The Effective Date of these Commercial Terms is January 1, 2014.
These Commercial Terms supersede any prior agreements or earlier versions of these Commercial Terms between you and Qardio for the use of the Services.
These “Commercial Terms” apply to our commercial transactions with you, including your purchase of a premium or other paid service from us, your purchase of a product from the Qardio Market (“Market”) or the acquisition or redemption of any gift card, activation code or coupon. We refer to any service or product we sell in the Market as a “Product.”
You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and Qardio or its affiliated company or reseller from which you are purchasing the Product, or acquiring or redeeming a gift card or Coupon.
By purchasing a Product, or obtaining any gift card or coupon, you agree to be legally bound by these Commercial Terms.
We may update these Commercial Terms from time to time. The Commercial Terms published on our site at the time you purchase a new Product, or acquire or redeem any gift card, activation code or coupon, will apply to your transaction (a “Commercial Transaction”).
Please be sure to review these Commercial Terms before you finalize any Commercial Transaction.
Payment of Fees; Taxes
When you elect to purchase any Product and enter a form of payment, you are agreeing with us that: (i) you will fulfill your obligation to pay for the Product by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you for the Product using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the Product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Product in the currency specified by Qardio when you enter into the Commercial Transaction and assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for a Product may include certain taxes and delivery or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge, such as any charge for a cash on delivery (“COD”) purchase, where COD is available.
Our prices for a Product do not include any of the third-party fees you incur in connection with using a Product including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for data services and any other third party applications or services with which you may use the Product; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
We may change the price of any Product or the subscription fee for any Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of these changes by email to the address in your account information. Any increase in charges for the same Product would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Product. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Product subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation” below for information on how you must cancel a Product subscription.
Qardio accepts certain debit and credit cards as well as other forms of cash payment as payment methods (each, an “Accepted Payment Method”) for Products, subject to the procedures and rules contained in these Commercial Terms. Accepted Payment Methods may vary by country, by Product and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Product will be billed on the date of your purchase or, for Products that are not delivered or made available on the date of purchase, when your Product is shipped or becomes available to you, as described below. If you purchase a Product or a subscription for a Product that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Product or Product subscription, as applicable. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted payment information in order to process your purchase. If your Product or Product subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), Qardio will process your payment on the last day of such month. (This is what we mean by paying on an autorenewal basis.) See below for information describing what you must do to change your Accepted Payment Method.
Paying by Invoice
Qardio may, in our sole discretion, agree to permit you to pay for certain Products or Products pursuant to invoices issued by Qardio. Unless otherwise expressly provided in our separate agreement with you, we will issue our invoice on or shortly after the date on which the Product is purchased (and on any monthly, annual or other renewal term as described under “Autorenewal,” above), and the charges are payable upon your receipt of the invoice. All payments of invoiced amounts must be made in the currency specified on the invoice by check, wire or other electronic transfer to a bank and account number designated by Qardio. Any invoice that remains unpaid thirty (30) days after the invoice date is considered delinquent. Any wire transfer fees or other similar fees incurred on account of the payment method selected by you are your responsibility and may not be deducted from the amount due Qardio.
Gift Cards and Activation Codes
Qardio may from time to time make available, directly or through a third party, gift cards or Activation Codes that are redeemable for a specified Product for a fixed period of time (“Premium Codes”). The period of time for which you have purchased the Product using the Premium Code, as described below, is the “Promotional Period”). A Premium Code has no cash value, is non-transferable and may specify an expiration date, after which the Premium Code shall be void. Qardio is under no obligation to accept an expired Premium Code. At the conclusion of the Promotional Period, you will be required to pay the then-applicable charges for the Product in order to continue using the Services.
Qardio has no obligation to you with respect to any third party product or service with which any gift card or Premium Code was provided. Unless you have a separate contract with Qardio permitting you to distribute gift cards or Premium Codes, you are prohibited from selling or otherwise distributing or transferring gift cards or Premium Codes. Qardio reserves the right to invalidate any gift cards or Premium Codes that have been improperly issued or distributed, and we do not owe you any compensation with respect to any gift cards or Premium Codes you obtained from a third party that was acting improperly.
The Qardio Market
The Qardio Market is a collection of curated Products that satisfy our demand for ease and efficiency. We’ve worked to describe these Products in the Market as accurately as possible, but we realize that, on occasion, Product pictures or descriptions may not be perfect. Accordingly, Qardio cannot assure you that the Product images and descriptions are 100% accurate, complete, current or error-free.
We will do our best to ensure that you are satisfied with the Product you purchase so, if you feel that a Product shown in the Market is not accurately described, and you want to obtain a refund or exchange, please contact our Customer Support team within 14 days of your receipt of the item for assistance; otherwise, you will be considered to have accepted the Product.
When you order a Product, Qardio will confirm your order via email to the email address associated with your Qardio Service account. This does not mean that your order has been accepted or shipped, however. As part of our shipping procedures, we verify the availability of an item before we accept your order. If the item is no longer available, or if we determine that there were inaccuracies in our Product information, including incorrect pricing or availability information, we will cancel your order and notify you of such cancellation via email. We will not charge your Accepted Payment Method until after your order has entered the shipping process or, in the case of a Premium Service or digital Product, until we complete our process to enable you to access the purchased item.
Any Product you purchase requiring delivery will ship as it becomes available. Qardio charges reasonable fees that are intended to cover the costs of delivering your purchase. While we try to ensure that only the most reliable delivery services are used, the actual delivery of your order can be impacted by many events beyond our control once your purchase leaves our facilities. We will generally provide you information so that you can track your package, and we will work with you to ensure a smooth delivery. We also work closely with carriers to make sure the Product you order arrives safely. If you believe a shipment may be delayed or you receive a Product and feel it is damaged or not operating properly, please contact our Customer Support team to report the problem immediately.
Please be aware that all purchases are subject to Qardio’s Return Policy.
Please note that Products are subject to the customs and export control laws of the United States and may be subject to customs laws and regulations of the country in which you reside. By purchasing a Product, you agree to abide by the customs and export control laws applicable to that Product, including but not limited to the U.S. Export Administration Act and the Arms Export Control Act, and you agree that you will not transfer a Product to a foreign national or foreign destination in violation of the law. Also, please note that not all Products are available in all geographic locations.
Cancellation of a Product or Product Subscription
Your notice must be delivered according to the requirements in the Terms of Service (and must identify your account and request termination of the specific Service or Product SUbscription; the termination shall be effective upon our receipt of your notice and your successful demonstration that you are the holder of the Qardio service account.
Your ability to cancel a subscription for any Product offered by a third party in the Market will be subject to the applicable terms for such Product. If any third party Product may be cancelled prior to the expiration of the subscription period, you will be required to follow the directions provided in order effect such a cancelation. We may cancel any Product or Product subscription you have purchased if you fail to pay the applicable subscription fees in full and in a timely manner according to these Commercial Terms. A failure to pay occurs in any situation where Qardio has not received timely payment, including where any credit card issuer or payor bank refuses to transmit the funds that are then due. We may, in our discretion, elect not to cancel a Product or Product subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a Product, we may elect to suspend your rights to use that Product or we may change the type of privileges you have to a non-premium version of the service . We will endeavor to provide you notice promptly after any failure to make a payment in full and on time, but we are not obligated to do so.
Changes to Your Payment Methods and Account Information
You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time.
If your credit card expires or the information is otherwise invalid, or you make changes to your billing account too close in time to when we charge for any Product or Product subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this and we will bill the current charges to the card we had on record; the continuation of your Product or Product subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for a Product or the price for a Product in the Market, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys’ fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
If you purchase a Product subscription or Product with a credit card and then subsequently request your credit card issuer to reverse that payment, Qardio is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your Qardio Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer and/or return the Product.
As we describe in our Terms of Service, you will be entering into a contract with one of several Qardio affiliated companies when you subscribe for our Service, based upon your geographical location. Those provisions regarding contracting parties and governing law continue to apply to our contracts for the Qardio Service and if you acquire or redeem an gift card or coupon.
If you are informed that you are purchasing from a reseller, your contract is with that named reseller and subject to the commercial terms provided by that reseller. Please be assured that such reseller has entered into a contract with Qardio providing detailed requirements for their participation in the Qardio Market.
Changes in these Commercial Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.