Terms & Conditions - Dessert n Dash

DESSERT N DASH TERMS/CONDITIONS – DISCLAIMERS/WARNINGS

By state regulation, Dessert n Dash is prohibited from shipping its products outside of the state of Colorado.

Dessert n Dash offers products with peanuts, tree nuts, soy, milk, eggs and wheat. We cannot guarantee that any of our products are safe to consume for people with peanut, tree nut, soy, milk, egg or wheat allergies.

We take all suggested precautions as specified by the HACCP FDA food safety guidelines in order to avoid any potential contamination of the products prepared by Dessert n Dash. At the same time, we cannot guarantee that the products supplied by either wholesalers or retailers to Dessert n Dash fully comply with HACCP guidelines.

Dessert n Dash is not liable for adverse reactions or illness due to the consumption of foods purchased from Dessert n Dash.

Notes regarding delivery:

We charge a $5 delivery fee for addresses located more than 5 miles and less than 10 miles outside of the 80130 zip code. Deliveries are FREE for closer delivery addresses (and for any delivery addresses with the 80130 zip code).

Pickups of orders (by appointment) are welcome.

Shipments of orders to addresses outside of the specified delivery area may be considered on an order-by-order basis. Shipping charges for such orders will be determined based on the size and nature of the order.

Credit

This document was created using a Contractology template available at http://www.contractology.com.

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Dessert n Dash [and its licensors].

Copyright license

Dessert n Dash grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own [personal and non-commercial] use.

Dessert n Dash does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Dessert n Dash’s prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to Admin@dessertndash.com

Enforcement of copyright

Dessert n Dash takes the protection of its copyright very seriously.

If Dessert n Dash discovers that you have used its copyright materials in contravention of the license above, Dessert n Dash may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Dessert n Dash’s copyright materials that contravenes or may contravene the license above, please report this by email to Admin@dessertndash.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to Admin@dessertndash.com

WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age (or operating with parental/guardian consent) to order from this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Dessert n Dash’s use of cookies in accordance with the terms of Dessert n Dash’s [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, Dessert n Dash and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
[edit or otherwise modify any material on the website; or]
[redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Dessert n Dash’s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Dessert n Dash’s express written consent.]

[Restricted access

[Access to certain areas of this website is restricted.] Dessert n Dash reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Dessert n Dash’s discretion.

If Dessert n Dash provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[Dessert n Dash may disable your user ID and password in Dessert n Dash’s sole discretion without notice or explanation.]

[User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Dessert n Dash a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Dessert n Dash the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Dessert n Dash or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Dessert n Dash reserves the right to edit or remove any material submitted to this website, or stored on Dessert n Dash’s servers, or hosted or published upon this website.

[Notwithstanding Dessert n Dash’s rights under these terms and conditions in relation to user content, Dessert n Dash does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Dessert n Dash makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Dessert n Dash does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Dessert n Dash will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Dessert n Dash has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Dessert n Dash’s liability in respect of any:

death or personal injury caused by Dessert n Dash’s negligence;
fraud or fraudulent misrepresentation on the part of Dessert n Dash; or
matter which it would be illegal or unlawful for Dessert n Dash to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Dessert n Dash has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Dessert n Dash’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Dessert n Dash’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Dessert n Dash.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Dessert n Dash and undertake to keep Dessert n Dash indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Dessert n Dash to a third party in settlement of a claim or dispute on the advice of Dessert n Dash’s legal advisers) incurred or suffered by Dessert n Dash arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Dessert n Dash’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Dessert n Dash may take such action as Dessert n Dash deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Dessert n Dash may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Dessert n Dash may transfer, sub-contract or otherwise deal with Dessert n Dash’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Dessert n Dash in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Douglas County Colorado law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Douglas County Colorado.

Registrations and authorisations

Dessert n Dash is registered with The State of Colorado.

Dessert n Dash’s details

You can contact Dessert n Dash by email to admin@dessertndash.com

PRIVACY STATEMENT

Your privacy is important to Dessert n Dash. This privacy statement provides information about the personal information that Dessert n Dash collects, and the ways in which Dessert n Dash uses that personal information.

Personal information collection

Dessert n Dash may collect and use the following kinds of personal information:

[information about your use of this website, including the creation and storing of internet browser cookies;]
[information that you provide using for the purpose of registering with the website;]
[information about transactions carried out over this website;]
[information that you provide for the purpose of subscribing to the website services; and]
[any other information that you send to Dessert n Dash.]

Using personal information

Dessert n Dash may use your personal information to:

[administer this website;]
[personalize the website for you;]
[enable your access to and use of the website services;]
[publish information about you on the website;]
[send to you products that you purchase;]
[supply to you services that you purchase;]
[send to you statements and invoices;]
[collect payments from you; and]
[send you marketing communications.]

Where Dessert n Dash discloses your personal information to its shippers, agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Dessert n Dash may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Dessert n Dash will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Dessert n Dash will store all the personal information you provide [on its secure servers].

[Information relating to electronic transactions entered into via this website will be protected by encryption technology.]

Updating this statement

Dessert n Dash may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website may contain links to other websites.

Dessert n Dash is not responsible for the content, privacy policies or practices of any third party.

Contact Dessert n Dash

If you have any questions about this privacy policy or Dessert n Dash’s treatment of your personal information, please write:

by email to admin@dessertndash.com