Alyce’s Driving Demand Blog covers everything you need to know to master personal gifting for face-to-face and digital events.
Alyce’s Driving Demand Blog covers everything you need to know to master personal gifting for face-to-face and digital events.
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Welcome to the Alyce.com website (the "Site"). Alyce, Inc. provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
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In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own, are responsible for or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
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The risk of loss and title for items purchased through your use of the Site, pass to the gift recipient (the “Recipient”) upon the vendor’s delivery of the item to the carrier, unless the vendor’s terms of sale provide otherwise. If the gift is lost or destroyed prior to delivery, we will reasonably assist the Recipient in obtaining the repair or replacement of the item utilizing our commercial relationship with the vendor; however we are not responsible to you or the Recipient for any costs associated with such repair or replacement.
You may elect to participate in our subscription program which allows you to open and fund your own account for future gift purchases. Should you choose this option, the following additional terms and conditions apply:
You are responsible for providing accurate contact and other information about your intended Recipient through the Site, which enables us to identify suggested gifts for the Recipient. You are responsible for any costs, expenses, or losses incurred as a result of providing inaccurate Recipient information.
We will provide you with a list of suggested gifts from which you may select, or request that we provide additional suggestions. The choice of gift is at your sole discretion. We will then contact the Recipient and allow them to (1) accept the gift you have selected for them; (2) select an alternative gift of like cost; or (3) elect to forego the gift and allocate the purchase price to a tax-qualified charity of their choice. We will provide the Recipient with a list of suggested charitable organizations.
Prices listed for gifts featured on the Site include shipping, taxes and all other fees. You will only be charged for the amount listed at the time of selection. No charges will be incurred by the Recipient for accepting their gift. Once you have made a gift selection, we will process the transaction by requesting funds from your credit or debit card holder. If the vendor changes its price for the gift before we are able to process the charge or if the gift becomes unavailable, we will notify you.
As soon as the intent to make a charitable donation is confirmed to us through the Site, and we have received cleared funds from you, we will make sure that they are allocated to the selected charity or charities on our system. We can only accept responsibility for a donation payment reaching the charity or charities once we have received the funds from your credit or debit card provider account. It is your credit or debit card provider’s responsibility to make sure that the funds reach us. If we are unable to make payment or we feel that it is not appropriate to pass on a donation to the selected charity (for example, if the charity is de-registered, or has a sanction listed against it) then we will the Recipient to select a different charity. If we are unable to contact the Recipient then Alyce, Inc., at its discretion, will select an appropriate, alternative charity to pass the donation or payment to. Should you require written confirmation from the charity of the donation for tax or other purposes, it is your responsibility to obtain the confirmation from the charity.
Once the cost of a gift has been charged to your credit or debit card, if the card is cancelled or suspended or a chargeback or other charge cancellation is initiated before the charge is completed, you agree that you remain responsible for payment as well as reimbursing us for any charges we incur as a result. It is your responsibility to monitor your account for any unauthorized use.
If you become aware of fraudulent use of your credit or debit card, or if it is lost or stolen, you must notify your card provider as soon as possible.
We do not offer refunds once a gift is purchased or a charitable donation is made. All product refunds must be handled by the merchant from whom the purchase was made. We are happy to provide any information required to make this claim.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
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In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
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You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed through Alyce.co will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879 FREE. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries related to copyright infringement) to: hi [at] alyce [dot] com
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