Terms of Use

 

 

1. Welcome

Welcome to the GrailAlert website (the “Site“) provided to you by GRAIL ALERT. (which will be referred to herein as either “GrailAlert”, “Grail Alert”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you an easier and more interesting ways to shop curated discounts from major fashion retailers. These GrailAlert Terms & Conditions (the “Terms”, “Terms of Use”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

 

2. Registration and Access

Users of the Site are not required to have an account on the Site or otherwise be signed in using a Social Media sign-on or equivalent, in order to use the Site’s functions.
Users may use third-party Social Media sign-on functions, such as Facebook, Twitter or Instagram where applicable, at their own discretion. This service merely exists to save preferences or the like when browsing the Site.
We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at hello@grailalert.com.

 

3. Fees and Billing

GrailAlert is completely free to use, and thus we do not charge any fees or request payments at any point on our Site.
GrailAlert showcases offers from Third-Party Sites and CANNOT be held liable for any fees, payments or transactions that occur on those sites we display.
Neither will we be held liable for any offers from Third-Party Sites regardless of whether they are promoted on our Site.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

 

4. GrailAlert BETA Limitations

PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.

Furthermore, please note that currently the Services were created with the intent to be used by users in North America. You may use the Services outside of such territories, but bear in mind that GrailAlert makes no representations that the Service is appropriate or available for such use.

 

5. Ownership of the Services Provided to You

The underlying platforms of the Services are either the proprietary property of GrailAlert or the proprietary property of our licensors or licensees.
“GrailAlert” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to GrailAlert. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by GrailAlert. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
GrailAlert may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that GrailAlert may use any information you provide consistent with GrailAlert and these Terms of Service.
GRAILALERT CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY MISSPELLINGS; INVENTORY ISSUES; WRONG PRICES AND WRONGLY LISTED DISCOUNTS; SIZINGS; PRODUCTS; OR MODELS; PRODUCTS OR ANYTHING ELSE ON BEHALF OF THE THIRD-PARTY SITES SHOWCASED ON OUR SITE. OUR SERVICES ARE PROVIDED “AS IS”.

 

6. Technical Support

Technical support is provided to you by GrailAlert via email by sending your technical inquires to hello@grailalert.com. GrailAlert does not provide any warraties that we will be able to solve your request in a timeline manner or otherwise assist you, unless you have a written acceptance from Us.

 

7. Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
  • Reverse engineer, decompile, or disassemble any aspect of the Service;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  • Interfere with or disrupt the Service or other user’s use of the Service;
  • Reproduce, duplicate or copy or exploit any other portion of the GrailAlert Site, without the express written permission of GrailAlert;
  • Modify, adapt or hack the GrailAlert Site or falsely imply that some other site is associated with GrailAlert Site
  • Create multiple accounts after your account has been disabled;

Breach of any of the TOS may result in a permanent account ban

 

8. Third Party Applications & Reliability

While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that GrailAlert does not own or control any of these. As GrailAlert serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while GrailAlert monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

GrailAlert also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve GrailAlert from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

 

9. Right to Shut Down, Deny or Limit Access, Remove Content

GrailAlert reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Gleam reserves the right to remove, limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

 

 

10. Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of GrailAlert, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, GrailAlert may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email hello@grailalert.com.

 

11. No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. GrailAlert DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

12. Liabilities and Indemnities

You shall indemnify and save harmless GrailAlert and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by GrailAlert and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF GRAILALERT FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE.

GRAILALERT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY GRAILALERT OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

13. Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how GrailAlert protects your personal information, please refer to our Privacy Policy.

 

 

14. Miscellaneous

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of Denmark, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Viborg, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.