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TERMS AND CONDITIONS – Peachez for Ready Made Garments Trading LLC
Last Updated 02/07/2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ANY SUBSCRIPTION OR PURCHASE
The www.peachezundies.com website is operated by Peachez for Ready Made Garments Trading LLC as Peachez, a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 962269, whose registered address is at P.O. Box 111871, Dubai, United Arab Emirates, and operating in the United States via third party vendor.
Throughout the site, the terms “we”, “us” , “Peachez”, “Peachezundies.com”, “the website”, “the Company”, “Social Media Handles/Channels” and “our” refer to peachezundies.com and Peachez for Readymade Garments Trading LLC. “You”, “user”, “the consumer” and “the customer” refers to the user of the website. By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content, products, styling services and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.peachezundies.com and related domain names). These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Continued use of the Peachez website and/or services indicates your continued acceptance of these Terms.
Peachezundies.com will continue to evaluate the Terms and Conditions against new technologies, business practices, and its users’ needs and reserves the right to change these Terms and Conditions at any time without notice. Please check these Terms and Conditions periodically for updates. You acknowledge that your continued use of the peachezundies.com website and/or services after the posting of any changes to these Terms and Conditions means that you agree to be bound by such changes.
1. INTELLECTUAL PROPERTY RIGHTS
All content on www.peachezundies.com is protected by copyright, trademark, trade dress, trade secret, patent, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) and is the property of Peachez. Such content includes but is not limited to: photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress and all other content and elements contained within the website including the software used to develop it. All rights are reserved, worldwide. You may electronically download or print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with us. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest in such content. Any other use of the website or its content without prior written permission of Peachez is strictly prohibited. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, no Peachez materials or third-party materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any of our content. Any unauthorized attempt to modify any online material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited. The rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in Peachez.net and/or are the property of their respective owners, and are protected by the international trademark and copyright laws. Peachez is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the URL domain name.
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by Peachez in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights.
You agree not to make any use of the content that would infringe the Intellectual Property Rights of Peachez or a third party. You agree to abide by the Terms and Conditions established herein.
2. REGISTRATION, USER ACCOUNTS AND SAFETY
Certain Services and related features, such as but not limited to the Peachez styling match, newsletters, and other features that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are also entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. Peachez shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use. Accurate and complete billing, shipping and contact information are required in order to create a user account. You agree to provide Peachez with accurate, complete, unique, and updated contact information for your Account. Consumers creating a user account on the website on behalf of a company, organization or any other entity expressly represents, warrants and consents to be an authorized representative of that entity. This aforementioned entity and its non-disclosed affiliates are required to adhere to the Terms and Conditions herein.
The utilization of another user’s account without their express consent is forbidden. As a condition of using Peachez’s website or services, you may not select or use Credentials of another person with the intent to impersonate that person, use a name subject to the rights of any other person without written authorization from that individual, and/or use Credentials that we, in our sole discretion, deem inappropriate or offensive.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Peachez strives to provide complete, accurate and up-to-date information on the website. However, we cannot guarantee that all site content is free of human or technological errors. This website may contain typographical mistakes, fragmentary statements and inaccuracies or omissions pertaining to pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies at any time without prior notice, including those corrections made to an order once it has been submitted. Peachez reserves the right to withdraw or amend this website, and any product, service, or material it provides on the website without notice. Although The Company intends to make the website and the services available thereon available at all times, we will not be liable if for any reason, or no reason at all, all or any part of the website is unavailable at any time or for any period of time
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4. Subscription Services
In order to become a client of Peachez and use the Services, you must register on the Website and provide:
• Your name;
• Your email address; and
• Any other registration information requested from time to time.
You must select a password for your account that you should keep private and confidential and not share with any third parties.
During the account creation process we will also ask for additional information about you, including your size, fit and style preferences in order to create your profile and subscription package option. In order to ensure that the Services continue to work best for you, you must keep your Profile up to date. Peachez will incur no liability for the Services in relation to your profile and subscription preferences.
Though Peachez will make reasonable efforts to follow the style preferences you express in your Style Profile, we do not guarantee that every item in your package will meet those preferences.
You must be at least 18 years old to use the Services. Peachez reserves the right to cancel any request for the Services if we in our sole discretion suspect that you or any person requesting to use the Services are under 18 years old.
Peachez also further reserves the right, in our sole discretion, to suspend your account, your use of the Services or the sending of bags at any time at our discretion, as necessary to protect the security or operation of the Services or any other reason whatsoever.
5. REQUESTING AND SCHEDULING A PACKAGE
Once you have registered, you may request Peachez to curate you a bag of underwear per your specifications (the “Products”) that will be sent to you, which will be scheduled through the Services on the Website. You may also request that we automatically send you a package on regular intervals, without having to manually schedule each bag individually.
The products and available Services appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of a request for a package, Product(s) or for Services, we are unable to supply a particular Product or Service, we will inform you as soon as possible and cancel your request.
All requests for products or Services are subject to acceptance. We reserve the right to refuse or cancel any request for any reason, including inaccuracies, or errors in service, product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item requested does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.
6. PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. TERMS OF SERVICE/ELECTRONIC PURCHASING/SUBSCRIPTION AND PAYMENT
Peachez and its website are designed to provide consumers with a quality choice for monthly underwear subscriptions. Once subscribed, the user authorizes us to process a recurring payment based on package chosen and billing cycle without continued consent, or incur a one time charge for packages longer than a one-month rolling subscription. Peachez reserves the right to terminate membership, any current or future use of the website and further use of its services or products for any reason at any time. All sales, including those that have yet to ship are considered final and will not be refunded or exchanged for any reason outside of our cancellation and refund policy.
All purchases made via Peachezundies.com, social networking site, mobile application or mobile device for the sale of goods or services are governed by the Terms and Conditions herein. Peachez offers varying and diverse service options including but not limited to: the purchase of bralettes, men’s underwear subscriptions, pre-selected monthly subscription services and one-off items. Pricing is dependent upon subscription selection and residential location. Pricing is subject to change at any time, without notice. Subscribers may incur additional shipping, handling and serving fees depending on the order value and location where the products are being shipped to.
By using, accessing, or purchasing from this website, and subscribing, you acknowledge that you have read, understood, and agree to these Terms of Service and the Terms and Conditions herein. Furthermore, subscribers using this site agree to pay and deposit the pre-disclosed monthly reoccurring or lump sum payment at time of purchase with or without continued consent. All products and services offered by Peachez reoccur on a monthly basis unless otherwise stipulated by the consumer on the customer portal. Stipulations, adjustments and changes to a consumer subscription must be successsfully accomplished by 11:59PM EST time on the 22nd day day of each month.
Peachez reserves the right to modify or alter these pre-disclosed prices at any time, without reason or consumer notification.
We may add new services for additional fees and charges, or change the fees and charges for existing services at any time per our discretion. The Company accepts all major forms of payment for all products and services including Visa, MasterCard, American Express, Apple Pay. All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment.
The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of your order and on the order date of the original order for every month thereafter. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.
No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized.
The cost of the Products are in your local currency and are exclusive of any applicable taxes or import duties. You are responsible for the payment of state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Peachez may provide certain promotions or credits to customers in its sole discretion. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services.
Peachez includes free domestic shipping on all orders over USD200, with varying shipping charges based on country of order origin. This charge along with other taxes and duties will be added at the time of check out.
Available delivery dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. Any delays resulting from unforeseen circumstances, or matters outside our control, are not subject to a refund.
Peachez will deliver your package or direct purchases to the address specified in your order.
Orders may not be shipped to P.O. boxes, AFO/FPO addresses. Peachez also reserves the right to refuse shipment to a country should this not be feasible with relation to shipping terms. For subscription packages, address changes must be completed BEFORE the 4th of each month by 11:59PM EST. If addresses are not updated in a timely manner as required above, Peachez reserves the right to process an additional forwarding fee as determined by the carrier.
Peachez will process your orders Monday through Saturday excluding Sunday and public holidays.
If no one is available to accept delivery of the order, you will have the option to arrange for an alternative delivery date at an additional cost (if not available for collection at first attempt) or be given additional information about the collection of your order from the courier company.
Peachez is not liable for the delivery of packages once they have departed the designated courier services facilities. Packages labeled “Delivered” to the provided shipping address BEFORE the 4th of the month by 11:59PM EST are eligible for free reshipment or refund if not received. Packages otherwise labeled “delivered” without proper shipping address confirmation are not eligible for refund nor reshipment and become the sole responsibility of the customer to avail themselves to receive the package. Packages cannot be reshipped until they are possessed by Peachez or a related facility. Packages returned to us due to incorrect address by the customer are subject to the aforementioned reshipment/forwarding fee.
The responsibility to provide a correct address lies solely with the Customer and is not the responsibility of The Company. Peachez will disburse packages to the mailing address provided by the customer either through the Website, Email, or Verbal transaction, and is not responsible for the carrier’s ability, lack thereof or availability to provide successful delivery to the provided address.
9. GIFT CARDS
You may purchase Peachezundies.com gift cards through the website, and can be redeemed towards any of our subscription packages. Gift Cards cannot be redeemed for cash except where required by law. For balance information, or to replace the remaining value on a damaged card, contact firstname.lastname@example.org. The Gift Cards require no maintenance or other fees and are valid indefinitely from the time of purchase. Peachez reserves the right to close accounts or request alternative forms of payment if a Peachez Gift Card is fraudulently obtained or used.
The purchase of products or services through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United States of America.
The Website is only available to persons who meet our terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to Peachez, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. The Company reserves the right to restrict multiple quantities of a package, Products or any item being shipped to any one customer or delivery address.
By making an offer to purchase Products(s) or Services, you expressly authorize Peachez to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
12. CANCELLATION AND REFUNDS
Users may cancel their subscription at any time by logging into the customer portal and selecting “Subscriptions,” “Edit” and “Cancel Subscription”. You must cancel your subscription BEFORE the 4th of each month (i.e. the day before your next recurring billing date), by 11:59 p.m. EST in order to avoid being charged. If you cancel your subscription, you will continue to have access to the plan through the end of your current billing period. However, if you modify your subscription to switch from one subscription plan to another subscription plan during your billing period, you may not have continued access to your original subscription plan. Should customers who have subscribed to a package of more than a month choose to cancel during their subscription period can do so, however there will be no refunds on the paid payment plans and recurring billing for future billing cycle shall discontinue.
By using this website, you understand and agree that you shall receive no refunds and no exchanges for any products disbursed by Peachez unless the product is reasonably damaged, expired or otherwise lacking “out-of-the box” quality as determined by The Company. Cancellations completed prior to the shipment of product do not guarantee refund as all sales are final. Peachez does not accommodate specific product or delivery requests.
13. PAYMENT DISPUTES
Disputing a payment requires a written notification to the Company team within thirty (30) days of making the payment in dispute. Failure to notify Peachez via email shall result in the waiver of any claim on or relating to said disputed payment. Payment shall be calculated solely based on records maintained by Peachez. No accounting of any kind shall be accepted by us under the aforementioned Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Peachez provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. We do not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, The Company is not responsible in any way for those costs. Peachez makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website.
Our website is provided on an “as is” and “as available” basis. Peachez makes no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. To the full extent permissible by applicable law, wear that disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, reasonable care and skill or non-infringement. Without limiting the foregoing, wear that disclaims any and all warranties, express or implied, for any merchandise offered on our website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product. This disclaimer constitutes an essential part of these terms and conditions.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Peachezundies.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By use of this website, you acknowledge the sole responsibility and risk for any and all costs associated with the servicing or repairs of any equipment in connection with your use of this website. We make no representations or warranties, either express or implied, with respect to this site, its content and the information and services available on or through it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer as well as lost profits, business interruption or the loss of data/information, even when Peachez is notified in advance of the potential for any such damages.
15. CONSUMER CONTENT
You are responsible for your use of the Website and any other social media handles or online platform pages operated by Peachez, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms and Conditions. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than Peachez (such as other users) (“Other Content”) or obtained by you through the Website/Social Media is at your own risk. Your Content may be moderated and may take up to 48 hours to be displayed but Peachez does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts please contact our Customer Service. The Company reserves the right, in its sole discretion, not to publish or to remove any consumer Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website or our Social Media Accounts. You understand that by using the Website, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Consumer Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Peachez to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by The Company, or other companies, organizations or individuals who partner with Peachez may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Peachez, its users and the public.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website/Social Media Channels.
Furthermore, Peachez is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you. Excluding required information for order placement, any comments, suggestions, questions, photographs, blog posts or other submissions sent or submitted by you to The Company (“Consumer Content”) will be deemed non-confidential and free of any claims of proprietary or personal rights and shall become the property of Peachez upon receipt, including worldwide rights in all intellectual properties.
The failure of Peachez to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose.
17. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Peachez, superseding any prior agreements between you and Peachez with respect to the services.
Violation of any of the above restrictions may result in a termination of your ability to access the Company services. Peachez reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United States of America.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and Peachez and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and us in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Peachez may stop providing the same (or any features within them) to you or to users.
You understand that Peachez grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Peachez reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Peachez may suffer) of any such breach.
If Peachez does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of The Company’s rights.
You and The Company are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English. These Terms and Conditions are governed by the international laws and all disputes arising hereunder are subject to the jurisdiction under United States and worldwide Courts.
20. CONTACT US – CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at email@example.com every day and we will get back to you within 48 business hours.