Quintessential Gifts Terms of Service
February 1, 2020
Any update or amendment to these Terms shall be effective if notice is provided to you. You agree that posting any such changes on the Platform and/or sending any such changes to you via email constitutes reasonable and sufficient notice. Any such amendment will be effective as of the date specified by Quintessential Gifts. Your continued use of the Platform (including any updates or other versions thereof) after we provide notice of any changes to these Terms constitutes your agreement to those changes. If you do not agree to these Terms (or any updates to or modified versions thereof), you should discontinue use of the Platform immediately.
All references to “Quintessential Gifts”, “we”, “us” or “our” shall include any entity or person directly or indirectly owning a controlling interest in, owned by, or under common ownership control with Quintessential Gifts, LLC (each an “Affiliate”).
You agree that these Terms are the legal equivalent of a written contract signed by you and constitute a legally binding agreement between Quintessential Gifts and you, as a user of the Platform, and that you have read these and understand these Terms and accept and will be bound by them.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR PLATFORM AND OUR SERVICES CAREFULLY
Accepting the Terms
Before purchasing the products offered on the website, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Quintessential Gifts.
Scope of Agreement
By accessing and/or using the Platform, you agree to these Terms. These Terms apply to any use of the Platform including (1) when you register a user account; (2) when you sign up for, participate in or otherwise receive any product or services provided through the Platform (collectively the “Services”); and (3) when you use the Platform as a guest.
Privacy and your Personal Information
Description of the Services
Quintessential Gifts operates a website where users can purchase food care packages and other gifts for friends, family and colleagues.
Registration Information, Security, and Electronic Communications
You must register for an account with us to use the Services using your true identity (your “User Account”). As part of such registration we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or verifying information you provide against third party databases or through other sources. If you do not provide this information or Quintessential Gifts cannot verify your identity, we can refuse to allow you to use the Services.
You agree that you will not share your login information, password, or other account information with anyone else. You understand and agree to take all necessary steps to protect your User Account information as detailed in this Agreement. We will never ask for your password. You are solely responsible for all acts and omissions made using your login information and password. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities. You must notify us immediately in the event of any known or suspected unauthorized use of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or User Account Information (as defined below).
By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Platform and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate, in the text of the e-mail or through a link to the appropriate page on our Platform, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Quintessential Gifts immediately via email to admin@Qgiftshop.com.
Your Use of the Platform and Services
If you do not comply with these Terms, we reserve the right to cancel or terminate your password, user account, and/or access to the Platform (or any part thereof) and/or our Services without prior notice.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Quintessential Gifts, in its sole discretion, may elect to take. Quintessential Gifts shall not be liable to any party or any user for any loss, cost, or damage that results from any scheduled or unscheduled downtime, regardless of the cause. At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Platform or our Services, including but not limited to (1) restricting the time the Platform and/or Service is available; (2) restricting the amount of use permitted; (3) restricting or terminating any user’s right to use the Platform and/or any of our Services.
We will attempt to process all requests to cancel or terminate your subscription or user account within three (3) business days after we receive your request and all documentation required to terminate your account, and you acknowledge and agree that any charges or fees incurred prior to the effective time of cancellation or termination will not be reversed.
Your sole and exclusive remedy for any failure or non-performance of the Platform or Services, including any associated software or other materials supplied in connection with such services, shall be for Quintessential Gifts to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Platform or Service.
You will maintain and promptly update your User Account Information to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have grounds to suspect that information you provided is untrue, inaccurate, or incomplete (in our sole discretion), we reserve the right to suspend or terminate your User Account and refuse any and all current or future use by you of our Platform or any Services. If your User Account is revoked for any reason you will not register with our Platform using another username or through any other means, and we reserve the right to terminate any account of any user who we have reason to believe was previously terminated without notice, and to exercise any other rights or remedies available to us at law or in equity.
Practices Regarding Use and Storage
We may from time to time establish general practices and limits concerning the use of the Platform and/or Services which may include, but are not limited to, limiting the maximum amount of time that your data or content will be retained. You acknowledge that we reserve the right to terminate any account which is inactive for an extended period provided that we will use commercially reasonable efforts to provide you with notice prior to such termination. Further, we reserve the right to change these general practices and limits at any time, in our sole discretion, and without notice. We will endeavor to provide such notice where required by law but are otherwise under no obligation to do so.
Electronic Fund Transfers ("EFTs")
In order to utilize the Platform and Services, you may be required to provide us (or our third-party payment processor Shopify) with information regarding payment instructions, including but not limited to credit or debit card information. As a user, you represent that the information you provide is true and correct and that you are authorized to use the payment instrument. You agree that all payments are final and will not be refunded unless Quintessential Gifts, in its sole discretion, agrees to issue a refund.
Our store is hosted by Shopify, an e-commerce software company, to help facilitate the Services offered to you. When you sign up for an account on our Platform, Shopify stores password-protected information about your identity, order history, and current order status. It is your responsibility to make sure the data you provide us is accurate and complete.
Quintessential Gifts’ Intellectual Property Rights
The contents of the Services, including its functionality and its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), coding and any other materials provided by us to you are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong to or are licensed to Quintessential Gifts or its software or content suppliers. Quintessential Gifts grants you the right to view and use the Services subject to these terms. You may download or print a copy of information related to or generated by the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Platform or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Disclaimer of Representations and Warranties
THE PLATFORM, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. QUINTESSENTIAL GIFTS, ITS SUBSIDIARIES, ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER QUINTESSENTIAL GIFTS NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE PLATFORM OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER QUINTESSENTIAL GIFTS OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Limitations on Quintessential Gifts’ Liability
QUINTESSENTIAL GIFTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICES OR THIS AGREEMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO ANY OTHER SERVICE, EVEN IF QUINTESSENTIAL GIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your Indemnification of Quintessential Gifts
You shall defend, indemnify and hold harmless Quintessential Gifts and its officers, directors, members, owners, affiliates and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or in any way relate to your use of the Services or any breach of this Agreement, including but not limited to reasonable costs and attorney’s fees.
These Terms of Service and the other agreements referenced herein constitute the entire agreement between you and Quintessential Gifts and govern your use of the Services, superseding any prior agreements between you and us with respect to the services. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be, or are otherwise, invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. Notices to you may be made via email or regular mail, and these Terms of Service may be amended or updated by us at any time, for any reason, with or without notice to you.
Governing Law; Venue; Alternative Dispute Resolution
All matters relating to your access or use of the Services, specifically including all disputes, will be governed by the laws of the United States and the State of Minnesota, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of the purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Quintessential Gifts and you arising out of or in connection with your use of the Platform or Services, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed one hundred eighty (180) days), then either party may submit such controversy or dispute to mediation venued in Hennepin County, Minnesota. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Minnesota law.
You understand and acknowledge that you are solely responsible for your interactions with any other user in connection with the services Quintessential Gifts will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.