Have fun. Play fair.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for internal/ personal use only, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above or as expressly permitted by us in writing, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it, make any commercial use of any of the information provided on the Site, or make any use of the Site for the benefit of another person or business. We reserve the right to refuse service, terminate accounts, and/or cancel orders, at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
You agree not upload to, distribute, or otherwise publish through this Site any Content (as defined below), information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary or personal rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this Site is solely for informational purposes. Submissions (as defined below) or opinions expressed on this Site or the Platform are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed are those of the vendor and are not made by us or otherwise endorsed or approved by us.
We may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Site or the Platform.
When you use the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, messaging, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree to notify us promptly of any changes to your email address or other contact information.
In addition to the rights applicable to any Submission, when you post comments or reviews, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own, are responsible for or otherwise control all of the rights to the reviews, comments and other Content that you post and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Alyce, Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Alyce, Inc. or its affiliates. All software used on this Site (the "Software") is the property of Alyce, Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. “Alyce.com” (and design), other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Alyce, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion in any marketplace. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our copyrighted materials, trademarks, or service marks in meta tags without prior explicit consent. You grant to us, as applicable, a license to include your trademark(s), logo(s), and other branding to the extent that you have requested the same be included in the Platform or otherwise with communications sent to recipients.
The risk of loss and title for items purchased through your use of the Site pass to the gift recipient (the “Recipient”) upon the vendor’s delivery of the item to the carrier, unless the vendor’s terms of sale provide otherwise. If the gift is lost or destroyed prior to delivery, we will reasonably assist the Recipient in obtaining the repair or replacement of the item utilizing our commercial relationship with the vendor; however, we are not responsible to you or the Recipient for any costs associated with such repair or replacement.
With respect to personal information, you shall only provide information on the Site that you have the right to provide to us. As such, you are solely responsible for the collection of the information or data that identifies the Recipient, including obtaining the requisite consent from Recipient if required under the applicable data privacy laws. You warrant that you have collected such information for a legitimate, lawful purpose. Further, you indemnify Alyce from any claims related to improper collection of Recipient data, improper use of Recipient data, or any other noncompliance with or violation of any applicable data or privacy law that applies to the person or entity collecting such data.
In the event of a data breach, we will promptly inform you of such breach, and you shall be solely responsible for notifying the Recipient and complying with any other requirement under any applicable data privacy law.
You may elect to participate in our subscription program which allows you to open and fund your own account for future gift purchases. Should you choose this option, the following additional terms and conditions apply:
You are responsible for providing accurate contact and other information about your intended Recipient through the Site, which enables us to identify suggested gifts for the Recipient. It is your sole responsibility to ensure that you have obtained all necessary consents and permission to provide to us the personal information of a Recipient. In addition, you are responsible for any costs, expenses, or losses incurred as a result of providing inaccurate Recipient information.
We will provide you with a list of suggested gifts from which you may select, or request that we provide additional suggestions. The choice of gift is at your sole discretion. We will then contact the Recipient and allow them to (1) accept the gift you have selected for them; (2) select an alternative gift of like cost; or (3) elect to forego the gift and allocate the purchase price to a tax-qualified charity of their choice. We will provide the Recipient with a list of suggested charitable organizations.
Prices listed for gifts featured on the Site include shipping, taxes, and all other fees. You will only be charged for the amount listed at the time of selection. No charges will be incurred by the Recipient for accepting their gift. Once you have made a gift selection, we will process the transaction by requesting funds from your credit or debit card holder. If the vendor changes its price for the gift before we are able to process the charge or if the gift becomes unavailable, we will notify you prior to sending the gift. In this instance, you agree that your options are to (a) pay the additional cost, or (b) select another gift at the list price.
As soon as the intent to make a charitable donation is confirmed to us through the Site, and we have received cleared funds from you, we will make sure that they are allocated to the selected charity or charities on our system. We can only accept responsibility for a donation payment reaching the charity or charities once we have received the funds from your credit or debit card provider account. It is your credit or debit card provider’s responsibility to make sure that the funds reach us. If we are unable to make payment due to lack of funds or we feel that it is not appropriate to pass on a donation to the selected charity (for example, if the charity is de-registered, or has a sanction listed against it) then we will notify the Recipient to select a different charity. If we are unable to contact the Recipient then Alyce, Inc., at its discretion, will select an appropriate, alternative charity to pass the donation or payment to. Should you require written confirmation from the charity of the donation for tax or other purposes, it is your responsibility to obtain such confirmation directly from the charity.
Once the cost of a gift has been charged to your credit or debit card, if the card is cancelled or suspended, or if a chargeback or other charge cancellation is initiated before the charge is completed, you agree that you remain responsible for payment as well as reimbursing us for any charges we incur as a result. It is your responsibility to monitor your account for any unauthorized use.
If you become aware of fraudulent use of your credit or debit card, or if it is lost or stolen, you must notify your card provider as soon as possible and we recommend you also update your account with an alternative form of payment.
We do not offer refunds once a gift is purchased or a charitable donation is made. All product refunds must be handled by the merchant from whom the purchase was made. We are happy to provide any information we have available that may be required to make this claim.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with the applicable laws and regulations of the jurisdiction.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR IN ANY TERMS OF SALE THAT GOVERN THE SALE OF A PRODUCT (AS APPLICABLE), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE GOODS OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
The Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries related to copyright infringement) to: legal [at] alyce [dot] com
EFFECTIVE DATE: November 2, 2018
Your privacy is our top priority. Seriously.
Alyce cares about your privacy. We value transparency and commit to being open about our privacy practices, including how we treat any personal information you may consent to share with us. You are not required to share personal information with us in order to access our website, but if you choose to avail yourself of the services on our Platform, we will inform you of the nature of the information you need to provide. In either event, any information you provide us will be protected in accordance it the regulations and statutes that govern such information.
Personal information is information that you share with us about yourself, telephone number, email address, etc. which we use to identify you or a gift recipient.
EFFECTIVE DATE: November 2, 2018
The purpose of this policy is to inform you of how and when we use the information you provide to us on the Site or through your use of the Platform. This notice applies to our collection of information from users of the Site or our Platform.
This policy is effective as of the Effective Date listed above and may change from time to time. Revisions to this policy will be updated by posting on the Site and/or by notification sent to you by email.
We obtain certain personal information from you with your consent and in order to provide you with and communicate with you or a gift recipient about the services offered on our Platform. This collection may occur through the Site, our Platform, telephone discussions, email and other forms of communication.
We will obtain your express consent in order that we may collect your personal information and will provide details of the purpose of collection, what details are required and how your personal information may be collected by us. We may choose to retain your personal information to the full extent of any period as provided by law and statute. We may also choose to delete your information from our databases after a required number of years and/or if the intended purposes for which we have collated your information is completed or no longer relevant. In certain circumstances, we may retain your personal information where there is a legal obligation to which we are subject and where retention is necessary to protect your vital interests or the vital interests of another natural person.
Much of the personal information we collect is so that you can place orders, make purchases, complete transactions, interact with us, or have access to certain features of the Platform or the Site, we may ask you to register or provide certain personal information. This information may include but is not limited to, your name, contact information, email address, age or date of birth, payment information, or a username and password.
We do not share personal information with any third party outside of our organization, other than as necessary to fulfill a specific request, e.g., to process an order. We may use your information to contact you via email in the future to tell you about specials, new products or services, or changes to this policy. If you prefer not to be contacted for marketing purposes, we will respect your wishes and not include you on our list.
Alyce may use personal information in order to facilitate your use of the Platform, including receiving, processing, fulfilling and delivering your purchases. We may use personal information to identify you when you log in to our Platform, to provide a better experience through the Platform, or to personalize your experience across the Platform. We may also use personal information as we believe to be necessary or appropriate to protect our rights, privacy, safety or property, and to allow us to pursue available remedies or limit the damages that we may sustain.
You may at any point retract your consent for us to possess your personal information, by which we will immediately take steps to delete your information from our database.
You may request from us to alter or delete your personal information from our records at any point, however, you are informed that any retraction of consent/deletion and/or alteration of required information may affect our ability to accurately and timely process the information for our requirement.
You will only have access to your personal information and we will require some form of authentication in order to verify that the information you are attempting to access belongs to you. You will not be granted access to information that you are unable to verify as belonging to you.
We may collect non-personal information from you including, but not limited to, demographic data, location data, browser type, your Internet Service Provider or operating system, the URL of previous sites you visited, and your IP address. Unless otherwise required by applicable law, we may use and share this information, which does not personally identify you, for any purpose, including sharing with our partners, affiliates, agents or service providers for various administrative, analytical and marketing purposes.
Cookies: We may collect information from you by using cookies. A cookie is a piece of data stored on a Site visitor's hard drive to help us improve your access to the Site and identify repeat visitors to our Site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is not linked to any personal information that you provide to us as a user of the Site or our Platform.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser's steps for doing so. However, if you do disable cookies, you may not be able to take full advantage of all our online features or access certain functionality of the Platform.
If you are a customer of ours, we, or our third-party partners, affiliates, agents or service providers, may collect information from you by using other analytics tools as well. These help us or a third-party measure advertising effectiveness and manage content on the Platform by informing us of what content is effective. Among other reasons, these tools allow us to measure the usage of each of the services on the Platform used or accessed by our visitors and the effectiveness of certain communications and marketing campaigns. The main differences between a cookie and these tools are that these tools are invisible on a web page and are much smaller.
In order to use the Site, a user must first complete the registration form. During registration, you will be required to give certain information (such as name and email address). This information is used to contact you about any orders you place on the Site or in relation to services we offer in which you have expressed an interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. It is your responsibility to ensure that this information is accurate and complete. Should this information change, you should inform us of the change.
When making purchases through the Platform, we require information from you on our order form. To arrange a purchase through the Platform, you must provide contact information, a credit card, billing address, and we may require additional information, such as a gift message. We will also need the information of the recipient of the gift, this may include name, email, social media account(s), and address. The information we request is used for us to process your order and deliver the gift. If we have trouble processing an order, we will use this information to contact you.
We may also receive personal information from social media platforms, as well as from people with whom you or your gift recipient are friends or otherwise connected on social media platforms. For example, through Instagram, Twitter, Facebook or another third-party service, that third party may pass information about you to us, including, without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated with your account, your profile picture, your physical location, your photos, photo likes, photo tags. We may also collect additional information regarding your gift recipient’s hobbies, interests or "likes" that are available through their profile on the third-party service, any other information that the third party is permitted to share with us, and any information made public in connection with that service. Information should be available on the third party's website on how to control or adjust your privacy settings on that site. We have no control over such third party website.
We may supplement the information you provide to us with data we obtain or receive from third parties, such as our affiliates, marketing firms, data vendors or address verification services. For example, if you change your address and fail to advise us, we may verify your address through a third-party address verification company. We may combine information we collect online with information we collect offline.
We may disclose the personal information you provide us about yourself or a gift recipient to one or more selected third-parties for the purpose of providing you with the services you have requested on the Platform. We work with these vendors to make sure any information we share with them is properly protected and we only share the information necessary for the particular transaction or service.
The Site may contain links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other website(s) that collects personal information.
Our Platform is not directed at children under the age of 18 and we do not knowingly collect personal information from anyone under 18. Indeed, in order to make a purchase through the Platform, you must be 18 and have a valid credit card. Children should always get permission from their parents before providing any information about themselves online, to us or to anyone else. If parents believe their minor children have accessed the Platform and provided their personal information, please contact us.
We take precautions to protect your information. When you submit personal information via the website, your information is protected both online and offline. Our website incorporates privacy controls that allow you to specify whether you would like to receive marketing communications. You can access these controls via this link https://alyce-3974806.hs-sites.com/unsubscribe/.
Wherever we collect and store personal information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect personal information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personal information. The computers/servers in which we store personally identifiable information are kept in a secure environment and safeguarded against unauthorized use.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
If you are a citizen of the EU, to the extent that the legal basis for our processing of your personal information consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. You also have the right to request we delete or erase any personal information we have collected about you under certain circumstances.
211 Congress St., 7th Floor
Boston, MA 02110
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