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Terms and Conditions of use

Untitled Document
  1. User agreement
    1. By using:
      1. the circleofhopechallenge.com website and any of its associated services and functionality; or
      2. the circleofhopechallenge.com mobile application,
      (in each case, the "Website") you signify your agreement to be bound by these terms and conditions ("Agreement") and our Privacy Policy Privacy Policy. Please read this Agreement and the Privacy Policy carefully before using the Website.
    2. This Agreement is formed between you and COHC, Inc (referred to in this Agreement as "We", "Us" and "Our"). Our address and contact details are as follows: 3449 Bucknell Pl, Highlands Ranch, CO 80129 Contact: http://circleofhopechallenge.com/contactus
    3. Anyone who uses the Website is referred to in this Agreement as "you" and "your".
    4. If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
    5. We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
    6. We will endeavour to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the mobile application, but we are under no obligation to do so. You should regularly check this Agreement to make sure you are familiar with the most current version. You should also be familiar with our current Privacy Policy.
  2. Changes to the Website
    1. We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
  3. Registration
    1. You must be a registered member to place orders and access some features of the Website.
    2. When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
  4. User Representations
    1. You represent and warrant that:
      1. you are at least eighteen (18) years of age;
      2. you possess the legal right and ability to enter into a legally binding agreement with us; and
      3. you will use the Website in accordance with this Agreement.
  5. Termination
    1. We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
    2. We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
    3. We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
  6. Your Use of the Website
    1. The only authorised access point to the Website is via http://www.circleofhopechallenge.com and its associated mobile application. We will not be responsible in any way for access outside these access points.
    2. You agree to use the Website only for purposes that are permitted by:
      1. this Agreement;
      2. any applicable law or regulation; and/or
      3. generally accepted practice or guidelines.
    3. You must not (or attempt to):
      1. access any part of the Website by any means other than through the interface provided by us;
      2. engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
      3. use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with COHC's prior written consent;
      4. interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
      5. use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
    4. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
    5. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
    6. You must not use another member's account without our, and/or the other member’s, express permission.
    7. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
  7. Information on this website
    1. Information about products on the Website is based on material provided by suppliers and product manufacturers.
    2. You understand and agree that except as required by law (including the United States Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing products or services without notice to us.
    3. You agree to make your own enquiries to verify information provided and to assess the suitability of products or services before you order a voucher for a product or service.
    4. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us, and may not be an exact representation of the product or service received.
  8. Order Process
    1. The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only. The availability of any vouchers for goods or services promoted on the Website may be subject to COHC's receipt of a minimum number of orders for the deal. A required minimum number of orders before vouchers for goods or services promoted on the Website are available may also be determined by third party suppliers/providers.
    2. Orders placed by you are offers to purchase a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/provider terms and conditions at the price specified (including delivery and other charges).
    3. To the extent permitted by law we reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, service or deal, an error in the price or product description, or an error in your order.
    4. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, then you must go through the normal returns process outlined in clause 19.
    5. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received. Except as required by law (including the United States Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
  9. Price and Payment
    1. The prices of vouchers, delivery and other charges shown are in US dollars.
    2. Prices are current at the time of display but are valid only for the 24-hour period (or any extension provided by us) in which they are available for purchase, unless the product or service is sold out prior to the expiry of the 24-hour period.
    3. All payments must be received in full prior to a voucher being issued.
    4. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold vouchers against your order. In such instances we do not guarantee that the voucher will be available should you try to order it again.
  10. Delivery of COHC Voucher
    1. Your COHC voucher for the goods or services shown on your order confirmation will be accessible via your COHC account. Your voucher will not be emailed to you and will only be accessible via your COHC account.
    2. We cannot be held liable nor responsible for any loss suffered as a result of a COHC voucher not being received by you due to circumstances beyond our reasonable control.
  11. Voucher Redemption/Supply of Goods/Services
    1. The service supplied by COHC in exchange for your payment is the provision of a voucher. Any COHC voucher you purchase shall be redeemable only for the specified goods or services from the relevant provider of the goods and services and shall only be available for redemption during the period specified on the voucher. The provider, and not COHC, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any COHC voucher you purchase.
    2. To the extent permitted by law (including the United States Consumer Law), COHC makes no warranty or representation regarding the standard of any goods or services to be supplied by the provider.
    3. The COHC voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the COHC voucher.
    4. The COHC voucher cannot be exchanged or redeemed for cash.
    5. The COHC voucher cannot be combined with any other Store credits, vouchers or promotions unless otherwise specified by the provider.
    6. Neither COHC nor the provider is responsible for lost or stolen vouchers or fraudulent use (by a person other than COHC or the provider) of the voucher’s unique reference number.
    7. COHC vouchers may contain terms and conditions known as the 'Fine Print' that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
    8. COHC vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
  12. Availability of Goods and Services and Scheduling
    1. You agree and acknowledge that:
      1. where providers offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
      2. providers are under no obligation to give priority to you in respect of the booking or scheduling of services using a COHC voucher and you may be required to wait your turn alongside the provider's other customers. This may necessitate a waiting time in scheduling your booking and/or redeeming your voucher;
      3. where providers offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
      4. the providers of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the provider prior to finalising any booking and confirm that you are able to comply;
      5. photographs appearing on our website to illustrate details of offers of providers are generally those made available to us by providers or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by providers. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
      6. a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
      7. restaurant menus advertised on the website are indicative only and subject to change without notice; and
      8. where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
  13. Bookings and Cancellations with Providers
    1. All services promoted on the Website are offered by providers subject to availability. Some small group or individual “experiences” will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
    2. Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any provider policies.
    3. If you cancel your booking you may incur a cancellation fee payable to the provider. Unreasonably short notice cancellations may result in the cancellation of your COHC voucher if the provider is unable to fill your space.
    4. Providers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the United States Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
  14. COHC Voucher Expiration and Extension
    1. COHC vouchers expire on the date indicated on the voucher. The expiry date is referred to as the 'Use by' date on your voucher and in your account.
    2. Expired vouchers are non-refundable in whole or part. Once expired, COHC vouchers are no longer valid and may not be honoured by the provider. You must ensure you use your COHC voucher within the validity period stipulated on the COHC voucher.
  15. Title and Risk of Products
    1. When purchasing COHC vouchers for products, we expressly retain ownership of products you order until payment is received in full for the COHC voucher together with any delivery and other charges.
    2. Risk in the product/s you order, such as loss or damage, passes to you upon delivery. Delivery shall be deemed to have taken place upon the product/s being delivered to your nominated address.
    3. Some products sold on the website are done so through third party providers and are subject to terms of sale and delivery of the provider.
  16. Products Out of Stock
    1. We reserve the right to notify you that products for which you placed orders have become unavailable.
    2. In the event that you order a product from the website and we later inform you that we no longer stock the product you had originally ordered, we may offer (at your election) to provide you a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.
    3. If you do not wish to take a substitute product , we will (at your election) provide you with Store Credit to your account or refund to the value of the product that was not supplied to you including the delivery fee (where the delivery fee was paid to COHC directly at the time of purchase).
  17. Change of Mind Returns
      1. Please order carefully as we do not refund or exchange simply because you changed your mind or you have made an error in finalising your order (such as choosing an incorrect size or colour or you did not understand the nature of the services). We may allow a refund or Store Credit (at our election) on a case-by-case basis for such returns, provided that the item/voucher in question:
        1. is returned within 28 days of order; and
        2. is not used or worn (with original tags and/or packaging); and
        3. is not damaged in any way; or
        4. has not been redeemed in part or in full for the services.
        If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement.
    1. If we allow a return in these circumstances, we will provide you with a refund or Store Credit only when we receive the returned product or voucher. Except in circumstances where you have been sent an item that was not what you ordered, return postage is at your expense.
    2. A $25.00 or 20% of the COHC voucher value (whichever is lower) re-stocking fee will apply to returns accepted under this clause.
    3. Store credits given for change of mind returns must be used within 12 months of issue. Store credits may only be used to order/purchase from COHC and are not redeemable for cash.
  18. COHC Guarantee – Refunds Policy
    1. Where express warranties are provided by COHC, provides the following wording: "Our goods come with guarantees that cannot be excluded under the United States Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure." In this context 'our goods' are the website services. The goods and services that are the subject of vouchers sold on our website are supplied by third party providers and you may have rights against them. Where you are entitled to a remedy for a major failure (or the failure cannot be remedied), you may elect the applicable remedy under the United States Consumer Law. Where you are entitled to a remedy for a minor failure, the supplier can elect the applicable remedy under the United States Consumer Law.
    2. Our aim is to provide you with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but we rely heavily on the providers to deliver the products and services. Although we cannot control the providers and are not responsible for their actions, we will use reasonable endeavours to try and satisfactorily resolve any dispute you may have with a provider.
    3. We may try to resolve your complaint by means other than a refund, such as by organising for the provider to repair or replace goods, or by extending the voucher's redemption period. If we successfully resolve your complaint a refund will not be issued.
    4. We may issue you with a refund or a Store Credit to the value of your purchased COHC voucher (at your election) where:
      1. we have made an error on an advertised deal, including where we have:
        1. issued a COHC voucher for goods or services of an entirely different nature to those advertised (e.g. a hot air balloon ride instead of a dinner voucher);
        2. chosen to withdraw the Deal before the end of the redemption period;
        3. included an incorrect Deal term, or omitted a significant Deal term; or
        4. posted the Deal on our Website in error;
      2. you have reason to believe that a technical error caused, or contributed to, the purchase or multiple purchases of COHC vouchers, and where the request for refund is issued through the COHC Help Center within 5 business days of the date of purchase or such other period as we reasonably determine; or
      3. the provider’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time. Store Credit or refunds may not be issued where the provider has one or more other locations within reasonable proximity that can service the COHC voucher.
    5. We may issue you with Store Credit or a refund to the value of your purchased COHC voucher where:
      1. the provider fails to provide the goods or services, or the goods or services provided are not as described in ‘The Fine Print’ on the Deal page, (for example by adding additional restrictions or conditions, or by providing alternate goods or services) unless you accept the alternative goods or services in place of the goods or services sold with the voucher;
      2. you have been unable to redeem your COHC voucher, despite attempting to during the COHC voucher validity period, however you must provide reasonable evidence of your attempt to use your voucher, and your claims will be assessed on a case-by-case basis; or
      3. we, at our sole discretion, believe your situation warrants a Store Credit or refund.
    6. We will not issue refunds in the following circumstances:
      1. you have changed your mind (except under Clause 17);
      2. you are unable to use the COHC voucher; or
      3. you have previously submitted a payment chargeback request to your financial institution that we have accepted.
  19. Process for Claiming a Refund or a Store Credit
    1. Your request for a refund must be submitted through the COHC contact (http://circleofhopechallenge.com/contactus), or alternatively as we advise at our discretion.
    2. Your refund or Store Credit request must, where applicable:
      1. include the COHC voucher number;
      2. include a detailed description of your experience or issue; and
      3. be received by us by the last day of the Deal redemption period (except as otherwise specified in clause 17).
    3. We may verify the details of your refund or Store Credit request with the provider, and by asking you to provide more information and proof.
    4. Where we issue a refund, it will be issued via the same payment method that you used to purchase the voucher or otherwise as determined by us.
    5. Any refund or Store Credit issued to you is not an admission of guilt or liability by COHC.
    6. Where we conclude that a refund or Store Credit request is invalid, we may refuse the request.
    7. The refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
  20. Store Credit
    1. You may in certain circumstances set out in this Agreement be issued by COHC with a Store Credit.
    2. Store Credit may be used to purchase COHC vouchers. Unless COHC advises otherwise, Store Credit may be applied towards the purchase of any COHC voucher offered on the Website. The terms and conditions of this Agreement shall apply in respect of any voucher purchased using Store Credit.
    3. In order to redeem Store Credit you must first have registered as a member with COHC. Membership is subject to this Agreement.
    4. Purchases made through use of Store Credit are subject to this Agreement.
    5. If your Store Credit does not cover the total cost of any order, you will be required to pay the balance using COHC’s normal payment methods.
    6. Any unused portion of your Store Credit shall be credited to your account, which shall be available for use for the period of validity of the Store Credit for further purchases through COHC.
    7. You should treat your Store Credit like cash. You are liable for all transactions made using your Store credit, except to the extent to which there has been fraud or negligence by COHC or any of its employees.
    8. To the extent permitted by law, COHC reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the COHC Website.
  21. Content
    1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
    2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
    3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
      1. you do not have the right to post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;.
      6. includes religious or political material which is or is likely to be offensive;
      7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
      8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorised advertising or promotional material;
      10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
      11. impersonates any person or misrepresents your relationship with any person.
    4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
  22. Disclaimer and Liability
    1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
    2. Unless we are not permitted to do so by law (including under the United States Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
      1. errors, mistakes or inaccuracies on the Website;
      2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
      3. defamatory, harmful, offensive or unlawful conduct of any user on the website;
      4. personal injury or property damage of any nature resulting from your access to or use of the Website;
      5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
      6. any interruption or cessation of transmission to or from the Website;
      7. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
      8. the quality of any product or service of any linked sites.
    3. We do not warrant, endorse, guarantee or assume responsibility for any other websites, content or resources linked to our website.
    4. Where any law (including the United States Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
    5. Except as required by law (including the United States Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
    6. Some services provided by providers may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services you should inform yourself of the risks and/or specific skills or qualifications involved.
    7. It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. COHC accepts no liability in this regard.
  23. Indemnity
    1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
  24. Intellectual Property
    1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
      1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
      2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
  25. Transfer and Assignment
    1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
      1. we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
      2. we shall be entitled to assign the benefit of any agreements we have with you to the third party.
  26. General
    1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
    2. This Agreement will be governed by and interpreted in accordance with the laws of Denver, Colorado. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Colorado.
    3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
  27. Privacy and Personal Information
    1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Our Privacy Policy can be found at: http://www.circleofhopechallenge.com/t/privacyinfo.

Terms and Conditions last updated on 30 May 2013.