TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use constitute an agreement (Agreement) between you and MineMine Kids Inc. (MineMine Kids, MMK, we, or us) regarding your use of the website located at www.mineminekids.com (the Site). Your use of the Site and/or any services provided on the Site (the Services), which Services may include suggesting and providing you with the opportunity to view and purchase products and services of third party retailers, constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.
Please read this Agreement carefully before you start to use the Site and/or the Services. By using the Site and/or the Services, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site and/or the Services.
USE OF SITES AND SERVICES
You may use the Site and the Services only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations.
We do not knowingly market or sell products for purchase by children. You represent and warrant that you are at least 13 years of age, you are not permitted to use the Site if you are under age 13. Further, you must possess the legal right and ability to enter into this Agreement. That means that you may only buy items from MineMine Kids if you are over age 18 and thus are legally capable of forming a binding contract with MineMine Kids, or if you are under 18 years of age, but over 13 years of age, you must have the consent and involvement of a parent or guardian. Further, you must be able to abide by and comply with this Agreement, and you must not be a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
The Services are subject to change from time to time without prior notice to you. We reserve the right to withdraw or amend the Site, and any Services or features we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Site to users. You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of this Agreement and comply with it.
You agree not to use the Site or the Services for any unlawful or abusive purpose or in any way which interferes with the ability of MineMine Kids to provide the Site and the Services to its customers, or damages the property of MineMine Kids. Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content or other material on the Site;
- use any manual process to monitor or copy any of the Content or other material on the Site or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Site and to terminate users or reclaim a user’s log-in credentials. We also reserve the right to access, read, preserve or disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of MineMine Kids, its users and the public.
In order to obtain access to certain Services, you will need to register by creating an account with MineMine Kids. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information confidential and up-to-date if it changes. When you register, you will obtain unique log-in credentials (a User ID). Access to the Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by MineMine Kids may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. You agree to notify us immediately at [email protected] if you become aware that your User ID is being used without authorization. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you create an account on behalf of a company, organization or other entity, that includes you and that entity, and you represent and warrant that you are authorized on behalf of that entity to bind the entity to this Agreement, and you agree to this Agreement on the entity’s behalf. You can contact MineMine Kids at [email protected] to disable your account.
MineMine Kids partners with some of the world’s most unique children’s brands and specialty boutiques (Merchant Partners) in order to offer you an online marketplace destination to shop premium fashion and lifestyle items for children through the Site. We operate a single shopping cart and checkout service, allowing you to add multiple items from various Merchant Partners to your shopping bag and have the ease of checking out all these items once on the Site. By completing the checkout process and placing an order, you are offering to purchase the items from the relevant Merchant Partners (and not directly from us). As such, while we are authorized by the Merchant Partners to conclude the contract for purchase on their behalf, we are not a party to that contract and you are not purchasing the items directly from us.
MineMine Kids accepts a variety of payment options via our Checkout service, including credit and debit cards. You will be asked to enter your shipping address and billing/payment details in order to purchase an item. We currently use Stripe, a third party payment process provider, to process certain credit card and debit card transactions you make through the Site via our Checkout service. When you place an order on the Site via our Checkout service, Stripe will authorize your credit or debit card and process the payment transaction on our behalf. If you want to change your existing payment card details, you can do so on your “My Account”page. You confirm that the credit or debit card that is being used is yours or that you have been specifically authorized by the owner of the credit or debit card to use it. All credit or debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.
We take reasonable care to make the Site secure. All credit and debit card transactions made through our Checkout service are processed using our secure systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure, we use Secure Socket Layer (SSL) technology. Please note that, while we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any information you provide when accessing or ordering through the Site.
We attempt to be as accurate as possible in the description of the items on the Site. However, as the descriptions are based on information provided to us by the Merchant Partners, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Site are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the items. Additionally, while we try to ensure that all prices that appear on the Site are accurate, as this information is provided to us by the Merchant Partners, there may be cases where errors occur. If we discover an error in the price of any items that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Merchant Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the items, you will receive a full refund.
OWNERSHIP OF THE SITE AND ITS CONTENT
The Site, and all information, materials and content available on the Site, including without limitation any trademarks, logos, service marks, trade dress, text, data, graphics, icons, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Site, and the underlying code and software in the Site (collectively, Content), is the property of MineMine Kids and/or our Merchant Partners and/or certain other third-parties and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of the party that owns the Content, whether that be MineMine Kids or a third party.
This Agreement permits you to use the Site for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our direction, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by MineMine Kids. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services.
To opt-out of receiving promotional or marketing e-mails from MineMine Kids at a specific email address, you may use the unsubscribe link in the footer of any e-mail sent by MineMine Kids. (Note: It may take up to 10 business days to process your request.)
THIRD PARTY SHARING
If you prefer that we not disclose your information to third parties, including other brands, for marketing purposes, you can contact us by email [email protected]. If you choose to email us, please include your name, email address and physical address and specify "NO THIRD PARTY SHARING" in your request.
Your access to and use of the Site and the Services is at your own risk. THE MATERIALS AND CONTENT CONTAINED IN THE SITE AND THE SERVICES ARE PROVIDED AS IS AND ON AN AS AVAILABLE BASIS. MineMine Kids through and together with its directors, managers, officers, stockholders, members, agents, representatives, employees and affiliated entities (collectively, the MineMine Kids Affiliates and each, a MineMine Kids Affiliate) MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER, INCLUDING ANY RECOMMENDED ITEMS, AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
MineMine Kids makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability or reliability of the Site or the Services or any content thereon. MineMine Kids will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or the Services. You also agree that MineMine Kids has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Site. MineMine Kids makes no warranty that the Site or the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from MineMine Kids or through the Site, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Site or the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Site and the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Site or the Services. We will not be liable to you 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 the Site or the Services or to your downloading of any content posted on the Site, or on any website or application linked to it.
We are not liable to you for any inability to access the Site or the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. In addition, you may have consumer rights under your local laws that this Agreement cannot change.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MINEMINE KIDS, ANY MERCHANT PARTNER OR ANY MINEMINE KIDS AFFILIATE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY ORCHARD MILE AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO (A) THE PROVISION OF SERVICES BY MINEMINE KIDS, (B) THE FULFILMENT OF YOUR ORDERS FROM OUR MERCHANT PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH MINEMINE KIDS, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM MERCHANT PARTNERS, OR (C) YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR MINEMINE KIDS AFFILIATES OR MERCHANT PARTNERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE GREATER OF US$100.00 OR THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PURCHASE AT ISSUE. YOU AND MINEMINE KIDS AGREE THAT THIS SECTION, LIMITATION OF LIABILITY, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND MINEMINE KIDS. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MINEMINE KIDS WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE MINEMINE KIDS AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR VIOLATION OF THIS AGREEMENT, (B) YOUR USE OF THE SERVICES OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTRIBUTIONS, ANY USE OF THE SITE’S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY MINEMINE KIDS AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
RESERVATION OF RIGHTS AND RELEASE
MineMine Kids reserves the right, but has no obligation, to monitor or take any action we deem appropriate regarding disputes that you may have with other customers of ours or any Merchant Partners. To the extent the law permits, you release us from any claims or liability related to any content or user contributions posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchant Partners.
You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and MineMine Kids shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the Rules and Procedures).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and MineMine Kids must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR MINEMINE KIDS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, MineMine Kids will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) MineMine Kids also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or MineMine Kids may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the Northern District of California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the County of Santa Clara, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the County of Santa Clara, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) in this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor MineMine Kids shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in the County of Santa Clara, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
We may change or modify this Agreement from time to time without notice to you. You can review the most current version of this Agreement at any time at the Site. Your continued use of the Site and/or Services after the Agreement has been changed and posted to the Site constitutes your acceptance of the modified Agreement.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of MineMine Kids (including the Site and operations) to a third party. You may not assign this Agreement without our prior written consent.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
This Agreement constitutes the entire agreement between MineMine Kids and you with respect to your use of the Site, materials, content and Services, and it supersedes all prior or contemporaneous communications and proposals between MineMine Kids and you with respect thereto.
Any failure by MineMine Kids to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
All feedback, comments, requests for technical support and other communications relating to the Site and the Services should be directed to MineMine Kids at [email protected].
UPDATED ON September 4, 2016