Welcome to the Driftaway Coffee website (the “Website”) hosted by Driftaway Inc. (hereafter also referred to as “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using, subscribing, purchasing or downloading any materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”). If you do not agree with the Terms & Conditions, you may not use the Website.
ACCESS AND COMPLIANCE
By accessing the Website, you agree to be bound by the Terms & Conditions, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms & Conditions periodically to be aware of modifications. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of the modified agreement.
In order to utilize certain services offered by the Website, you may need to create a subscription or account. You agree to (a) create only one account/subscription; (b) provide accurate, truthful, current and complete information when creating your account/subscription; (c) maintain and promptly update your account/subscription information; (d) maintain the security of your account/subscription by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account/subscription; and (f) take responsibility for all activities that occur under your account/subscription and accept all risks of unauthorized access.
INFORMATION AT THE WEBSITE
Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us via e-mail at [email protected]
USE OF THE WEBSITE
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
Collecting information about the Website or users of the Website without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
Accessing or using the site for commercial or competitive purposes;
Disguising the origin of information transmitted to, from, or through the Website.
Impersonating another person;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access or use the Website;
Using the Website for any purpose in violation of local, state, national, international laws
Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
We expressly reserve the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms & Conditions. In addition to violating the Terms & Conditions of the Website, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
Any unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your subscription or account or your use of this Website at any time, for any reason or for no reason. To the extent you have orders pending when you terminate your account or use of the Website, you remain personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
COPYRIGHTS AND TRADEMARKS
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services are protected by international, federal and state copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks is Driftaway Inc., its affiliates or respective third party authors, developers or vendors (“Third Party Providers”). Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Driftaway Inc. and/or a Third Party Provider. Also, you may not “mirror” or “archive” any contents displayed on or otherwise accessible from the Website on any other server without the prior express written permission of Driftaway Inc.
You are ineligible to use this Website if you are under the age of 14. We do not accept any users who are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian agrees to these Terms & Conditions. If you are under the age of 18, your parent or legal guardian’s consent to these Terms & Conditions is ongoing and they hereby warrant that they will review these Terms & Conditions for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms & Conditions.
Terms & Conditions Regarding Purchases and Subscriptions
Prices and offers are subject to change.
The Subscription Contract Between You And Us
Driftaway Inc. offers various subscription types: including rebillable pay-as-you-go subscriptions (“PAYG Subscriptions”); prepaid subscriptions (“Prepaid Subscriptions”); and gift subscriptions (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of Driftaway Inc. subscriptions subject to automatic renewal, you agree that Driftaway Inc. may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Driftaway Inc. reasonably could act.
By purchasing a PAYG Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Driftaway Inc. after the expiration date of your payment card.
AUTOMATIC RENEWAL TERMS
Your subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your PAYG Subscription renewal.
CANCELLATION POLICY FOR PAYG SUBSCRIPTION RENEWALS
To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at [email protected] and we will do it for you, or (iii) go to support.birchbox.com. If you cancel, you may use your subscription until the end of your then-current subscription term.
By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for a selected duration and a recurring Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Driftaway Inc. after the expiration date of your payment card.
AUTOMATIC PREPAID RENEWAL TERMS
At the end of each prepaid subscription term, your subscription will be automatically extended for another term of equal duration and your payment method will automatically be charged the Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.
CANCELLATION POLICY FOR PREPAID SUBSCRIPTION RENEWALS
You may only cancel your current Prepaid Subscription during the 30 days of the subscription. To cancel your Prepaid Subscription renewal for the following subscription period, at any time after you were billed for the then-current period, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at [email protected] and we will do it for you.
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
SALES TAX POLICY
In connection with the sales of goods, our site collects and remits sales tax as required by U.S. law
PAYING FOR YOUR ORDER
You may pay for your orders with major debit and credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, American Express and Discover Card. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to limit or prohibit sales to dealers and resellers.
All sales made through the Website are subject to our return policy. Your complete satisfaction is our top priority. If you are not 100% satisfied with your purchase for any reason, we will gladly accept returns of packages within 14 days of the shipment date and issue a full refund.
We ship via USPS, and other premium carriers to provide expedited service.
The following issues with orders may result in delayed shipping:
Incorrect shipping address
Shipping address does not match billing address
Payment delay or issue
Carrier failure to deliver (e.g. severe weather conditions)
TRACKING YOUR ORDER
When your order ships, you will receive an email with shipping and tracking information.
FINDING YOUR BOX
If the tracking information shows the order has been delivered, be sure to check everywhere – occasionally, carriers leave deliveries with neighbors, building managers, or places like your porch, garage, or even behind bushes. If there is no tracking information or the tracking information shows the item was returned to us, please contact us by email or phone. We may have the wrong shipping address, the driver may have unsuccessfully attempted delivery, or the carrier may have lost it.
IF YOU’RE NOT HOME
It’s up to the driver’s discretion whether to require a signature for delivery, drop the package off at your doorstep or to leave it with a building manager or doorman. If the driver believes it’s best to obtain a signature, he or she will try a few times to secure one. When a package is returned “undeliverable,” you should get a full refund unless it is determined that the order was improperly refused. Undeliverable orders will not be resent. You must place a new order to receive your items.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DRIFTAWAY INC. EXCEED $500.00. IN NO EVENT SHALL DRIFTAWAY INC. OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
You agree to indemnify, defend and hold harmless Driftaway Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Driftaway Inc., resulting from any violation of these terms by you or any other person accessing the Website.
Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.
GOVERNING LAW & EXCLUSIVE VENUE
Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of New York.
You may not assign these Terms & Conditions without the prior written approval of Driftaway Inc. Any purported assignment in violation of this section shall be void. Driftaway Inc. reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Driftaway Inc.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: [email protected]
Terms & Conditions last modified Apr 20, 2016.