This website is operated by Q’s Cards. Throughout the site, the terms “we”,“us” and “our” refer to Q’s Cards offers this website, including all information,tools and services available from this site to you, the user, conditioned uponyour acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our“Service” and agree to be bound by the following terms and conditions (“Termsof Service”, “Terms”), including those additional terms and conditions andpolicies referenced herein and/or available by hyperlink. These Terms ofService apply to all users of the site, including without limitation users who arebrowsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using ourwebsite. By accessing or using any part of the site, you agree to be bound bythese Terms of Service. If you do not agree to all the terms and conditions ofthis agreement, then you may not access the website or use any services. Ifthese Terms of Service are considered an offer, acceptance is expresslylimited to these Terms of Service.Any new features or tools which are added to the current store shall also besubject to the Terms of Service. You can review the most current version ofthe Terms of Service at any time on this page. We reserve the right to update,change or replace any part of these Terms of Service by posting updatesand/or changes to our website. It is your responsibility to check this pageperiodically for changes. Your continued use of or access to the websitefollowing the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least theage of majority in your state or province of residence, or that you are the ageof majority in your state or province of residence, and you have given us yourconsent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor mayyou, in the use of the Service, violate any laws in your jurisdiction (includingbut not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructivenature.A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), maybe transferred unencrypted and involve (a) transmissions over variousnetworks; and (b) changes to conform and adapt to technical requirements ofconnecting networks or devices. Credit card information is always encryptedduring transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portionof the Service, use of the Service, or access to the Service or any contact onthe website through which the service is provided, without express writtenpermission by us.The headings used in this agreement are included for convenience only andwill not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OFINFORMATION
We are not responsible if information made available on this site is notaccurate, complete or current. The material on this site is provided for generalinformation only and should not be relied upon or used as the sole basis formaking decisions without consulting primary, more accurate, more complete ormore timely sources of information. Any reliance on the material on this site isat your own risk.This site may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. We reservethe right to modify the contents of this site at any time, but we have noobligation to update any information on our site. You agree that it is yourresponsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or anypart or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, pricechange, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through thewebsite. These products or services may have limited quantities and aresubject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors andimages of our products that appear at the store. We cannot guarantee thatyour computer monitor’s display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products orServices to any person, geographic region or jurisdiction. We may exercisethis right on a case-by-case basis. We reserve the right to limit the quantitiesof any products or services that we offer. All descriptions of products orproduct pricing are subject to change at anytime without notice, at the solediscretion of us. We reserve the right to discontinue any product at any time.Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, orother material purchased or obtained by you will meet your expectations, orthat any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in oursole discretion, limit or cancel quantities purchased per person, per householdor per order. These restrictions may include orders placed by or under thesame customer account, the same credit card, and/or orders that use thesame billing and/or shipping address. In the event that we make a change toor cancel an order, we may attempt to notify you by contacting the e-mailand/or billing address/phone number provided at the time the order was made.We reserve the right to limit or prohibit orders that, in our sole judgment,appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and accountinformation for all purchases made at our store. You agree to promptly updateyour account and other information, including your email address and creditcard numbers and expiration dates, so that we can complete your transactionsand contact you as needed.For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neithermonitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and“as available” without any warranties, representations or conditions of any kindand without any endorsement. We shall have no liability whatsoever arisingfrom or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your ownrisk and discretion and you should ensure that you are familiar with andapprove of the terms on which tools are provided by the relevant third-partyprovider(s).We may also, in the future, offer new services and/or features through thewebsite (including, the release of new tools and resources). Such new featuresand/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may includematerials from third-parties.Third-party links on this site may direct you to third-party websites that are notaffiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or for any othermaterials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use ofgoods, services, resources, content, or any other transactions made inconnection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before youengage in any transaction. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contestentries) or without a request from us you send creative ideas, suggestions,proposals, plans, or other materials, whether online, by email, by postal mail,or otherwise (collectively, ‘comments’), you agree that we may, at any time,without restriction, edit, copy, publish, distribute, translate and otherwise use inany medium any comments that you forward to us. We are and shall be underno obligation (1) to maintain any comments in confidence; (2) to paycompensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that wedetermine in our sole discretion are unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violates anyparty’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party,including copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not containlibelous or otherwise unlawful, abusive or obscene material, or contain anycomputer virus or other malware that could in any way affect the operation ofthe Service or any related website. You may not use a false e-mail address,pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for anycomments you make and their accuracy. We take no responsibility andassume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service thatcontains typographical errors, inaccuracies or omissions that may relate toproduct descriptions, pricing, promotions, offers, product shipping charges,transit times and availability. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or cancelorders if any information in the Service or on any related website is inaccurateat any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied in the Service or on any related website, should be taken to indicatethat all information in the Service or on any related website has been modifiedor updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you areprohibited from using the site or its content: (a) for any unlawful purpose; (b) tosolicit others to perform or participate in any unlawful acts; (c) to violate anyinternational, federal, provincial or state regulations, rules, laws, or localordinances; (d) to infringe upon or violate our intellectual property rights or theintellectual property rights of others; (e) to harass, abuse, insult, harm,defame, slander, disparage, intimidate, or discriminate based on gender,sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)to submit false or misleading information; (g) to upload or transmit viruses orany other type of malicious code that will or may be used in any way that willaffect the functionality or operation of the Service or of any related website,other websites, or the Internet; (h) to collect or track the personal informationof others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for anyobscene or immoral purpose; or (k) to interfere with or circumvent the securityfeatures of the Service or any related website, other websites, or the Internet.We reserve the right to terminate your use of the Service or any relatedwebsite for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of theservice will be accurate or reliable.You agree that from time to time we may remove the service for indefiniteperiods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at yoursole risk. The service and all products and services delivered to you throughthe service are (except as expressly stated by us) provided ‘as is’ and ‘asavailable’ for your use, without any representation, warranties or conditions ofany kind, either express or implied, including all implied warranties orconditions of merchantability, merchantable quality, fitness for a particularpurpose, durability, title, and non-infringement.In no case shall Q’s Cards, our directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensors be liablefor any injury, loss, claim, or any direct, indirect, incidental, punitive, special, orconsequential damages of any kind, including, without limitation lost profits,lost revenue, lost savings, loss of data, replacement costs, or any similardamages, whether based in contract, tort (including negligence), strict liabilityor otherwise, arising from your use of any of the service or any productsprocured using the service, or for any other claim related in any way to youruse of the service or any product, including, but not limited to, any errors oromissions in any content, or any loss or damage of any kind incurred as aresult of the use of the service or any content (or product) posted, transmitted,or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or thelimitation of liability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permitted bylaw.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Q’s Cards and our parent,subsidiaries, affiliates, partners, officers, directors, agents, contractors,licensors, service providers, subcontractors, suppliers, interns and employees,harmless from any claim or demand, including reasonable attorneys’ fees,made by any third-party due to or arising out of your breach of these Terms ofService or the documents they incorporate by reference, or your violation ofany law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to beunlawful, void or unenforceable, such provision shall nonetheless beenforceable to the fullest extent permitted by applicable law, and theunenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability ofany other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the terminationdate shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either youor us. You may terminate these Terms of Service at any time by notifying usthat you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to complywith any term or provision of these Terms of Service, we also may terminatethis agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordinglymay deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms ofService shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us onthis site or in respect to The Service constitutes the entire agreement andunderstanding between you and us and govern your use of the Service,superseding any prior or contemporaneous agreements, communications andproposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not beconstrued against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provideyou Services shall be governed by and construed in accordance with the lawsof Nieuwravenstraat 13BSA, Utrecht, UT, 3522RK, The Netherlands.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time atthis page. We reserve the right, at our sole discretion, to update, change orreplace any part of these Terms of Service by posting updates and changes toour website. It is your responsibility to check our website periodically forchanges. Your continued use of or access to our website or the Servicefollowing the posting of any changes to these Terms of Service constitutesacceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]