Terms Of Service

TERMS OF USE 

Welcome to the online service of Thursday and Daughters LLC, T A D Gifts Co. LLC and www.thursdayanddaughters.com. These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by Thursday and Daughters LLC, T A D Gifts Co. LLC. By accessing or using the Thursday and Daughters website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Thursday and Daughters Privacy Policy. These Terms applies to all visitors, users, and others who access the service (“Users”).

USE OF OUR SERVICE

Thursday and Daughters is an online marketplace that allows individual users and groups to create custom gifts. By using the Thursday and Daughters website and service, you understand that (i) you may not be buying directly from Thursday and Daughters, but one of the gift providers on Thursday and Daughters.

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Thursday and Daughters does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Thursday and Daughters, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Thursday and Daughters shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Thursday and Daughters reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that the Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Thursday and Daughters a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

INTELLECTUAL PROPERTY

Unless otherwise stated, Thursday and Daughters and/or it’s licensors own the intellectual property rights for all material on Thursday and Daughters. All intellectual property rights are reserved. You may view and/or print pages from www.thursdayanddaughters.com for your own personal use subject to restrictions set in these terms and conditions.

You must not: republish material, sell, rent or sub-license material, reproduce, duplicate or copy material from www.thursdayanddaughters.com.

ACCOUNTS

Thursday and Daughters users create accounts for the purposes of accessing the service, engaging with other users, and making purchases through the Thursday and Daughters website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.

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 accept responsibility for any and all activities or actions that occur under your account and/or password.

AGE

We provide surprising, entertaining gifts for people of all ages, but Thursday and Daughters does not knowingly collect personally identifiable information from children under the age of twelve. You must be at least 12 years of age to use the Thursday and Daughters website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 12 years of age and you understand and agree to these Terms; (b) if you are between the ages of 12 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Thursday and Daughters website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

OPT-OUT & UNSUBSCRIBE

Thursday and Daughters understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Thursday and Daughters by contacting us here: unsubscribe@thursdayanddaughters.com.

PURCHASES AND PAYMENT

If you wish to purchase any product or service made available through the Thursday and Daughters website, 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. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

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. You acknowledge that Thursday and Daughters is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but 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.

SHIPPING

Thursday and Daughters will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Thursday and Daughters 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 (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Thursday and Daughters website.

LIMITATION OF LIABILITY

In no event shall Thursday and Daughters, 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.

DISCLAIMERS; NO WARRANTIES

The Service and all materials and content available through the Service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Thursday and Daughters disclaims all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including: (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or noninfringement; and (ii) any warranty arising out of course of dealing, usage, or trade.

Thursday and Daughters does not warrant that the Service or any portion of the Service, or any materials or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the Service or any materials or content available through the Service will create any warranty regarding Thursday and Daughters or the Service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the Service, you’re dealing with any other Service user, and any materials or content available through the Service.

You understand and agree that you use the Service, and use, access, download, or otherwise obtain materials or content through the Service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Service), or the loss of data that results from the use of the Service or the download or use of that material or content.

STATEMENT CHANGES

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Privacy Policy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.

GOVERNING LAW

These Terms are governed by and should be construed in accordance with the laws of the Dubai International Financial Centre (“the DIFC”). Each party agrees that the Courts of DIFC will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it on any basis. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.

QUESTIONS OR COMMENTS

Thursday and Daughters welcomes your questions or comments regarding these Terms. If you believe that Thursday and Daughters has not adhered to these Terms, please contact us.

Our Site is maintained in the United States of America. By using the site, you authorize the export of personal information to the United States of America and its storage and use as specified in this policy.

DISPUTE RESOLUTION AND ARBITRATION

In the interest of resolving disputes between you and Thursday and Daughters in the most expedient and cost-effective manner, you and Thursday and Daughters agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and Thursday and Daughters are each waiving the right to a trial by jury or to participate in a class action.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Thursday and Daughters will be settled under the laws of the Dubai International Financial Centre (“the DIFC”).

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by Registered Mail (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Thursday and Daughters address for Notice is:

[Schon Business Park, Office 271, Dubai Investment Park, PO Box 376006, Dubai, UAE]

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Thursday and Daughters may commence an arbitration proceeding.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 30 days of the arbitrator’s ruling on the merits.

EFFECTIVE DATE

These Terms are effective and were last updated on November 10, 2022.