TERMS OF USE

IMPORTANT TERMS

Please read this “Terms of Use” document carefully.  This “Terms of Use” document is an electronic record in the form of an “electronic contract” between PINK LEMONADE and the User of this Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This “Terms of Use” document shall include and shall always be deemed to include, as applicable:

(a) the Privacy Policy;

(b) the Terms of Sale;

(c) any other policy applicable governing the use of the Website or conduct of transactions on the Website. 

Further, when You use any specific service provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

If you do not agree with the terms of this “Terms of Use” document please do not use this Website.  By visiting this Website you unconditionally accept, and agree to be legally bound by these “Terms of Use”, read with the Privacy Policy, Terms of Sale, Sales Return Policy and / or any other applicable policy governing the use of the Website or conduct of transactions on the Website.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by PINK LEMONADE Policies (including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.

USER ACCOUNT, PASSWORD AND SECURITY

Registration: An online registration form available on the Website is required to be filled by User(s) in order to become registered User(s) (“Registered User(s)”). Upon registration, PINK LEMONADE shall establish an account (“Account”) on Your behalf and assign You a display name (“Display Name”) and password (“Password”) to have access to Your Account.

Information provided on registration: If You use the Website as a Registered User, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

CHARGES AND PAYMENT RELATED INFORMATION

Provision of payment information: You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. PINK LEMONADE expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account.

PINK LEMONADE shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products as delivered to You and the date of completion of transaction shall be after the Products are delivered to You.

INTELLECTUAL PROPERTY RIGHTS

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, “the Content”) on the Website is owned and controlled by PINK LEMONADE or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other  intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. PINK LEMONADE reserves the right to change or modify the Content from time to time at its sole discretion.

The trademark, logos and service marks displayed on the Website (“Marks”) are the property of PINK LEMONADE or their Vendors/Sellers or respective third parties. You are not permitted to use the Marks without the prior consent of PINK LEMONADE, the Vendor/Seller or the third party that may own the Marks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from PINK LEMONADE or third party owner of such Content.

DISCLAIMER OF WARRANTIES AND LIABILITY

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PINK LEMONADE does not warrant that:

(a)This Website will be constantly available, or available at all times; or

(b)The information on this Website is complete, true, accurate or non-misleading.

PINK LEMONADE will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. PINK LEMONADE does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

INDEMNITY

You agree to indemnify and hold harmless PINK LEMONADE, its owner, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PINK LEMONADE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTICE

All notices with respect to these Terms of Use from PINK LEMONADE will be served to You by email or by general notification on the Website. Any notice provided to PINK LEMONADE pursuant to these Terms of Use should be sent to Grievance Officer at info@pinklemonade.us.

FEEDBACK AND INFORMATION

Feedback: Any feedback You provide to this Website shall be deemed to be non-confidential. PINK LEMONADE shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) PINK LEMONADE is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) PINK LEMONADE may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from PINK LEMONADE for the feedback under any circumstances.

Rights of PINK LEMONADE on feedback received from Users: To clarify, PINK LEMONADE may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, PINK LEMONADE shall not be obliged to do so. Further, in the event that PINK LEMONADE makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to PINK LEMONADE, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.

GENERAL

Severability: If any provision of these Terms of Use is invalid, unenforceable or prohibited by law, then, these Terms of Use shall be considered divisible as to such provision and such provision shall be inoperative, and the remainder of these Terms of Use shall be valid, binding and of like effect as though such provision was not included herein.  PINK LEMONADE will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.

Waiver:  No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.  

Principal to principal relationship: You and PINK LEMONADE are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.

GOVERNING LAW AND JURISDICTION

By visiting our website, you agree that any action regarding your visit to and use of our Websites, as well as regarding any and all disputes or claims relating in any way to the Privacy Policy, these Terms of Use, or to any products or services sold or distributed by us or through our Websites will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.