Store Policy
Terms Of Use
October 18, 2021
TERMS OF USE AGREEMENT
1. Introduction
These are the Terms of Use (“Terms of Use” or “Agreement”) for your use of services or features on the website(s) owned or controlled by PeachBlueberry (“Company”/ "We"), including www.peachblueberry.com (the “Website”). We may add additional Websites, and these Terms of Use will govern those new Websites when added. You may be accessing the Website from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website (“Products”), or use other services made available through the Site.
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE THE WEBSITE.
2. Intellectual Property Rights
The content on the Website (“Company Content”) and the trademarks, service marks and logos on the Website (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark and other intellectual property rights under United States, Canada and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.
COMPANY CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS” FOR YOUR INFORMATION AND PERSONAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, AGGREGATED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. PROVIDED THAT YOU ARE ELIGIBLE TO USE THE WEBSITE, YOU ARE GRANTED A LIMITED LICENSE TO ACCESS AND USE THE SITE AND THE COMPANY CONTENT AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE COMPANY CONTENT TO WHICH YOU HAVE PROPERLY GAINED ACCESS SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. COMPANY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN AND TO THE WEBSITE AND COMPANY CONTENT AND MARKS.
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3. Product Information
The Products displayed on the Website can be ordered and delivered only within the Canada, United States, Australia, Japan, Singapore, Germany, Italy, Spain and United Kingdom. See the Shipping Policy under Shipping & Returns section of the Website for more information. All prices displayed on the Website are quoted in Canadian Dollars.
All material and information presented by Company is intended to be used for personal, educational or informational purposes only. The formulations of our products are compliant with GMP, United States and Canadian regulations. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor's doctor.
All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty skin care and beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion.
Except where prohibited by law, Company may limit the number of Products available for purchase.
4. Purchases; Payment
Company bills through an online billing account for purchases of Products and/or services. You agree to pay Company all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. You will be notified by Company prior to making adjustment onto the method of payment used at purchase. Sales tax will be not added to the sales price of purchases until further notice and it will be updated on the Website once it is required by Company. Company may change prices at any time. All payments shall be in CAD dollars. We accept credit/debit card payments. Orders and deliveries are currently only available within Canada, United States, Australia, Japan, Singapore, Germany, Italy, Spain and United Kingdom.
5. Shipping, Returns and Exchanges
Please review the Shipping and Returns policy posted on the Website prior to making any purchases.
6. Mobile Services
If you access the Website via your mobile phone or tablet device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
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7. Third Party Content and Third Party Sites
We also like to interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram and YouTube ("Third Party Sites"). Our Terms of Use and other areas of our Website may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with services that involve Third Party Sites, but Company does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Company does not own or control, or to the actions of people that Company does not employ or manage. You should always check the terms of use posted on Third Party Sites. Company may also provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Company does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Company, do not necessarily reflect the views of Company.
8. User Representations
Regarding Your Registration
By registering an account on the Website, you represent and warrant that:
• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• you will keep your password confidential and will be responsible for all use of your password and account;
• you are not a minor in the jurisdiction in which you reside; and
• your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and/or refuse you in any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
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Regarding Content You Provide
The Website may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available Contribution, you thereby represent and warrant that:
• the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
• you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
• you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
• your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
• your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
• your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
• your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
• in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Company or third parties as to the origin of any Contribution.
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9. Contribution License
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
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10. Prohibited Activities
You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
• attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
• attempting to impersonate another user or person or using the username of another user;
• criminal or tortious activity;
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
• deleting the copyright or other proprietary rights notice from any Website content;
• except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
• harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any services to you;
• interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
• making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• selling or otherwise transferring your user profile;
• systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
• tricking, defrauding or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
• using any information obtained from the Website in order to harass, abuse, or harm another person;
• using the Website or data or other content from the Website as part of any effort to compete with Company or to provide services; and
• using the Website in a manner inconsistent with any and all applicable laws and regulations.
Website Management Company reserves the right but does not have the obligation to:
• monitor the Website for violations of these Terms of Use and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
• in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
• in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and
• otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
11. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
12. Privacy Policy
Please review Company’s PRIVACY POLICY. By using the Website or registering an account with Company, you are consenting to have your personal data transferred to and processed in Canada and United States. By using the Website, you are consenting to the terms of our Privacy Policy.
13. COPYRIGHT INFRIGEMENT
If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Company’s with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the Website;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
• The copyright material will be removed from the Website once it is confirmed the claim is valid.
14. Reservation of Rights
Company reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company (and its employees), its users and the public.
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15. Dispute Resolution
If a dispute should arise between you and Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to INFO@PEACHBLUEBERRY.COM.
If your dispute cannot be resolved using our customer service, then these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
16. Agreement To Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Company agree to resolve any claims relating to this Agreement through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You and Company may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WHAT IS ARBITRATION:Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
16. Choice Of Law/Forum Selection
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
17. Disclaimer of Warranties
COMPANY IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
18. Disclaimer of Liability
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. 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. This provision does not apply to New Jersey residents.
19. Indemnity
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, your use of the Website, your breach of this Agreement and/or your breach of your representations and warranties set forth above.
20. English Language
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
21. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Company, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
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22. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this Website. It is your responsibility to check changes in this Website periodically. Your continued use of or access to this Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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