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GetQuik®, Inc. (dba Gogocater) User Agreement

 

This policy was last updated October 24, 2016.

 

This User Agreement ("Agreement") is a contract between you and GetQuik®, Inc., dba Gogocater ("Gogocater") and applies to your use of the Gogocater® merchant network and commerce processing system (collectively the "Service").  By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

 

1. Service.  Gogocater® has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, its content and hours of availability. Gogocater® serves as hosting and commerce processing provider for our merchant members' product and services.  We do not have control over the quality of products or services offered by its merchant members.  We cannot ensure the merchant members will process an order with accuracy, timeliness, or quality.

 

Problems with orders and other customer service issues should be sent to the email support@gogocater.com.  Questions regarding products or merchant services featured on GetQuik's network should be directed to the appropriate merchant.

 

For rules and regulations concerning Gogocater® rewards, registration and referral programs, go to the Gogocaterk® Rewards Program User Agreement document.

 

2.  Refund Policy.  For incorrect orders or charges, Gogocater provides customers support to sort out any errors and refunds required.  Customers with refund requests should email support@gogocater.com.  Gogocater will respond to your refund request within one to two business days. 

 

3.1  Pricing.  The information regarding price, product specifications and availability contained on this site has been provided by member retailers.  Gogocater® attempts to make certain that the prices listed on the site and those posted in the stores on the date they are viewed on the site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change.  In the event that the in-store price and the price posted on the site are different, the Gogocater® site price will prevail.  Some participating restaurants may have a price difference, including higher prices for their Gogocater menu, though this is uncommon and a practice we discourage. In the case where there is an obvious incorrectly listed price due to a data entry error, Gogocater reserves the right to cancel or correct the pricing error.

 

Gogocater® does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this site or on those sites to which Gogocater® offers links. If you become aware that our site contains inaccurate information, please email us this information to support@gogocater.com.

 

3.2  Fees.  Gogocater® offers our primary service for our customers.  The use of our service is subject to a service fee to offset the cost of operation.  The service fees are listed on the user checkout page and on the user's order receipt.  Due to the high cost of AMEX processing, AMEX credit card transactions are subject to a processing fee.  Your order receipts will reflect any processing fees above and beyond our standard charges.  Gogocater also offers a Premium service program.  Customers enrolling qualified and enrolled in the Gogocater Premium service will be charged a service fee percentage according to the Premium program price schedule.  The Gogocater Premium fee costs will be listed on the order receipts.

 

3.3  Telephone Charges.  You are liable for any telephone charges and any charges made by your telephone service provider or similar or associated charges as a result of use of Gogocater® via your mobile device.  This may include the cost of national or international calls and sending or receiving SMS messages, data packets or accessing the web via your mobile device.  There may be other costs or taxes imposed by third parties in connection with your access and use of Gogocater® for which you will be solely liable.

 

3.4  Payments.  Orders made using the Gogocater service may be paid for with a valid credit card, debit card, Paypal account, corporate NET15 account, or other permitted payment methods.  You can access your transaction fee history to view your account balance with Gogocater®.

 

3.4  Billing Disputes.  From the reports section on the Gogocater® web-site, you will be able to view your transaction information and details.  From the transaction details information, you will be able to create a transaction dispute.   

 

3.5  Termination/Discontinuance of Service. Gogocater® may terminate or suspend your Service at any time at our sole discretion.  Termination of Service or non-payment leaves you fully liable to Gogocater® for all charges accrued prior to termination and for charges incurred by Gogocater® owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.  Gogocater® may terminate or suspend your Service if a) you breach this Agreement or the documents it incorporates by reference; b) we are unable to verify or authenticate any information your provide to use; or c) we believe that your account or activities pose a significant credit or fraud risk to use.

 

3.6  Taxes.  Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Gogocater® as a result of providing the Service will be charged to your account. If you are exempt from payment of such taxes, you need to provide Gogocater® with an original government-issued certificate supporting this tax-exempt status.  Tax exemption will only apply after the date Gogocater® receives the Tax Exempt document.  The taxes collected are passed on to the appropriate restaurant and merchants, and these operators are responsible for applicable tax submissions.

 

4.  Acceptable Use.  You agree to use the Service only for lawful purposes.  You shall comply with all applicable U.S. and international laws, statues, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. Your information and activities through our Service shall not contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.  If you use, or attempt to use the Service other than its intended use, to tamper, hack, modify or corrupt the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

 

5.  Trademarks.  The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Gogocater®. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

The foregoing provisions are for the benefit of Gogocater®, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

6.  Identity Authentication and Credit Check.  For the purpose of verifying the accuracy of your user and payment information, you authorize Gogocater®, directly or through third parties, to make any inquiries necessary to validate your registration and payment information.  This may include ordering a credit report or performing other credit checks or verifying the information you provide against third party databases.

 

7.  Safe Use/Unauthorized Use.  Gogocater® provides you with a login and password authentication process for our web-site and mobile application usage.  In order to minimize the risk of unauthorized use of your account, please do not share your account password or password with anyone.  If you do believe there is unauthorized use of your Gogocater® account, please call or email support@gogocater.comimmediately in order that we can research the unauthorized transactions and suspend any further unauthorized usage of your account.  

 

8.1  No Warranty.  Gogocater®, our subsidiaries, employees and our merchants provide our services "AS IS" and without any warranty or condition, express, implied or statutory. Gogocater®, our subsidiaries, employees, and our merchants disclaim any implied warranties of title, merchantability, fitness for a particular purpose.  Additionally, there are no warranties as to the results obtained from the use of this site.  You expressly agree that use of this site is at your sole risk.  Gogocater®, our subsidiaries, employees and our merchants do not warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy or reliability of any information, service, or merchandise provided through the site.

 

8.2  Limit of Liability.  In no event shall Gogocater®, its subsidiaries, employees or our merchants be liable in contract, in tort (including for its own negligence), or under any other legal theory (including strict liability) for any damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use or inability to user this site, our Service, or this Agreement.  You hereby acknowledge that the provisions of this section shall apply to all use and content on this site.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  Our liability, and the liability of our parent, subsidiaries, employees, and merchants, to you or any third parties in any circumstance is limited to the actual amount of direct damages.

 

8.3  Changes to this Agreement.  Gogocater® may change the terms of this Agreement from time to time.  We may give you notice either by posting the information to our site in the customer tools section.  All amended terms shall be effective 30 days after they are initially posted to our site.  In addition, you can set your customer profile to receive notifications of any policy updates via email.  Any use of the site by you 30 days after such notice have been posted to our site shall be deemed to constitute acceptance of such amended terms.

 

9.  Privacy.   We do not sell or rent your personal information to third parties for marketing purposes without your consent.  The only time that we share your personal information with third parties is for the purpose of identity, payment, and credit verification purposes required for the appropriate use of the Gogocater® site.  Any questions regarding our privacy policy should be addressed to support@gogocater.com.

 

10.1   Legal Disputes.  In the event a dispute arises between you and Gogocater®, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gogocater® agree that any controversy or claim at law or equity that arises out of this Agreement or Gogocater's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.  Please contact Gogocater® directly prior to resorting to these legal channels.  We prefer to handle reasonable requests to resolve a dispute using methods such as mediation over litigation.

 

10.2  Arbitration.  For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award is sought is less than $10,000 USD, you or Gogocater® agreed to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

10.3  Court.  Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Santa Clara , California or where the defendant is located (in Gogocater's case, San Jose, CA , and in your case, your home address or principal place of business).  You and Gogocater® agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara , CA.

 

10.4  Alternative Dispute Resolution.  Gogocater® will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Santa Clara County, CA or another location mutually agreed upon by the parties.

 

11. General. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California , without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

Should you have any questions concerning this Agreement, or if you desire to contact Gogocater® for any reason, please email support@gogocater.com.