HALARA TERMS AND CONDITIONS
Last Updated Date: Sep 21, 2022
Welcome to the online shop operated by HK DFS Limited d/b/a Halara (“Halara,” “we,” “our,” “us”)! We appreciate your interest in our products, and we hope you enjoy everything we have to offer.
This Terms & Conditions is a contract between you and Halara that informs you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) which set forth the basic rules that govern your access and use of services owned or operated by Halara and our affiliates and subsidiaries including our websites linked to these Terms (the “Sites”); our mobile applications (“Apps”) that hyperlink to these Terms, or any other websites, pages, features, or content owned and operated by us that hyperlink to these Terms (collectively, including the Sites and Apps, the “Services”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHERE ALLOWABLE UNDER APPLICABLE LAW, THE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE REVIEW SECTION 13 BELOW FOR DETAILS ABOUT ARBITRATION (INCLUDING THE PROCEDURE TO OPT-OUT OF ARBITRATION).
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TABLE OF CONTENTS
3. OUR INTELLECTUAL PROPERTY RIGHTS3.1. Content. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by Halara. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site and each App, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved.3.2. Halara Marks. In addition, the “Halara” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein (“Marks”), are owned by Halara, our subsidiaries and affiliates. The Marks of Halara are trademarks in the United States and other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The Halara Marks, whether on any product offered for sale on the Sites or the Apps, or appearing as a logo or text on any portion of the Services, is not a representation that Halara is the owner of any copyright or other intellectual property rights in the products offered for sale on the Sites or the Apps. Halara sources some of its products from third party manufacturers and wholesalers.3.3. Subject to the terms and conditions of these Terms, Halara hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services and their Content by displaying it on your internet browser, for our Sites, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Sites or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Halara in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not copy, reproduce, republish, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by Halara in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by Halara in advance. Halara reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
4. CONTENT SUBMITTED BY YOU4.1. Reviews, Comments and Submissions. You are responsible for any information, including, without limitation, text, reviews, posts, images, ideas, know-how, techniques, question, comments, suggestions, or other materials or Content that you upload to us, or transmit through our Services (“ User Contentt”). You agree, represent and warrant that any User Content you transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Halara or third parties as to the origin of any User Content. Halara may but shall not be obligated to remove or edit any User Content (including comments or reviews) for any reason. Please note that individuals below the age specified in the “Representation and Age Restrictions” section are prohibited from posting images to our Services of themselves or others.4.2. User Content License. By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, username, location, photograph, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Content through our Services, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of our Services and under these Terms. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. 4.3. Our Rights. You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted through our Services; (ii) monitor User Content; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to provide our Services, to protect us, our Sites visitors, and our App users, to comply with legal obligations or governmental requests, to enforce these Terms, or for any other reason or purpose we deem appropriate. If you see User Content through our Services that you believe violates these Terms, please contact using the information in the Contact Us section.
5. PROHIBITED USE OF OUR SERVICESWhile using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited from:
(i) using the Services to send or post harassing, abusive, or threatening messages;
(ii) transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
(iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
(iv) disrupting the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants;
(v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
(vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services;
(vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;
(viii) posting User Submissions or using the Services in such a way that damages the image or rights of Halara, other users or third parties;
(ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Services or the Halara Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services; and attempting to circumvent, disable or otherwise interfere with security related features of the Services that prevent or restrict use or copying of any Halara Content or enforce limitations on use of the Services.
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
7. ERRORS AND OMISSIONS
While Halara strives to provide accurate product and pricing information, pricing or typographical errors may occur. Halara cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Halara shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
8. TRADE RULES8.1. Price, Orders, and Payment. 8.1.1. We may make improvements and/or changes in products described on our Services, add new features, or terminate a Service at any time without notice. We also: (a) reserve the right to change the products advertised or offered for sale through our Services, the prices or specifications of such products, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that products advertised or offered for sale on our Services will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on our Services (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Services is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. 8.1.2. Taxes. All prices displayed on our Services are exclusive of Sales & Use Tax, custom duties and other taxes (where applicable) which will be charged to you separately at the applicable rate. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact firstname.lastname@example.org for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.8.1.3. Price. All prices are correct at the time of entering the information on to the system. If for some reason we are unable to ship your products, the value of the items that are not shipped will be refunded to you or to the original method of payment. All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus Sales & Use Tax and other applicable taxes. Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.8.1.4. Payment Processing. We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.8.2. Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. 8.3. Packing. Unless otherwise provided, we will comply only with commercially reasonable minimum packing standards for the method of transportation you have selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.8.4. Shipping & Delivery. Halara ships from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery, please contact by email at email@example.com Shipping fees vary by destination country and can be found as calculated during the order completion process before checking out. You may refer to our Shipping Info page for more details. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you'd like to ship to multiple addresses, please place separate orders for each unique address. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.8.5. Title and Risk of Loss. Delivery to carrier shall constitute delivery to Customers, and thereafter risk of loss or damage shall pass to Customers. Any claim of Customers, relative to damage during shipping or delivery should be made directly to the carrier or to Halara first and then assumed by the carrier. Any claims by Customers, against Halara for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Halara in the condition claimed. Notwithstanding passage of the risk of loss to Customers,, title and right of possession to the goods sold hereunder shall remain with Halara until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Customers, agrees to do all acts necessary to perfect and maintain such right and title in Halara.8.6. Refunds, Returns and Exchanges. The exact return period and return policy differs from country to country. Please read our Return Policy or contact our customer service for the detailed information. Customers returning goods are responsible for return shipping/freight charges. Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through our Services. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
9. THIRD PARTY LINKS AND RESOURCES
Our Sites and Apps may contain links to third-party sites that are not owned or controlled by us. Any information, statements, opinions, or other information provided by third parties and made available on our Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statements, or other third-party Content on our Services. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Sites or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies. By using our Services, you expressly relieve Halara from any and all liability arising from your use of any third-party Content.
10. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to, among others, the following:
Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Pandemic, disease or other events that impact the global supply chain in manners beyond our commercially reasonable control.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.
11. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HALARA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HALARA AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH HALARA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY HALARA “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HALARA OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY
Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in case of fraud or fraudulent deceit; or in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HALARA TO YOU.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. (3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, HALARA WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HALARA ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY OT USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, COMPENSATORY OR EXEMPLARY DAMAGES, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACT, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF DATA (EVEN IF FORESEEABLE), LOSS OF BUSINESS OR MANAGEMENT TIME, AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS. EVEN IF HALARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HALARA’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS. (4)YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. HALARA, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These limitations do not apply to users located in the European Economic Area or Brazil. For those users, if Halara fails to comply with these Terms, Halara is responsible for loss or damage you suffer that is a foreseeable result of Halara’s breach of these Terms or is the result of Halara’s negligence, but Halara is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or it was contemplated by you or Halara at the time we entered into these Terms.
13. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.13.1. Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.13.2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. Except for any Disputes excluded below in Section 13.4, all claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in-person in the State of Delaware or remotely via appropriate videoconferencing technology, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in the State of Delaware.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of the Terms & Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of the Terms & Conditions shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.13.3. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth immediately above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.13.4. Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.13.5. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 13.2 and 13.3 by sending written notice of your decision to opt-out by emailing us at Legal@halara.com The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.13.6. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.13.7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 13.2 do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in the State of Delaware (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.13.8. Exceptions. Arbitration may not apply if you are a resident of certain jurisdictions. The agreement to arbitrate in these Terms will not apply if not permitted by law. 13.9. California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
14. COPYRIGHT INFRINGEMENT NOTICESIt is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to Legal@halara.com with the Subject Line “DMCA Notice”, and include the following:
Identify the copyrighted work that you claim has been infringed;
Identify the material or link on our Services that you claim is infringing your copyrighted work;
Provide your full legal name, company affiliation, mailing address, telephone number, and email address; andInclude in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Halara or others.
15. TERMINATIONThe Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on our Services, including in your User Account. You may terminate these Terms by providing written notice of termination to us, including your detailed contact information and any User Account information or other Services credentials, using the information in the Contact Us section.
In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to our Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your User Account at any time. You agree that if your use of our Services is terminated pursuant to these Terms, you will not attempt to use that Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Service after termination will be a violation of this section, which survives any termination. Even after the termination of these Terms or of your User Account or access to a Site, any User Content you have posted or submitted may remain on our Services indefinitely.
The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted Content, disclaimers, limitations of liability, indemnity, and Disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
16. NOTICE TO CALIFORNIA AND NEW JERSEY RESIDENTS16.1. California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is HK DFS Limited, at Room 1401, Cambridge House, 26-28 Cameron Road Tsimshatsui, Kowloon, Hong Kong. To file a complaint regarding the Services or to receive further information regarding use of the Sites or Apps, send a letter to the above address or contact us via e-mail at Legal@halara.com with “California Resident Request” as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.16.2. New Jersey Residents. If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.
17. NOTICE TO CANADA USERS17.1. L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.17.2. Quebec Customers. For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.17.3. Dispute Resolution. The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence. 17.4. Cancellation Rights. Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
18. NOTICE TO EUROPEAN UNION USERS18.1. Children. You may not use any Site if you are under the age of 16.18.2. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.18.3. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW.
19. NOTICE TO UNITED KINGDOM USERS19.1. Children. You may not use any Site if you are under the age of 16.19.2. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.19.3. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW.
21. CONTACT USWe welcome your questions and comments about our privacy practices or these terms. You may contact us by email at Legal@halara.com.