Terms & Conditions
Terms & Conditions
In General
Masquerade Fundraising, Inc. (“store.masqueradefundraising.com”)
owns and operate this Website. Throughout the site, the terms “we”, “us” and “our” refer to Masquerade
Fundraising, Inc. This document governs your relationship with store.masqueradefundraising.com
(“Website”). Access to and use of this Website and the products and services
available through this Website (collectively, the "Services") are subject
to the following terms, conditions and notices (the "Terms of
Service"). By using the Services, you are agreeing to all of the Terms of
Service, as may be updated by us from time to time. You should check this page
regularly to take notice of any changes we may have made to the Terms of
Service.
Access to this Website is permitted on a
temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
This Website may contain links to other websites
(the "Linked Sites"), which are not operated by store.masqueradefundraising.com.
store.masqueradefundraising.com has no control over the Linked Sites and
accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will
use your information, can be found at https://store.masqueradefundraising.com/privacy. By using this Website, you consent to the processing described
therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not:
commit or encourage a criminal offense; transmit or distribute a virus, trojan,
worm, logic bomb or any other material which is malicious, technologically
harmful, in breach of confidence or in any way offensive or obscene; hack into
any aspect of the Service; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights; send any
unsolicited advertising or promotional material, commonly referred to as
"spam"; or attempt to affect the performance or functionality of any
computer facilities of or accessed through this Website. Breaching this
provision would constitute a criminal offense and store.masqueradefundraising.com
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable for any loss or damage
caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software
and content (including photographic images) made available to you on or through
this Website remains the property of store.masqueradefundraising.com or
its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by store.masqueradefundraising.com and its
licensors. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute
or otherwise reproduce, in any format, any of the content or copies of the
content supplied to you or which appears on this Website nor may you use any
such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase
a product on and subject to the following terms and conditions. All orders are
subject to availability and confirmation of the order price.
Dispatch times may vary according to
availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible.
In order to contract with store.masqueradefundraising.com
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. store.masqueradefundraising.com retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you
have contracted with. This will usually be store.masqueradefundraising.com or
may in some cases be a third party. Where a contract is made with a third party,
store.masqueradefundraising.com is not acting as either agent or principal and
the contract is made between yourself and that third party and will be
subject to the terms of sale which they supply you. When placing an order you
undertake that all details you provide to us are true and accurate, that you
are an authorized user of the credit or debit card used to place your order and
that there are sufficient funds to cover the cost of the goods. The cost of
foreign products and services may fluctuate. All prices advertised are subject
to such changes. Shipping costs are based on the weight of your order and
the delivery method. To find out how much your order will cost, simply add the
items you would like to purchase to your cart, and proceed to the checkout page.
Once at the checkout screen, shipping charges will be displayed. Alternatively, you may select the “Estimate
Shipping Charges” from the Shopping Cart page.
(a) Our Contract
When you place an order, you will receive an
acknowledgement e-mail confirming receipt of your order: this email will only
be an acknowledgement and will not constitute acceptance of your order. A
contract between us will not be formed until we send you confirmation by e-mail
that the goods which you ordered have been dispatched to you. Only those goods
listed in the confirmation e-mail sent at the time of dispatch will be included
in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details,
descriptions and prices which appear on this Website are accurate, errors may
occur. If we discover an error in the price of any goods which you have ordered
we will inform you of this as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund.
Shipping charges will be in addition; such
additional charges are clearly displayed where applicable and included in the
'Total Cost'.
(c) Payment
Upon receiving your order we carry out a
standard authorization check on your payment card to ensure there are
sufficient funds to fulfil the transaction. Your card will be debited upon
authorization being received. The monies received upon the debiting of your
card shall be treated as a deposit against the value of the goods you wish to
purchase. Once the goods have been dispatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
Credit card information is always encrypted during
transfer over networks during each transaction and we do not store any Credit Card Information on our site.
(d) Payroll Deduction (When offered by my Employer)
Each time I choose to utilize the Payroll Deduction option
as offered from time to time by my Employer to make online purchases from
Store.Masqueradefundraising.com I agree to the following:
I hereby authorize my Employer to withhold amounts from my paycheck in accordance with the payment terms and amounts as stipulated by my Employer. If my employment is terminated for any reason before the total amount owed is paid in full, I expressly authorize and voluntarily agree that amounts due pursuant to this payroll deduction may be set off against any amount of pay or other funds in the possession of my Employer that would otherwise be owed to me, and that this is a voluntary reduction of my pay as authorized by appropriate state payroll laws and regulations. Further, I expressly authorize and voluntarily agree that my purchases(s) on this web site will authorize my employer to withhold up to the legal limit of any and all wages due to me if I should fail to pay the full amount to which I have agreed. I agree that if the deduction is required for failure to pay the full amount, the deduction is for the lawful purpose of paying the amount I agreed to for my purchase of items from Masquerade. In the event my employment terminates, and I leave with an unpaid balance, I understand the balance will be collected by the Vendor and I hereby authorize my Employer to release to Masquerade Fundraising, Inc. my name, last known address, phone number and unpaid balance Information. No refunds of any amount will be made by my Employer and my employer will have no obligation to obtain funds on my behalf other than releasing above identified information to Masquerade. Furthermore, any refunds, returns, disagreement or recourse I have in the event of dissatisfaction with the purchased item(s) or the price for such item(s) is between the vendor (Masquerade) and me. I hold my employer harmless for actions taken in reliance upon my authorization for purchases from the website.
Products or Services
Certain products or services may be available
exclusively online through the website. These products or services may have
limited quantities and are subject to return or exchange only according to our
Return Policy. We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region,
or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site
is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
Disclaimer of Liability
The material displayed on this Website is
provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law store.masqueradefundraising.com
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. This does not affect store.masqueradefundraising.com's
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which cannot be excluded or limited under applicable law.
User Product Reviews, Comments, Feedback, and
other Submissions
If, at our request, you send certain specific
submissions (for example, product reviews) or without a request from us you
send creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments. We may, but
have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not violate
any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to
be someone other than yourself, or otherwise mislead us or third parties as to
the origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third party.
Linking to this Website
You may link to our home page, provided you do
so in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This
Website must not be framed on any other site, nor may you create a link to any
part of this Website other than the home page. We reserve the right to withdraw
linking permission without notice.
Disclaimer as to ownership of trade marks,
images of personalities and third party copyright
Except where expressly stated to the contrary
all persons (including their names and images), third party trade marks and
content, services and/or locations featured on this Website are in no way
associated, linked or affiliated with store.masqueradefundraising.com and you
should not rely on the existence of such a connection or affiliation. Any trade
marks/names featured on this Website are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to
describe or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to store.masqueradefundraising.com.
Indemnity
You agree to indemnify, defend and hold harmless
Masquerade Fundraising, Inc., its directors, officers, employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages
and/or costs (including, but not limited to, legal fees) arising from your use
this Website or your breach of the Terms of Service.
Variation
store.masqueradefundraising.com shall have
the right in its absolute discretion at any time and without notice to amend,
remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of the Terms of Service will not be
affected all other clauses remaining in full force and effect. So far as
possible where any clause/sub-clause or part of a clause/sub-clause can be
severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which
we will use to try to resolve disputes when they first arise, please let us
know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no
action, we will still be entitled to use our rights and remedies in any other
situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire
agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and store.masqueradefundraising.com. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of store.masqueradefundraising.com.
Contact Information
.Questions about the Terms of Service should be
sent to us at masqueradeonline@yahoo.com.