By signing in, creating an account, placing an order, or entering or otherwise using our Website, you are agreeing to our Terms of Use (“Terms”). Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use our Website. You must be at least 18 years of age to use our Website.
Privacy Policy
Your privacy is important to us. As such, this Policy explains how we collect and use personal information. Our privacy policy is as follows:
- We collect personal information primarily for the purpose of fulfilling orders and communicating with customers and visitors. If we collect personal information for any other purposes, we will identify the purposes before or when it is collected.
- We will use personal information we collect only with the objective of fulfilling the purposes we specify and for other compatible purposes, unless we obtain your consent or as required by law.
- We will collect personal information by lawful and fair means and, where appropriate, with your knowledge or consent.
- We will make information about our policies and practices regarding the management of personal information available on our Website.
We are committed to conducting business according to these principles in order to ensure that the confidentiality of all personal information is maintained and protected.
Terms of Use
Disclaimer
All materials on our Website are provided “as is”. Dubia Roach Depot and its owners, operators, employees, and affiliates (“DRD”, “we” or “us”) make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of our Website.
Limitations
When permitted by law, DRD shall not be liable for claims, losses, or damages, including without limitation, special or consequential damages, incidental damages, legal fees, damages for loss of data or profit, or due to business interruption, arising out of the use of, misuse of, or inability to use our Website.
We offer several product and service guarantees, including our Live Arrival Guarantee and Complete Satisfaction Guarantee. Each of these guarantees has conditions and limitations. By using our Website, you agree to these conditions and limitations.
Revisions and Errors
The materials appearing on our Website could include technical, typographical, or factual errors. We do not warrant that all of the materials on our Website is accurate, complete, or current. We may make changes to the materials contained on our Website at any time without notice. However, we make no commitment to update the materials.
Links
DRD has no control over content on any other Websites and shall not be responsible for any content on any external Website. A link from our Website to external Websites does not imply endorsement by us of those Websites. Use of any linked Website is at the user’s own risk.
Cookies
Our Website uses cookies to enhance user experience by enabling core features, such as shopping and customer accounts. If your browser rejects cookies, your ability to use our Website may be adversely affected.
Accounts
In order to use some features on our Website, you must register for an account. You are responsible for maintaining the confidentiality of your Account login details. You are fully responsible for all activities associated with your Account. You agree to keep your Account username and password confidential and not share it with anyone. DRD will not be liable for your losses caused by misuse of your account and any unauthorized use of your account.
Shipping and Delivery; Risk of Loss
All Items purchased on our Website are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such Items pass to you upon delivery of the Items to the carrier. Items will be shipped to the address designated by the customer at checkout, so long as the address is complete and complies with any shipping restrictions. The time and location of delivery of the Items is at the discretion of the carrier.
User Content
You grant DRD a license to use the materials you post to our Website. By posting, transmitting, or otherwise distributing information (“Content”) on our Website, you are granting us a license to use the Content, including without limitation the right to copy, distribute, transmit, publicly display, reproduce, edit, and reformat the Content. You will not be compensated for any Content. You agree that we may publish or otherwise disclose your name in connection with your Content. By posting Content on our Website, you warrant and represent that you own the rights to the Content.
Who we share your data with
We share information necessary for payment processing, such as purchase total and billing details, with the payment processor (such as PayPal), for the purpose of fulfilling customer orders.
Recurring Orders Terms and Conditions
By checking the terms and conditions checkbox on the checkout page and placing a Recurring Order, you agree to accept these terms and conditions (“Conditions”) for our Recurring Shipments subscription ordering program (“Autoship”). The Conditions constitute the entire agreement between you and Dubia Roach Depot regarding our Autoship program. Please note that your use of our Website is also governed by our Terms of Use and Privacy Policy. By placing a Recurring Order and enrolling in our Autoship program, you accept these terms, conditions, limitations and requirements. Please read these Conditions carefully.
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Benefits
When you purchase product(s) on our Website and enroll in our Autoship program, you are signing up for continuous shipments of those products and may select how often you would like the product(s) delivered to you. You may change your delivery schedule, add or remove product(s), change quantities, add options (like a post office hold for pickup), modify your address, and change or modify the payment method at any time.
We reserve the right to change Autoship program details at any time at our sole discretion. Some offer details may change over time, such as taxes, shipping charges, and other prices. However, we will never change the price of your next shipment once you have authorized an order as set forth in these Conditions.
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Notifications; Automatic Order Creation; Order Changes or Cancellation
When you place your initial order for a product(s) and enroll in our Autoship program, you will receive a notice that your Recurring Order has been created and your first shipment will be processed. Your first shipment will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your Autoship subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel.
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Credit Card Authorizations and Charges
When you sign up for continuous shipments on Autoship, you agree to allow us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. We will submit periodic charges (at the interval you selected – i.e. weekly, monthly, etc.) to your chosen payment method without further authorization from you, until you pause or cancel the Recurring Order or change your payment method.
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Pricing; Payment; Renewal; Cancellation
The amount you are ultimately charged for a product delivered pursuant to our Autoship program will be the price of that item as stated when you created the Recurring Order. The charge for each Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Autoship order with the current payment method, we will notify you and give you the opportunity to use another payment method to complete the purchase.
Your subscription will remain in effect until it is cancelled. You can cancel or pause a subscription at any time via the Recurring Shipments tab, located in Your Account.
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Agreement Changes
We may, in our sole discretion, change these Conditions without notice. If any change to these terms & conditions is for any reason unenforceable, this will not affect any other changes or conditions. Your continued participation in our Autoship program after we change these Conditions constitutes acceptance of the changes. If you do not agree to any changes, you must cancel your subscriptions.
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Additional Terms
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. All returns under Autoship are subject to our Return Policy.
Assumption Of Risk
There are risks associated with buying and keeping insects. These risks include, but are not limited to, damage to property and economic loss, which may result from, or in connection to, insect escape, infiltration, proliferation, infestation, disease, and death. By purchasing insects on our Website, you acknowledge that you:
(a) understand all of the risks;
(b) are capable of managing the risks; and
(c) take full responsibility for each of the risks.
If you do not understand the risks, are not prepared to manage the risks, or are unwilling to take full responsibility for all of the risks associated with buying and keeping insects, you agree to refrain from purchasing insects on our Website.
Indemnification and Hold Harmless
To the extent allowable by law, you agree to defend, indemnify and hold DRD harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of our Website;
(b) your violation of any term of these Terms of Use;
(c) your violation of any third party right; or
(d) any claim that your Content caused damage to a third party.
You specifically acknowledge that DRD shall not be liable for any claims, losses, or damages arising out of, or in connection with, the receipt or lack of receipt of Dubia roaches, Dermestidae (commonly: larder beetle, hide or leather beetle, carpet beetle, and khapra beetle), Alphitobius diaperinus (commonly: lesser mealworm and litter beetle), and any other insect we sell, and that the risk of harm or damage from the foregoing rests entirely with you.
Liability for Dubia Roach Depot
The total liability of DRD for any claims under these Terms, including for any implied warranties, is limited to the product(s) original purchase price.
We are not responsible or liable for losses that were not caused by our breach of these Terms.
Nothing in these Terms is intended to exclude or limit the liability of DRD for any liability that cannot be excluded by law.
About These Terms
We may modify these Terms without notice. Any changes we make will be posted on this page. By using our Website you agree to be bound by the current version of our Terms, as posted here at the time of your visit.
If any Term is not enforceable, this will not affect any of the other Terms.
The laws of California shall apply to any dispute or claim relating in any way to your use of our Website, or to any products sold on our Website. All claims will be litigated exclusively in the federal or state courts of Alameda, California, and you and DRD consent to personal jurisdiction in those courts.
Contact Information
You can contact us by contact form or email. Our mailing address is as follows:
Dubia Roach Depot
2705 Webster Street Unit 5634
Berkeley, CA 94705
