TIFF’S TREATS SUMMER PASS PROMOTION TERMS AND CONDITIONS

These Tiff’s Treats Summer Pass Promotion Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”) are entered into by and between you (“You” or “Your”) and Tiff’s Treats Holdings, Inc., and its affiliates and subsidiaries (collectively, the “Company”, “We”, “Our” or “Tiff’s Treats”). These Terms shall apply to the Promotion (as defined below) offered on or through www.cookiedelivery.com and the Tiff’s Treats mobile or desktop applications (collectively, the “Website”).
 

1.      GENERAL

1.1.    Acceptance of the Terms of Use.  These Terms apply in addition to the Terms of Use and the Privacy Policy set forth on the Website, which are expressly incorporated herein. The Tiff’s Treats Terms of Use govern Your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. The Term of Use also apply to the purchase and sale of products and subscriptions through the Website. In addition, when using or accessing certain services from the Website, users will be subject to additional terms and conditions applicable to such services. Please read the Terms of Use carefully before You start to use the Website, located at https://www.cookiedelivery.com/footer-nav/terms-of-use.aspx.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by the Terms of Use and the Privacy Policy. If you do not want to agree to the Terms of Use or the Privacy Policy, You must not access or use the Website.  If there is a conflict between the Terms of Use and these Terms, these Terms will govern. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Terms of Use.

1.2.    Privacy Policy. All information we collect on the Website is subject to the Tiff’s Treats Privacy Policy. By using the Website, You consent to all actions taken by Tiff’s Treats with respect to Your information in compliance with the Privacy Policy. For information regarding Our privacy practices in connection with the Website, please review the Privacy Policy located at www.cookiedelivery.com/Footer-Nav/Privacy-Policy.aspx.

1.3.    Changes to the Promotion Terms.  These Terms are subject to change by Tiff’s Treats without prior written notice at any time, in its sole discretion. The most recent version of these Terms will be posted on the Website, and you should review these Terms prior to participating in the Promotion. 

1.4.    Tiff’s Treats Elite® Membership. If You have a Tiff’s Treats Elite® Membership and use Your Tiff’s Treats Elite® Membership in connection with Your participation in this Promotion, You are subject to the Tiff’s Treats Elite Terms and Conditions, available at https://www.cookiedelivery.com/footer-nav/elites-terms-conditions.aspx and incorporated herein by reference.

 

2.      SUMMER PASS PROMOTION​

2.1. Tiff’s Treats Promotions. Tiff’s Treats may periodically offer marketing promotions, including but not limited to discount codes, coupons, price reductions, sweepstakes, and contests.  Promotions are limited, subject to change at any time, only good for the dates indicated, and may expire or be discontinued without notice to you. Certain promotions may only be available via the Website and not in the physical Tiff’s Treats stores. Promotional codes and coupons are not redeemable for cash. Promotional codes and coupons may not be copied, sold, or otherwise transferred. Tiff’s Treats shall not be liable to you or any other person in connection with any promotion for any reason. Tiff’s Treats may adjust values if the total discount value is greater than the value of your order. Promotions are void where prohibited by law.

2.2. Participation Details.  To be eligible to participate in the Summer Pass promotion (the “Promotion”), during the Entry Period (as defined below), You must make a Website purchase of products via a Tiff’s Treats Profile (as defined below), in an amount equal to $25 or more using promotional code “SUMMERPASS” (the “Entry Code”). Following the end of the Entry Period, each participating customer will receive access to an exclusive promotional code (the “Promo Code”), which will allow the customer to redeem one $10 dozen box of Tiff’s Treats cookies per order placed during the Promotion Period (as defined below). The Promo Code will be distributed via e-mail to the e-mail address You provide during the Promotion. The Promo Code can be redeemed only during the Promotion Period. Customers must be logged into their Tiff’s Treats Profile in order for the Entry Code or the Promo Code to be valid. There is no limitation to the amount of orders placed per day throughout the Promotion Period.  The Entry Code and the Promo Code are void if used for any illegal activity as defined by law.

2.3. Entry Period.  The entry period shall mean the period during which the Entry Code becomes active for use in a purchase by You on the Website, commencing on June 3, 2024 at 9:00 a.m. CT and ending on June 17, 2024 at  11:59 p.m. CT (the “Entry Period”).

2.4. Promotion Period. The promotion period shall mean the period during which the Promo Code can be redeemed on or through the Website, commencing on June 18, 2024 at 9:01 a.m. CT and ending on August 31, 2024 at 11:59  p.m. CT (the “Promotion Period”). 

2.5. Tiff’s Treats Profile Account.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account (the “Profile”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Profile is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Profile at the end of each session. You should use particular caution when accessing your Profile from a public or shared computer so that others are not able to view or record your password or other personal information.

 

3.      PRODUCTS AND RELATED SERVICES

3.1. Products Offered.  The products offered shall include any item offered for purchase on or through the Website, excluding Tiff’s Treats Gift Cards and nationally shipped items. The product details and specifications, including product availability and pricing can be found on the Website.

3.2. Delivery Service. All deliveries are subject to Our Delivery Policy, located at https://www.cookiedelivery.com/footer-nav/gift-delivery-policy.aspx. Please note that You are responsible for reviewing the contents of Your delivery and inspecting all of the products contained therein for any defects or other problems upon delivery. Upon the completion of Your review of the delivery, we recommend that you immediately place all perishables in Your refrigerator and any frozen products in Your freezer to ensure the such product’s integrity. The risk of loss and/or damage of the products passes to You at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling. All items are solely at Your risk from the time of delivery and thus You are solely responsible for any storage of the contents of any order.

3.3. Title; Risk of Loss.  The risk of loss and title to any promotional code passes to You upon Our electronic transmission to You. You are responsible for all transactions associated with Your promotional code, whether authorized or unauthorized. No refund will be provided for any purchases made using any promotional code provided by Tiff’s Treats. 

3.4. Geographic Restrictions. The purchase and sale of the products and related services is limited to the current delivery zones of certain Tiff’s Treats physical store locations located in the following geographic areas: California, Colorado, Florida, Georgia, Kentucky, North Carolina, Oklahoma, Tennessee or Texas (the “Participating Store Locations”). The Website may contain information about products and services that are only available at the Participating Store Locations. A reference to a product or service on the Website does not imply or guarantee that it is or will be available in Your location or at the time of purchase. The price of the products and services at each Participating Store Location may vary.

 

4.       PAYMENT TERMS

4.1. Purchase Price. You agree that by submitting a purchase on the Website, You are entering into a binding contract with Tiff’s Treats and agree to pay all charges that may be incurred by You or on Your behalf through the Website, at the price in effect when such charges are incurred including, without limitation, all service charges (collectively, the “Purchase Price”). The Purchase Price shown is in U.S. dollars unless otherwise expressly indicated. In the event of an error, Tiff’s Treats reserves the right, in its sole discretion and subject to these Terms, to correct such errors and revise Your purchase order accordingly (including charging the correct price) or to cancel Your purchase order and issue You a credit refund.

4.2. Price Adjustments. The Purchase Price is subject to change at each Participating Store Location on a daily basis.

4.3. Payment Information.  If You wish to purchase the product and services made available through the Website by submitting a purchase order, You may be asked to supply certain payment information relevant to such Transaction including, without limitation, their credit card number, the expiration date of such credit card, their billing address, and delivery information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, You grant to Tiff’s Treats the right to provide such information to third parties for purposes of facilitating the completion of Transaction(s) initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

4.4. Taxes; Fees. The Purchase Price is exclusive of all sales, use, excise, commodity and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by You (collectively, the “Taxes”). You shall be responsible for paying all applicable Taxes. When Tiff’s Treats has the legal obligation to pay or collect any such Taxes, Tiff’s Treats shall pay the appropriate amount.

4.5. Prohibited Uses. Transactions may be rejected at the sole discretion of Tiff’s Treats if the purchase payment is fraudulent, if the payment fails to process, or if the payment is unsuccessful for any reason. Purchase orders that are not complete or do not adhere to these Terms or specifications may be rejected at the sole discretion of Tiff’s Treats. If You use fraudulent methods or otherwise attempt to circumvent these Terms, Your Transaction will be rejected at the sole discretion of Tiff’s Treats. All information provided by You must be complete, true and correct. Any incomplete or unintelligible purchase orders will not be processed. The use of robotic, automatic, macro, programmed, or like methods is strictly prohibited. Use of any automated system to purchase is prohibited and will result in the cancellation of such Transaction. Tiff’s Treats is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected purchase orders, which will be rejected and destroyed.

 

5.      REFUNDS AND RETURNS
5.1. Refund Policy.  You may modify or cancel Your order up to two hours prior to the scheduled Cookie Delivery in their respective purchase order and Website or by contacting Tiff’s Treats Customer Service. All purchase orders are final with respect to Your obligations hereunder two hours prior to the scheduled Cookie Delivery and no exchanges or refunds will be permitted. Tiff’s Treats reserves the right to permit or refuse any refund.  Other restrictions may apply.

5.2. No Returns.  You acknowledge and agree that the remedies set forth in Section 6.1 are Your exclusive remedies for the delivery of defective products.  Except as provided under Section 6.1, all sales of products to You are final and You have no right to return products purchased to Tiff’s Treats.

 

6.       WARRANTY

6.1. Limited Warranty. Tiff’s Treats represents and warrants to You that the product will be free from material defects in material and workmanship and will conform with the product specifications provided by Tiff’s Treats on the purchase order through the Website (the “Limited Warranty”) for a period of 90 days from the date of delivery to You (the “Warranty Period”). Tiff’s Treats sole obligation and liability under this Limited Warranty, and Your sole remedy, is, at Tiff’s Treats option, to replace a defective product, or refund or credit the Purchase Price of such product; provided, such product is returned by You in accordance with these Terms. This Limited Warranty is solely for the benefit of You.

6.2. Limitations. This Limited Warranty shall not apply if the product defect(s) relate to: (i) normal wear and tear; (ii) defects caused by knowing or intentional misuse; (iii) non-compliance with these Terms; or (iv) willful or deliberate damage.

6.3 Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 6.1 AND AS EXPLICITLY SET FORTH IN THESE TERMS, THE TERMS OF USE OR OTHERWISE AGREED IN WRITING BY TIFF’S TREATS, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIFF’S TREATS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS OR THE TERMS OF USE, WITHOUT LIMITATION TO THE FOREGOING, TIFF’S TREATS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.  THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE.

 

7.       SUSPENSION OR TERMINATION

7.1.  Without limiting Section 8 below, We may terminate or suspend Your access to or use of the mobile payment functionality or Your Profile and/or close Your Profile, for any reason or no reason at any time, upon notice to You, including if You (a) have violated these Terms, (b) pose an unacceptable credit or fraud risk to Tiff’s Treats, or (c) provide any false, incomplete, inaccurate or misleading information, or otherwise engage in fraudulent or illegal conduct. Upon any such termination or suspension, You must immediately stop using the mobile payment functionality, and we reserve the right to delete all of Your Profile information stored on Our servers. We will not be liable to You for compensation, reimbursement or damages in connection with Your use of the mobile payment functionality, or any such termination, suspension or deletion of information.

 

8.       INDEMNIFICATION; LIMITATION OF LIABILITY

8.1. Indemnification. You agree to defend, indemnify and hold harmless Tiff’s Treats, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Website.

8.2. Limitation of Liability. Neither party herein shall under any circumstances be liable to the other party for any special, incidental, indirect or consequential damages, however caused and on any theory of liability, whether for breach of contract, tort (including negligence), or otherwise, including, without limitation, damages resulting from use or malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if a party is informed in advance of the possibility of such damages. In no event will a party’s liability in connection with the products exceed the amounts actually paid by such party for the Products giving rise to such liability during the past 12 months. These limitations apply to all causes of action in the aggregate. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

9.       MISCELLANEOUS

9.1. Entire Agreement.  These Terms, together with the Terms of Use, represent the entire agreement between Tiff’s Treats and You with respect to the subject matter hereof, and supersede and replace any and all prior and contemporaneous oral and/or written agreements, understandings and statements between Tiff’s Treats and You with respect to such subject matter.

9.2. Website Disclaimer. The information contained on the Website is for general information purposes only. All information on the Website is provided in good faith; however, We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness with respect to the Website or the information, products or services contained on the Website for any purpose. product packaging and material may contain more and/or different information from the Website, including the product description, country of origin, nutrition, ingredient, allergen and other information. Always read labels, warnings, and directions and other information provided with the product before using or consuming a product. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Electronic devices may be subject to the Federal Communications Commission’s testing, equipment authorization, and device marking and labeling requirements. The information contained herein may be subject to copyright.

9.3. Modifications to Product Description. Tiff’s Treats may modify any form purchase order and quantity of available products at any time, including modifications to the quantity of available products or their corresponding list prices. All descriptions, images, references, features, content, specifications, and prices of products and/or services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of the products or services on the Website does not imply or warrant that these products or services will be available. By making a Transaction, You represent that the products ordered will be used only in a lawful manner. Tiff’s Treats reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any individual from making or completing any or all Transactions(s); and (iv) refuse to provide any individual with the products or services.

9.4. Force Majeure. Neither party shall be liable for delays or failure to meet its obligations hereunder (except for payment obligations) due to causes beyond the party’s reasonable control (including, without limitation, acts of God, acts of civil or military authority including governmental priorities, strikes or other labor disturbances, fires, floods, epidemics, wars, or riots).

9.5. Governing Law and Jurisdiction. These Terms will be governed by the substantive laws of the State of Texas without regard to its choice of law rules. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods are specifically excluded. The parties hereby submit to the exclusive jurisdiction of either the state or federal Courts located in Travis County, Texas and agree to accept service of process by registered or certified mail, return receipt requested, in accordance with Texas or Federal rules of civil procedure. None of the products may be exported or re-exported, directly or indirectly, contrary to U.S. export control laws and regulations.

9.6. Marketing Communications. By entering into a Transaction for the products and related services with Tiff’s Treats, You agree to receive e-mail newsletters and other marketing materials periodically from Tiff’s Treats. You can opt-out of receiving communications at any time by clicking the unsubscribe link in the newsletter or other communication from Tiff’s Treats.

9.7. Related Policies and Terms. All Transactions made through the Tiff’s Treats Website are governed by these Terms and the Tiff’s Treats Terms of Use set forth on the Website. By accepting these Terms and the Terms of Use, You also accept the Delivery Policy, and agree that all personal information supplied by You will be subject to Tiff’s Treats Privacy Policy. All such additional terms  and policies are hereby incorporated by this reference into these Terms.

9.8. Modifications. Tiff’s Treats reserves the right to modify, alter or update these Terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after We have posted such modifications or updates, You agree to be bound by the terms as revised.

9.9. Customer Service. The Website is operated by Tiff’s Treats, located at 8310-1 N. Capital of Texas Highway, Suite 110, Austin, Texas 78731.  All other feedback, comments, requests for technical support and other communications relating to the Website or these Terms should be directed to: customerservice@cookiedelivery.com.

 
 
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