Terms and Conditions effective from 28 February 2018
These Terms and Conditions together with our other specific Privacy & Cookies Policy apply as between you (the User) and Look Avenue Inc. (the owner and operator of www.naturalave.com Site and/or Applications [as defined below], also referred to as ‘Natural Avenue’, ‘we’, ‘us’ and ‘our’ in these Terms) in connection with your use of the Site and Applications and how we process Orders which you wish to make with third party suppliers of natural beauty items. These Terms apply whether you are a visitor to the Site as well as if you create an Account with us and become a Member. These Terms govern your access to and use of the Site, Applications and Services and all Content (defined below), and constitute a binding legal agreement between you and us.
By accessing or using the Site, Applications or Services you acknowledge that you have read, understood and agree to be bound by these Terms. Natural Avenue reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services (in whole or in part) or to modify these Terms, at any time and without prior notice.
Your agreement to comply with and be bound by these Terms is deemed as provided upon your first use of the Site or Application. If you do not agree to be bound by these Terms, you should stop using the Site or Application immediately, as your continued use will indicate your acceptance of these Terms.
1) Definitions used in these Terms
"Acceptance" means the process by which Natural Avenue accepts a Member’s offer to purchase a product displayed for purchase via the Site, as set out in detail in clause 6 of these Terms;
"Account" means collectively the personal information, payment information and credentials used by Members to access the Service and / or any communications System on the Site or Applications;
"Applications" mean the software applications published by or on behalf of Natural Avenue developed to operate on handheld and /or mobile devices through which the Services can be accessed on such devices;
"The Natural Avenue Service" means the bespoke service offered by Natural Avenue to its Premium Members as more specifically described on the Site and in the Applications by which Natural Avenue offers to a variety of natural beauty products authentic experiences to enable purchasing decision for it Premium Members;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site or Application, including the infrastructure used to provide such content;
"Natural Avenue" means Look Avenue Inc. (registered in the Sate of Delaware, with an operating address on 30 Newbury Street, 3rd Floor Boston, MA 02116 ).
"Natural Avenue Content" means all Content that Natural Avenue makes available through the Site, Applications or Service, including any Content licensed from a third party;
"Handling & Delivery" means the fee charged to Premium Members to cover the cost of the delivery executed by the Product Providers in relation to Orders at the rate or rates set out on the Site and the Applications from time to time;
"Registered Members" means Users who have chosen to become and been accepted as members of Natural Avenue by completing our account registration process, as described under "Account Registration" below;
"Order" means a request by a Member to purchase one or more Products using the Service;
"Premium Members" means Members who place an Order through the Natural Avenue Service;
"Products" mean any fashion-related product details of which are published to Members via the Service including but not limited to clothing, footwear, watches, jewellery and fashion accessories;
"Product Providers" means Companies that produce and own displayed Products;
"Service" means collectively any online facilities, tools, services or information that Natural Avenue makes available through the Site or Applications either now or in the future;
"Site" means the website that you are currently using www.Natural Avenue.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;
"SNS" means third party social networking sites including but not limited to Twitter and Facebook;
"System" means any online communications infrastructure that Natural Avenue makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"Terms" means these Terms and Conditions;
“Creator” means a person experiencing products and posting her or his authentic experience on the Site and/or the Applications and is not employed by Natural Avenue and acting in the course of their employment.
The Site, Applications and Services are intended solely for persons who are 13 or older and solely subject to and in compliance with these Terms. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older. Any User who wishes to place an Order must be legally capable of entering into a legally binding contract within the country from where the User accesses the Site, Applications or Services and if you are under the age of 18 but are 13 or older, you must have the consent of your parent or guardian to place an Order. By placing an Order you warrant that you have the legal capacity to do so and are not prevented from doing so by any applicable rules, laws or regulations.
3) Account Registration
5) Intellectual Property Rights and Ownership
The Site, Applications, Services and Content are protected by copyright, trademark, and other laws of Unites States of America and the laws of other territories and countries (where applicable). To the extent permitted by applicable law, Natural Avenue or its licensees owns all right, title and interest in and to the Site, Applications, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of Natural Avenue used herein are trademarks or registered trademarks of Natural Avenue or its associated companies. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. All such trademarks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Natural Avenue or the relevant owner.
Our Natural Avenue Service consists of the following steps:
You can browse and purchase items on Natural Avenue by putting them in your shopping box and completing the checkout process.
After checkout, you will be charged the listed amount for the products you have added into your cart including, in some cases, as displayed, Shipping and Delivery fees.
In case you would like to exchange or return the product(s) after receiving, please contact us at firstname.lastname@example.org
What Natural Avenue does: When you discover an item, you would like to buy, simply select the Item and then click on the ‘Add to Cart’ button on the product page. You can add as many different items as you like to your shopping bag. Once you have selected everything you would like to buy, click on the shopping bag icon at the top right of the page to review your order summary.
Product information: We try and avoid errors in our Product descriptions and listed Product prices. However, we reserve the right to correct any errors in Product descriptions or Product prices before Acceptance of your Order. For the avoidance of doubt, Natural Avenue reserves the right to alter or amend the details of a Product or withdraw a Product at any time up to the point of Acceptance in the event that it is aware of any error or omission relating to the details of the Product or in the event that it receives a request to do so from the Product Provider.
Making and Acceptance of an Order (No Natural Avenue Service): The publication of Products on the Site or Applications treat’ and a Member’s Order for Products constitutes a contractual offer. No contract will come into force between a Member and Natural Avenue unless and until there has been Acceptance by Natural Avenue of the Order placed by the Member. For
Acceptance to take place, the following steps will need to be completed:
(a) The Member will need to place Products in its Shopping Cart and confirm that it wishes to use the Natural Avenue Service to complete its Order.
(c) Payment for the Product listed on the Natural Avenue Site is implemented by Braintree Inc, a third-party payment provider. Natural Avenue has no involvement or liability in relation to the processing of the payment information.
(d) Once an Order has been placed by the Member, Natural Avenue will transfer the Members details to Product Provider to complete handling and shipment of the selected product(s), a contract will be formed between the Member and the Product Provider. Natural Avenue is not a party to that contract and will have no responsibility or liability in relation to the fulfilment of the Order by the Product Provider.
(c) The Member must direct all queries in relation to the Order including tracking, delivery or returns to the Product Provider and not to Natural Avenue.
(d) Once an Order has been accepted by the Product Provider, the Order will be shipped by the Product Provider, with a corresponding notification sent to both Premium Member and the Creator. After the order is accepted by Product Provider, Natural Avenue shall have no further liability towards the Member in relation to the Order.
7) Your Status
By placing an order through our site, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; (c) you possess a valid credit or debit card;
8) Cancellation Policy
Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. Dispatch Confirmation sent by Natural Avenue, includes Return and Exchange policy is outlined by particular Product Provider.
9) Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
10) Price and Payment
The price of the Products and our delivery charges will be as quoted from time to time, except in cases of obvious error. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We carry a large number of Products and it is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is significantly higher than the price stated by us, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
We only accept payments by PayPal, credit or debit card. For your convenience and in order to safeguard your payment information all payments are transacted through the secure server of our on-line payment processing provider and once you have entered all relevant information correctly payments will be processed in accordance with the procedures set out above. Your PayPal account, credit or debit card account will be debited only when you have decided to keep some Products or your right to cancel your order has expired i.e. 5 working days (not including weekends or bank holidays) after the day on which you receive the Products (please see our Cancellation Policy for further details of your rights to cancel).
A refund would be necessary if we charged you incorrectly after you received a faulty Product which you subsequently returned to us or we charged you within 5 working days starting from the day after delivery but you subsequently cancelled the agreement. In these cases Product Provider bears the responsibility to refund you for the full amount within 30 days of the return of such faulty Product or the cancellation of the agreement respectively to the same PayPal account or card you paid with for such Products. A refund can also be made after 5 days if it is still possible to return the item to the product provider and they accept the return and issue a refund. If the product provider does not accept the return we will subsequently return the item to you and you will not receive a refund. Refunds are at the sole discretion of Product Providers. Refund will be made to the Member, subject to the terms and conditions of the applicable Product Provider. Under the terms of the Service, refunds will be made to Natural Avenue by the Product Provider and Natural Avenue shall pass on any refund to the payment card of the Premium Member net of the Handling & Delivery Fee.
12) Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and Puerto Rico. All prices displayed on Natural Avenue.com are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Natural Avenue it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Natural Avenue.
All material and information presented by Natural Avenue is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Natural Avenue does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Natural Avenue does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Given the popularity of our products, and except where prohibited by law, Natural Avenue may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
13) Color Information
While Natural Avenue has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
14) Online Purchases and Other Terms and Conditions
Company makes no warranty regarding, and accepts no liability for, any losses or damages whatsoever relating to or in connection with your purchase (or attempted purchase) of a Site Product via any Processor. You are solely responsible for any and all transactions utilizing your Financial Information, including, without limitation, any and all charges to your payment card(s). You acknowledge and agree that, if any Processor experiences a data breach that affects your Financial Information, Company will in no way be responsible or liable to you for such breach. You should maintain thorough records of all your purchase transactions on the Site. If you believe there is any error or unauthorized transaction concerning your Financial Information, you must contact the applicable Processor.
15) Responsibility for Content
Creators are solely responsible for all content that they upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from a Creator unless she/he is a registered user of the Sites.
16) Content Sharing for Brands.
Brands (participating Merchants) registered at Natural Avenue are only eligible to share or distribute any content (text or visual) from Natural Avenue product display pages, created and maintained by Creators, with a provision of a direct link (URL) to that original product display page created and maintained by a Creator. Brands (participating Merchants) registered at Natural Avenue are not eligible to share any content from Natural Avenue (text or visual) without provision of a direct link (URL) to the original product display created and maintained by a Creator.
17) Use of Content on the Sites and Limitation of Liability
Natural Avenue provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Natural Avenue is not liable for any statements, representations, or Content provided by its Creators in any public forum on the Sites or any Third-Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third-Party Site, including through the Interactive Services, is not controlled by Natural Avenue. Natural Avenue cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, Members may be exposed to Content that may be offensive, indecent or objectionable and Natural Avenue shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with the Member of the Site. Under no circumstances will Natural Avenue be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
Member agrees not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. Member may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Natural Avenue reserves all rights not expressly granted in and to the Content. When using the Interactive Services, Member may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
18) Content Submissions by Creators
By submitting Content to Natural Avenue as a Creator:
♦ Understands that she or he is participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
♦ All "moral rights" that Creator may have in such Content have been voluntarily waived by Creator and Creator does not require that any personally identifying information be used in connection with the Content that she or he submitted, or any derivative works of or upgrades or updates thereto;
♦ All Content that Creator posts is accurate;
Creator, represents and warrants that any Content you submit:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party; "does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Natural Avenue does not endorse any Content or any opinion, recommendation or advice expressed therein, and Natural Avenue disclaims all liability with respect to the Content.
If Creator’s Content includes ideas, suggestions, documents or proposals to Natural Avenue through the Interactive Services, (a) such Content is not confidential or proprietary and Natural Avenue has no obligation of confidentiality, express or implied, with respect thereto; (b) Natural Avenue may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Natural Avenue under any circumstances unless you are otherwise notified by Natural Avenue in writing.
19) General Prohibitions
Creator agrees not to do any of the following, either directly or indirectly: Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, services or other intellectual property obtained from or through this Site, without our express written consent. Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the Natural Avenue name, any Natural Avenue trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent. Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers. Attempt to probe, scan, or test the vulnerability of any Natural Avenue system or network or breach any security or authentication measures. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Natural Avenue or any of our providers or any other third party (including another user) to protect the Site, Applications or Content. Attempt to access, monitor, search, copy, download or scrape the Site, Applications, or Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Natural Avenue within the Site or by means of generally available third-party web browsers, without our express written permission. Take any action that is harmful to, inconsistent with or disruptive of the Site or Applications, and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorized automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure. Access or use the Site, Applications, or Content, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any website, program, application, service, device, technology, product, or computer program that competes with, or enables or provides access to, use of, operation of or interoperation with, the Site or Applications. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation. Use any meta tags or other hidden text or metadata utilizing a Natural Avenue or Natural Avenue trademark, logo URL or product name without Natural Avenue’s express written consent. Use the Site, Applications or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Content to send altered, deceptive or false source-identifying information. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Content. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications. Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission. Impersonate or misrepresent your affiliation with any person or entity. Violate any applicable law or regulation. Encourage or enable any other individual to do any of the foregoing. Natural Avenue reserves the right, at any time and without prior notice, to remove or disable access to any Content that Natural Avenue, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
21) Change or Termination
We may, without prior notice, change the Site, Applications or Services, stop providing the Site, Applications or Services, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site, Applications or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SITE, APPLICATIONS, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Natural Avenue EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Natural Avenue MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. Natural Avenue MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
You agree to defend, indemnify, and hold Natural Avenue, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: i. Your access to or use of the Site, Applications, Services or Content, ii. Your violation of these Terms.
24) Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER Natural Avenue NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Natural Avenue HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Natural Avenue’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR CONTENT EXCEED ONE HUNDRED EUROS (€100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Natural Avenue AND YOU BUT SHALL NOT APPLY TO THE EXTENT RESTRICTED BY LAW. The Service is controlled and operated from our facilities in the United States of America. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States of America and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States of America.
25) Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of United States, State of Massachusetts and shall be subject to the exclusive jurisdiction of the US courts.
26) Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
27) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Natural Avenue and you regarding the Site, Applications, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Natural Avenue and you regarding the Site, Applications, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Natural Avenue’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Natural Avenue may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Natural Avenue: i. via email (in each case to the address that you provide) ii. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
30) Infringement Notification
It is Natural Avenue's policy to block access to or remove material that it discovers to be copyrighted material that has been infringed through the Services. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Natural Avenue is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once bona fide infringement notification is received it is Natural Avenue's policy to remove or disable access to the infringing material.
31) General & Update to these Terms
The failure of Natural Avenue to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Natural Avenue. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. We reserve the right to update these Terms at any time as we deem necessary and/or as required by law. Any changes will be immediately posted to the Site and the Applications and you are deemed to have accepted the latest version of the Terms on your first visit to the Site or your first use of the Applications or Services subsequent to any such updates. In the event that there are any material changes to these Terms Natural Avenue will use reasonable endeavors to advise you that changes have been made but it is your responsibility to check regularly for updates. Each version of these Terms will have an effective date from which it applies posted at the commencement of the Terms. Unless stated otherwise, the currently effective version of the Terms applies to your use of the Site, Applications and Services.
32) How to contact Natural Avenue
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at firstname.lastname@example.org . You can also write to us at Customer Services, Natural Avenue, 30 Newbury Street, 3rd Floor Boston, MA 02116
You may occasionally receive promotions from us, via email or through promotional materials. Each promotion is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. Each promotion has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Promotions are valid until they are redeemed or until the expiry date. Only one promotion can be applied per order. A promotion cannot be applied to an order after that order has been placed. Natural Avenue is not liable for delivery of a promotion to an incorrect or non-existent email address. It is the sole responsibility of the registered user to provide a correct email address. Natural Avenue reserves the right at its sole discretion to withdraw a promotion at any time.