Effective: January 1, 2024

 

1. Acceptance of This Agreement

Please read these Terms of Service ("Agreement") carefully. This Agreement constitutes a legal agreement between you and Courial, Inc., a Delaware corporation, and its affiliated companies (collectively, "Courial," "we," "us," or "our"). By accessing or using any of our services, including our website, mobile applications, and other services (collectively, "Services"), you agree to be bound by this Agreement. If you do not agree with these terms, you may not access or use the Services.

 

2. Modifications

Courial reserves the right to modify the terms and conditions of this Agreement or its policies at any time. Any changes will be effective upon posting through the Services. Your continued use of the Services after such changes constitutes your agreement to the modified terms.

 

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Courial’s Privacy Policy, which is incorporated into this Agreement by reference. Certain features of the Services may be subject to additional terms and conditions, which are also incorporated into this Agreement by reference.

 

4. Rules and Prohibitions

When using the Services, you agree to the following:

• Use the Services only for lawful purposes.

• Do not use the Services for sending or storing unlawful material or for fraudulent purposes.

• Comply with all applicable laws, including intellectual property laws.

• Access the Services only through authorized means.

• Do not use another user’s account or impersonate any person or entity.

• Do not engage in conduct that harms other users, Courial employees, or our community.

• Do not use the Services for commercial purposes without Courial’s written permission.

• Do not copy or distribute the Software or content without authorization.

• Keep your account information accurate and current.

• Secure your account password and any identification credentials.

• Use the Software and Services for personal use only, and do not resell or transfer them.

• Do not damage, disable, overburden, or impair Courial’s servers or networks.

• Do not attempt unauthorized access to the Services or Courial’s servers.

• Do not scrape or systematically retrieve data from the Services.

• Report any bugs, unauthorized access, or breaches of intellectual property.

• Do not abuse promotional or credit codes.

• Courial reserves the right to suspend or terminate your account for violations of these rules.

 

5. Courials and Merchants Are Independent

Courial provides a technology platform connecting you with independent providers and merchants. Courial does not offer delivery services and is not responsible for the acts or omissions of any merchant or Courial. Courial does not guarantee the suitability, legality, or ability of any Courial or merchant and is not liable for any goods you purchase through the Services.

 

6. User Account

You may need to register for an account to use parts of the Services. You are responsible for keeping your account information accurate and current, and for all activities under your account. Notify Courial immediately if you suspect unauthorized use of your account. Courial is not liable for any losses arising from unauthorized use of your account.

 

7. User Content

Courial may provide interactive opportunities for you to post User Content, such as ratings and reviews. You grant Courial a perpetual, irrevocable, worldwide, royalty-free license to use your User Content. Courial may monitor, delete, or remove User Content at its discretion. By submitting Feedback to Courial, you grant Courial a perpetual, irrevocable license to use it.

 

8. Communications with Courial

By creating a Courial account, you agree to receive communications from Courial, including emails, text messages, and push notifications. You may change your notification preferences in your account settings.

 

9. E-SIGN Disclosure

By creating a Courial account, you consent to the use of an electronic record to document your agreement. You may withdraw this consent by emailing support@courial.com with "Revoke Electronic Consent" in the subject line.

 

10. Intellectual Property Ownership

Courial retains ownership of all rights, title, and interest in and to the Software and Services. You are granted no rights to use Courial’s trademarks or other intellectual property without written permission.

 

11. Payment Terms

You agree to pay the prices displayed by merchants, which may differ from prices available elsewhere. Charges for completed orders are non-refundable. Courial may offer promotional credits at its discretion and may change fees for the Services as needed.

 

12. Dispute Resolution

Arbitration Agreement: Any dispute relating to your use of the Services will be resolved by binding arbitration, except for small claims court claims and intellectual property disputes. By agreeing to arbitration, you waive your right to participate in class actions. You may opt out of arbitration within 30 days of first becoming subject to this Arbitration Agreement by emailing support@courial.com.

 

13. Third-Party Interactions

Courial is not responsible for third-party websites, applications, or advertisements linked to the Services. Use third-party links at your own risk.

 

14. Social Media Guidelines

Courial maintains social media pages for the community. By interacting with these pages, you agree to our Social Media Community Guidelines.

 

15. Transactions Involving Alcohol and Cannabis

If you order alcohol or cannabis products, you agree to be of legal age and provide valid ID upon delivery. Courial and Courials reserve the right to refuse delivery if these conditions are not met.

 

16. Indemnification

You agree to indemnify and hold harmless Courial and its affiliates from any claims, damages, or expenses arising from your use of the Services or violation of this Agreement.

 

17. Disclaimer of Warranties

The Services are provided "as is" without warranties of any kind. Courial does not guarantee the accuracy, reliability, or availability of the Services and is not responsible for any harm resulting from their use.

 

18. Internet Delays

Courial is not responsible for delays, delivery failures, or other issues caused by internet or electronic communication problems.

 

19. Limitation of Liability

Courial’s liability is limited to the amount you paid for the Services in the six months preceding the claim. Courial is not liable for indirect, incidental, or consequential damages.

 

20. Exclusive Venue

Any litigation arising from this Agreement will be conducted exclusively in the state or federal courts located in San Francisco County, California, if you are a California resident, or in your home district if you are not a California resident.

 

21. Termination

Courial may terminate your access to the Services at its discretion, without notice or liability. This Agreement will remain enforceable even after termination.

 

22. Procedure for Making Claims of Copyright Infringement

To report copyright infringement, contact Courial’s Copyright Agent at:
 

General Counsel

Courial, Inc.

3000 Geary Blvd.

San Francisco, CA 94118

 

23. General

No Joint Venture or Partnership: This Agreement does not create a joint venture, partnership, employment, or agency relationship between you and Courial.
Choice of Law: This Agreement is governed by the laws of the State of Delaware.

Severability: If any provision of this Agreement is found invalid, the remaining provisions will remain in full force and effect.

Consumer Complaints: Report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

App Store: This Agreement is between you and Courial, not Apple or any other app store provider. Courial is responsible for the Application and its content.
 

24. Contact Information

For questions or comments regarding these Terms, contact:

 

Courial, Inc.

650 California Street

San Francisco, CA 94108