Quidsi, Inc. and/or its affiliates (“Quidsi”) provide website features and other products and services to you when you visit or shop at Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com, use Quidsi products or services, use Quidsi applications for mobile, or use software provided by Quidsi in connection with any of the foregoing (collectively, “Quidsi Services”). Quidsi provides the Quidsi Services subject to the following terms.
By creating and using your account and the Quidsi Services, you agree to the terms of this Account Agreement (the “Agreement”). Please read them carefully.
In this Agreement, “you” and “your” refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. “We,” “us,” “our,” and “Quidsi” refer to Quidsi, its employees, members, representatives, officers, directors, agents, successors and assigns.
If you use the Quidsi Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Quidsi does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. By using the Quidsi Services, you represent that you have the required legal capacity and that you are of the required legal age (i.e., 18 years of age) to enter into this Agreement and that no one except you has any interest in your account with us. Quidsi reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Quidsi in writing, delivered via email and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history. If you fail to notify Quidsi immediately upon your knowledge when any of the above conditions occur, neither Quidsi nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order.
When you use the Quidsi Services, or send e-mails and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, notices and messages on the Quidsi Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
FEES AND PAYMENTS
You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
OPTION TO SCHEDULE YOUR ORDERS
We may offer an option where you can schedule your orders in advance (e.g., scheduling certain orders to be delivered by Quidsi on a monthly, periodic or specified basis). You will need to expressly instruct us should you wish to participate in such a program, whereby we will send you the order(s) you designated in advance and, accordingly, charge the credit card number you have on file with Quidsi prior to shipment. Such pre-scheduled orders may be processed up to ten (10) days in advance so you must provide us at least ten (10) days advance notice if you wish to change or cancel the order. If you fail to provide notice of the change/cancellation within the time period specified above, we cannot guarantee that your request will be complied with until after the order has been shipped. In such event, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with the order already processed or shipped before your request was received.
Do not assume a cancellation or change of ANY order you have made with Quidsi, whether pursuant to a scheduled program or not, has been effected until you receive a confirmation from Quidsi via email or the Quidsi Services. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
ORDER CONFIRMATIONS, STATEMENTS, NOTICES AND OTHER COMMUNICATIONS
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by email, by a posting on the Quidsi Services, or by all other electronic means, all order confirmations, statements of credit balances, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within 48 hours after any such document or information is sent to you or available on the Quidsi Services. In all cases, Quidsi reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Quidsi shall be deemed to be delivered and available to you whether actually received or not. You agree that Quidsi fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Quidsi Services, or in the form of an available download from the Quidsi Services.
Despite our best efforts, a small number of the items on the Quidsi Services may be mispriced. If we discover a mispricing, we will do one of the following:
• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
MONITORING AND RECORDING TELEPHONE CONVERSATIONS AND EMAIL
For your protection and for the protection of Quidsi, and as a tool to correct misunderstandings, you understand, agree and authorize Quidsi, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Quidsi and any of Quidsi's employees or agents and to monitor your electronic communications with Quidsi.
You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
DISPUTES AND APPLICABLE LAW
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Quidsi.
MODIFICATION AND SEVERABILITY
We reserve the right to modify, discontinue or make changes to this Agreement at any time. If any of the terms of this Agreement or other conditions for use of the Quidsi Services are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.