Terms & Conditions
Intimacycart Terms and conditions
- Nature of the Service.
a. General. The Service allows Users to purchase sex toys and other erotic products (“Products”).
b. Children. The Service is not directed to users under the age of 18. The Service does not knowingly collect personal information from children under 13. If you are under 18, you cannot use the Service or send personal information to the Company.
- Our Ownership Rights. The Service, including all aspects of the Website (including Our Property, as defined below), is the property of, and owned by, the Company or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content, and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed, and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy. You consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal, non-commercial use, as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
- Use of the Service. You must comply with any rules and policies about using the Service we publish occasionally. These rules and guidelines will be available on the Service. Certain features, pages, or content within the Service may contain supplemental terms of use, to which you must agree to use the relevant features, pages, or content. Subject to the terms and conditions herein, you are permitted to use the Service solely for your personal, non-commercial use.
You must not (a), except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (b) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected to it); (c) use manual or automated software, devices, or other processes to “crawl,” “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (d) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; or (e) otherwise interfere in any manner with the use or operation of the Service.
- Product and Purchase Information. The Service may offer Products for purchase through the Website or the App. We strive to ensure that the information available through the Service is complete and reliable. Nonetheless, the Service may contain pricing, typographical errors, and other errors or inaccuracies for which we will not be liable to you or any other person unless otherwise prohibited by law. We reserve the right to limit quantities of Products Users purchase and to revise, suspend, or terminate listings, events, or promotions at any time without notice (including after an order has been submitted and acknowledged). We do not guarantee that all products described on our website, app, e-mails, or other communications with you will be available.
We use one or more third-party payment processors (the “Payment Processor”) to bill you for orders. Payment processing will be subject to the applicable Payment Processor's terms, conditions, and privacy policies in addition to this Agreement. We are not responsible for errors made by the payment processor. By choosing to purchase Products from us, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your purchases with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You also agree to pay all applicable taxes. You agree to make payment using that selected Payment Method. You may change your Payment Method at any time. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if you have already requested or received payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time; however, we will not change prices once an order has been placed. All payments shall be in U.S. dollars.
- Feedback. Provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”). The Feedback will be the sole property of the Company. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit all Feedback without restriction and without compensating you. We are and shall be under no obligation to maintain any Feedback in confidence or to respond to any Feedback.
- Warranty Disclaimers and Limitations of Liability. THE SERVICE AND PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE; (B) THAT THE SERVICE, PRODUCTS, OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (C) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR OUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, THE PRODUCTS OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, THE PRODUCTS OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, THE PRODUCTS OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF $10.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Cloud Services and Third Party Services. Without limitation of the disclaimers and limitations of liability outlined in Section 7, you acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third-party cloud providers (collectively, the “Cloud Providers”); and (b) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
The Service may depend upon, interact with, or enable access to third parties’ information, other content, services, or websites (each, a “Third Party Service”), which separate terms of use may, in each case, accompany. Use of each Third Party Service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third Party Service and the Service. Company does not endorse, and at this moment, disclaims all liability or responsibility to you or any other person for any Third Party Services.
- Suspension and Termination. You may terminate this Agreement anytime, ceasing to use the Service. We reserve the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our Website or the App) for any reason or no reason.
If we cease to provide the Service, you agree: (a) to continue to be bound by this Agreement, (b) that the license and rights provided by us under this Agreement shall end, and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or termination of access to the Service.
Sections 1-15, 17, and 19, any accrued obligations and remedies hereunder, and any other provisions that should reasonably survive shall survive the termination or expiration of this Agreement.
- Modification of Service and Agreement. We reserve the right to modify the Service without your notice. We may also, from time to time, amend this Agreement prospectively. We will notify you by posting it on our website or app if we do so. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you disagree with any amended Agreement we publish, you must cease using the Service.
- Applicable Law. You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the State of North Carolina, U.S.A., without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is now disclaimed.
- Arbitration.
a. General. In resolving disputes between us and us most practically and cost-effectively, you and we agree that any dispute arising out of or in any way related to this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding subsection (a) above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of you or us to (i) bring an individual action in small claims court; (ii) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim (“IP Claim”).
c. Arbitrator. Any arbitration between you and we will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to this binding arbitration agreement's interpretation, applicability, or enforceability.
d. Notice; Process. If you or we intend to seek arbitration, the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Attn: Chief Executive Officer. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought (“Demand”). You and I will make good faith efforts to resolve the claim directly, but if you and we do not agree to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e. Fees. If you commence arbitration by this Agreement, we will reimburse you for your payment of the filing fee unless your claim is for more than $15,000 or as set forth below, in which case the AAA Rules will decide the payment of any fees. Suppose the claim is for $15,000 or less. In that case, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator, (ii) through a non-appearance-based telephone hearing, or (iii) by an in-person hearing as established by the AAA Rules if the arbitrator finds that the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)). The AAA Rules will govern the payment of all fees. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and we agree that such written decisions and information exchanged during arbitration will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes about the payment and reimbursement of fees or expenses at any time during the proceeding and upon your request or is made within 14 days of the arbitrator's ruling on the merits.
f. No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and we agree otherwise in a signed writing, the arbitrator may only consolidate up to one person's claims and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in this Agreement, if we make any future change to this arbitration provision other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately before the changes you rejected, will continue to govern any disputes between you and us.
h. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Agreement is found unenforceable, the applicable provision shall be deemed stricken, and the remainder shall remain in full force and effect.
12. Jurisdiction. Concerning any IP Claims (as defined above) that are not subject to arbitration under the above provision, you at this moment consent to non-exclusive jurisdiction and venue in any federal or state court located within the State of North Carolina, U.S.A., concerning any suit, claim or cause of action arising from or relating to the Service or this Agreement. You shall not bring any such suit, claim, or cause of action except in a court in the State of North Carolina, U.S.A.
13. Force Majeure. We will not be liable for failing to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control.
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