Terms of service

TERMS AND CONDITIONS

Last Updated: June 7, 2019 

These Terms and Conditions (these “Terms”), together with the Privacy Policy and the Disclaimer, applies to your use of www.ensoapothecary.com and any other websites displaying this Privacy Policy (together, our “Site”). As used below, the term “Terms” will refer to the terms and conditions set forth below, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. 

Ensō Apothecary, LLC, is a limited liability company organized in Texas (“Ensō Apothecary,” “we,” or “us”). We are a manufacturer and retailer of all-natural, holistic, hand-made skin care products and other related products (the “Products”). Access and use of our Site, including all information, content, tools and services available through our Site (the “Services”), is conditioned upon your acceptance of these Terms. By accessing and using our Site, you are a “user” and you agree to be bound by these Terms. If these Terms are considered an offer, acceptance is expressly limited to these Terms. These Terms apply to all users of our Site, including browsers, vendors, customers, merchants and any content contributors. Please read these Terms carefully before accessing or using our Site.

We reserve the right to make modifications to these Terms at any time, by posting such modifications to our Site, and any such modifications will be applicable to all subsequent access to or use of our Site and the Services. If you do not accept and agree to all provisions of these Terms, as may be modified from time to time in the future, you may reject these Terms by immediately terminating all access and use of our Site and the Services, in which case any continuing access or use of our Site and the Service is unauthorized. It is your responsibility to check this page periodically for changes to these Terms. Continued use of our Site following the posting of any modifications to these Terms constitutes acceptance of those modifications.

Our Site is hosted on the [Shopify.com] platform. [Shopify.com] provides us with the online platform that allows us to sell our Products and offer the Services to you.

NOTE: IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE OUR SITE OR ANY OTHER PART OF OUR BUSINESS. 

01 GENERAL TERMS OF ACCESS

In using our Site and the Services, you are required to comply with these Terms and all laws, ordinances and regulations applicable to your activities on our Site and your use of the Services. We reserve the right to refuse or terminate access to our Site or the Services to anyone for any reason at any time, including a determination by us that you have breached or violated these Terms.

By agreeing to these Terms, you represent and warrant to us that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Site.

02 CHANGES TO THE SITE

We reserve the right to modify our Site, without notice, at any time, for any reason, including, without limitation, to update Product prices and descriptions or the services and features available through our Site. Any such modifications to our Site shall also be subject to these Terms.

We reserve the right to limit the sales of Products and Services in any geographic region or jurisdiction, restrict quantities purchased per person, household or order, or restrict or prohibit orders that, in our discretion, appear to be placed by dealers, resellers or distributors. We may discontinue any Product at any

time for any reason, without prior notice. Any offer for any Product or Service made on our Site is void where prohibited.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

03 ACCURACY OF ACCOUNT INFORMATION

By using our Site, you agree to provide complete and accurate information for all purchases made on our Site and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can provide the Services to you.

04 THIRD-PARTY MATERIALS

From time to time, we may provide you with access to third-party materials, websites or tools via our Site. You acknowledge and agree that we are not responsible for these third-party products and that we provide access to such products on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these third-party materials, websites or tools nor are we responsible for examining or evaluating the content or accuracy of such materials, websites or tools. Any use of these third-party products is at your own risk. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

05 USER-GENERATED CONTENT

You are responsible for all content, including any creative ideas, suggestions, proposals, plans, or other materials, provided to us by you by email, by postal mail, or otherwise posted or transmitted on this Site through or by use of your account or otherwise. We take no responsibility and assume no liability for any content posted by you or any third-party. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any content provided to us. We have no obligation to (a) maintain any content in confidence; (b) pay compensation for any content; or (c) respond to any content.

Content determined in our sole discretion to be false, fraudulent, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or a violation of any party’s intellectual property or these Terms are prohibited from our Site. We reserve the right to monitor, edit or remove such prohibited content.

You agree that your content will not contain any computer virus or other malware that could in any way affect the operation of our Site or any related website.

Content which contains personal information is governed by our Privacy Policy.

06 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our Site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date on our Site or on any related website, should be taken to indicate that all information on our Site or on any related website has been modified or updated.

07 PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Site or any content obtained using our Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site or the Services for violating any of the prohibited uses. 

08 LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

In no case shall Ensō Apothecary or any of its members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be responsible for any loss, claim, injury, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Site, the Services, the Products procured using the Services, or for any other claim related in any way to your use of our Site, the Services or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Site, the Services or any content (or Product) posted, transmitted, or otherwise made available via our Site or the Services, even if advised of their possibility.

THE FOREGOING LIMITATIONS OR LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. In jurisdictions that do not permit the exclusion or the limitation of liability for consequential or incidental damages, the foregoing limitation of liability will be limited to the maximum extent permitted by law.

YOUR ACCESS AND USE OF OUR SITE AND THE SERVICES, AND YOUR RELIANCE ON OUR SITE AND THE SERVICES, INCLUDING THE CONTENT ACCESSED THROUGH OUR SITE AND THE SERVICES, IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. We reserve the right to modify the contents of our Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND THE SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND THE SERVICES; (B) COMPUTER WORMS,

VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND THE SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND THE SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND THE SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND THE SERVICES OR IN CONTENT).

THE FOREGOING DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. In jurisdictions that do not permit the disclaimer of implied warranties, the foregoing disclaimers will be limited to the maximum extent permitted by law.

09 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ensō Apothecary and its representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these Terms. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

10 TERMINATION

These Terms may be terminated either by you or us, for any reason at any time. You may terminate your account at any time by providing notice of your termination or ceasing all use our Site and the Services. If you violate these Terms (or if we have reasonable grounds, in our sole discretion, to suspect that you have violated these Terms), we may terminate or suspend your access to all or part of our Site and the Services without notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

You may not transfer, assign or delegate these Terms, or any of the rights granted and obligations undertaken. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these Terms.

11 ENTIRE AGREEMENT

These Terms (along with any documents linked or referenced in these Terms) constitute the entire agreement between you and us and supersede any prior written or oral agreements, proposals or communications. Other than our representatives (who are expressly included as named third-party beneficiaries of these Terms), there are no third-party beneficiaries to these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. All other provisions of these Terms will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

12 GOVERNING LAW

Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these Terms, the provision of our Services, our Site or any content accessed through our Site or Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict or choice of law principles.

You agree that any claims, causes of action or disputes will be brought exclusively in courts located within the county of Dallas, Texas, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.

13 REVISIONS TO THESE TERMS

We reserve the right to revise these Terms or any part of them from time to time, at our discretion, and will post any updates or changes to our Site. It is your responsibility to check our Site for changes to these Terms from time to time. Your continued use of or access to our Site or the Services following the posting of any updates or changes to these Terms constitutes an acceptance of those updates and changes.

You can review the most current version of these Terms at any time at this page.

14 CONTACT US

If you have any questions or concerns regarding the information above or any other matter related to the use of our Site, please do not hesitate to contact us at info@ensoapothecary.com.