Effective as of August 01, 2019
Clearly Basics Americas LLC (“Clearly Basics”) is a US-based company. Clearly Basics provides a technological platform (the “Platform”) and a range of cosmetics (“Products”). For the Platform, Clearly Basics uses its website at tryclearly.com (the “Website”), a Chatbot named Clara (the “Chatbot”) and other third party-operated services or applications including “Facebook Messenger”, “WhatsApp”, “Salesforce.com”, “Authorize.net”, “Adyen” and “Omise”. Clearly Basics provides general information regarding its Products. Clearly Basics does not provide medical consultations through the Platform. Clearly Basics is not itself a medical or healthcare provider. It is also not an agent of any doctor. The use of the Platform is subject to the terms and conditions (the “Terms”) set out in this Website. The Terms form a binding agreement between you and Clearly Basics and its affiliates (together, “we”, “us”, or “our”). So, by using the Platform, you acknowledge, accept and agree to the Terms and be bound by them. You may use the Platform to browse the Website, register for an account (the “Account”), provide your personal information to us and/or buy and/or use any of the Products we may offer. You are advised to seek independent legal advice on the Terms. If you cannot accept, or do not wish to be bound by, any of the Terms, please do not use the Platform.
2. SERVICES AND PRODUCTS BY THIRD PARTIES
The use of any other third party-operated services or applications and/or the offer of products or services by a third party, whether or not included as part of the Platform, is subject to the terms and conditions of such third party. We have no control over, and are not responsible for, your use of such services and/or purchases. We do not assume any responsibility or liability for the actions, products, or contents of these other third parties. If you cannot accept or do not wish to be bound by these respective terms and conditions, including but not limited to those of Facebook, WhatsApp and Salesforce as provided by each of them for their services and applications, please do not use the Platform.
3. UNDER THE AGE 17
If you are under seventeen (17) years of age, please obtain the written authorization from your parent or legal guardian before using the Platform. We will require such authorization before you use the Platform.
4. YOUR WARRANTIES
In using the Platform in any way, you represent, warrant and undertake to us as follows:
- You have read and understood the Terms and you accept the Terms.
- All information you provide to us is true, accurate, current and complete and will be continually kept so; and
- You understand as follows:
- We are not itself a medical or healthcare provider. We are also not an agent of any Doctor
- Neither we nor the Platform is a substitute for the in-person treatment or advice of your doctor.
- Neither we nor the Platform is for emergencies.
- You are solely responsible for your health and well-being and you should never delay seeking advice from your doctor due to any information provided (or the omission of any such information) by us, the Platform and/or the Products.
- You are always to keep your Account and the password confidential and not share them with anyone.
- You are not to infringe any intellectual property rights of another person when you use the Platform. We reserve all rights and trademarks, trade names, service marks, or logos marks (the “Marks”) as owned by us in the Platform.
- You are to use the Platform in compliance with any local laws and not cause any harm to another person in any manner at any time.
5. FEES AND PAYMENT
Payments of the Fees are to be made through Authorize.net, Adyen, and Omise, our third-party payment processing service. You authorize us to charge you, through these platforms, for the Fees as they become due to us.
6. OPENING A NEW ACCOUNT
If you wish to terminate your Account, you may do so at any time by sending us an email at [email protected] After we have received your email notification, we will process your termination request within 5 working days. We may terminate your Account under these Terms, at any time, for any reason or no reason. After termination, we will retain your records for a period of three years, unless a longer period is required by US law, after which they may be destroyed. The provisions of Sections 4 through 10 of the Terms will survive the expiration or earlier termination of the agreement pursuant to the Terms for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Platform and the Marks will survive the expiration or earlier termination of the agreement pursuant to these Terms for any reason. We reserve the right to change or discontinue the Platform with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Platform.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM AND THE PRODUCTS IS AT YOUR SOLE DISCRETION AND RISK. THE PLATFORM AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET WITH YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE PLATFORM OR YOUR ACCOUNT.
9. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, THE PRODUCTS, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM AND/OR PRODUCTS IS LIMITED TO (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US OR (II) ONE HUNDRED US DOLLARS ( US100.00), WHICHEVER IS THE LOWER.
10. INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Platform, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Platform, (b) your use of the Platform and/or the Products, (c) your violation of any provision of the Terms, (d) your violation of any rights of any other person or entity, or (e) any viruses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Platform. You release us and our officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform or the Products.
11. SEVERABILITY AND CONSTRUCTION
If a court or an arbitral body of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, the remainder of the provisions of the Terms shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in the Terms are for convenience only and shall not affect the meaning or interpretation of the Terms.
In the event of a merger, acquisition, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties rights related to your relationship with us, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to us. Such third parties will assume the rights and obligations of the Terms. The Terms shall be binding upon and inure to the benefit of our successors or assigns. You may not assign your rights under the Terms without our prior written consent, and any attempted assignment will be null and void.
13. ENTIRE AGREEMENT AND AMENDMENTS
From time to time, we may post our additional terms and conditions on the Website or the Platform (the “Additional Terms”), which are hereby incorporated into the Terms. If there is a conflict, the Additional Terms will prevail over the Terms. The current version of the Terms, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and us with respect to the subject matter hereof, and governs your access and use of the Platform, superseding any and all prior or contemporaneous agreements or arrangements between you and us with respect to the subject matter hereof, whether written or oral. We reserve the right to amend, modify, add, delete or update the terms of the Terms and the Additional Terms, at any time as we deem fit. If we change the terms of the Terms, we will post the new Terms on the Website or the Platform and you agree and acknowledge that such postings constitute notice of the new Terms to you. If you object to any changes to the Terms, please do not use or continue to use the Platform. Your continued access to and usage of the Platform signifies your acknowledgment and acceptance of any such changes to the Terms and agreement to be bound thereby.
14. GOVERNING LAW AND DISPUTE RESOLUTION
The validity, interpretation, construction and performance of the Terms will be governed by the laws of the United States, without giving effect to the principles of conflict of laws. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in the United States for any action related to the Terms.
If you have questions or concerns about the Terms, please contact us at [email protected] or mail us at:
Clearly Basics Americas LLC
1500 W. Main Street #542
Carrboro, NC 27510