This Terms and Conditions Agreement sets forth the standards of use of The Velvet Cactus, LLC. (“TheVelvetCactus.com”) Online Service. By using the www.thevelvetcactus.com website, you (the ”User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.thevelvetcactus.com, The Velvet Cactus website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
REFUND & CANCELLATION POLICY
You may cancel any order at any time until two (2) hours before the scheduled time for pickup by calling The Velvet Cactus location from which you placed your order. Upon cancellation, The Velvet Cactus will refund the total price of the Order to the User, to the credit or debit card used to place the Order.
USE OF SITE
By accessing this Web site you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Velvet Cactus. The Velvet Cactus and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if The Velvet Cactus believes that customer conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of The Velvet Cactus and its affiliates.
You hereby represent, warrant and covenant to us, that you shall: (1.) Provide true, accurate, current and complete information. (2.) Maintain and promptly amend all information to keep it true, accurate, current and complete.
LIMITATION OF LIABILITY
The Velvet Cactus SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR The Velvet Cactus SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF The Velvet Cactus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
This Web site, in its entirety, is the sole property of The Velvet Cactus, LLC. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of The Velvet Cactus and/or its Developers and is protected by U.S. and international copyright laws. All software used on this site is the property of The Velvet Cactus, its Developers, or its affiliates and is protected by U.S. and international copyright laws. The content and software on this Web site may be used as a personal shopping, and e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Web site is strictly prohibited. The application of this Web site, into any other Web site, is strictly prohibited unless pre-approved by The Velvet Cactus or its Developers. By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as dining feedback or reviews of Restaurants, other text, photographs, or graphics (collectively, “Content”) for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose of any Content at any time for any reason or for no reason.
The Velvet Cactus.com and the The Velvet Cactus Logo are registered trademarks of The Velvet Cactus, LLC. and may not be used in connection with any product or service that is not approved by The Velvet Cactus, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Velvet Cactus.
User agrees to indemnify and hold The Velvet Cactus, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.