Terms and Conditions | Pirq


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the drinkpirq.com website (the "Site", the “Service”) operated by Pirq/MS Brands Inc., ("us", "we", or "our”)

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.


Restrictions

  1. You may use this Site for your own personal, non-commercial informational purposes only.
  2. You may not copy, reproduce, reuse, retransmit, adapt, publish, post, upload, modify, broadcast or distribute any Site content in any way, including for any public or commercial purpose, without our prior written permission.
  1. You may not attempt to decompile, or reverse engineer any software contained on the Site.
  1. You may not send any material to this Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
  2. We may review, edit or delete materials you or others send to this Site.
  3. We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

 
Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of pirq and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of pirq.


Purchases

If you wish to purchase any product or service made available through the Site ("Purchase"), 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.

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.

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

We process and ship orders the same day if your order was placed before 12:00PM CST. Orders placed after 12:00PM CST will be processed and shipped the following business day. Orders will be processed and shipped during regular business hours (Monday through Friday 9:00AM - 5:00PM CST, excluding holidays).

Returns

We guarantee the quality of all of our products.  When you order from pirq, you are assured that our products are of the highest quality. We ask that you notify us of problems by the next business day after receipt of your order. We reserve the right to fully investigate claims that we believe may be unfounded or fraudulent.


Availability and Errors

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

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 agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.


Links to Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by pirq.

pirq has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that pirq shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.


Indemnification

You agree to defend, indemnify and hold harmless pirq 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 a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall pirq, 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 Site; (iii) any content obtained from the Site; 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.


Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

pirq and its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

Pirq Rewards Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THE PIRQ REWARDS PROGRAM. The Pirq Rewards Program (“Program”) is brought to you by Pirq, and benefits shall be considered void where prohibited by law. By participating in the Program, you also consent to the Program terms and conditions set out below.
Taxes may apply where required by law. Pirq assumes no liability for any user's participation that contravenes the laws or regulations of his or her place of residence. Participation is subject to present and future program rules. Participation is valid only on www.drinkpirq.com and program rewards (“Points”) may only be earned and redeemed on www.drinkpirq.com (“website”). No purchase is necessary to participate in the Program. All users who sign up for a customer account at www.drinkpirq.com with a valid username and password are automatically enrolled in the Program and can begin earning and redeeming Points. Guest users are not automatically enrolled in the program and will not earn points for purchases. Pirq  specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific user's participation in the Program, if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of Program, as determined by Pirq  in its sole discretion. In addition, Pirq  reserves the right, in its sole and absolute discretion, to terminate, cancel, suspend and/or permanently ban any specific user's participation in the Program if Pirq  suspects that such user is conducting fraudulent activity to acquire, accumulate or spend Points including, but not limited to, by a user creating multiple Program accounts, false referrals, etc.   Eligibility The Program is offered only in the United States to individuals who are: (a) over 18 years of age as of the date of their first participation in the Program; and (b) legal US residents. When registering for the Program you agree to register only one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner, and their parents, affiliates, and subsidiaries are eligible to participate in the Program. Earning Points Users must be logged into their www.drinkpirq.com account to earn points. Users earn 100 Points upon registering for an account on www.drinkpirq.com.

 

Registered users subsequently earn 10 Points for every $1 spent on individual case or subscription purchases placed on www.drinkpirq.com or as auto-shipped www.drinkpirq.com subscription orders. Registered users earn an additional 100 bonus points for every 3 orders of $50 or more placed on www.drinkpirq.com (including auto-shipped subscription orders). Points are earned based on the amount actually spent on www.drinkpirq.com products, not on the amounts of any discounts, account credits, taxes or shipping. If an order is cancelled, Points awarded for the purchase will be cancelled.

Registered users who refer a new customer to wwww.drinkpirq.com earn 3,000 Points for each successful new customer referral. To qualify, the referred person must place an order on www.drinkpirq.com and be a new customer on the website. Customers may not refer anyone who has an existing www.drinkpirq.com account under an alternate email address or a variation of their name. From time to time, Pirq  may amend the requirements for earning or redeeming Points, without notice to users. Users only earn Points based on activity on and via the www.drinkpirq.com website. Users will be able to check the amount of Points accumulated in their account by logging in to their account on www.drinkpirq.com and viewing the Program account page (www.drinkpirq.com/pages/rewards). Users may not redeem or exchange accumulated Points for cash. Points have no cash value and do not constitute property of the user. Users may not give, donate, transfer or share their Points to another user’s account. Redeeming Points Points may be redeemed by logged-in users when making a purchase on www.drinkpirq.com. Users must login to their account in order to redeem Points, and claim rewards on the Program landing page (www.drinkpirq.com/pages/rewards) or in the Shopping Cart when checking out on the website.

 

Unless otherwise specified, Points may not be redeemed in conjunction with other discounts or special offers. Pirq  may limit the number of Points which may be redeemed at one time. Users may redeem only one discount reward per purchase. However, users may redeem both product rewards (for example, to receive a free pirq product) and a discount reward in a single purchase.

 

Pirq  in its sole discretion reserves the right to determine the redemption options available to users at any given time and to set and modify the Point values associated with these redemption options, without notice to users. The system will update the user’s remaining Points after Points are redeemed. Rewards cannot be applied to past purchases. Unredeemed Points shall expire six (6) months after being earned, if the customer makes no subsequent purchases. The expiration for Unredeemed Points resets to six (6) months from the date of any subsequent purchases. In addition, points will automatically expire if a user’s account is revoked or otherwise cancelled in accordance with www.drinkpirq.com terms and conditions. Account Information You must be logged in to your www.drinkpirq.com account to access and redeem your Points. You may view your point balance at (www.drinkpirq.com/pages/rewards). The information you provide will be handled in accordance with the www.drinkpirq.com privacy policy available at https://www.drinkpirq.com/pages/terms. Account Termination Participation in the Program is a privilege granted to www.drinkpirq.com users and as such can be suspended, revoked or terminated at any time by Pirq  for any reason or for no reason. In the event of termination of your participation, all benefits including all accrued Points and other program benefits will automatically and immediately be forfeited. In the event of termination of a user’s participation or a termination of the Program by Pirq , Pirq  has no liability to participants for unused Points or other program benefits. Account Cancellation You may cancel your participation in the Program at any time by deleting your www.drinkpirq.com customer account. Once cancelled, all Points earned are voided and may not be redeemed on any future purchase. Please contact hello@drinkpirq.com for assistance in canceling your account. Limitation of Liability PIRQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON PIRQ ’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM PIRQ  AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. Program Changes Pirq  reserves the right to vary any or all of the terms of the Program, to amend these Terms of Service, or to terminate the Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination may be provided to users via email, or by being posted on the www.drinkpirq.com website and will be effective immediately, unless otherwise stated in such notification.

 

Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas and any dispute shall be subject to binding arbitration in Dallas, Texas. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

Severability

If any clause within these Terms (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.