Terms and Conditions of Use

The Terracalla Web Site Agreement

The Terracalla Web Site  http://www.terracalla.com (the “Site”) is an online information service provided by Terracalla (“Terracalla“), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND SERVICES OFFERED. BY ACCESSING OR USING THE SITE AND SERVICES, YOU AGREE TO BE BOUND BY THE LEGALLY BINDING TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Terracalla MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

Pursuant to Terracalla's Terms of Use, you must be 18 years and older to use this site or have permission from a legal guardian. Therefore, this policy makes no provision for individuals under 18 years old. This policy does not apply to the practices of third parties that Terracalla does not own or control, or individuals that Terracalla does not employ or manage.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Terracalla, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to Terracalla a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Terracalla by all means and in any media now known or hereafter developed. You also grant to Terracalla the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Terracalla for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Terracalla.

 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Terracalla TM. Other product and company names mentioned in the Site may be the trademarks or intellectual property of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Terracalla, Terracalla does not operate, control or endorse any information, products or services on the Internet in any way. Except for Terracalla identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Terracalla. You also understand that Terracalla cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

By using this Site, you agree to comply with all of the Terms hereof. The right to use this Site is personal to you and is not transferable to any other person or entity.

Eligibility

Age: Terracalla's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Terracalla may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Terracalla's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

You understand that Terracalla is not the seller of the goods and services advertised. Terracalla is a service provider and transaction handler for third party vendors and sellers (“Vendors”) in connection with the purchase of goods or services from the Vendor. The Vendor, not Terracalla, is the seller and provider of the goods and services. Terracalla is indemnified from any disputes, conflicts and misunderstandings or legal disputes between Vendor and customer.

Terracalla is not the agent of any Vendor or Seller and takes no responsibility for the services or products for which Terracalla makes no warranty as to the quality, safety, usability, or other aspect of the product or service for . Some services  may involve activities that involve potential bodily harm. Terracalla is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, utilizing these services as offered on the Terracalla site. You are responsible for your own actions in utilizing the services

You acknowledge that sometimes there may be interruptions in service or events that are beyond the control of Terracalla, and Terracalla shall not be responsible for any data lost while transmitting information on the Internet. While it is Terracalla’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including without limitation for routine maintenance. Terracalla shall have the right at any time to change or discontinue any aspect  or feature of, including, but not limited to, content, hours of availability and equipment needed for access or use.

We use “cookies” to enhance your shopping and browsing experience. The cookies tell us that you have visited our site before. They do not store any personal information such as your email address, street address, phone number, or other private information.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. TERRACALLA PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TERRACALLA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. TERRACALLA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. TERRACALLA HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL Terracalla BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Terracalla OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Terracalla's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Terracalla makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Terracalla web site, please understand that it is independent from Terracalla, and that Terracalla has no control over the content on that web site. In addition, a link to a Terracalla web site does not mean that Terracalla endorses or accepts any responsibility for the content, or the use, of such web site

1. Delivery
As Terracalla is an online venue connecting buyers with sellers, we are not involved with the shipment of goods purchased on our website. Each seller has his or her own shipping method and timeframe for delivery. We do however encourage and remind sellers to ship items within 3 business days.

2. Cancellation and Refund
Each seller on Terracalla's venue has his or her own policy as to refunds and returns and it is at the discretion of the seller as to whether a return or refund is required.  If you wish to cancel a transaction, please contact the seller via support@terracalla.com within 2 business days of placing the order, and if the seller agrees, we will be happy to issue the refund within 7 business days.

2.1 If customer wishes to return item, customer must email support@terracalla.com within 7 days of receipt of goods and Terracalla will notify vendor. Refund will be made only if item is damaged or is not the correct item originally ordered. Refund will  not be disbursed until product is packaged securely and received by the vendor. Other return issues are at the vendor's discretion. If any dispute between customer and vendor takes place regarding refund/return of goods, Terracalla is indemnified from any conflict and/or dispute between vendor/seller and customer.
As per Terracalla's Policy, vendor is obligated to return full price of item, if above conditions apply.
Once funds have been disbursed and if any dispute between customer and vendor takes place regarding/refund. TERRACALLA IS INDEMNIFIED FROM ANY CONFLICT AND DOES RETAIN ITS FULL 15% COMMISSION PLUS  ANY OTHER FEES PREVIOUSLY PAID TO TERRACALLA BY SELLER VENDOR.

3. Indemnification.
You agree to indemnify, defend and hold harmless Terracalla, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

The Vendor is the seller of the goods, services, vouchers and/or experiences which you purchase.  As such, the Vendor shall be fully responsible for any and all loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to a customer or client redemption or attempted redemption by you, in whole or in part. You waive and release Terracalla, its parent company, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, and third parties from any liability for any damages or losses arising out of or otherwise incurred in connection with a redemption or attempted redemption by you.

4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Terracalla and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Termination and Survival:
Terracalla may terminate this agreement without notice at any time for any reason. Without limiting the foregoing, Terracalla  shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Terracalla, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms.

The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Terracalla  and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Terracalla’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Terracalla may assign its rights and duties under this Agreement to any party at any time without notice to you.

7.  Currency.

All Products, Items, Services pricing and other fees and charges on the Terracalla Website are in US Dollars.

We reserve the right to disclose your information pursuant to a requirement of law, regulation or other order requiring disclosure thereof.