment is charged by Malloc Inc. delivery.
    2. Malloc Inc. will use its best efforts to deliver Product purchased by the Customer within 5 business days of the service completion or order acceptance, if applicable. Malloc Inc. shall not be liable for any failure to deliver Product within this timeframe.
  5. TAXES AND DEDUCTIONS
    1. Product prices do not include any national, state or local sales, use, value added or other taxes. The Customer shall pay any such taxes, if applicable.
    2. The Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by the Customer from the amount payable to Malloc Inc. under any Malloc Inc. invoice.
  6. WITHDRAWAL AND REFUND
    1. Malloc Inc. provides an opportunity to evaluate any of its Products free of charge during a trial period specified in the applicable end-user license agreement, and encourages the Customer to fully evaluate Product prior to purchasing. The Customer may withdraw from using Product at its sole discretion anytime before expiration of a trial period.
    2. Any refund request following the Product purchase date will be subject to the prior authorization by Malloc Inc. and acceptance of such request shall be at the sole discretion of Malloc Inc.
  7. EXPORT CONTROL
    1. In accordance with the U.S. Export Administration Regulations (“EAR”), Malloc Inc. Products typically:
      1. Fall under the Export Control Classification Number (ECCN) 5D002;
      2. May be exported under EAR to most destinations with No License Required (“NLR”). Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, and Syria.
    2. Information provided by Malloc Inc. under this Section 7 is only intended for general information purposes and should not be construed as legal advice concerning U.S. export control laws and regulations. For details on export restrictions applicable to Products, the Customer should refer to the EAR.
  8. MISCELLANEOUS
    1. No terms and conditions other than the terms and conditions contained herein shall be binding upon Malloc Inc. unless accepted by Malloc Inc. in writing signed by the duly authorized Malloc Inc. representative. If the Customer’s terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail.
    2. These Purchase Terms and any end-user license agreements or terms of use applicable to Products are subject to change by Malloc Inc. upon notice on the Malloc Inc. website at www.youtestme.com

For any questions regarding these Purchase Terms, please contact Malloc Inc. at:

Address: 38 Grand Magazine, Suite TH1 Toronto, Ontario M5V 0B1, Canada
Fax: (647) 361-7324
E-mail: sales@youtestme.com