TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of gotchas.com (the “Site"). This Site is owned and operated by Gotchas Inc. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Gotchas Inc. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 6 years old. By using this Site, users agree that they are over 6 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of Gotchas.com, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of Gotchas.com.
- Violate the rights of other users of Gotchas.com.
- Violate the intellectual property rights of the Site owners or any third party to Gotchas.com.
- Hack into the account of another user of Gotchas.com
- Act in any way that could be considered fraudulent.
- or post any material that may be deemed inappropriate or offensive.
If we believe you are using Gotchas.com illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Games;
- Toys;
- Electronics;
- Sports;
- Clothing;
- Video Games;
- Jewelry:
- Music/DVD
The following services are available on our Site:
- Universal token economy system for students.
- The services will be paid for in full when schools or school districts enter into agreement with
Gotchas Inc.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your Gotchas payment, we will give you a refund equal to the amount pf the Gotchas Points you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Free Trial
We offer the following free trial of our goods and services: Teachers can register for a free trial and can use Gotchas for 30 days free. At the end of your free trial, the following will occur: Teachers can request a quote to continue services. To cancel your free trial, please follow these steps: Teachers can contact support@gotchas.com.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods: UPS, USPS, Federal Express.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will not be charged for the delivery of the goods you purchase on our Site.
If you purchase goods from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Gotchas Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Gotchas Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Nevada.
Dispute Resolution
Subject to any exceptions specified in these terms and conditions, if you and Gotchas Inc. are unable to resolve any dispute through informal discussion, then you and Gotchas Inc. agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Gotchas Inc. Notwithstanding any other provision in these terms and conditions, you and Gotchas Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these terms and conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these terms and conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(251) 402-3408
support@gotchas.com
P.O. Box 1212
Sparks, NV 89431