Welcome to Terms & Conditions of Use (“Terms”, “Terms of Use”) for the www.qacchua.com website (“site”) operated by The Qacchua Collective. (“us”, “we” or “our”).

Your access to and use of the site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use this site.

Please note: If you are an EU Consumer (as defined below), some of these provisions may not apply to you. You may be entitled to specific rights under the mandatory law of the country in which you live. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or professions (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.

By accessing or using the site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access this site.

Rights

This site is protected by copyright, trade secret, trademark and other US and foreign laws. Use of the site does not grant you any right, title or interest in the site, trademarks, logos or other brand features or intellectual property or trade secrets.

Payment Processors

We may use third party payment processors (each, a “Payment Processor”) to bill you for services rendered. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms.

Purchases

If you wish to purchase any service or product made available through this site (“Purchase”), you may be asked to supply certain information relevant to your Purchase.

Links to 3rd Party Websites

Our site may contain links to 3rd party websites or services that are not owned or controlled by The Qacchua Collective.

Qacchua Collective has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party website or services. You further acknowledge and agree that The Qacchua Collective shall not be responsible and 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 websites or services.

Termination

We may terminate or suspend access to our site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Compliant Use

You represent and warrant that your use of the site is in compliance with applicable laws.

Disclaimers

To the fullest extent permitted by applicable law, we make no warranties, either express or implied, about the site or the services contained therein. The site is provided “as is” and “as available”. The Qacchua Collective also disclaims any warranties for merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from The Qacchua Collective, shall create any warranty.

Under certain circumstances, some jurisdictions do not permit the disclaimers above, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by the applicable law. You may have other statutory rights, and nothing in these Terms of Use affects your statutory rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

Limitations of Liability

Unless you are EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will The Qacchua Collective and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the site, services or these Terms of Use for (a) any indirect, special, incidental, exemplary, punitive or consequential damages or (b) any Third Party Services or third party sites accessed via the site or services.

If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide services with reasonable care, but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of these Terms of Use (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warrant, contract, tort, negligence, strict liability or any other legal theory, whether or not The Qacchua Collective has been informed of the possibility of such damage, and even if a remedy set forth in these Terms of Use is found to failed its essential purpose. If you are an EU Consumer, The Qacchua Collective is liable under statutory provisions for intent by us, our legal representatives, directors or other vicarious agents.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless The Qacchua Collective and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation, reasonable attorneys fees and costs) (collectively “Losses”) arising out of or related to your breach of these Terms. Your indemnification obligations under this section shall not apply to the extent directly caused by our breach of these Terms or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

Cookies

Like most other websites, this site uses ‘cookies’. These cookies are used to store information including visitors preferences, and the pages on the website that the visitor accessed or visited. For more information, visit the Privacy Page of this website. You can manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on you browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us at CoachQ@qacchua.com