Last Updated: March, 2022
The Website operates under the name of “EMIRIUM”, and consists of an online platform selling a unique cosmetic product, crafted by a unique formula to help customers look their best including the cream for daily use (the Cream, and together with the remaining products, the Products).
3. Use of the Website.
(a) You will not use Our Website and Products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
(c) You will not reproduce, duplicate, copy, sell, resell or exploit any portion, use or access to the Website or any contact on the Website, without Our prior express written permission.
4. Prohibited Uses.
5. Transfer of Data.
You understand that your Personal Data (excluding credit card information), may be transferred un-encrypted and involve (i) transmissions over various networks, and, (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. EMIRIUM, including any holding company, group company and subsidiary (Group Company), or service providers may transfer information that We collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
6. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
7. Correct Errors.
In the event any error occurred when entering your Personal Data during any use and/or purchase through the Website, you can modify such error by contacting Our customer service via firstname.lastname@example.org.
Products are available exclusively in the territory of the United Arab Emirates.
We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations, or that any defect in the Products will be rectified.
9. Availability of Products.
All Products on the Website and/or any Site are subject to availability. In the event any difficulties occurred during the supply of the Products or there are no more items left in stock, We reserve the right to provide you with information on substitute Products of the same or higher quality and value that you may order. EMIRIUM reserves the right to change the packaging, ingredients or any label of the Products at its sole discretion and without prior notice. If you do not wish to order the substitute Products, We will reimburse any amount that you may have paid.
10. Refusal to Process an Order.
We reserve the right to refuse any order made through the Website and/or any Site at any time for any reason. Although We will always do Our best to process all orders, there may be exceptional circumstances that force us to refuse to process an order.
11. Accuracy of Billing and Account Information.
We reserve the right to refuse any order you place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through Our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.
Notwithstanding Clause 9 above regarding the Products’ availability and except for extraordinary circumstances or force majeure events, We will endeavor to send the order within a period of one to three business days in case the order was agreed to be delivered inside the United Arab Emirates territories, and within a reasonable period of time in case the order was agreed to be delivered outside the United Arab Emirates territories. And in any case within a maximum period of 30 days from the date of the order was placed. There may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone complications. If for any reason We are unable to comply with the delivery date, We will inform you of that situation and We will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. For the purpose of this Agreement, the order shall be understood as delivered as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
13. Refund Policy
We apologize for any inconvenience, but we don't provide refunds on any fees or charges for subscriptions; including partially used periods and bank/merchant fees.If you believe your situation warrants an exception, you can submit a refund request to the following email: email@example.com. EMIRIUM has the right to accept or reject your refund request at its sole discretion.
14. Inability to Deliver.
If it is impossible for Us to deliver your order on the agreed date of delivery and at the agreed place of delivery, We will arrange for storage of the Products at Our risk and expenses. We will also contact you explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, We ask you to contact Us through the following email firstname.lastname@example.org or contact number [UAE PHONE NUMBER] to organize delivery on another day. If after 1-3 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to Us, We shall assume that you wish to cancel your order and it will be cancelled. As a result, We will reimburse to you all payments received from you, (except for delivery charges and any additional charges resulting from your order cancellation) within 5-7 business days of the date on which the order has been cancelled.
In the event that you do not collect the Products at the agreed date of delivery, you will be liable for any costs arising from such delay, including the costs relating to storage, insurance and handling of the Products. We are entitled to resell the Products ordered by you in the event that you do not collect the Products within 4 days of the delivery date.
15. Payment and Billing Information.
15.1. Payment. The Products are priced as shown on the Website (Fees) including but not limited to transaction fees, payment processing fees, and other special Products fees. The prices on the Website exclude taxes and delivery charges, which are added to the total price when submitting the order. You agree to pay when due all Fees applicable to your use of the Website and/or purchase our Products. You agree that you are responsible for the full amount of applicable Fees for each billing cycle in which you use the Website and/or purchase Products. EMIRIUM reserves the right to cancel your order if you have any overdue Fees subject to these Terms; EMIRIUM may choose to temporarily change the Products fees for promotional events, or introduce new Products; such changes are effective when We post the temporary promotional event or new Products on the Website. You authorize Us to use the credit or debit card you have provided to Us (as updated from time to time), or the bank account associated with your account (each a Billing Account), to automatically charge you in Dollars or any other currency for the Fees applicable to your account or your purchase of Our Products and use of the Website. If EMIRIUM is unable to charge the Billing Account for any reason, you agree to pay all past due Fees and taxes within 5 business days of notice of non-payment. EMIRIUM will be entitled to reimbursement for the reasonable costs of collection, including reasonable attorneys’ fees and expenses.
15.2. Price and Taxes. The Products purchased on the Website are subject to VAT or any other taxes as applied in the United Arab Emirates. Prices may change at any time. However, except as stipulated above, the changes shall not affect the confirmed orders. The price of the Products is as stipulated at all times on the Website, except in the case of an obvious error. Although We make every effort to ensure that the prices featured on the Website are correct and accurate, an error may occur. If We discover an error in the price of any of the Products that you have requested, We will inform you as soon as possible and give you the option of confirming your request at the correct price or cancelling it. If We are unable to contact you, the request will be considered cancelled and all amounts paid will be reimbursed to you in full. We are not obliged to provide you with any of the paid Products at the incorrect lower price even if the request is confirmed, if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. EMIRIUM reserves the right to change the prices at any time. However, except as stipulated above, the changes will not affect the confirmed requests.
15.3. Payment Gateway. You may have access to some features that interact with Postpay.io or Stripe (or any other similar payment gateway) (Payment Gateway). These features are built on the Payment Gateway’s API, and currently include links to prepopulate some payment information (email address, amounts, notes fields). You agree and guarantee that: (a) you will not use the Payment Gateway for money-laundering, and you will report any suspicious activity or parties knowingly engaged in money-laundering, (b) that your use complies with all laws and regulations in your jurisdiction and (c) that all usage is in compliance with the Payment Gateway’s terms and policies.
15.4. Use of Credit Card Use. To minimize the risk of non-authorized access, your credit card details will be encrypted. Once We receive your request, We request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We shall not be liable for any delay or failure to deliver the Products and We will be unable to conclude any contract with you.
15.5. Updating your Account. You agree to provide current, complete and accurate purchase and account information for all purchases made on Our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.
16. Optional Tools.
We may provide you with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
17. Third-Party Links.
Certain content, products and services available via Our Website may include materials from third-parties. Third-party links on the Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
18. User Comments, Feedback and other Submissions.
If, at Our request, you send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the Products or any related to the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
19. Personal Data.
20. Errors, Inaccuracies and Omissions.
There may be information on the Website or in the Products that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Products or on the Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Products or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products or on the Website, should be taken to indicate that all information on the Products or on the Website has been modified or updated.
21. Intellectual Property.
This Website contains material which is owned by or licensed to EMIRIUM. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. Though this Website you may have access to purchase the Products. EMIRIUM authorizes you to purchase the Products solely for your personal, noncommercial use. This license to use the Website and its material including the Products is not a sale of any of the owner’s rights. The Website may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Website or any data residing on it or any of your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the Website to any electronic network for use by more than one user unless you obtain prior written permission from EMIRIUM. Except as otherwise expressly provided, you shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivate works from any content contained in the Website. The use of the Website’s content on any other Website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that EMIRIUM creates to generate its pages. You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. EMIRIUM does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
You acknowledge and agree that EMIRIUM is the owner of all rights, title and interest, including the Intellectual Property Rights (as defined below), to the Products and the Website. You hereby warrant that no information submitted to EMIRIUM by you, including any customizations requested on products, shall violate any Intellectual Property Right of any third party. For the purpose of the Agreements, Intellectual Property Rights shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated).
EMIRIUM and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website or used by EMIRIUM, in addition to other marks not listed herein, are registered service marks. You may not use any of EMIRIUM’s trademarks for any purpose without the express written permission of EMIRIUM. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website may be owned by a third-party. The use on the Website of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of products or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Website or Products provided by EMIRIUM by any such third party, or the participation by such third parties in the offering of products or services through the Website. EMIRIUM respects the Intellectual Property Rights of others. You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the Products (or the Website generally), whether physically, in compiled machine language, or in the Source Code or (b) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of EMIRIUM (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of EMIRIUM shall be voidable at EMIRIUM’s sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement. You agree to indemnify and hold Us harmless for all liability, fees, and costs resulting from any third party's claim that information you submitted to Us or customizations requested on products violate their Intellectual Property Rights.
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide EMIRIUM designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
EMIRIUM DMCA designated copyright agent for notice of claims of copyright infringement on this Website is EMIRIUM LLC, who can be reached as follows:
EMIRIUM LABS: A-0024-351 - Flamingo Villas, Ajman
23. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
24. Warranty Disclaimer.
Your access to the Website and/or your use of the Products is at your sole risk. You acknowledge that We may use third party suppliers to hardware, software, connectivity and all business requirements to get you the Products. The acts and omissions of those third party suppliers may be outside of our control and you can’t hold Us liable for any loss or damage suffered as a result of any act or omission of any third party.
We do not warrant that: (i) the Products will meet your specific requirements; (ii) your access to the Website will be uninterrupted, timely, secure, or error-free; (iii) the quality of any Products, services, information, or other material purchased or obtained by you through the Website will meet your expectations; or (iv) any errors in the Website will be corrected.
The products displayed on the Sites can be ordered and delivered only within the U.S. and through U.S. Military APO locations. EMIRIUM Products displayed on the Sites may be available in select EMIRIUM retail stores in the U.S. and certain foreign markets. All prices displayed on the Sites 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 EMIRIUM 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 EMIRIUM.
All material and information presented by EMIRIUM 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 (FDA) 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. EMIRIUM 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. EMIRIUM 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.
The products displayed on the Sites can be ordered and delivered only within the U.A.E. All material and information presented by EMIRIUM is intended to be used for personal educational or informational purposes only. The statements made about products have been evaluated by Montaji. Dubai Municipality launched the Montaji (Arabic for ‘my product’) portal to keep consumers safe from buying fake or counterfeit products and services. The web portal, which also has its own widely-used mobile app, tells the consumers if the products they’re buying are genuine and safe for consumption. The portal tells users whether or not a product is approved by the Dubai Municipality. This integrated system efficiently records and manages consumer goods in Dubai, and automates the process for improved efficacy and tracking for both consumer and Dubai Municipality staff and management.
Once your product or service is registered with the Dubai Municipality, it’s listed on the Montaji portal that’s accesses thousands of times in a day by consumers, both via the web portal and the mobile app. So, it makes getting your products and services registered with the Dubai Municipality all the more important.
EMIRIUM 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. EMIRIUM does not represent itself as a physician nor is this implied.
26. Limitation of Liability
You waive and shall not assert any claims or allegations of any nature whatsoever against EMIRIUM, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers, vendors or other partners, licensors, service providers, any of their successors or assigns, or any of their respective officers, directors, agents, employees or intern arising out of or in any way relating to your access to the Website or the purchase of the Products, including, without limitation, any claims or allegations related to infringement of proprietary rights, or allegations that any of the mentioned above parties (Related Parties) has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of any third party products or the Website. Without limiting the foregoing, neither EMIRIUM nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of access to or use of data or loss of goodwill, whether in an action in contract, for negligence, or otherwise, arising out of or in any way connected to the access to the Website and the use of or inability to use any or all of the Products, including without limitation any damages caused by or resulting from your reliance on the Website or other information obtained from or accessible via EMIRIUM or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, force majeure, communications failure, theft, destruction or unauthorized access to EMIRIUM or any other Related Parties’ records, programs or services. We cannot be held liable, under any circumstances, in any case does not bear the responsibility or accountability for any claims related to compliance with Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS).
27. Mobile Services
If you access the Sites via your mobile phone (through a smartphone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
You agree to indemnify, defend and hold harmless EMIRIUM and its Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms, as amended, will be effective commencing with your first use of the Website and will remain in full force and effect throughout your use of the Website and/or its Products.
31. Entire Agreement
The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms and any policies or operating rules posted by Us on the Website constitutes the entire agreement and understanding between you and Us and govern your access to the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
32. Terms Modification
33. Governing Law and Jurisdictions
33.2. Dispute Resolution. If either Party has any issues, concerns or complaints about the Collaboration, or any matter related to these Terms, that party will notify the other Party in a maximum period of 7 business days (the Dispute Notice) and the parties will then seek to resolve the issue by a process of consultation. Such process will do everything possible to settle amicably any dispute, controversy, or claim arising between the two Parties. The attempt to bring about an amicable settlement will be considered to have failed if not resolved within sixty (60) business days from the date of the Dispute Notice.
In the event of failure of amicable resolution by means of consultation pursuant to clause 32.2 above within 14-21 business days of the commencement of the mediation, or such further period as the Parties will agree in writing, the dispute will be submitted to the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer. The language of the arbitration will be English.
The arbitrator will determine the matters in dispute in accordance with laws of the state of Delaware.
34. Acknowledgment and Acceptance:
By signing this agreement, you agree to and acknowledge all the clauses mentioned above.
35. Contact Information.
Your comments and suggestions related to these Terms or to any of Our Products are always welcome. You may contact Us through the following email email@example.com.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that EMIRIUM Labs and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
- Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dubai, Dubai before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which EMIRIUM Labs’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.