Terms of Service
You may visit the Site without registering to become a member. However, in order to enjoy all the benefits of the Site and the services offered through the Site, you must register and become a member. By using the Site, you represent and warrant that you are at least 18 years of age (or at least 13 years of age and visiting under the supervision of a parent or guardian) and legally able to enter into a binding contract. If you are using the Site on behalf of a legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the legal entity and (ii) agree to be bound by the Terms individually, even when acting on behalf of the legal entity.
Changes to the Terms
We may make changes to these Terms from time to time in our sole discretion. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on our Site). Changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue your use of the Site.
Registration and Membership
To register and become a member of our Site:
- Complete the member survey to verify our services are available in your area,
- Select the Plan that works best for you, and
- Provide your valid email address, payment information and create a password to register your profile.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify us of any unauthorized use of your password or account or any other breach or threatened breach of the Site’s security.
Billing and Payments
In using our services, you may be charged local sales tax. By registering to become a member and providing your payment information, you agree that we may save your payment information for your convenience.
If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.
The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.
In the event a product is listed on our Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information provided by our retailers, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your bank or credit card account in the amount of the cancelled charge.
Transactions involving Certain Products
You may have the option to order delivery of alcohol products in some locations and from certain retailers. You will not use GetBaqala to order alcohol products unless you are 21 years of age or older and you will not furnish alcohol products obtained through GetBaqala to any person who is not a lawful consumer. You agree that you will comply with all applicable laws related thereto and not cause GetBaqala, your Shopper, or any retailer to contravene or violate any applicable law. GetBaqala may offer information and a method to connect duly licensed, participating retailers to you to purchase alcohol beverages. GetBaqala does not, and does not intend to, make sales of alcohol beverages. Each participating retailer is the seller of record for the particular products it promotes on GetBaqala and sells to you. GetBaqala HAS NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY RETAILERS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL PRODUCTS PROMOTED OR ACQUIRED THROUGH GetBaqala.
We reserve the right, in our sole discretion, to refuse to offer the delivery of certain items. In the event we choose to refuse to offer certain products after you have placed your order but before the product is delivered to you, we may cancel the portion of your order related to that product and issue a credit to your bank or credit card account in the amount of your cancelled charge.
Intellectual Property Rights
The Site and the content of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by GetBaqala, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. Subject to these Terms, GetBaqala grants you a limited, non-exclusive, non-transferable license to download, install and use the Site for your personal, non-commercial use on a mobile device or computer owned or otherwise controlled by you. You may not:
- Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site or material from the Site;
- Copy the Site or modify copies of any materials from the Site;
- Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site;
- Create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Site (without prior written approval by GetBaqala);
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
- Use the Site for any unlawful purposes or in any way that violates any applicable federal, state, local or international law or regulation;
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam; or
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm GetBaqala or users of the Site or expose them to liability.
All trademarks, service marks and trade names of GetBaqala on the Site are trademarks or registered trademarks of GetBaqala or their respective owners. You may not use such marks without GetBaqala’s or the respective owner’s prior written consent or as provided below in “Third Party Links and Sites”.
You acknowledge and agree that the Site is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms or any other rights thereto other than to use the Site in accordance with these Terms. GetBaqala and its licensors reserve and retain their entire right, title and interest in and to the Site, except as expressly granted to you in these Terms.
Through your use of the Site, you may be able to submit, upload, publish or otherwise make available to GetBaqala textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and GetBaqala, any Content that you provide remains your property. However, by providing Content to GetBaqala, you grant GetBaqala and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Site.
Third-Party Links and Sites
The Site may link to other websites operated by third parties. We have no control over these linked sites, each of which has a separate privacy and data collection practices independent of GetBaqala. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
The following organizations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
- Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.
The above-listed organizations may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
By registering to become a member, you agree that we may send you text (SMS) messages in order to provide you with the services and products offered through the Site. You may opt-out of receiving text (SMS) messages from Company at any time by contacting GetBaqala HQ via firstname.lastname@example.org, provided however that opting out of text (SMS) messages may affect your use of the Site and the services and products offered through the Site. You may continue to receive text messages for a short period while we de-activate your account, and you may also receive text messages confirming the receipt of your de-activation request.
GetBaqala respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Site violates your copyright, please send GetBaqala a written notice of infringement to our Copyright Agent (identified below), using the contact information listed below, containing the following information:
- A description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the GetBaqala Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);
- Your contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
- An electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright.
If you fail to substantially comply with the above requirements, contained in Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and we may not have to take corrective measures against the alleged copyright infringement. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Please be aware that if you knowingly materially misrepresent that material or activity on our Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
If you are linking to our Site, we reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request.
We may terminate your use of the Site and the services offered on the Site at any time, for any reason and GetBaqala may prohibit your use of the Site and services offered on the Site at any time in our sole discretion. The terms of these Terms shall remain in effect at all times after the termination of your use of the Site and the services offered on the Site.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GetBaqala DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GetBaqala DOES NOT REPRESENT OR WARRANT THAT THE SITE AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GetBaqala DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
GetBaqala SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF GetBaqala HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GetBaqala WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR GetBaqala’S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR. IN NO EVENT SHALL GetBaqala’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
GetBaqala MAY INTRODUCE YOU TO SHOPPERS FOR THE PURPOSES OF PROVIDING COURIER SERVICES. YOU EXPRESSLY WAIVE AND RELEASE GetBaqala FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SHOPPERS. GetBaqala WILL NOT BE A PARTY TO DISPUTES BETWEEN YOU AND SUCH SHOPPERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless GetBaqala, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of any rights of any third party, including Shoppers or any party providing services arranged via the Site, or (iii) the use or misuse of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
These Terms, along with any rules, guidelines or policies published in the Site constitute the entire agreement between GetBaqala and you with respect to your use of the Site and the services and products offered through the Site. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice and conflict of law rules. You may not assign your rights or obligation under these Terms without the prior consent of GetBaqala. GetBaqala’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that GetBaqala may have pursuant to any intellectual property laws or other laws. All rights and remedies available to GetBaqala, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.