Terms & Conditions

READ UPDATED TERMS HERE 

Terms and Conditions

Last updated: November 05, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.qavaa.com website and the Qavaa mobile application (together, or individually, the “Service”) operated by Qavaa Group (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Qavaa Group cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Qavaa Group customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Qavaa Group with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Qavaa Group to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Qavaa Group will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Qavaa Group may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Qavaa Group until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Qavaa Group reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Qavaa Group, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Qavaa Group will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Qavaa Group has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Qavaa Group or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Qavaa Group and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Qavaa Group.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Qavaa Group

Qavaa Group has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Qavaa Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Qavaa Group and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Qavaa Group, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Qavaa Group its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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Privacy Policy

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes how Qavaa.com and its affiliates (collectively “Qavaa”) collect and process your personal information through Qavaa websites, devices, products, services, online and physical stores, and applications that reference this Privacy Notice (together “QavaaServices”). By using Qavaa Services, you are consenting to the practices described in this Privacy Notice.

What Personal Information About Customers Does Qavaa Collect?

We collect your personal information in order to provide and continually improve our products and services.
Here are the types of personal information we collect:

• Information You Give Us: We receive and store any information you provide in relation to Qavaa Services. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Qavaa Services.
• Automatic Information: We automatically collect and store certain types of information about your use of Qavaa  Services, including information about your interaction with content and services available through Qavaa Services. Like many websites, we use “cookies” and other unique identifiers, and we obtain certain types of information when your web browser or device accesses Qavaa Services and other content served by or on behalf of Qavaa on other websites. Click here to see examples of what we collect.
• Information from Other Sources:  We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily. Click here to see additional examples of the information we receive.

For What Purposes Does Qavaa Use Your Personal Information?

We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers. These purposes include:

• Purchase and delivery of products and services.  We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
• Provide, troubleshoot, and improve Qavaa Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Qavaa Services.
• Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with Qavaa Services.
• Provide voice, image and camera services. When you use our voice, image and camera services, we use your voice input, images, videos, and other personal information to respond to your requests, provide the requested service to you, and improve our services. For more information about voice services , click here .
• Comply with legal obligations.  In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes.
• Communicate with you. We use your personal information to communicate with you in relation to Qavaa Services via different channels (e.g., by phone, e-mail, chat).
• Advertising.  We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads. To learn more, please read our Interest-Based Ads notice .
• Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Qavaa, and others. We may also use scoring methods to assess and manage credit risks.

What About Cookies and Other Identifiers?

To enable our systems to recognize your browser or device and to provide and improve Qavaa Services, we use cookies and other identifiers. For more information about cookies and how we use them, please read our Cookies Notice .
Does Qavaa Share Your Personal Information?
Information about our customers is an important part of our business, and we are not in the business of selling our customers’ personal information to others. We share customers’ personal information only as described below and with subsidiaries Qavaa .com, controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Transactions involving Third Parties: We make available to you services, products, applications, or skills provided by third parties for use on or through Qavaa Services. For example, you can order products from third parties through our stores, download applications from third-party application providers from our App Store, and enable third-party skills through our services. We also offer services or sell product lines jointly with third-party businesses, such as co-branded credit cards. You can tell when a third party is involved in your transactions, and we share customers’ personal information related to those transactions with that third party.
• Third-Party Service Providers:  We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
• Business Transfers:  As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Qavaa .com, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
• Protection of Qavaa and Others:  We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Qavaa , our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
We design our systems with your security and privacy in mind.

• We work to protect the security of your personal information during transmission by using encryption protocols and software.
• We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
• We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
• Our devices offer security features to protect them against unauthorized access and loss of data. You can control these features and configure them based on your needs. Click here for more information on how to manage the security settings of your device.
• It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign off when finished using a shared computer. Click here for more information on how to sign off.

What About Advertising?

• Third-Party Advertisers and Links to Other Websites: Qavaa Services may include third-party advertising and links to other websites and apps. Third-party advertising partners may collect information about you when you interact with their content, advertising, and services. For more information about third-party advertising at Qavaa, including interest-based ads, please read our Interest-Based Ads policy. To adjust your advertising preferences.
• Use of Third-Party Advertising Services: We provide ad companies with information that allows them to serve you with more useful and relevant Qavaa ads and to measure their effectiveness. We never share your name or other information that directly identifies you when we do this. Instead, we use an advertising identifier like a cookie or other device identifier. For example, if you have already downloaded one of our apps, we will share your advertising identifier and data about that event so that you will not be served an ad to download the app again. Some ad companies also use this information to serve you relevant ads from other advertisers.

What Information Can I Access?

You can access your information, including your name, address, payment options, profile information, Prime membership, household settings, and purchase history in the “Your Account” section of the website. Click here for a list of examples that you can access.

What Choices Do I Have?

If you have any questions as to how we collect and use your personal information, please contact our Customer Service. Many of our Qavaa Services also include settings that provide you with options as to how your information is being used.

• As described above, you can choose not to provide certain information, but then you might not be able to take advantage of many of the Qavaa Services.
• You can add or update certain information on pages such as those referenced in What Information Can I Access?. When you update information, we usually keep a copy of the prior version for our records.
• If you do not want to receive e-mail or other communications from us, please adjust your Customer Communication Preferences . If you don’t want to receive in-app notifications from us, please adjust your notification settings in the app or device.
• If you do not want to see interest-based ads, please adjust your Advertising Preferences .
• The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies or other identifiers, how to have the browser notify you when you receive a new cookie, or how to block cookies altogether. Because cookies and identifiers allow you to take advantage of some essential features of Qavaa Services, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any Services that require you to Sign in. For more information about cookies and other identifiers, see our Cookies Notice .
• If you want to browse our websites without linking the browsing history to your account, you may do so by logging out of your account here and blocking cookies on your browser.
• You will also be able to opt out of certain other types of data usage by updating your settings on the applicable Qavaa website (e.g., in “Manage Your Content and Devices”), device, or application. For more information click here . Most devices also provide users with the ability to change device permissions (e.g., disable/access location services, contacts). For most devices, these controls are located in the device’s settings menu. If you have questions about how to change your device permissions on devices manufactured by third parties, we recommend you contact your mobile service carrier or your device manufacturer.
• If you are a seller, you can add or update certain information in Seller Portal, update your account information by accessing your Seller Account Information , and adjust your e-mail or other communications you receive from us by updating your Notification Preferences .

In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal data. If you wish to do any of these things, please contact Customer Service . Depending on your data choices, certain services may be limited or unavailable.

Are Children Allowed to Use Qavaa Services?

Qavaa does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use Qavaa Services only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian. For more information, please see our Children’s Privacy Disclosure .

Conditions of Use, Notices, and Revisions

If you choose to use Qavaa Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use , including limitations on damages, resolution of disputes, and application of the law of the state of Washington. If you have any concern about privacy at Qavaa, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Related Practices and Information

Examples of Information Collected

Information You Give Us When You Use Qavaa Services
You provide information to us when you:

• search or shop for products or services in our stores;
• add or remove an item from your cart, or place an order through or use Qavaa Services;
• download, stream, view, or use content on a device or through a service or application on a device;
• provide information in Your Account (and you might have more than one if you have used more than one e-mail address or mobile number when shopping with us) or Your Profile ;
• upload your contacts;
• configure your settings on, provide data access permissions for, or interact with an Qavaa device or service;
• provide information in your Seller Account , or any other account we make available that allows you to develop or offer goods, or services to Qavaa customers;
• offer your products or services on or through Qavaa Services;
• communicate with us by phone, e-mail, or otherwise;
• complete a questionnaire, a support ticket, or a contest entry form;
• upload or stream images, videos or other files to Prime Photos, Qavaa Drive, or other Qavaa Services;
• use our services such as Prime Video;
• compile Playlists, Watchlists, Wish Lists or other gift registries;
• participate in Discussion Boards or other community features;
• provide and rate Reviews ;
• specify a Special Occasion Reminder; or
• employ Product Availability Alerts , such as Available to Order Notifications.

As a result of those actions, you might supply us with such information as:

• identifying information such as your name, address, and phone numbers;
• payment information;
• your age;
• your location information;
• your IP address;
• people, addresses and phone numbers listed in your Addresses;
• e-mail addresses of your friends and other people;
• content of reviews and e-mails to us;
• personal description and photograph in Your Profile ;
• voice recordings when you speak to App;
• images and videos collected or stored in connection with Qavaa Services;
• information and documents regarding identity, including Social Security and driver’s license numbers;
• corporate and financial information;
• credit history information; and
• device log files and configurations, including Wi-Fi credentials, if you choose to automatically synchronize them with your other devices.

Automatic Information
Examples of the information we collect and analyze include:

• the internet protocol (IP) address used to connect your computer to the internet;
• login, e-mail address, and password;
• the location of your device or computer;
• content interaction information, such as content downloads, streams, and playback details, including duration and number of simultaneous streams and downloads, and network details for streaming and download quality, including information about your internet service provider;
• device metrics such as when a device is in use, application usage, connectivity data, and any errors or event failures;
• Qavaa Services metrics (e.g., the occurrences of technical errors, your interactions with service features and content, your settings preferences and backup information, location of your device running an application, information about uploaded images and files such as the file name, dates, times and location of your images);
• version and time zone settings;
• purchase and content use history, which we sometimes aggregate with similar information from other customers to create features like Top Sellers ;
• the full Uniform Resource Locator (URL) clickstream to, through, and from our websites, including date and time; products and content you viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs);
• phone numbers used to call our customer service number; and
• images or videos when you shop in our stores, or stores using Qavaa Services.

We may also use device identifiers, cookies, and other technologies on devices, applications, and our web pages to collect browsing, usage, or other technical information.
Information from Other Sources
Examples of information we receive from other sources include:

• updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily;
• account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services;
• information about your interactions with products and services offered by our subsidiaries;
• search results and links, including paid listings (such as Sponsored Links);
• credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

Information You Can Access
Examples of information you can access through Qavaa Services include:

• status of recent orders (including subscriptions);
• your complete order history;
• personally identifiable information (including name, e-mail, password, and address book);
• payment settings (including payment card information, promotional certificate and gift card balances, and 1-Click settings);
• e-mail notification settings (including Product Availability Alerts, Delivers, Special Occasion Reminders and newsletters);
• recommendations and the products you recently viewed that are the basis for recommendations (including Recommended for You and Improve Your Recommendations);
• shopping lists and gift registries (including Wish Lists and Baby and Wedding Registries);
• your content, devices, services, and related settings, and communications and personalized advertising preferences;
• content that you recently viewed;
• voice recordings associated with your account;
• Your Profile (including your product Reviews, Recommendations, Reminders and personal profile);
• If you are a seller, you can access your account and other information, and adjust your communications preferences, by updating your account in Seller Central .

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