By purchasing any products through our website located at www.IYLIA.com, our mobile application, or through one of our channel partner sites or services (collectively hereinafter the “Site”), you signify that you have read, understand and agree to the following return policy.
GENERALLY, WE DO NOT ACCEPT ANY RETURNS OR EXCHANGES, AND DO NOT PROVIDE ANY REFUNDS.
We may consider returns or exchanges on a case by case basis if your product has been damaged during delivery through no fault of your own. If you would like us to consider a possible return or exchange, please contact us at firstname.lastname@example.org. Our customer service team will provide you with the contact information merchant from which your product was delivered and allow you to communicate directly with the merchant. You must send a valid picture of the damaged product to the merchant and follow any additional instructions or requests from the merchant. If a return or exchange is granted, the merchant will refund a return or offer a product in exchange for the damaged product. Thirstie’s customer support team will offer assistance in assistant you with your communications with the merchant if requested.
THIRSTIE DOES NOT GUARANTEE THAT A MERCHANT WILL AGREE TO ACCEPT A RETURN OR EXCHANGE.
(THIRSTIE is the retail partner of IYLIA LLC)
User Information. To facilitate our Services, we collect contact information such as name, date of birth, phone number, address, username, password, order history, company name, store manager contact information. In the event that the product is a gift from the individual who places the order, we collect recipient’s name, phone number and company name.
Communications with Us. We collect personal information such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
Interactive Features. We may offer interactive features such as commenting functionalities, review forums, blogs, chat services, and social media pages. We and other individuals who use our Services may collect the information you submit or make available through these interactive features. Any information shared on the public sections of these channels will be considered “public” and may not be subject to the privacy protections referenced herein.
Non-Personal Or Aggregate Information. When you visit or use the Site, we may automatically collect certain non-personally identifiable information about you. In addition, we may also aggregate information collected from our users. Non-personally identifiable information or aggregate information may be disclosed and/or used for our business purposes in accordance with applicable law.
· Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to stop or restrict the placement of cookies and similar technologies on your device or flush them from your browser by adjusting your browser or device preferences, in which case you may still use our Site, albeit with limited functionality. Further information on cookies is available at www.allaboutcookies.org.
· Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
· Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application such as a third-party login service, we may collect information about you from that third-party application that you have made available via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to provide you with the Services.
We use information for a variety of business purposes, including to:
Fulfil our contracts and provide our Services, such as:
· Managing account information;
· Responding to questions, comments, and other requests;
· Providing access to certain areas, functionalities, and features of our Services;
· Communicating with you about your account, activities on our Services and policy changes;
· Answering your requests for customer or technical support.
Analyze and improve our Services pursuant to our legitimate interest, such as:
· Measuring interest and engagement in our Services;
· Conducting research and development;
· Developing new products and Services;
· Ensuring internal quality control;
· Verifying your identity and preventing fraud;
· Detecting bugs or other software issues;
· Preventing potentially prohibited or illegal activities;
· Enforcing our Terms
· To comply with our legal obligations, protect your vital interest, or as may be required for the public good.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
We may share your personal information with the following categories of third parties:
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services you have requested; payment processors; customer service providers; and Retailers to support the provision of the Services. Service Providers receive limited personal information only as needed to deliver those products and services.
Affiliates.We may share personal information with our affiliated companies.
Advertising Partners.Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information(such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising”or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and Consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use anonymous information regarding your activities on our Services and for other legal purposes as described above.
“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
· request confirmation of whether we are processing your personal information;
· obtain access to or a copy of your personal information;
· receive an electronic copy of your personal information or ask us to send that information to another company;
· restrict our uses of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, depending on applicable law;
· seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information;
· request erasure of personal information held about you, subject to certain exceptions prescribed by law.
If you would like to exercise any of these rights, please contact us by email at info email@example.com & firstname.lastname@example.org. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at email@example.com & firstname.lastname@example.org. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
Security. We have undertaken and will continue to undertake commercially reasonable efforts designed to prevent unauthorized access to user data retained in our servers. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
Third Party Links.The Site may contain links to other websites not maintained by us. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. The existence of a link between the Site and any other website is not and shall not be understood to bean endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
International Data Transfers. Our Site is maintained in the United States of America. By using the Site, you freely and specifically give us your consent the transfer, processing, and storage of your personal information anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.
Children’s Information. The Services are not directed to children under 21 years of age (13 or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
Welcome to IYLIA.com (“Site”), a website maintained and operated by IYLIA LLC in conjunction with Thirstie Inc. (“Company”, “we”, “our”or “us”).
YOUR ACCESS TO AND USE OFTHE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OFTHE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Use of Site: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other person's use of the Site, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another Site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all patents, copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials on the Site without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by Company. We do not accept any unsolicited ideas from outside the Company including without limitation suggestions about additions to our services or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us on its creation. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed and without compensation to you.
No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS AND CONDITIONS, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED INTHE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USEOF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE ONE HUNDRED UNITED STATES DOLLARS.
Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, advisors, investors, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Site, (ii) any breach by you of any of these Terms and Conditions or (iii) any violation of applicable law.
Governing Law; DisputeResolution; Arbitration: The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claim") are subject to fixed and binding arbitration (except for matters that may betaken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association using the contact information noted below. American Arbitration Association 800-778-7879 (toll-free) Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate. In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS,NON- REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Changes: All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.