THIS IS IMPORTANT — PLEASE READ
Acceptance of Terms & Conditions
The following Terms & Conditions (“Terms”) shall apply to the relationship between DelicatesCharm.com (the “Website”) and the end user (“you” or “your”). The Website is owned and operated by Sierra View Marketing, Inc., 971 S University Ave. #1032 Provo, UT 84601 United States (“we”, “us” or “our”). By accessing the Website or purchasing our products or services (the “Service”), you accept and agree to be bound by these Terms. These Terms constitute the entire agreement between you and us and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us with respect to your use of the Website or the Service.
Eligibility
By accepting the Terms and/or registering for an account, you confirm that you are at least 18 years of age, and that you meet all other eligibility requirements contained in these Terms. By using the Website, you warrant that you have the right, authority, and capacity to enter into and abide by the complete Terms. The Service is offered exclusively to private users and not to commercial or semi-commercial retailers.
Registering
You may register only once for the Service. You must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. We may suspend, or permanently close, your account without prior notice for any violation by you of these Terms as determined by us in our sole discretion. We will send a confirmation email with your username and password to the email address on file upon receiving your initial purchase order. You are responsible for keeping your user account password confidential. We will never ask for your password except during login. You should never provide your password to anyone, including our employees. User accounts are non-transferable. Only you may use your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account.
Data & Description
We will use maintain the confidentiality of your account data and use it exclusively in connection with the Service. All transactions are SSL encrypted and protected, and we will employ our best efforts to ensuring the safety and security of your personal data and information at all times.
Billing Detail
The details and/or descriptor for any and/or all charges contemplated by the purchase and/or other use of this Website or Service by you may alter depend on the billing facility applied, the processing authority, the banking channel and/or the buyer geographical location. Such details and/or descriptor may appear on your credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction. Your billing statement may include other information based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations.
Access Fee
As a customer of ours, we will be offering you access to dining certificates for restaurant.com with our compliments as a thank you for your purchase! The access fee of up to $5.00 will be provided to you in your name by Sierra View Marketing, Inc., as our gift to you. It’s our way of thanking you and you will never be charged for this access.
Payment Policy
For your convenience, your payment will appear on your credit card statement as “DelicatesCharm“. If you find that you are not satisfied with your purchase for any reason within thirty (30) days of the purchase date, let us know, and we will gladly refund your purchase payment. Please allow up to 72 hours for the refund to process. Refund requests can be made in writing via email support@delicatescharm.com or mail Sierra View Marketing, Inc., 971 S University Ave. #1032 Provo, UT 84601 United States or by calling customer service at (833) 442-2225.
Electronic Signatures
You acknowledge and agree that your electronic, digital signature provided during the order process constitutes an express authorization for us to collect payment by credit card, debit card, or other form of electronic payment in full compliance with the federal and state regulations governing the validity of electronic signatures and the collection of recurring fees, including the Electronic Funds Transfer Act 15 U.S.C § 1693(a) and 12 C.F.R. §205.10(b)
Cardholder Disputes
We thoroughly investigate cardholder disputes, and may block future purchases by the holder or user of such cards through the Website. Fraud claims may result in us contacting the cardholder’s issuing bank to protect the cardholder and prevent future fraudulent charges to his/her card.
Force Majeure
You agree that we shall not be liable for any delay or failure in the performance of our obligations under these Terms if such failure is due to an event of force majeure. A force majeure event is any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organized protests by third parties, natural disaster, war, failure of payment systems, or any event beyond our reasonable control.
Dispute Resolution
By agreeing to these Terms, we both agree to waive our right to a jury trial and any right to participate in a class action of any dispute arising from or related to this Website, the Service, or these Terms.
You agree that any and all claims, disputes, and causes of action arising from, related to, or involving this Website, the Service, or these Terms (each a “Dispute” and collectively, “Disputes”) shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, you agree to negotiate with us regarding any disputes in good faith on an individual basis. You may initiate these negotiations by sending a notice of the dispute (the “Notice of Dispute”) to us in a manner specified in the “Notices” section below. If we do not reach an agreement regarding a dispute within 30 days following our receipt of the Notice of Dispute, Sierra View Marketing, Inc. and we both agree to submit such dispute to binding arbitration, on an individual basis, under the Rules of Arbitration of the United States Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The proceedings shall be governed by the United States Chamber of Commerce, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.
Additional Terms
Additional terms and conditions may apply to your use of the Service and/or to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and any additional terms and conditions posted for or applicable to a specific portion of the Website or the Service, the latter terms shall control with respect to your use of that portion of the Website or the Service.
Copyright
If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Patent
The Website or any of its licensors or affiliates products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms or by any other provision contained in the Website, and we and/or our licensors and/or affiliates reserve all such rights.
Trademarks
We own all trademark rights in the Website. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by us and/or the respective holders. You may use the marks or product names in the Website to refer to the Website and/or the Service so long as you follow the following guidelines whenever the Website marks appear: Your use of the Website marks must not mislead consumers or imply any sponsorship, affiliation or endorsement by us or the Website of your company, or your products or services. You should not use the Website marks, or any other trademarks, service marks, logos, or trade names of the Website, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or a third party’s products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations. All the Website marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by the Website, without any variations. The Website marks shall be used as an adjective followed by the generic term for the product/service. We reserve the right to oppose any use of the Website marks that we, in our sole discretion, deem unlawful or improper, even if such use is not expressly prohibited hereunder. We also reserve the right to revise these guidelines at any time, without notice.
Miscellaneous
You are solely responsible for your interactions with other users. The Website reserves the right, but has no obligation, to monitor disputes between you and other users. Using the Service is void where prohibited. The Services is intended for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Website. Illegal and/or unauthorized use of the Website and/or the Service, including collecting usernames and/or email addresses of users by electronic or other means or unauthorized framing of or linking to the services are prohibited. Commercial ads, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of account privileges, which is without limitation to any other legal action that may be taken by us.
Further Disclaimers
We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. We are not responsible for the conduct, whether online or offline, of any user. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website and/or the Service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the services or combination thereof, including any injury or damage to users and/or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or the Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from your use of the Website and/or the Service or from any content posted on the Website or transmitted to users, or any interactions between users, whether online or offline.
Restriction
Nothing in these Terms is intended to have the effect of excluding, restricting or modifying: the application of all or any of the provisions of relevant consumer law; the exercise of a right conferred by such a provision; or the liability of us or our officers, directors, employees, agents, merchants, affiliates, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by the Website, or the like, in relation to a failure to comply with any guarantee that may apply under consumer law to a supply of goods or services.
Disclaimer
Subject to the above-described application of the Consumer Law of the United States of America, to the maximum extent permitted by law, we hereby disclaim any and all liability from claims arising from or related to the Website and/or the Service, including but not limited to liability for any damages or injuries, whether physical or emotional, that may occur in connection with your purchase of any product from the Website.
Indemnity
You agree to indemnify, defend, and hold us and our users, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “indemnified persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any indemnified persons due to, arising out of, or in connection with: your use of the Website and/or the Service; any violation of these Terms by you or any person acting in collusion with your; your violation of applicable law or court order by the buyer; and/or any act of negligence or willful misconduct by you.
Service and Support
All requests for standard technical service and support on products purchased on Website should be made directly to the manufacturer in accordance with the manufacturer’s terms and conditions. Likewise queries regarding defective products should also be made directly to the applicable manufacturer.
Guarantee
We guarantee your complete satisfaction with our Website and the Service. Simply contact us to cancel your purchase of any product through the Website or the Service within 30 days of the purchase date and we will gladly issue a refund. Please allow up to 72 hours for the refund to process. Please note that a simple recurring billing cancellation request is not considered a refund request. Our guarantee does not apply to any purchases made by you from third parties through links from our Website.
Extended Refund Policy
Refunds or credits may be issued beyond the normal thirty (30) day refund period under appropriate circumstances. All such refund requests are at the discretion of our management. Please allow up to 72 hours for the refund to process.
Website Information
You may not use the information contained in this Website (including any database, invisible page, linked page, underlying code, or other intellectual property the Website may contain) in a commercial or public setting, or broadcast, copy save, print sell or publish it, for any reason for any purpose whatsoever. The Website and its contents are owned or licensed by us. Material contained on the Website Use of Website content for any reason is unlawful unless it is done with our express consent. Unless expressly authorized by us, you may not hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to your own website for any reason. Further, you may not reference the URL (Website address) of this Website in any commercial or non-commercial media or ‘frame’ the Website without our express permission. You agree to cooperate with us to remove or de-activate any non-permitted activities and accept responsibility for all damages flowing from any violation by you of this provision.
Fraud
By using the Service, you confirm that all information by you is true and correct. We may cancel or terminate your use of the Website and/or the Service, including your account and/or purchase of any product via the Website and/or the Service, without notice if we in our sole discretion determine that you have provided false or misleading information, violated these Terms, or otherwise abused your use of the Website and/or the Service. In the event we cancel or terminate your use of the Website and/or the Service, we reserve the right to refuse any subsequent application by you and/or your readmission to the purchase program.
Limited Usage Rights
The viewing, printing or downloading of any content, graphic, form or document from the Website grants you only a limited, nonexclusive use license solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or redistribution).
Modification
We reserve the right in our sole and absolute discretion to edit or delete any documents, information or other content appearing on the Website, including this agreement, without further notice.
Contents Disclaimer
WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. BY USING THE WEBSITE, YOU ASSUME ALL RISK OF VIEWING, READING, USING, OR RELYING UPON ALL INFORMATION AND CONTENT ACCESSED VIA THE WEBSITE (INCLUDING BUT NOT LIMITED TO BANNERS, POP-UPS OR OTHER ADVERTISING CONTENT). BY USING THE WEBSITE AND/OR DOWNLOADING INFORMATION FROM THE WEBSITE, YOU ASSUME ALL RISK OF VIRUSES, WORMS, AND CORRUPTING COMPUTER CODES. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY FOR DAMAGE TO COMPUTERS OR SOFTWARE OWNED BY YOU OR ANY THIRD PARTY THAT MAY BE CAUSED BY CORRUPTING CODE OR DATA THAT IS INADVERTENTLY PASSED TO YOUR COMPUTER, INCLUDING BUT NOT LIMITED TO VIRUSES AND WORMS.
No Warranties
UNLESS OTHERWISE EXPRESSLY STATED HEREIN, WE DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT OF THE LAW. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PEFORMANCE, IMPLEMENTATION OR EFFECTIVENESS OF THE SERVICE, AND WE DO NOT WARRANT THE RESULTS OF THE SERVICE OR ANY BENEFIT TO YOU RELATED TO THE SERVICE. WE FURTHER DISCLAIM ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF THE SERVICE AND IN THE EVENT OF INTERRUPTION OF DISPLAY OR DISTRIBUTION OF THE SERVICE, OUR SOLE OBLIGATION WILL BE TO RESTORE THE SERVICE AS SOON AS PRACTICABLE.
Limitation Of Liability
WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE, EVEN IF WE ARE ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER DISCHARGE US AND EACH OF OUR REPRESENTATIVES, AFFILIATES AND ASSIGNS FROM ANY LIABILITY IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR THE SERVICE, EXCEPT FOR ANY LIABILITY FOR INTENTIONAL TORTS OR GROSS NEGLIGENCE. IN NO EVENT WILL OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, OR CLAIMS CONNECTED IN ANY MANNER WITH THIS AGREEMENT AND/OR THE SERVICE EXCEED $5,000. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY CONDUCT OR FRAUD BY YOU, OTHER ONLINE USERS OF THE WEBSITE, OR THIRD PARTIES.
Enforceability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effectuate the original intent of these Terms as closely as possible.
Protection of Data
The protection of the buyer data is very important to us. For more information on the collection, processing, and use of personal data, please read the Website privacy policy.
External Links
Our Website may contain links to other websites operated by third parties, and these websites may likewise contain links to other websites. Such links are provided strictly for the sake of convenience and any inclusion of such links on our Website does not constitute our endorsement or approval. We disclaim all liability for the content of external links. The operators of the websites linked to and from this Website are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. By using the Website, you acknowledge and agree that we are not responsible or liable for the content or accuracy of these third-party websites.
Waiver
Any waiver of any provision by us of these Terms privacy policy will be effective only if in writing and signed by us.
Transfer Rights
Access to the Website is through a combination of a username and a password. You may not under any circumstances transfer your access rights to any other person and are required to keep your access rights strictly confidential. We will not release your password to any third party for any reason, except as may be specifically required by law or court order. Unauthorized access to the Website is a breach of these Terms. You acknowledge that we may track through the use of special software each entry to your account via the Website. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify us of said security breach. You will remain liable for any unauthorized use of your account until you have notified us of any security breach by e-mail or telephone.
No Third-Party Beneficiaries
These Terms are solely for the benefit of the parties hereto and no provisions of these Terms will be deemed to confer upon any other persons any remedy, claim, liability, reimbursement, Cause Of Action Or Other Right Except As Expressly Provided Herein.
Choice Of Law
These Terms will be construed, governed, interpreted and applied in accordance with the laws of the State of Florida without regard to conflict of laws principles.
Notices
Unless otherwise provided herein, any notice, request, consent, instruction or other document to be given hereunder by any party hereto to another party hereto will be in writing and will be deemed given: (a) when received, if delivered personally or by courier; or (b) on the date receipt is acknowledged, if delivered by certified mail, postage prepaid, return receipt requested; or (c) one day after transmission, if sent by facsimile or electronic mail transmission with confirmation of transmission. All notices to you will be sent to the email address and/or physical mailing address provided by you at the time of registration, and you agree to the adequacy and appropriateness of electronic service in the event we choose to serve you by email. Except as otherwise provided herein, any notice to us should be sent to Sierra View Marketing, Inc., 971 S University Ave. #1032 Provo, UT 84601 United States; or via email to support@delicatescharm.com.
Jurisdiction and Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, you agree that exclusive jurisdiction will be vested in the state and federal courts of Miami-Dade County, Florida.
CONTACT INFORMATION
Our contact information is as follows: Sierra View Marketing, Inc., 971 S University Ave. #1032 Provo, UT 84601 United States, or via email to support@delicatescharm.com.