Last updated on: 5/20/2020
By signing up for a BoutiqueDealz Account or by using any BoutiqueDealz Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
The services offered by BoutiqueDealz under the Terms of Service include various products and services to help you sell goods and services to buyers online (“Online Services”). Any such services offered by BoutiqueDealz are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time. BoutiqueDealz reserves the right to update and change the Terms of Service by posting updates and changes to the BoutiqueDealz website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.
1. Account Terms
- A. To access and use the Services, you must register for a BoutiqueDealz account (“Account”) by providing your store name, valid email address, and any other information indicated as required. BoutiqueDealz may reject your Account, or cancel an existing Account, for any reason, in our sole discretion
- B. You must be the older of: 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- C. You acknowledge that BoutiqueDealz will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- D. You are responsible for keeping your password secure. BoutiqueDealz cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- E. You are responsible for all activity and content such as photos, images, graphics, written content, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”)
- F. We direct potential customers to your website to review and purchase your deals. We are not responsible for any content on your site, shipping your goods, counterfeit goods and all liabilities.
- G. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of BoutiqueDealz may result in an immediate termination of your Services.
2. Account Activation
- A. The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
- B. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- C. Your BoutiqueDealz Store can only be associated with one Store Owner.
3. General Conditions
- A. You acknowledge and agree that BoutiqueDealz may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BoutiqueDealz’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BoutiqueDealz’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- B. You may not use the BoutiqueDealz Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- C. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by BoutiqueDealz.
- D. You shall not purchase search engine or other pay per click keywords or domain names that use BoutiqueDealz or BoutiqueDealz trademarks and/or variations and misspellings thereof.
- E. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and BoutiqueDealz’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
- F. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. BoutiqueDealz shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without BoutiqueDealz’s prior written consent, to be given or withheld in BoutiqueDealz’s sole discretion. The BoutiqueDealz service belongs to us. You are not allowed to use it for any illegal purpose.
4. BoutiqueDealz Rights
- A. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- B. We reserve the right to refuse service to anyone for any reason at any time.
- C. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, Terms of Service.
- D. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BoutiqueDealz customer, BoutiqueDealz employee, member, or officer will result in immediate Account termination.
- E. BoutiqueDealz does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- F. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- G. BoutiqueDealz retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, BoutiqueDealz reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
- A. You expressly understand and agree that, to the extent permitted by applicable laws, BoutiqueDealz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- B. . To the extent permitted by applicable laws, in no event shall BoutiqueDealz or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BoutiqueDealz partners, officers, directors, agents, employees, and suppliers 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 of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
- C. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- D. BoutiqueDealz does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- E. BoutiqueDealz does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- F. BoutiqueDealz does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Waiver and Complete Agreement
The failure of BoutiqueDealz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and BoutiqueDealz and govern your use of the Services and your Account, superseding any prior agreements between you and BoutiqueDealz (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
Anything you upload remains yours and is your responsibility.
- A. We do not claim any intellectual property rights over the Materials you provide to the BoutiqueDealz Service. All Materials you upload remains yours. You can remove your BoutiqueDealz Store at any time by deleting your Account.
- B. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow BoutiqueDealz to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that BoutiqueDealz can, at any time, review and delete all the Materials submitted to its Service, although BoutiqueDealz is not obligated to do so.
- C. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- D. BoutiqueDealz shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
8. Delete Account - You may cancel your Account and terminate at anytime.
9. Price - BoutiqueDealz may implement payment to list your deal at anytime. You will be notified prior if or when this occurs.
10. Privacy & Data Protection - BoutiqueDealz is firmly committed to protecting the privacy of your personal information and the personal information of your customers.