Terms of use
TERMS OF USE (Last updated: July 2018)
This website and/or its associated websites and mobile applications (the "Site") are owned and operated by service@purenordiccare.com
(the "Company"). These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase ("Terms of Purchase") posted on the applicable Company website, which are incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms "we," "us," and "our" refer to the Company. The Company offers this Site, including all information, tools, and services available on this Site, to you, conditioned on your acceptance of these Terms of Use. Your continued use of this Site constitutes acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE READ THESE TERMS OF USE CAREFULLY, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU ACCEPT THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data, and other materials provided on this Site or to the Company through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information provided on this Site, where appropriate.
Privacy Policy
A copy of the Privacy Policy, which applies to the collection, use, disclosure, and other processing of personal data on this Site, is available at service@purenordiccare.com
You agree that any personal data we obtain about you (through this Site, email, telephone, or any other means) will be collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy.
License and Site Access
All content available through this Site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of the Company, its licensors, or its content suppliers and is protected by copyright, trademark, and other applicable laws.
The Company grants you a limited license to access and use this Site for your personal use. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not modify or remove any copyright, trademark, or other proprietary notices contained in the content. The Company or its licensors or content providers retain full and complete ownership of the content available on the Site, including all associated intellectual property rights, and provide such content to you under a license that is revocable at any time at the Company's sole discretion. The Company strictly prohibits any other use of the content available through the Site, including, but not limited to:
● any downloading, copying, or other use of the content or the Site for purposes competitive with the Company or for the benefit of another provider or third party;
● any caching, unauthorized linking to the Site, or framing of any content available on the Site;
● any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of, or creation of derivative works from, any content, products, or services obtained from the Site that you do not have the right to make available (such as third-party intellectual property);
● any uploading, posting, or transmission of material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
● using any hardware or software to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Site (including, but not limited to, the use of "scraping" or other data mining techniques, robots, or similar data gathering and extraction tools); or
● Any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure, or that damages or interferes with the proper functioning of our infrastructure.
You are responsible for accessing the Site, and such access may result in third-party fees (such as Internet service provider or data charges). Additionally, you are responsible for providing and maintaining all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or limit access to this Site. Any unauthorized access to the Site by you (including any access or use involving in any way an account created on the Site or any device used to access the Site) will terminate the authorization or license granted by the Company.
The Company reserves the right to refuse or cancel anyone's registration on this Site, to remove anyone from this Site, and to prohibit anyone from using this Site for any reason, as well as to limit or terminate access to or use of the Site at any time and without notice. The Company neither warrants nor represents that use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of access or use will not constitute a waiver or prejudice any other rights or remedies to which the Company may be entitled, at law or in equity.
User-Submitted Content
You acknowledge that you are responsible for all content submitted via the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, content that encourages conduct that would constitute a criminal offense, violate the rights of any party, give rise to civil liability, or otherwise violate applicable laws.
You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to any content you submit, post, upload, publish, or otherwise make available via the Site (except for personal information, which is handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-revocable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content, or any portion thereof, in any media. Such content will not be treated as confidential. You hereby represent, warrant, and agree that: (i) any content you provide does not include anything (including, but not limited to, text, images, music, or video) for which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights and/or implement the content as it chooses, without obtaining permission or licensing from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained therein. We are not responsible for any content, advertising, products, or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be considered an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked site or resource. The Company is not responsible, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products, or services available on or through such linked sites or resources.
DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING. PERFORMANCE OR A COURSE OF DEALING.
USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE VIRUS-FREE; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND THE PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY'S SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION SENT OR RECEIVED DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE FREE OF CHARGE. ACKNOWLEDGING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS (THE "COMPANY PARTIES") WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE OR ANY OTHER SITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL, OR DELETION OF ANY CONTENT YOU SUBMIT OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, CORRUPTION OF FILE, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOST PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION, LOSS OF, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USING THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold the Company Parties harmless from any fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' fees and expert fees) incurred by the Company Parties and such parties, and will defend the Company Parties and such parties from any claims arising from (1) your breach of these Terms and Conditions of Use; (2) your breach of the Terms of Purchase; (4) your fraud, willful misconduct, or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event, you may not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive any communications relating to your use of this Site electronically. The Company will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to a customer will be deemed given and effective when sent to the email address provided on any of the Company Sites.
Postings on the Site
The Site may offer users the ability to post messages on the Site. The Company has no obligation to review content (including messages) posted or sent via the Site by users and assumes no responsibility for such content. The Company, at its sole discretion, may monitor, refuse to post, or remove such content.
Trademarks and Copyright
The trademarks, logos, and service marks ("Trademarks") displayed on the Site are the property of the Company or its licensors or content providers, or other parties. Users or anyone acting on their behalf are prohibited from using the Trademarks for any purpose, including, but not limited to, as meta tags on other pages or websites, without the written permission of the Company or such third party that may own the Trademarks. You may not use frames or other framing techniques or technologies to enclose any content on the Site without the express written consent of the Company. Furthermore, you may not use any content from the Site in meta tags or other "hidden text" techniques or technologies without the express written consent of the Company. All content (including any software) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others and asks its users to do the same. Please be advised that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of website users who repeatedly infringe copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information (to be effective, notification must be in writing and provided to our Copyright Agent):
● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
● a description of the copyrighted work or other intellectual property right that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
● your address, telephone number, and, if available, email address;
● a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
● a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Email: oroscoruth142@gmail.com
The Company may update this contact information from time to time without notice. We will post the updated contact information on this Site.
Survival of Terms After Expiration
Notwithstanding any other provision of these Terms of Use, or any general legal principle to the contrary, any provision of these Terms of Use that imposes or creates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Force Majeure
The Company will be excused from performance under these Terms of Use or the Terms of Purchase to the extent prevented or delayed in performance, in whole or in part, by an event or series of events caused by or resulting from (1) weather conditions or other natural elements or disasters, (2) acts of war, acts of terrorism, insurrection, riots, civil disturbances, or rebellions, (3) quarantines or embargoes, (4) strikes, or (5) other causes beyond the Company's reasonable control.
Risk of Loss
Items purchased through the Site are shipped by a third-party carrier pursuant to a shipment contract. Accordingly, risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute Resolution
By using the Site in any manner, you unconditionally consent and agree that: (i) any dispute, controversy, difference, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or in connection with it, shall be submitted to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time the Notice of Arbitration is submitted; (ii) the applicable law for this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the place of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.
General
If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or the Terms of Purchase. Section titles are for convenience only and do not limit the scope or extent of such section. These Terms of Use or the Terms of Purchase and the relationship between you and the Company shall be governed by the laws of Hong Kong, to the extent not precluded by or inconsistent with federal law, without regard to its conflict of laws provisions. For any action not subject to arbitration, both parties agree to submit to the personal jurisdiction of a court located in Hong Kong.
The Company's failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. If any content on this Site, or your use thereof, is contrary to the laws of the place where you are located at the time of access, the Site is not intended for you, and we ask you not to use it. It is your responsibility to inform yourself of and comply with the laws of your jurisdiction.
The Company does not guarantee that it will address all breaches of these Terms of Use or the Terms of Purchase. Except as otherwise expressly provided in these Terms of Use or the Terms of Purchase, there are no third-party beneficiaries to these Terms of Use or the Terms of Purchase.
Changes to these Terms of Use
You acknowledge and agree that the Company may, at its sole discretion, modify, add, or remove any portion of these Terms of Use at any time and in any manner by posting the updated Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to periodically review these Terms of Use for any changes. Your continued use of this Site after any changes to the Terms of Use constitutes acceptance of such changes.
Assignment
You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of the Company, which may be withheld at the Company's sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Terms of Purchase will be null and void. The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to a third party at its sole discretion.
Entire Agreement and Eligibility
These Terms of Use constitute the entire agreement and understanding between you and the Company regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals, oral or written, between the parties regarding such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In some cases, both these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will prevail, unless otherwise expressly provided in the Additional Terms.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to the use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
For any questions or comments about these Terms of Use or this Site, please contact the Legal Department at service@purenordiccare.com
by email at service@purenordiccare.com