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Terms and Conditions
Welcome to Parfumaire, Inc. Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our online interfaces (e.g., websites and mobile applications (our “Apps”)) owned and controlled by us, including www.shop.parfumaire.com (collectively referred to herein as the “Site”) and through the purchase and use of our products available on our Site (the “Products”). To make these Terms easier to read, the Site, the Products and the App are collectively called the “Services”. By using our Services, you agree to be bound by these Terms. Please read the Terms carefully as they affect your legal rights. If you don’t agree to be bound by these Terms, do not use any of our Services.
Scope; Third Party Sites. This Privacy Policy applies only to information we collect at and through the Services. Our Site also contains links to third party sites that are not owned or controlled by us, including sites operated by third-party distributors that sell our products (such as http://molekule.jp/). Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.
Information for Residents of California. If you are a California resident, please click here for a supplemental California Privacy Notice containing additional information about the processing of your personal information and the rights granted to you by California law.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services or if you purchase our Products after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services or purchase any Products anymore. Because our Products are still being developed and our Services are evolving over time, we may change or discontinue all or any part of the Services (including our Products), at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST ACCESS THE SERVICES BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MOLEKULE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Account Registration
You may order Products and use the Services only if you are 18 years or older and capable of forming a binding contract with Parfumaire and are not barred from using the Services under applicable law. If you want to purchase the Products and use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you are responsible for updating such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether conducted by you or by someone else with access to your Account. Note that in order to manage your filter auto refills online, you’ll need to use the same email address you used to purchase your Parfumaire device. By registering for or creating an account, you are agreeing to receive marketing emails from us.You can opt-out from receiving future marketing emails from us by using the unsubscribe link found at the bottom of the email.
Online Orders
You can purchase our Products via our Site. We use Stripe, a third party vendor, to process your payment. When you click "Checkout”, your payment information will be handled by Stripe, which operates under a separate terms and conditions and privacy policy with respect to your online payment transaction. We reserve the right to change payment processors from time to time.
Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will be charged at the time of your order unless we notify you otherwise. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in our Products or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will be charged at the time of your order unless we notify you otherwise. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in our Products or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Delivery of Products
We will use reasonable commercial efforts to deliver the Products within the timelines estimated in the Order form. You understand that all scheduled shipment dates and estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Title and risk of loss for Products purchased from our Services pass to the purchaser upon our delivery of the Products to the carrier.
In case of any unforeseen delay, Molekule will keep you updated and communicate progress using the email address associated with your Account. In the event of inconvenience due to any unforeseen delay in the timeline.
Ownership of the Services
All contents of the Services, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Services are collectively referred to as “Content”. The Services and Content, and all associated intellectual property rights are the sole and exclusive property of Parfumaire and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Parfumaire. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in App Granted by Parfumaire
Subject to your compliance with these Terms, Parfumaire grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The foregoing license grant is not a sale of the Apps or any copy thereof, and Parfumaire or its third-party partners or suppliers retain all right, title, and interest in the Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in the Terms, is void. Parfumaire reserves all rights in and to the App not expressly granted to you under these Terms.
Rights in Content Granted by Molekule
Subject to your compliance with these Terms, Parfumaire grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content to the extent made available for such purpose(s) solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions
You agree not to do any of the following:
- Use, display, mirror or frame the Services or any individual element within the Services, Molekule’s name, any Molekule trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Molekule’s prior express written consent;
- Access, tamper with, or use non-public areas of the Services, Molekule’s computer systems, or the technical delivery systems of Molekule’s providers;
- Attempt to probe, scan or test the vulnerability of any Molekule system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Molekule or any of Molekule’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Molekule or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Molekule trademark, logo URL or product name without Molekule’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Violate any applicable law, rule or regulation; or
- Encourage or enable any other individual, organization or entity to do any of the foregoing.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.