Terms & Conditions
INTRODUCTION
Welcome to Curamia's website. This platform is brought to you by Curamia Tequila. On this site, the terms “Curamia”, “we”, “us”, and “our” refer to the operators of this website. We offer this platform, inclusive of all its features, tools, and services, to you, the user, contingent upon your acceptance of all the terms, conditions, policies, and notices mentioned here.
By accessing our platform or making a purchase, you engage with our Service and consent to be bound by the terms and conditions laid out in this “Terms of Service” section. This agreement applies to all visitors, users, and others who access or use the Service.
Understanding and Acceptance of Terms
Before navigating or interacting with our website, we urge you to thoroughly review these Terms of Service. By engaging with any segment of our platform, you signify your agreement to these terms. Should you find any aspect of these terms unacceptable, we kindly ask that you refrain from using our website and its associated services. Consider these Terms of Service as a formal proposal, and your engagement with our platform as an explicit acceptance of this proposal, strictly under the terms provided herein.
Updates and Revisions
As Curamia evolves, we may introduce new tools or features to our platform. Such additions will inherently fall under the purview of these Terms of Service. We encourage you to revisit this page from time to time to stay informed about the most up-to-date version of our terms. Curamia retains the authority to amend, modify, or substitute any segment of these Terms of Service by announcing such modifications on our website. Your responsibility is to stay informed about such changes, and your sustained engagement with our platform post any modifications indicates your acknowledgment and acceptance of the revised terms.
Platform Hosting
Curamia's digital storefront is facilitated by Shopify Inc., our chosen e-commerce solution, enabling us to offer our diverse range of products and services to our valued customers.
SECTION 1. USER ELIGIBILITY AND ONLINE STORE TERMS
By accessing Curamia's services, you confirm that you've attained the legal age of majority in your respective region or jurisdiction. It's imperative that you refrain from using our offerings for any activities that are illegal or not sanctioned. Additionally, you must avoid introducing harmful or malicious software elements to our platform. Failing to adhere to these terms can result in the immediate cessation of the services provided to you by Curamia.
SECTION 2 - TERMS OF SERVICE CONDITIONS
We, at Curamia, reserve the inherent authority to decline or discontinue our services to any individual or entity, at any juncture, without the need for justification.
Be aware that any content you provide (excluding sensitive financial details like credit card information) might undergo unencrypted transmission across various networks. This might necessitate adaptations to meet the technical specifications of different networks or devices. Rest assured, all credit card-related data is encrypted during its transit across networks for your security.
It's imperative that you refrain from copying, duplicating, reselling, or exploiting any segment of our services, or any content available through our platform, without obtaining a clear written authorization from us.
Note: The titles or headings in this agreement are merely for ease of reference and hold no bearing on the interpretation or scope of the respective sections.
SECTION 3 - RELIABILITY OF INFORMATION
At Curamia, we endeavor to ensure the accuracy and reliability of the content presented on our platform. However, we cannot vouch for the absolute accuracy, completeness, or timeliness of all the information available. The content is primarily for general informational purposes, and users are advised against using it as the sole determinant for decision-making. Instead, it's recommended to consult more primary, accurate, and timely sources before finalizing any decisions. Any reliance you place on such information is strictly at your own discretion and risk.
Our platform may occasionally feature historical data or information. It's essential to understand that such historical information might not reflect the current state of affairs and is provided merely for reference. While we hold the right to alter or update the content on our platform at any given time, there's no binding obligation on our part to regularly update any piece of information. As a user, you acknowledge and agree that keeping abreast of any modifications or changes on our platform is your responsibility.
SECTION 4 - ADJUSTMENTS TO SERVICES AND PRICING
At Curamia, we continually strive to enhance our offerings and services. As a result, the prices of our products or services may be adjusted without prior notification. Additionally, we hold the discretion to make modifications to our services, introduce new features, or even discontinue certain aspects of our platform at any given moment, without the need to provide advance notice.
It's essential for users to understand that Curamia will not bear any responsibility or liability towards you or any third-party for any alterations in pricing, modifications to the services, or if any service is paused or discontinued.
SECTION 5. PRODUCT AND SERVICE AVAILABILITY
At Curamia, we offer a diverse range of products and services, some of which might be exclusive to our online platform. Please note that the availability of certain items may be limited, and they are subject to our Return and Refund Policy, which can be accessed.
While we endeavor to showcase our products as accurately as possible, we cannot guarantee that the colors, textures, or details you see on your screen will exactly match the actual product. This discrepancy can arise due to differences in monitor calibrations or screen settings.
We hold the discretion to limit the sale of our products or services to specific individuals, regions, or jurisdictions and may exercise this right as and when necessary. Furthermore, we may adjust product descriptions, pricing, or even discontinue a product without prior notice. Any promotional offer on our site can be deemed invalid where it's prohibited by law.
Lastly, while we are committed to providing top-quality products and services, we cannot guarantee that every product, service, or information you obtain from Curamia will always meet your expectations or that any discrepancies in our service will be immediately rectified.
SECTION 6. BILLING AND ORDER MANAGEMENT
At Curamia, we value the trust you place in us. However, we reserve the right to refuse, limit, or cancel any order you place with us for various reasons. This could be due to stock limitations, suspected fraudulent activities, or any other reason deemed appropriate by our team. Such restrictions might apply to orders placed under the same customer account, orders that use identical billing and shipping addresses, or orders that seem to be placed by dealers or resellers.
Should there be any modifications or cancellations related to your order, we will make every effort to contact you using the email, billing address, or phone number you provided at the time of placing the order.
To ensure smooth transactions and timely delivery of your purchases, you agree to provide accurate, complete, and up-to-date purchase and account information. This includes promptly updating your account details and other related information, ensuring we can efficiently complete your transactions and reach out to you when necessary.
SECTION 7. THIRD-PARTY INTERACTIONS AND EXTERNAL LINKS
Curamia may occasionally facilitate your access to tools, content, and resources provided by third parties. It's crucial to note that these are made available without our direct oversight, control, or input.
When you choose to interact with these third-party offerings, you acknowledge their "as is" and "as available" nature. Curamia doesn't extend any warranties, representations, or conditions to these tools, nor do we endorse them. Consequently, any engagement with these tools or resources is solely at your discretion and risk. We encourage you to be discerning and familiarize yourself with the terms and conditions set by these third-party providers.
Moreover, our platform might feature links to third-party websites or content. These are not affiliated with Curamia, and we don't bear the responsibility for their content, accuracy, or any transactions you might engage in. It's essential to review and understand the policies and practices of these third-party sites before any interaction. Should you have concerns or issues with third-party products or services, they should be addressed directly to the respective third-party.
As Curamia evolves, we may introduce new features, tools, or services. These will also be governed by these Terms of Service, ensuring clarity and consistency for our users.
SECTION 8. USER FEEDBACK
Whenever you share specific submissions with us, be it at our request (like contest entries) or spontaneously (such as creative ideas, suggestions, or other materials), either online, via email, postal mail, or other means, you grant Curamia the unrestricted right to utilize, modify, publish, distribute, or translate these contributions across any medium. It's essential to understand that Curamia is under no obligation to (1) treat such contributions confidentially; (2) offer compensation for them; or (3) acknowledge or respond to them.
While we reserve the right to monitor and, if necessary, modify or remove content that we deem inappropriate or in violation of these Terms, it's not a commitment on our part to do so. You are responsible for ensuring that your contributions don't infringe on third-party rights, including but not limited to copyrights, trademarks, or other proprietary rights. Additionally, your contributions should be free from libelous content, unlawful materials, or malicious software. Misrepresentation, such as using a false email address or impersonating another individual, is strictly prohibited. You bear sole responsibility for the accuracy and content of your contributions, and Curamia assumes no liability for any user-generated content, whether it originates from you or other users.
SECTION 9. PRIVACY
Your personal information submitted through our platform is governed by our Privacy Policy above.
SECTION 10. ERRORS AND OMISSIONS
From time to time, our platform may contain information that might have typographical mistakes, inaccuracies, or omissions, especially concerning product details, pricing, promotions, offers, shipping costs, transit durations, and product availability. Curamia retains the right to rectify any such errors, inaccuracies, or omissions and to alter or update information or even cancel orders if any data on our platform or any associated site is found to be incorrect, and this can be done without any prior notification, even if it's after you've placed an order.
While we strive for accuracy, we are not obligated to revise, amend, or provide clarifications for any information on our platform or any associated website, unless mandated by applicable laws. Any absence of a specific update or refresh date on our platform or related sites shouldn't be interpreted as an indication that all the information has been updated or revised.
SECTION 11. PROHIBITED ACTIVITIES
While using our platform and its content, you are strictly forbidden from:
- Engaging in any illegal activities or promoting others to partake in such acts.
- Breaching any local, state, national, or international laws, regulations, or ordinances.
- Infringing on the intellectual property rights of Curamia or third parties.
- Harassing, intimidating, defaming, or discriminating against any individual or group based on their gender, sexual orientation, religion, ethnicity, race, age, or any other protected category.
- Providing deceptive or false information.
- Introducing or disseminating viruses, malware, or any harmful code that might jeopardize the operation or security of our platform, associated sites, or the broader internet.
- Unlawfully collecting, tracking, or misusing personal data of other users.
- Engaging in spamming, phishing, or any deceptive online practices.
- Using the platform for any indecent or unethical purposes.
- Attempting to bypass or compromise the security measures of our platform, related sites, or other online platforms.
Violation of any of these restrictions may lead to the immediate termination of your access to our services and platform.
SECTION 12. DISCLAIMERS AND LIMITATIONS
While we strive to provide a seamless and secure experience, we cannot assure that our Service will always be without interruptions, delays, or errors. The outcomes or results from using our Service may not always be as expected or reliable.
Be aware that we might pause or terminate our Service, either temporarily or permanently, without prior notification. Your decision to use or rely on our Service is entirely at your discretion. We provide our Service on an "as available" and "as is" basis, without making any explicit or implicit guarantees, including but not limited to, implied warranties of suitability for a specific purpose, marketability, or non-violation of intellectual property rights.
Curamia, including its executives, employees, affiliates, agents, and other associated entities, will not be held accountable for any damages, losses, or claims, whether they are direct, indirect, incidental, punitive, or consequential, such as lost revenue, lost savings, or data loss, even if we've been informed of such potential damages. This includes any issues arising from the use or inability to use our Service, any products acquired through our Service, or any other claims related to the Service. In jurisdictions where the exclusion or restriction of certain damages isn't allowed, our liability will be confined to the fullest extent permitted by the law.
SECTION 13. INDEMNIFICATION
You commit to safeguarding and defending Curamia, including its parent company, subsidiaries, affiliates, executives, directors, agents, contractors, licensors, service providers, and employees, against any claims, demands, damages, or costs, including legal fees, that might arise due to your non-compliance with these Terms of Service, any related documents, or any violation of laws or third-party rights.
SECTION 14. SEVERABILITY
Should any clause within these Terms of Service be found unlawful or unenforceable, that specific clause will be separated from the rest, ensuring it doesn't impact the validity or enforceability of the remaining provisions.
SECTION 15. PARTNER TRANSACTIONS AND MARKETING CLARIFICATIONS
Marketing Partner Role: Our marketing partner, FORTEQUILALOVERS, DOES NOT SELL OR SHIP ALCOHOL. They work with independent vendors, retailers, manufacturers, and other licensed parties (collectively, "PARTNERS").
Sales and Transactions: IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY THEIR PARTNERS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement, or communication is void where prohibited by law. If you wish to purchase any product or service made available by a Partner, you may be asked to supply certain information relevant to the purchase, including, without limitation, your credit card information, your billing address, and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate, or coupon code utilized in connection with any transaction. Any packages that are refused or unable to be delivered by our common carriers will be returned to the Partner at your expense. They will refund to you any product costs minus shipping costs.
SECTION 16. AGREEMENT TERMINATION
All responsibilities and obligations incurred before the end of this agreement will persist beyond its termination. These Terms of Service remain in effect unless either party decides to end them. You can conclude these terms by informing us of your decision to stop using our Services or by discontinuing your use of our platform. Should you breach or if we believe you've breached any provision of these Terms, we reserve the right to end this agreement without prior notice. In such cases, you'll still be accountable for any outstanding amounts up to the termination date, and we may restrict your access to our Services.
SECTION 17. ENTIRE AGREEMENT
Our inability to act upon or enforce any provision within these Terms of Service doesn't imply a waiver of that provision. The Terms of Service, combined with any guidelines or operational rules set by Curamia on this platform or related to the Service, represent the full understanding between you and Curamia. This understanding governs your utilization of the Service, taking precedence over any prior agreements or discussions, be they verbal or written, between you and Curamia (this includes earlier versions of the Terms of Service). In case of any uncertainty in interpreting these Terms of Service, it shouldn't be interpreted against the party responsible for drafting.
SECTION 18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, New York, United States.
SECTION 19. CHANGES TO TERMS
The most recent version of the Terms of Service can always be found on this page. We hold the right to modify, adjust, or substitute any section of these Terms at our discretion. We advise you to periodically review our website for any alterations. If you continue to utilize our platform or Services after any modifications are posted, it indicates your agreement to the updated terms.
SECTION 20. CONTACT
For any queries regarding these Terms of Service, contact us on our Contact page https://curamiatequila.com/pages/contact
AccelPay - Terms of Service
1. Order FulfillmentThe Curamia Tequila (our "Site") is owned and operated by Curamia Tequila. ("we," "us," "our," etc.). Our Site contains links to purchase alcohol products via independent, third-party retailers in the Paiseh, Inc. ("AccelPay") network. We nor this Site is indirectly or directly involved in any sale of alcohol between you and licensed beverage alcohol retailers.This Terms & Conditions of Sale section (together with the documents referred to on it) tells you the terms and conditions on which AccelPay facilitates the sale of any of the distilled spirits products ("Products") listed on our Site to you. Please read these terms and conditions of sale carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions of sale. Please understand that if you refuse to accept these terms and conditions of sale, you will not be able to order any Products.
2. Orders for delivery in USAIf you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay's Privacy Policy, Terms of Use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network. We do not accept any responsibility for delivery of orders of Products within the USA. For your reference, please find AccelPay's Terms of Service, which include information about any orders you make from them, at the following hyperlink: https://www.accelpay.io/company/legal. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.