Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY;
THIS IS A BINDING CONTRACT.

Welcome to Guaripete Solutions! Your access and use of the Guaripete Solutions website located at https://www.rodulfox.com (the “Site”) and features, products, and services offered by Guaripete Solutions, Inc. (“Guaripete Solutions”, “we”, “us” or “our”) on or in connection with the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and Guaripete Solutions and are sometimes referred to herein as the “Agreement.”

The Service provides individuals or businesses seeking to obtain technical support or other home or personal services (“Customer”) with a platform where they can engage an individual seeking to provide the selected technical support, or home or personal services (“Service Professional”). A Customer will use the Service in order to select the desired services and set up a time for the Service Provider to perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users.” The Service and the Site are collectively referred to as the “Platform.”

Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area.

1. Acceptance of Terms

By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further agree to receive all communications, agreements and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Service and/or access to the Platform, the requirements imposed on you when managing your User account (an “Account”) and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).

You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.

2. Modifications of Terms

Guaripete Solutions, in its sole discretion, may modify these Terms at any time effective upon posting the modified Terms on the Site. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Site and to provide Guaripete Solutions notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. YOUR CONTINUED USE OF THE SITE AND SERVICE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.

3. Use of the Platform

Subject to full compliance with these Terms, Guaripete Solutions grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Platform for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms, without the express written consent of Guaripete Solutions. Guaripete Solutions may modify, update, suspend or discontinue the Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Guaripete Solutions shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. Termination

Guaripete Solutions may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not to access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that Guaripete Solutions reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Platform. You understand that Guaripete Solutions may exercise this right in its sole discretion, and this right shall be in addition to, and not in substitution for, any other rights and remedies available to Guaripete Solutions.

All provisions of these Terms that, by their nature, should survive termination shall survive the termination of your access to the Platform, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

5. User Accounts and Security

5.1. User Account

To access certain aspects of the Platform, you must have an Account. You can create an Account by completing the registration process on the Site. We may require that you provide login information such as a username and password to access and utilize your Account.

You may be required to provide information about yourself as part of the registration process or your continued use of the Platform. As a condition of your use of the Platform, you agree to (a) provide Guaripete Solutions with true, accurate, complete, and current information as prompted by Guaripete Solutions’s registration forms, when registering for or using the Platform and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.

5.2. User Account Security

Maintaining your Account security is very important. You are solely and fully responsible for maintaining the confidentiality of your Account password or other Account information not generally available to others and for all activities that are conducted via your Account. You agree to notify Guaripete Solutions immediately if you become aware of any unauthorized use of your username and password or of your Account.

5.3. User Account Sharing or Transfers

Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with, or disclose your password to, anyone else.

5.4. Deactivation by You

You have the right to deactivate your account at any time. You may deactivate your account by emailing us at [email protected], or by texting us at 1-786-277-1213. We may maintain a record of account and order history for deactivated accounts.

5.5. Termination by Guaripete Solutions

In its sole discretion, Guaripete Solutions may terminate your Account at any time for any reason or no reason, including if: (a) Guaripete Solutions determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Guaripete Solutions; (b) Guaripete Solutions determines it is required by law to terminate your Account; or (c) Guaripete Solutions decides to stop providing the Platform or critical portions of the Platform. When terminating your Account, Guaripete Solutions may delete the Account and all the information in it. You have no ownership rights to your Account.

5.6. Effect of User Account Deactivation

If you voluntarily deactivate your Account, you may reactivate that Account at any time by contacting us via email at [email protected], or by telephone at 1-786-277-1213. Accounts terminated by Guaripete Solutions for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason without the consent of Guaripete Solutions, which may be withheld in Guaripete Solutions’s sole and absolute discretion.

6. Cancellation and Rescheduling

The terms and conditions related to canceling or rescheduling your booked appointments are stated in our Cancellation & Reschedule Policy, which may be updated from time to time without notice. Please review the Cancellation & Reschedule Policy carefully.

7. Pricing and Payments

7.1. Fees and Payments. All prices, fees and other amounts for the Platform are set forth on the Site (the “Fees”). All amounts shall be expressed and paid in United States Dollars. All Fees are subject to change at any time without notice; no Fee is confirmed until the checkout process is complete. The Fees may include a platform fee and safety and support fee, in which case such fees will be indicated as a line item at checkout. Except as otherwise expressly set forth herein or as expressly approved by Guaripete Solutions in writing in its sole discretion, all payments made are final and non-refundable and a User shall not have the right to cancel the purchase for any reason. If you use any payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. Guaripete Solutions shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).

7.2. Payment Processing. When you make a Booking, we will place a hold on the credit card that you provide to us at the time of Booking, in the amount of the anticipated charge for the applicable Booking. Upon your marking the Booking as complete via the mobile app for Service Professionals or other method facilitated by Guaripete Solutions, such credit card will be charged if payment was not made via other means on the Platform. You may change the payment method at any time prior to job completion by emailing us at [email protected] or by texting us at 1-786-277-1213. Fees for cancellations and rescheduled Bookings, in accordance with the cancellation and rescheduling terms referred to in Section 6, will be charged to the credit card provided at the time of Booking.

7.3. Failed Transactions. In the event that Guaripete Solutions is unable to successfully charge any linked payment instrument, Guaripete Solutions will notify you via email and/or within the “My Account” page, and you will be unable to initiate further orders or transactions with your Account. Upon Guaripete Solutions’s notification to you of such failure, you agree to link a different, valid payment instrument as soon as possible but in any event within three (3) business days. Your Guaripete Solutions Account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by Guaripete Solutions. Guaripete Solutions is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by Guaripete Solutions. To the extent that Guaripete Solutions is unable to successfully charge any payment instrument linked to your Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Guaripete Solutions may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to Guaripete Solutions. You agree that you will be responsible for any legal, court, arbitration or collection fees associated with rectifying your account and all monies owed thereunder. You agree that Guaripete Solutions, or any agency or business employed by Guaripete Solutions, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with Guaripete Solutions, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.

8. Restrictions and Conditions of Use

8.1. Use Restrictions. Guaripete Solutions permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:

• (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;
• (b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Guaripete Solutions;
• (c) make any false, misleading or deceptive statement or representation regarding Guaripete Solutions or the Platform;
• (d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);
• (e) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform;
• (f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;
• (g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
• (h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
• (i) breach any agreements you enter into with any third parties;
• (j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by Guaripete Solutions in its sole discretion;
• (k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;
• (l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;
• (m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or
• (n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.

9. Links

9.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. Guaripete Solutions provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Guaripete Solutions and Guaripete Solutions is not responsible for the content available on the other websites or services. Such links do not imply Guaripete Solutions’s endorsement of information or material on any other website and Guaripete Solutions disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

9.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and Guaripete Solutions, you must adhere to Guaripete Solutions’s linking policy as follows:

• (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with Guaripete Solutions’s or its licensors’ names and trademarks;
• (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Guaripete Solutions; and
• (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website.

Guaripete Solutions reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, Guaripete Solutions reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).

10. Guaripete Solutions Intellectual Property

10.1. Trademarks. The Guaripete Solutions name and logo are trademarks and service marks of Guaripete Solutions. Unless permitted in a separate written agreement with Guaripete Solutions, you do not have the right to use any of Guaripete Solutions’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

10.2. Ownership. You acknowledge and agree that Guaripete Solutions, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that Guaripete Solutions has designated as confidential and you agree not to disclose such information without Guaripete Solutions’s prior written consent.

10.3. Feedback. You may choose to, or Guaripete Solutions may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that Guaripete Solutions shall own any and all Feedback and Guaripete Solutions shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to Guaripete Solutions all right, title and interest that you may acquire in and to any Feedback.

10.4. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify Guaripete Solutions as follows:

To:
Guaripete Solutions

Address:
1431 SIMPSON RD UNIT 2508 KISSIMMEE FL 34744-4604

Telephone Number:
1-786-277-1213

E-Mail Address:
[email protected]

Such notice must contain the following information:

• your address, telephone number, and email address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. Privacy Policy

By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. Guaripete Solutions may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.

12. Location of Data Processing

The Platform is operated by Guaripete Solutions in the United States. In order for us to provide our Platform, you agree that we may transfer, use and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws; provided, however, that the Platform is not available to, and should not be accessed and used by, residents of the European Economic Area.

13. Submitted Content

13.1. Responsibility for Submitted Content
Guaripete Solutions is not the source of, does not verify or endorse, and takes no responsibility for the content of communications made using the Platform or any materials submitted or made available through the Platform via any function which allows a User to post or share content (which shall include, without limitation, any photograph, image, or other visual likeness of you) (“Submitted Content”). By using the Platform, you agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Platform. In particular, you are responsible for ensuring that you do not submit material that:

• (a) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner;
• (b) is false or is a misrepresentation;
• (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;
• (d) impersonates another person.

Guaripete Solutions may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Platform or its Users, or otherwise enforce the terms of these Terms. Further, Guaripete Solutions may in its sole discretion remove such content and terminate your Account if you submit any content that is in breach of these Terms. You acknowledge that Guaripete Solutions has the right to pre-screen your Submitted Content but has no obligation to do so. At Guaripete Solutions’s sole discretion, any Submitted Content may be included in the Platform in whole or in part in modified form.

13.2. Ownership and License
Guaripete Solutions does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Guaripete Solutions a perpetual, irrevocable, non-terminable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Platform and Guaripete Solutions’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, marketing and redistributing part or all of the Platform (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Platform while the Submitted Content is made available through the Platform. You may take down any of your Submitted Content at any time; however, you acknowledge and agree that Guaripete Solutions may still have access to such Submitted Content and that the above license granted by you to Guaripete Solutions will remain in effect despite your removal of the Submitted Content from the Platform. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.

13.3. Limitation of Liability
You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Guaripete Solutions be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Platform.

14. Utilizing Your Computer or Other Device

Some of the benefits of the Platform require the Platform to access information on your computer or other applicable device. You hereby grant permission for the Platform to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to Guaripete Solutions’s servers for the purposes of analyzing your device’s performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth, and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Platform.

15. NO ENDORSEMENT; DISCLAIMER OF WARRANTIES

15.1. Although Guaripete Solutions displays information about Service Professionals and Users and may collect payments of Fees for Service Professionals, such actions do not in any way constitute Guaripete Solutions’s sponsorship or approval of any Service Professional. Guaripete Solutions does not endorse or recommend any Service Professional, and you agree that Guaripete Solutions is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the Service Professionals.

15.2. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, EXCEPT AS SET FORTH IN SECTION 15.2, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARIPETE SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) GUARIPETE SOLUTIONS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) GUARIPETE SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15.3. SERVICE PROFESSIONALS ARE NOT REPRESENTATIVES OR AGENTS OF GUARIPETE SOLUTIONS. EXCEPT FOR CERTAIN REMOTE TECHNICAL SUPPORT, GUARIPETE SOLUTIONS DOES NOT PROVIDE TECHNICAL SUPPORT SERVICES, AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PROVIDE TECHNICAL SUPPORT SERVICES. USERS HEREBY ACKNOWLEDGE THAT GUARIPETE SOLUTIONS DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROFESSIONAL’S WORK AND, EXCEPT AS SET FORTH IN SECTION 15.2, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

15.4. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE RESPECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY TECH PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. GUARIPETE SOLUTIONS ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.

15.5. NEITHER GUARIPETE SOLUTIONS NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “GUARIPETE SOLUTIONS PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE GUARIPETE SOLUTIONS PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH GUARIPETE SOLUTIONS OR THE PLATFORM.

15.6. GUARIPETE SOLUTIONS ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, SERVICE PROFESSIONALS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. GUARIPETE SOLUTIONS DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY SERVICE PROFESSIONAL(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY SERVICE PROFESSIONAL(S) ARE MADE SOLELY AT THE DISCRETION OF THE SERVICE PROFESSIONAL AND GUARIPETE SOLUTIONS HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE SERVICE PROFESSIONAL(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT GUARIPETE SOLUTIONS SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE SERVICE PROFESSIONAL TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

16. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARIPETE SOLUTIONS AND THE OTHER GUARIPETE SOLUTIONS PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF GUARIPETE SOLUTIONS OR THE OTHER GUARIPETE SOLUTIONS PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF GUARIPETE SOLUTIONS OR ANY OF THE OTHER GUARIPETE SOLUTIONS PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER YOU FOR THE SERVICES.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

17. Indemnification

You agree to defend, indemnify and hold Guaripete Solutions and the other Guaripete Solutions Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that Guaripete Solutions may issue for the Platform from time to time. You further agree to cooperate as required by Guaripete Solutions in the defense of any claim. Guaripete Solutions reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Guaripete Solutions.

18. Governing Law; Jurisdiction

These Terms are governed by Missouri law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Guaripete Solutions agree that, except as otherwise provided in Section 19 below, the state and federal courts located in St. Louis, Missouri will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Guaripete Solutions shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

19. Binding Arbitration

19.1. Arbitration Procedures. You and Guaripete Solutions agree that, except as provided in Section 19.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 19 will control and prevail.

Except as otherwise set forth in Section 19.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Guaripete Solutions will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Guaripete Solutions may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

19.2. Location. The arbitration will take place in St. Louis, Missouri, unless the parties agree to video, phone or internet connection appearances.

19.3. LIMITATIONS. YOU AND GUARIPETE SOLUTIONS AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN GUARIPETE SOLUTIONS AND YOU INDIVIDUALLY. YOU AND GUARIPETE SOLUTIONS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

19.4. Exceptions to Arbitration. You and Guaripete Solutions agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Guaripete Solutions’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

19.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

19.6. Severability. You and Guaripete Solutions agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 19.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19.4 is found to be illegal or unenforceable then neither you nor Guaripete Solutions will elect to arbitrate any Claim falling within that portion of Section 19.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within St. Louis, Missouri, United States of America, and you and Guaripete Solutions agree to submit to the personal jurisdiction of that court.

20. General

20.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Guaripete Solutions as a result of these Terms or your use of the Platform.

20.2. Assignment. Guaripete Solutions may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without Guaripete Solutions’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

20.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

20.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 19.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

20.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Guaripete Solutions of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

20.6. Notices. All notices given by you or required under these Terms shall be in writing and sent to [email protected].

20.7. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

20.8. Equitable Remedies. You acknowledge and agree that Guaripete Solutions would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

20.9. Entire Agreement. These Terms and other agreements, rules, and policies incorporated by reference in these Terms, including, without limitation, the Privacy Notice, constitute the entire agreement between you and Guaripete Solutions with respect to the Platform. It supersedes any and all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Guaripete Solutions relating to the subject matter contained in these Terms. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Professionals and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Guaripete Solutions under these Terms of Service.

DEFINITIONS

“Merchant” refers to any entity whose products or samples can be purchased and/or redeemed via the Site or Mobile Application.
“Mobile Application” means Guaripete Solutions mobile application
“Services” means the services provided by Guaripete Solutions on the Site or Mobile Application.
“Site” means www.vickytoys.com, “Guaripete Solutions” or “Vicky Toys” or “we” or “us” or “our” means Guaripete Solutions.
“User Account” means the user account set up by a user of the Site, Mobile Application and/or Services.

2.REGISTRATION

2.1 Registration is not required to use most of the functions of the Site or Mobile Application or to access most of the Services. However, registration is required to redeem. This is so that we can provide you with easy access to print your delivery orders, view your past activities, and modify your preferences.
2.2 If you are discovered to have registered multiple User Accounts using a single postal mailing address to abuse the Site or Mobile Application or system, they will be deleted automatically without prior notification.
2.3 Each person is permitted to register only once, upon which a User Account will be created.
2.4 If you are under 18 years of age, please seek parental consent before registering.
2.5 Guaripete Solutions reserves the right, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.
2.6 You warrant that your registration details, including but not limited to your name, mobile number, email address and date of birth, are true and accurate at all times and that you shall not impersonate any person or entity. You will maintain and promptly update the information in your User Account to keep it true, accurate, current, and complete. Our Privacy Policy shall apply in respect of any such information provided by you.
2.6.1 If you have any questions about the processing of your personal data or about our Policy, if you do not accept the amended Policy, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your personal data, you are welcome to contact us. The contact details are:
Attention to: Guaripete Solutions
Email: [email protected]
Mail: 1431 SIMPSON RD UNIT 2508 KISSIMMEE FL 34744-4604
2.7.2 All requests for correction or for access to your personal data must be in writing. We will endeavor to respond to your request within 30 days, and if that is not possible, we will inform you of the time by which we will respond to you.
2.7.3 We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.
2.7.4 In many circumstances, we need to use your personal data for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you do not accept the amended Policy or withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.
2.7.5 We may charge you a fee for responding to your request for access to the personal data which we hold about you, or for information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.
2.8 Once registered, you shall be the sole user and operator of your User Account.
2.9 All User Accounts must be registered with a valid email address that you access regularly, in order that, among other things, moderation emails (where required, including notification emails in respect of registration) and notification emails in respect of redemptions made by you may be sent to you. Any User Accounts which have been registered with temporary email addresses may be closed without notice. We may require Users to re-validate their User Accounts if we believe that they have been registered with an invalid email address.
2.10 All User Accounts must be registered with a valid delivery address in order that any products or Samples redeemed by you may be delivered to you at such delivery address. You are responsible to ensure that the delivery address provided in your User Account is correct and accurate.
2.11 If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against you, including but not limited to suspension of any or all your User Accounts.

3.USER ID, PASSWORD AND SECURITY

3.1 In the event that any user ID and/or password is used by you or issued to you by us during the process of your signing up to be a user/member of Guaripete Solutions, you shall protect the secrecy of such user ID and/or password at all times and shall ensure that the user ID and/or password is not revealed or disclosed in any manner whatsoever to any person. You should change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this Site or Mobile Application with your user ID and/or password. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID and/or password.
3.2 Any passwords or rights given to you to obtain information or other contents are not transferable and may only be used by you. You must keep your password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security is known to you. You agree that any person to whom your username or password is disclosed is authorized to function as your agent for the purposes of using (and/or transacting via) the Services, the Site and Mobile Application. Maintenance of the confidentiality of your password is your responsibility.
3.3 If you suspect that your password has been compromised in any manner, you shall immediately inform us and change your password.

4.MAILING ADDRESS AND ADDRESS VERIFICATION

4.1 We may correct your postal address information with standardized postal representation to reduce the chances of mis-delivery due to an incorrect or incomplete address.
4.2 Upon submission of your mailing address(es) to Guaripete Solutions, you are required to double check the accuracy of the address(es). Guaripete Solutions will not be liable for any loss or mis-delivery of any product, sample, or voucher because of your provision of a wrong/invalid address.

5.RETAIL PRODUCTS, SAMPLES, VOUCHERS

5.1 Samples/vouchers/products are subject to availability and will only be provided to you if you have adequate points for redemption or paid the purchase price (whichever applicable) and paid the delivery fee.
5.2 The posting of prices on the Site or Mobile Application is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between you and us is not entered into until we charge a valid credit card or otherwise accept payment from you.

6.TITLE AND DELIVERY OF PRODUCTS, SAMPLES AND VOUCHERS

6.1 All products, samples and vouchers shall be delivered via post.
6.2 All title and risk of loss and damage of products, samples and vouchers will be passed to you when your order is dispatched by Guaripete Solutions.
6.3 Guaripete Solutions will deliver the products, samples, and vouchers according to the instructions in your order as accepted by Guaripete Solutions. In the event the wrong products, samples and/or vouchers are delivered to you, please take a photo of such wrong products, samples and/or vouchers and send it to [email protected] for verification purposes. Upon verification, we will redeliver the correct products, samples and/or vouchers (as the case may be) to you. You are not required to return the wrong products, samples and/or vouchers to Guaripete Solutions.
6.4 For the avoidance of doubt, Guaripete Solutions does not deliver products, samples, or vouchers to any address outside of Singapore under any circumstances.

7.COLOR / PRODUCT DESCRIPTION

7.1 We have made every effort to display as accurately as possible the colors of our products and samples on the Site or Mobile Application. Notwithstanding that, as the actual colors you see will depend on the settings of your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, dependable, current, or error-free. If a product or sample offered by the Site or Mobile Application is not as described, Clause 6.3 above shall apply.
7.2 The effectiveness of any product or sample varies from case to case. Reviews of products and samples, which contain statements in relation to the effectiveness of any products or samples, may be found on the Site or Mobile Application or on third party websites. We do not warrant the accuracy of any statements made by the reviewers in such reviews and accordingly we shall not be liable for any inaccuracy or misrepresentation in such reviews.

8.PAYMENTS

8.1 You represent and warrant that if you are making any payments relating to the Services, any payment information you provided is true, correct, and complete.
8.2 You will pay the charges incurred for your use of the Services at the posted rates, including any applicable taxes, via the Site or Mobile Application. Payment via the Site or Mobile Application shall be completed through Stripe/GoUrl secured payment gateway.
8.3 All payment must be made in full. Guaripete Solutions may retain any item for which we have not received payment in full until such time we receive full payment. We also reserve the right to dispose the item in any manner we deem fit in accordance with these Terms and Conditions.
8.4 We do not accept any request to split the payment for one (1) or more products, samples or vouchers which are made in one (1) or more orders.

9.CONTESTS

9.1 The Contest is organized by Guaripete Solutions.
9.2 Participation in the Contest is subject to these Terms and Conditions (“these Terms and Conditions”).
9.3 By participating in the Contest, each participant accepts and agrees to be bound by these Terms and Conditions, and any amendments, additions, replacements, variations, and modifications hereto, which shall be final and binding in all respects. Guaripete Solutions reserves the right at its sole discretion to amend, replace, vary and/or modify these Terms and Conditions without notice to the participant. Any non-compliance with or breach of any of these Terms and Conditions may disqualify a participant at any stage of the Contest, and any prizes won may be forfeited, withheld, withdrawn, or reclaimed.
9.4 The qualifying period for the Contest will be stated clearly on all communication posts (“Contest Period”).
9.5 To enter the Contest, a participant must follow all instructions stated on the contest postings to register your chance to win.
9.6 A participant who completes the steps listed in the contest postings during the Contest Period will receive ONE entry in the Contest (“Entry”).
9.7 Each participant shall only be entitled to win ONCE in the Contest, regardless of the number of entries submitted by such participant.
9.8 The Contest is open to Singaporeans, Permanent Residents, and others residing in Singapore, who are aged 13 years old and above. Winners who are below 18 years old will need to be accompanied by a parent or legal guardian when claiming their prize. Employees of Guaripete Solutions and their immediate family members (including spouses, children, parents, brothers, and sisters) are not eligible to participate in the Contest. Winners will be required to sign a statement confirming their eligibility before prize collection.
9.9 The Contest will be drawn randomly from the pool of Entries by Guaripete Solutions on the next working day at 15:00 hours at Huntersville after the contest ended.
9.10 All winners will be announced on Guaripete Solutions’ social media platforms. Guaripete Solutions’ decision at all stages of the Contest is final. No enquiries or appeals, verbal or written, shall be entertained. Winners shall present such documentation as Guaripete Solutions may require for Guaripete Solutions to verify the identity of the winner and, where applicable, eligibility, of the winner for a prize. If Guaripete Solutions subsequently determines that a person is in fact not eligible for a prize or to participate in the Contest, for any reason whatsoever, the organizing may, in its sole discretion, reclaim such prize and award or dispose of such prize in such manner and/or to such person(s) as Guaripete Solutions may deem fit.
9.11 The participants shall be deemed to have accepted all decisions by Guaripete Solutions concerning, without limitation, these Terms and Conditions, the procedures and regulations of the Contest, the award of prizes and any other matters relating to the Contest, and to have agreed to abide by such decisions, terms and conditions, procedures, and regulations.
9.12 Prizes are subject to availability and Guaripete Solutions reserves the right, at any time and in its sole discretion, to substitute, withdraw, add to, or alter, any of the prizes offered under the Contest without notice to the participants. Prizes are not transferable, not refundable, and not exchangeable for cash or other items, in full or part, and are not replaceable if lost, damaged or stolen. Guaripete Solutions accepts no responsibility for any tax or other liability that may arise from the prizes. A winner shall not be entitled to any compensation, benefit or substitution in any form should the prize be forfeited, withheld, unused or reclaimed.
9.13 Guaripete Solutions will not be liable for any direct and indirect losses, damages, and claims, howsoever caused. All warranty claims regarding a prize should be directed to the applicable manufacturer or merchant. No representations, warranties, terms or conditions that are not expressly stated in these Terms and Conditions shall apply to Contest or in respect of the prizes, save to the extent that such representations, warranties or terms may not be excluded by law, and all implied warranties are hereby excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the prizes.
9.14 Guaripete Solutions reserves the right to withdraw or terminate the Contest at any stage and at any time, if deemed necessary in its sole discretion, without notice or liability to any party.
9.15 All prizes (or their equivalent value) which are not won or remain unclaimed after two months of the date of the Contest will be forfeited.
9.16 By participating in the Contest, a Participant shall be deemed to have given his or her express consent to Guaripete Solutions using and/or disclosing such participant’s personal particulars to any person or entity involved in organizing, promoting or conducting the Contest, for the purposes of the Contest. Each participant and/or winner in the Contest consents to Guaripete Solutions disclosing and/or publishing their names, particulars, personal data and pictures / photographs in any manner which Guaripete Solutions may deem fit for publicity and/or advertising purposes in relation to the Contest. The winners in the Contest shall cooperate with and participate in such publicity activity organized by Guaripete Solutions without any compensation and in such manner as Guaripete Solutions may deem fit. The non-compliance by any participant or winner with this clause shall result in his or her disqualification from the Contest and/or being entitled to receive any prize.

10.YOUR RESPONSIBILITY

10.1 You shall use the Services subject to the following conditions:
(a) you agree to abide by and always comply with these Terms and Conditions.
(b) you agree to abide by and comply with the Terms and Conditions of the Site and Guaripete Solutions Mobile App Terms and Conditions.
(c) you agree to submit a copy of your Personal ID for verification purposes if requested by us; and
(d) you have provided all information we require in connection with your registration, and such information is accurate and complete.
10.2 You grant us the right to disclose specific information as required by any applicable law, direction of a regulatory authority or stock exchange or pursuant to a court order.
10.3 You acknowledge that incomplete or erroneous information provided by you may result in loss or delay in the delivery of your product, sample or voucher to your mailing address.

11.OUR RESPONSIBILITY

11.1 We will notify you of the charges you have to pay for your use of the Services.
11.2 In providing the Services, we function as an independent contractor, and we are not an agent of any Merchant(s) or act in any other capacity unless otherwise specifically stated.

12. REFUND AND RETURN POLICY FOR ANY SALE OF PRODUCTS, SAMPLES OR VOUCHERS ON THE SITE OR MOBILE APPLICATION

12.1 The required condition for return of any product shall be determined by the relevant Merchant.
12.2 All products, samples and vouchers are checked by Guaripete Solutions’ staff before delivery to ensure that they are in good condition.
12.3 Once a product is sold, Guaripete Solutions will not entertain any requests for refunds or exchanges of such product. Guaripete Solutions shall only be responsible to deliver the product ordered by you in accordance with Clause 6.3 above. All requests for returns and exchanges of the product shall be directed to the Merchant.
12.4 Our refund and returns policy last 30 days. If 30 days have passed since your purchase, we cannot offer you a full refund or exchange.
12.5 To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
12.6 Several types of goods are exempt from being returned. Perishable goods such as food, HEMP and CBD Oils, Lubricants, flowers, clothing, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, sex toys, hazardous materials, or flammable liquids or gases, pipes, hookah sets or parts, grinders, rollers, smell proof bags, lighters.
Additional non-returnable items:
• Gift cards
• Downloadable software products
• Some health and personal care items
12.7 To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
12.8 There are certain situations where only partial refunds are granted:
• Book with obvious signs of use
• CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
• Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
• Any item that is returned more than 30 days after delivery
12.9 ORDER CANCELLATION
All orders can be cancelled until they are shipped. If your order has been paid and you need to change or cancel it, you must contact us within 12 hours. Once the packaging and shipping process has started, it can no longer be cancelled.
12.10 REFUNDS
Your satisfaction is our #1 priority. Therefore, you can request a refund or reshipment for ordered products if:
• you do not receive them within the guaranteed time (45 days not including 2–5-day processing)
• you receive the wrong item
• you do not want the product you have received (but you must return the item at your expense and the item must be unused)
12.11 We do not issue the refund if:
• your order does not arrive due to factors within your control (e.g., providing the wrong shipping address)
• your order does not arrive due to exceptional circumstances outside our control (e.g., not cleared by customs, delayed by a natural disaster).
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you have not received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you have done all of this and you still have not received your refund yet, please contact us at [email protected].
Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
12.12 EXCHANGES
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at [email protected].
12.13 SHIPPING RETURNS
To return your product, you should send us an email at [email protected].
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
12.14 NEED HELP?
Contact us at [email protected] for questions related to refunds and returns.

13.UNCLAIMED DELIVERIES

13.1 If you fail or refuse to
(i) accept delivery.
(ii) pay for delivery; or
(iii) collect the product, sample or voucher ordered by you, we may at our sole discretion:
(a) where appropriate, contact you and agree on the appropriate action to take.
(b) dispose the product, sample, or voucher in any manner we deem fit without being liable to you.

14.RESTRICTED AREAS

14.1 For the avoidance of doubt, your product, sample, or voucher shall not be delivered to restricted areas.

15.DISCLAIMER AND EXCLUSION OF LIABILITY

15.1 We shall not be liable for all direct, indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention, resulting from your use of the Services, products, samples or vouchers, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of Nature.
15.2 The Services, are provided on an “as is,” “as available” basis without any warranties whether express or implied.
15.3 We give no warranty as to the genuineness or authenticity of any product, sample, or voucher from any Merchant.
15.4 You take responsibility for the use of any products or samples, taking into consideration the constitution of the person using such products or samples. For the avoidance of doubt, we shall not be liable for any consequence of use of products or samples, including but not limited to rash, skin irritation and skin dryness.
15.5 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services, the Site, or the Mobile Application will be free of faults or that Samples will be free of error, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting us at [email protected].
15.6 We do not warrant that your use of the Services, the Site or the Mobile Application will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Services, the Site or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services, the Site and the Mobile Application, access to the Services, the Site and the Mobile Application may be suspended, restricted, or terminated at any time.
15.7 We do not give any warranty that the Services, the Site, and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
15.8 We reserve the right to change, modify, substitute, suspend or remove without notice any information, Samples or Services on the Site or Mobile Application from time to time. Your access to the Site or Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we can. For the avoidance of doubt, we reserve the right to withdraw any information or Samples or Services from the Site or Mobile Application at any time.
15.9 While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness, or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.10 Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
15.11 Although we use reasonable endeavors to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
15.12 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.
15.13 Guaripete Solutions may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. We are not responsible for the content of such advertisements or links, any products, services, or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by Guaripete Solutions of the advertisement or linked site or any content therein. IN NO EVENT WILL GUARIPETE SOLUTIONS BE LIABLE, DIRECTLY, OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

16.INDEMNITY

16.1 You shall indemnify and keep us always indemnified from and against all demands, claims, actions, suits, and proceedings incurred, suffered, or sustained by us in connection with the Services performed for you, and pay us damages, costs, and interest in connection with such demands, claims, actions, suits, or proceedings.

17.TERMINATION BY US

17.1 We reserve the right to terminate or suspend your User Account and/or the Services at any time without assigning any reason.
17.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Services if:
(a) there is abuse or misuse of the Services by you; or
(b) we are of the reasonable opinion that you have breached any of these Terms and Conditions.
17.3 We shall not be liable to you or to any other party for any damages, losses, cost, or expenses howsoever caused by or arising out of such termination or suspension.
17.4 Upon the termination of any User Account, Guaripete Solutions reserves the right to delete from server(s) any information contained in the Site or Mobile Application, including, but not limited to, postings, comments, bookmarks, messages, user ratings and points in account. There will be no refund to any kind on termination and you agree to waive all rights to claim or request of such refund.

18.TERMINATION BY YOU

18.1 You may terminate use of the Services by giving us at least one (1) calendar month’s prior notice in writing to the address specified in Clause 18, and/or click here to contact us.
18.2 Your termination of use of any Services shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges

19.NOTICES

19.1 Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to you if the same is sent by ordinary post or email to the address provided under your User Account, or such other address as informed to us in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever.
19.2 All notices or correspondence from you to us must be in writing and sent to us at the address or email specified below.
Guaripete Solutions
1431 SIMPSON RD UNIT 2508
KISSIMMEE FL 34744-4604
[email protected]

20.ASSIGNMENT AND SUB-CONTRACT

21.1 We have the right to assign or transfer or sub-contract all or part of our rights or obligations here under at our discretion without prior notice to you.

22.CHANGES TO TERMS OF USE

22.1 These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions will be effective upon publication on the Site or Mobile Application. You should therefore read these Terms and Conditions carefully before you place any order. Your continued use of the Services after any modifications to these Terms and Conditions indicates your acceptance of the modified Terms and Conditions.

23.APPLICABLE LAW AND JURISDICTION

23.1 The laws of the United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms and Conditions.
23.2 You accept and agree to submit to the exclusive jurisdiction of the courts of the United States in respect of any dispute or difference arising out of and/or in connection with these Terms and Conditions.