GetQuik®, Inc. User Agreement

This policy was last updated July 27, 2006 .

This User Agreement ("Agreement") is a contract between you and GetQuik®, Inc. ("GetQuik") and applies to your use of the GetQuik® 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.  GetQuik® 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. GetQuik® 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@GetQuik.com.  Questions regarding products or merchant services featured on GetQuik's network should be directed to the appropriate merchant.

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

2.  Agency Relationship.  GetQuik® acts a facilitator to help you make payments to third parties.  We act as your agent based upon your direction and your request to use our Services that require us to perform tasks on your behalf.  You are not required to carry a balance in your GetQuik® account to use our Service.  You agree that you will not receive interested or other earnings on any account credits you may hold in your GetQuik® account. 

3.1  Pricing.  The information regarding price, product specifications and availability contained on this site has been provided by member retailers.  GetQuik® 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 GetQuik® site price will prevail in every case.

GetQuik® 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 GetQuik® offers links. If you become aware that our site contains inaccurate information, please email us this information to support@GetQuik.com.

3.2  No Fees.  GetQuik® provides our service without any additional fees to our customers. 

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 GetQuik® 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 GetQuik® for which you will be solely liable.

3.4  Payments.  You must provide us a valid credit card or payment method (i.e. debit card, PayPal or corporate NET 30 account) upon placement of your first GetQuik® order.  Your use of the Service authorizes GetQuik® to charge against your payment method for your requested products and services made through the Service.  If the payment method is no longer valid (i.e. expired credit cards, canceled credit cards, suspended PayPal accounts), or your billing address changes you must contact GetQuik® at once.  We will do our best to notify you of expired credit cards in your account and provide you the opportunity to update those cards before we remove them as a payment method in your account.  You are able to provide more than one payment method option for your GetQuik® account.  You can specify which payment method you would like to use per transaction.  

NOTE:  In order to reduce the credit card transaction fees, GetQuik® may delay charging against your payment method until a certain account balance threshold is reached ($10 to $20) or a time period has passed (i.e. 2 weeks to 1 month).  You can access your transaction fee history to view your account balance with GetQuik®.

GetQuik® provides an option where a customer can purchase and send gift certificates to other GetQuik® members.  There are monthly limits and per account limits for this program as specified on the GetQuik® web-site.

3.4  Billing Disputes.  From the reports section on the GetQuik® 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. GetQuik® may terminate or suspend your Service at any time in its sole discretion, if a valid payment method is not available for the products and services you request or in case of any other non-payment of account charges.  Termination of Service or non-payment leaves you fully liable to GetQuik® for all charges accrued prior to termination and for charges incurred by GetQuik® owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.  GetQuik® 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 GetQuik® 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 GetQuik® with an original government-issued certificate supporting this tax-exempt status.  Tax exemption will only apply after the date GetQuik® receives the Tax Exempt document.

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 GetQuik®. 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 GetQuik®, 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 GetQuik®, 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.  GetQuik® provides you with a pin number for your mobile application, and a login and password authentication process for our web-site usage.  In order to minimize the risk of unauthorized use of your account, please do not share you pin number or your password with anyone.  If you do believe there is unauthorized use of your GetQuik® account, please call or email support@GetQuik.com immediately in order that we can research the unauthorized transactions and suspend any further unauthorized usage of your account.  If your mobile device is lost or stolen, please notify us immediately so we can deactivate the affected telephone number from your account.  If you cancel a telephone service and the corresponding phone number, we will deactivate that number from your account and reassign it to the new phone number holder after verifying this information with the appropriate telephone service provider.

8.1  No Warranty.  GetQuik®, our subsidiaries, employees and our merchants provide our services "AS IS" and without any warranty or condition, express, implied or statutory.  GetQuik®, 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.  GetQuik®, 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 GetQuik®, 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.  GetQuik® 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 GetQuik® site.  Any questions regarding our privacy policy should be addressed to support@GetQuik.com.

10.1   Legal Disputes.  In the event a dispute arises between you and GetQuik®, our goal is to provide a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and GetQuik® agree that any controversy or claim at law or equity that arises out of this Agreement or GetQuik'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 GetQuik® directly prior to resorting to these legal channels.  We prefer to handle reasonable requests to revolve 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 GetQuik® agreed to resole 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 GetQuik's case, Sunnyvale, CA , and in your case, your home address or principal place of business).  You and GetQuik® agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara , CA.

10.4  Alternative Dispute Resolution.  GetQuik® 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 GetQuik® for any reason, please email support@GetQuik.com.