Last Updated: May 03, 2024
Thanks for choosing Fine Carry Bags LLC! These Terms outline how you can use our Services. By using Fine Carry Bags LLC, you agree to follow these Terms, indicating your understanding and agreement to be bound by them. If you don’t agree to these Terms, please avoid using our Services.
1. Overview
1.1 These Terms apply to your interactions with Whaleco Inc., a Delaware-based company.
1.2 Throughout these Terms and Policies, we, Whaleco Inc., are referred to as “we” or “us”. Specifically:
Our app, known as “Fine Carry Bags LLC” or simply “our app”,
You, as users and visitors to Fine Carry Bags LLC.
1.3 We and our associates provide technical and operational support for Fine Carry Bags LLC. You have the option to make multiple orders in a single transaction, which may then be delivered together.
1.4 Your usage of our Services is additionally regulated by other Policies, such as our Privacy Policy and Cookie Policy. In case of any discrepancies, these Policies take precedence.
1.5 SECTION 19 describes the dispute resolution processes, which include arbitration, that is required. You agree to individual arbitration and forfeit your ability to take part in class actions or jury trials if you don’t opt out within 30 days.
1.6 We can change the Terms anytime, with updates posted promptly on Fine Carry Bags LLC. Check often. Changes apply immediately for users without accounts and after thirty (30) days for account holders. By using our services, you agree to these changes. Stay updated by checking the website or app regularly for the latest Terms.
2. User Requirements and Registration
2.1 Users must be 18 or older to use Fine Carry Bags LLC. Minors aged 13-18 need parental permission. Not for children under 13. Products for children are for adult purchase. By ordering age-restricted items, users certify they meet the age requirements. Fine Carry Bags LLC isn’t responsible for offensive third-party content.
2.2 Users cannot use Fine Carry Bags LLC if they can’t enter into a contract, are in an embargoed country, are on any prohibited persons list, or have been banned.
2.3 Users may need to create an account. They must provide accurate information and are responsible for all account activities. Users must prevent minors from accessing their accounts. Account sharing is prohibited, and users must report unauthorized use.
2.4 Accounts can be created via social networks. Users grant SNS access, knowing their content may be visible on Fine Carry Bags LLC. They can disconnect SNS accounts at any time. Fine Carry Bags LLC doesn’t monitor SNS content or assume responsibility for it.
3. Rules and Restrictions
3.1 Use the Services only for yourself, in compliance with Terms, Policies, and laws. Illegal use is not allowed; we’re not responsible for it.
3.2 You’re accountable for all Account activities; safeguard your credentials and report unauthorized access.
3.3 Creating multiple accounts is prohibited.
3.4 Promotions may have separate rules; they supersede these Terms if conflicting.
3.5 While using the Services, agree not to:
– Infringe on others’ rights, violate Terms or laws.
– Engage in unlawful or deceptive conduct.
– Circumvent rules, engage in unauthorized advertising or spam.
– Compromise Account security, impersonate, or disrupt networks.
– Copy content without permission, attempt to reverse-engineer the Services.
– Purchase unauthorized products, exploit promotions, or interfere with listings.
Violation may result in:
– Removal of User Submissions.
– Cancellation of purchases or Rewards.
– Suspension or termination of Service access.
We investigate suspected violations. In cases of criminal activity, we cooperate with legal authorities. We may disclose information, including User Submissions, to comply with laws, enforce Terms, respond to claims, provide customer service, or protect rights and safety, as allowed by law.
4. Privacy
4.1 Our Privacy Policy outlines how we handle your personal information when you use Fine Carry Bags LLC. By agreeing to these Terms, you also agree to our Privacy Policy and Cookie Policy.
5. Communications
5.1 You agree to receive electronic communications from us, including emails, texts, and Push Messages. Your wireless service provider may charge fees for data and text messages. You’re responsible for these fees.
5.2 We may contact you via email or phone for various purposes related to your Account or to enforce these Terms. Standard text messaging charges may apply.
5.3 If you opt in to receive marketing texts, you acknowledge that we may send promotional messages to your mobile number. You can opt out by replying STOP. Opting out may affect your use of the Services.
5.4 To unsubscribe from marketing emails, follow the instructions in the email.
5.5 Our communications may be recorded for quality control or training purposes, in accordance with our Privacy Policy.
6. User Submissions
6.1 User Submissions refer to content provided by you through Fine Carry Bags LLC, such as comments, reviews, photos, or videos. Submissions should not contain explicit or offensive material.
6.2 By submitting content, you grant us a license to use, modify, and display it as needed to operate and promote Fine Carry Bags LLC.
6.3 You acknowledge that User Submissions are non-confidential and may be used by us without restriction or compensation to you.
6.4 You warrant that you own or control the rights to User Submissions and they do not violate third-party rights or our Terms.
6.5 We do not endorse User Submissions, and we take no responsibility for them. Users ‘ content submissions, especially product reviews, must be transparent and accurate. If any submissions break our terms, we have the right to pre-screen them and remove them.
7. Ownership
7.1 Everything on Fine Carry Bags LLC, including user-submitted content, is protected by copyright and intellectual property laws. You promise not to use the content without authorization.
7.2 We respect intellectual property rights and have the right to delete or cancel the accounts of those who violate.
7.3 Fine Carry Bags LLC is a product we own or license. You consent to refrain from abusing the services or producing unauthorized works.
7.4 A restricted permission to access and utilize Fine Carry Bags LLC for private, non-commercial usage is provided to you. If you break the Terms, this license expires.
7.5 It is not permitted to use Fine Carry Bags LLC for commercial purposes or to contact users for purposes unrelated to the Services. Service denial and account termination are possible outcomes of violations.
8. Responsibilities; Third Party Risks
8.1 Content posted on Fine Carry Bags LLC is the responsibility of the user who posted it. You interact with Content and other users at your own risk. We don’t control or endorse Content and are not liable for any inaccuracies or actions resulting from it.
8.2 You’re responsible for all Content you contribute to Fine Carry Bags LLC and warrant you have the rights to do so.
8.3 Fine Carry Bags LLC may link to third-party websites or services. We’re not responsible for their content or practices. Your use of third-party sites is at your own risk.
8.4 Your interactions with other users or entities are solely your responsibility. We may intervene but are not obligated to. You’re encouraged to use caution and seek advice before interacting with third parties.
8.5 Arranging transactions outside of Fine Carry Bags LLC to avoid fees is a breach of these Terms.
9. Release
9.1 We disclaim any liability between Fine Carry Bags LLC users. We won’t intervene in disputes between you and others. You release us and affiliates from all claims, known or unknown, arising from such disputes.
YOU WAIVE PROTECTIONS LIMITING THIS RELEASE’S COVERAGE.
10. Purchases
10.1 You’re responsible for reviewing product listings before purchase and agree to pay all fees, taxes, and shipping costs. Upon delivery to the carrier, product ownership transfers to you. You may be appointed as the product’s importer and authorize us to pay associated taxes and customs duties.
10.2 We strive for accuracy but errors may occur in pricing or descriptions. We reserve the right to correct errors and cancel orders if necessary. Strike-through prices should not solely inform your purchase decision.
10.3 Review all product descriptions and restrictions before ordering, especially if you have special circumstances.
10.4 We aim for accurate color representation but cannot guarantee exact matches on your monitor.
10.5 Products should match their descriptions, be fit for their intended purpose, and meet normal quality standards.
10.6 Provide accurate payment information and authorize charges for purchased products, associated costs, and any other fees. Payments are generally non-refundable.
10.7 Payment processors may charge fees, which will be disclosed. Your use of payment services is subject to your agreement with the payment processor.
10.8 Once payment is received, your obligations are fulfilled.
11. Refunds, Exchanges and Related
11.1 We provide customer service support for payment, returns, refunds, and related matters regarding your product purchases.
11.2 We strive for your satisfaction with Fine Carry Bags LLC purchases. You may be eligible for returns and refunds. See our Return and Refund Policy for details and refund request instructions. Refunds generally exclude customs, taxes, or return shipping costs unless stated otherwise in the policy.
12. Rewards
12.1 Using Fine Carry Bags LLC may earn you Rewards, redeemable for discounts or payments on eligible purchases, subject to specific rules. Not all products may be eligible, and Rewards usually can’t be exchanged for cash, except where required by law. Review each reward’s details and rules carefully.
13. Ending Our Relationship
13.1 You can stop using Fine Carry Bags LLC anytime. We may suspend or terminate your access or Account, especially for violations. We determine if you breach these Terms. If access is terminated, Terms still apply, and any payments are due.
13.2 Upon termination of your Account, all associated Content and Rewards will be deleted and invalidated. It’s advisable to use any remaining Rewards before termination takes effect.
13.3 Certain provisions of these Terms, such as ownership rights, warranty disclaimers, and liability limitations, survive termination.
14. DISCLAIMER OF WARRANTIES
14.1 We don’t provide warranties, express or implied, for Fine Carry Bags LLC, including goods bought or offered. We make no claims about conditions, performance, accuracy, legality, completeness, or correctness of content. Any correspondence or data received doesn’t establish warranties beyond those listed. This doesn’t affect our return and refund policy for purchased goods.
14.2 You bear all liability for the use of Fine Carry Bags LLC and any products you purchase. They are offered “as-is” and “as available,” with all defects and without any type of warranty.
14.3 By using the service, you agree that Fine Carry Bags LLC is not responsible for any actions or content by third parties. We do not assume responsibility for any goods, services, data, or actions of third parties that you may come into contact with via Fine Carry Bags LLC.
14.4 Your use of Fine Carry Bags LLC, including communications with other users, is entirely at your own risk. Sending or receiving information could not be secure. We disclaim all liability for any loss or harm to your belongings or data resulting from using Fine Carry Bags LLC to view or download materials.
14.5 You use Fine Carry Bags LLC at your own risk if you rely on any data or information. Any ensuing loss or damage is entirely your responsibility.
15. LIABILITY LIMITATION
15.1 Fine Carry Bags LLC Parties disclaim liability for indirect, incidental, or consequential damages arising from Services, like data loss or business interruption, unless extreme negligence, fraud, or false deception occurs.
15.2 This disclaimer applies to any losses or physical injury caused by errors, interruptions, viruses, or lost data.
15.3 Users’ offensive, unlawful, or libelous actions on the platform are not our responsibility.
15.4 The maximum amount that we will be liable to you is the lesser of
(A) the total amount that you paid us during the previous month;
(B) $100.00; or
(C) the available statutory remedies.
Fraud, willful misconduct, and fraudulent misrepresentation are examples of exceptions.
15.5 Some jurisdictions may not allow these exclusions, granting additional rights to users.
15.6 These damage limitations are essential to our agreement.
16. Liability
16.1 You give Fine Carry Bags LLC Parties the right to be held harmless and indemnified against any claims, liabilities, losses, or damages resulting from:
(a) your use of the Services;
(b) your breach of these Terms;
(c) your infringement of another party’s rights; or
(d) your violation of any relevant laws.
You will be informed of any claims.
16.2 Subject to your indemnity, we reserve the right to take command of the defense of any issue.
16.3 If the Terms or your Account are terminated, these indemnity clauses will still be in effect.
17. App Stores
17.1 Application License
You’re given a limited license to use the Fine Carry Bags LLC mobile app for personal or business use, per the Terms. Apple device use follows Apple’s rules; Google Play may have additional rights for family groups.
17.2 Dependency on App Stores
The app’s availability depends on third-party platforms like Apple App Store or Google Play. We handle content, support, and issues, not the App Store. You’re responsible for fees and complying with the App Store’s terms.
17.3 Apple App Store. If you access the app via the Apple App Store:
17.3.1 The agreement is between you and us, not Apple. You must follow Apple’s terms.
17.3.2 Apple isn’t obligated to provide support for the app.
17.3.3 Apple may refund your purchase if the app fails to meet warranty standards.
17.3.4 Apple isn’t responsible for any claims related to the app’s use.
17.3.5 We’re responsible for addressing any intellectual property infringement claims.
17.3.6 Apple has the right to enforce these Terms regarding the app.
17.3.7 You must comply with all applicable third-party terms.
18. General
18.1: Transfer of Terms or rights requires our written consent. We may transfer them freely without yours.
18.2: We’re not liable for delays due to uncontrollable events like war or pandemics.
18.3: New York state law governs these Terms, with the Federal Arbitration Act applying.
18.4: Disputes not subject to arbitration will be handled in a New York court.
18.5: We’ll contact you via the email you provide.
18.6: You confirm compliance with export laws and disavow illegal use of the Services.
18.7: We reserve the right to address subsequent breaches, regardless of initial action.
18.8: Unenforceable parts of these Terms will be modified to preserve the rest.
18.9: No third-party beneficiaries are intended under these Terms.
18.10: These Terms supersede all prior agreements.
18.11: English version of translated policies prevails in case of discrepancies.
18.12: UK law does not affect third-party rights under this agreement.
19. Agreement on Arbitration
Please read Section 19 (“Arbitration Agreement”) carefully. It mandates binding arbitration for disputes, waiving jury trials and class actions, with exceptions. Local laws may alter certain rights and provisions.
19.1 Applicability of Arbitration Agreement
You and us agree that, except for small claims court cases and intellectual property issues, all disputes regarding your use of the Services will be resolved through binding arbitration, even those arising before or after the Terms take effect.
19.2 Informal Dispute Resolution
We aim for amicable dispute resolution. We commit to attempting settlement through a conference before arbitration. Parties must agree to attend each other’s conferences, or each dispute needs its own conference. Communication and conference initiation must occur within 45 days, suspending the statute of limitations before arbitration.
19.3 Waiver of Jury Trial
We both give up the right to file a lawsuit and have a jury or judge hear our case. Rather, we consent to arbitrate any disagreements, with the exception of those covered by Section 19.1. Court review of arbitration awards is restricted, and there is no jury or judge present during the arbitration process.
19.4 Waiver of Class and Other Non-Individualized Relief
In order to avoid class or collective actions, we consent to only file claims on an individual basis. Claims involving several parties must be handled independently; relief is restricted to individual claims. Only the party requesting the relief may appeal a decision regarding declaratory or injunctive relief. Particular claims may be taken to court if any portion of this agreement is found to be invalid. Engagement in class-wide settlements is not hampered by this.
19.5 Rules and Forum
The Federal Arbitration Act governs this agreement, regardless of other laws. If informal resolution fails within 60 days, either party can proceed to arbitration. The American Arbitration Association will handle arbitration, with proceedings based on their rules. The party initiating arbitration must provide detailed information, including legal claims, remedy sought, and evidence of prior attempts at informal resolution. Arbitration will likely occur in the county where the customer resides. Parties agree to keep arbitration proceedings confidential, including settlement offers.
19.6 Arbitrator
The arbitrator, chosen from AAA’s consumer dispute arbitrators, will be a retired judge or licensed attorney from New York. If the parties can’t agree within 35 days, AAA will appoint the arbitrator, unless Batch Arbitration is invoked, in which case AAA appoints an arbitrator for each batch.
19.7 Authority of Arbitrator
The arbitrator has sole authority over resolving disputes related to the Arbitration Agreement, except for specific exclusions outlined. These exclusions include disputes that must be resolved by a court about particular agreement provisions, arbitration expenses, circumstances leading up to arbitration, and the appropriate version of the agreement. The arbitration process cannot be combined with other matters, except as specified. The arbitrator can make decisions that settle all or part of any dispute, issuing a final and binding written award. This award can be enforced in court.
19.8 Attorneys’ Fees and Costs
In arbitration, parties cover their own legal fees unless the arbitrator deems a claim frivolous. If a court order is needed for arbitration, the winning party can recover costs. Similarly, the prevailing party in a court action about arbitration conditions can recover their costs.
19.9 Batch Arbitration
For efficiency, if 25 or more similar arbitration notices are filed within 30 days by the same legal representation, the AAA will handle them in batches of 100 or as a single batch if fewer. Each batch will have one arbitrator and one consolidated process, with fees per side. Disputes will be resolved by an appointed arbitrator. Both parties will cooperate with AAA to implement batch arbitration efficiently, including expediting proceedings. This provision doesn’t allow class or mass arbitration, except as explicitly stated.
19.10 30-Day Opt-Out Period
Within thirty days of becoming subject to this Arbitration Agreement, you may withdraw from it by delivering written notice to the address provided. Other terms and agreements with us are unaffected by this.
19.11 Expired or Invalid
This Arbitration Agreement will be void wherever it appears, but the remaining portions will remain enforceable. If you don’t start arbitration within the dispute’s statute of limitations, it will expire.
19.12 Adjustment
Any significant modifications to this arbitration agreement will be communicated to you. Your continuing use of the Services indicates your acceptance of them if you don’t object in writing within 30 days. You cannot opt out if you have consented to arbitration by rejecting changes.
Contact us
1. If you are using a Fine Carry Bags LLC website, send us an email at info@finecarrybags.com or get in touch with Fine Carry Bags LLC customer support using the “Contact us” page that is connected in the website footer.
2. If you’re using a Fine Carry Bags LLC application, send us an email at info@finecarrybags.com or via the “Customer support” portion of the “You” menu at the bottom of the home page.