Effective Date: November 9, 2021
Our Site offers food items, merchandise, and other items sale, and also provides all other related services and promotions (collectively, “Products”) Our provision of the Website and purchase and delivery of Products are collectively referred to herein as the “Services.”
Please read the rules contained in this Agreement carefully. By visiting the Site, purchasing any Products, and/or using or registering to use our Services, you agree to comply with these rules and agree to be legally bound by each of the terms, guidelines, and rules incorporated into the Terms.
2. Changes to the Agreement and Product and Service Offerings
We will make changes to this Agreement from time to time. If we choose to amend this Agreement, we will update the Effective Date and post the updated version. We may also, at our option, choose to notify you by email or another means. Any changes will take effect immediately. By continuing to use the Site after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
Gourmica reserves the right, in its sole discretion, to modify, update, and/or discontinue offering the Site, Products, and/or Services, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you and will not be liable with respect to any such modifications, discontinuance or deletions.
3. User Accounts
A. User Accounts
The Site allows for the creation of accounts (known as “User Accounts”). The creation of a User Account will allow you to purchase Products and use the Services and features on the Site. You may not create a User Account on behalf of any person (other than yourself), and no person or entity may have more than one active User Account at any given time.
B. Personal Information Provided
You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date.
If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if Gourmica suspects that your Personal Information is untrue, inaccurate, or incomplete, then Gourmica may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.
When you create your account, you will be asked to create a strong password (passwords that use a combination of upper and lowercase letters, numbers, and symbols are strongest). You will be solely responsible for safeguarding.
Gourmica is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify Gourmica immediately.
If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to your User Account, we reserve the right to terminate your User Account.
C. Account suspension and deactivation
We reserve the right to cancel unconfirmed User Accounts or accounts that have been inactive for a prolonged period of time. Any discount, referral, or coupon codes associated with such User Accounts will be deactivated. We also reserve the right to cancel User Accounts of users who fail to comply with these Terms of Service or any of Gourmica’s other policies outlined or referenced herein.
In the event that a User Account is deactivated or suspended, Gourmica may, at its sole option, delete any and all information associated with the deactivated or suspended User Account
If Gourmica has suspended your account due to your actual or suspected breach of these Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Gourmica’s sole reasonable satisfaction.
4. Intellectual Property Ownership
The Site and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Site, and all intellectual property rights therein are the exclusive property of Gourmica and its licensors.
You agree that you will not copy, modify, adapt, translate, publish, reproduce decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site, and you agree that you will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, Products, and/or used in connection with the provision of the Services.
The trademarks appearing on the Site are owned by Gourmica or its licensors or are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.
5. Grant of Limited Licenses
Subject to your compliance with this Agreement, Gourmica grants you a non-exclusive, non-transferrable, non-assignable, non-sublicensable royalty-free, revocable, world-wide limited license, subject to certain limitations outlined herein, to access and use the Site and Services for your own personal use and not for any commercial activity. This foregoing license is subject to modification or revocation at any time at Gourmica’s sole discretion. Gourmica does not grant any other rights to you by implication or otherwise. All rights not expressly granted to you by this Agreement are hereby reserved.
6. Site Availability and Updates
The Site is currently configured for use in the United States only and is not intended for use outside of the United States. If you choose to access the Site from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
While Gourmica strives to ensure that the Site and the Services are available as close to 99% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.
Gourmica acknowledges that it may need to perform maintenance activities for the Site and the Services as may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new Products and to offer new Services. In most instances, there will be no interruption to the functionality of the Site or Services.
7. Rules of Usage
You are not authorized to access or use the Site to:
- Interfere or attempt to interfere with the proper working of the Site;
- Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Site or to collect any information from the Site or about any user of the Site;
- Harvest or scrape any content from the Site, or using other automated or manual means to take our content without our prior consent;
- Bypass, circumvent, or attempt to bypass or circumvent any feature of the Site or Services or any measures we may use to prevent or restrict access to the Site or Services, including other accounts, computer systems or networks connected to the Site;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of such system or network;
- Abuse the Site or breach these Terms;
- Attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing;
- Post any content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers;
- Use any obscene, indecent, or offensive language or to provide to or post on or through the Site any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent;
- Post any content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).
8. Notice of Infringement Claims
Gourmica respects the intellectual property of others, and we ask our users to do the same. Gourmica has designated an agent to receive Notices of Infringement with the U.S. Copyright Office in conformity with the Digital Millennium Copyright Act (“DMCA”). That agent’s contact information is reproduced below. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Gourmica as outlined below with the following information in a written notice in writing or electronically:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Please contact the Designated Agent to receive notice of claimed infringement by sending all relevant information to the following address and/or email:
Gourmica North America LLC
8 The Green, Suite # 12987, Dover, DE 19901, USA
Calling +1 (855) 912-0855 Monday- Friday during 9am-5pm Eastern time
Or by sending an email to the following: [email protected]
9. Purchasing Our Products
We use third party payment processors to process payments on our Site such as PayPal and Stripe. You are responsible for providing valid payment information and account details in order to ensure proper payment processing.
When you purchase our products, the total price will include the price of the product plus any applicable sales tax that is based on the shipping address provided and the sales tax rate in effect at the time of the purchase.
Sometimes our prices vary due to promotions or sales, and we reserve the right to adjust our pricing at our sole discretion at any time. A reference to a Product on the Site does not imply or guarantee that it is or will be available at the time of your order. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain Products and to substitute Products without prior notice. You agree to pay any shipping and handling charges shown at the time you make a purchase. All Products should be shipped to you personally and are not for resale or export.
10. Third Party Web sites
You will be able to access or link to third party websites from the Site. Such third party websites provide their own services and content. We do not control those third-party websites, services, products and/or content. At no time does Gourmica act as an agent for such a sale. Gourmica does not and will not process or retain any of your credit card information associated with any purchase from a third party Site. Transactions for the sales of any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Gourmica or its third party service providers. You agree that Gourmica is not responsible, and shall have no liability to you, with respect to merchandise or products, featured or mentioned on the Site. Gourmica does not warrant any of the merchandise or products featured or mentioned on the Site.
You acknowledge and agree that is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
Gourmica is not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
11. DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS”, GOURMICA AND ITS LICENSORS, AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. GOURMICA AND ITS LICENSORS, AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF ANY PRODUCT PURCHASED ON THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
12. LIMITATION OF LIABILITY
GOURMICA ITS LICENSORS, AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, PRODUCTS, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE GOURMICA ITS LICENSORS, AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE GOURMICA AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, GOURMICA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE COST OF THE PRODUCT OR PRODUCTS PURCHASED.
14. Use by Minors and Children Under 13 Prohibited
The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We comply with the Children’s Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Site, such as during the registration process.
15. Suspension of Access to the Site
Gourmica has the right to terminate and/or suspend your ability to access the Site the Services for any or no reason, without notice.
16. Governing Law
No matter where you’re located, the laws of the State of Delaware will govern the Terms and the relationship between you and Gourmica without regard to Delaware’s conflicts of laws rules. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree that federal or state courts in Delaware have exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services, purchase of any Products or relating to any breach of the Terms.
17. Dispute Resolution and Arbitration
a. Generally. You and Gourmica agree that every dispute arising out of or in connection with the Terms, purchase of Products, or your use of the Services will be resolved by binding arbitration with the exception of:
(i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms, your purchase of Products, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GOURMICA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
c. Arbitrator. Any arbitration between you and Gourmica will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, 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 Gourmica. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”) at: Gourmica North America LLC; 8 The Green, Suite # 12987, Dover, DE 19901, USA; [email protected]
The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Gourmica may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Gourmica must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Gourmica in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
f. No class actions. YOU AND GOURMICA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Gourmica agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this arbitration provision. 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 to our address for Notice within 30 days of the change, in which case your account with Gourmica will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
h. Cause of action. You agree that any cause of action arising out of or related to the products must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.
Please direct any inquiries or complaints as outlined in this Agreement to the below address:
Gourmica North America LLC
8 The Green, Suite # 12987, Dover, DE 19901, USA
T +1 (855) 912-0855
Email: [email protected]