Terms of Service
WOW! Factor Global, LLC, a Colorado limited liability company (dba PINK Jasmine™) owns and operates this website. The terms and conditions set forth in this document govern your relationship with PINK Jasmine™ and your use of the website located at https://www.pinkjasminecbd.com (“Website”). By gaining access and choosing to peruse this website, you accept and agree to these Terms of Service. If you choose not to agree to these Terms of Service, you are advised to discontinue use of this website.
PINK Jasmine™ reserves the right to change and alter these terms without giving prior notice. It is the user’s responsibility to return to this page to review any changes that have been made. By using the services you are agreeing to each of these Terms of Service, all as may be updated by PINK Jasmine™ from time to time. These changes take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms of Services were altered was on the 3rd of September 2019.
Throughout this Agreement, the terms “PINK Jasmine™,” “our,” and “we” refers to the company, as is appropriate and depending on the context in which the term is used. “You” means you, the person who is agreeing to these Terms of Service.
DISCLAIMER OF LIABILITY
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA- approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product.
The Federal Food, Drug, and Cosmetic Act requires this notice. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this Web site.
Access to this Website is permitted on a temporary basis, and PINK Jasmine™ reserves the right to withdraw or amend these services without notice. PINK Jasmine™ will not be liable if for any reason this Website is unavailable at any time or for a period of time. From time to time, PINK Jasmine™ reserves the right to restrict access to some parts or to all of this Website. PINK Jasmine™ will not be liable if for any reason some or any portion of this Website is unavailable at any time or for any period of time.
This site may contain links to other sites on the Internet that are owned and operated by third parties. PINK Jasmine™ has no control over the linked sites and accepts no responsibility for the information given, nor for any loss or damage that may arise from your use of the linked sites. Your use of the linked sites will be subject to the terms of use and service contained within each linked site. You acknowledge that we are not responsible for the operation of or content located on any such site.
The inclusion of the links does not imply any endorsement of any products, information, materials or services offered or provided on third party websites, or any association with their operators. You are solely responsible for evaluating the integrity of the operators of any third party websites; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them. Note that when you follow a link to a third party website you are leaving our website, and we give no guarantee that the website will be available or is free from bugs, defects or viruses. We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organizations listed on, or linked to, the website.
The information displayed on this website is without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://www.pinkjasminecbd.com and its suppliers, content providers and advertisers hereby explicitly exclude all warranties, conditions and other terms which might otherwise be implied by, common law, statute or the law of equity and shall not be liable for any ion damages whatsoever, including but without limitation to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of profits, use, data or other intangibles, damage to reputation or goodwill, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
PRIVACY POLICY
PINK Jasmine™’ privacy policy and cookie policy, describe how PINK Jasmine™ will use your information. By using this Website, you consent to the processing described therein and warrant that all data that you provide is truthful and accurate. Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
SUBSCRIPTION AGREEMENTS
By choosing to purchase a subscription product, you agree to a regular payment (monthly, bi-monthly, every 3 months i.e. whichever option you have selected) and recurring order. You will be billed a recurring subscription based on the order frequency selected at checkout, with a 20% discount to the full price of the product automatically applied. Your order will comprise of the product/s selected at checkout at the time of purchasing your subscription.
We will notify you via email before each recurring order is billed. You may cancel your subscription anytime prior to the next billing cycle, subject to the terms of our cancellation policy.
CANCELLATION POLICY: Recurring subscription orders may be cancelled at any point after the first recurring order has been processed. After this point, you may pause or cancel your subscription within the My Account feature on the PINK Jasmine™ website. You will be unable to pause or cancel your subscription within 48 hours of your next billing date. To make changes to all future orders, submit a cancellation or pause request no later than 48 hours before the next scheduled billing date. You may choose to resume a paused subscription at any time within the My Account feature.
RECURRING PAYMENTS: When purchasing a subscription product, you will be charged the product price for your order on the date on which you select. Each subsequent recurring order will be processed on the same date every one month, two months, or three months depending on your selected subscription frequency. You may update your subscription frequency at any time through the My Account feature. You will be unable to make changes to your subscription, including pausing or cancellation, within 48 hours of your next billing date. You will need to submit a pause or cancellation request after that order has been processed, and no later than 48 hours before the next billing date. If your recurring payment is scheduled on the 29th, 30th, or 31st of a month, your subscription will always be processed on the last calendar day of the next payment month.
PROMOTIONAL DISCOUNTS: The company reserves the right to offer limited promotional discounts to customers. By making a subscription order, a 20% discount to the original full price of the product will be automatically applied to the first order, and all subsequent recurring payments. This discount is automatically applied at checkout. This offer cannot be used in conjunction with other offers or promotions.
PROHIBITIONS
By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and PINK Jasmine™ will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
PINK Jasmine™ will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
MEDICAL DISCLAIMER
The information found on pinkjasminecbd.com is for informational and educational purposes only. As with any health supplement, we recommend that you consult a physician before using any of our products. You should always speak with your physician or other healthcare professional before implementing any treatment for a health condition or prior to using any of our products. If you have, or suspect that you have a medical problem, please contact your health care provider.
Our products are not to be relied upon or perceived in any way as medical advice. The information provided through our website, blog, brochures and advertisements is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a licensed health care professional.
We are not attempting to diagnose, treat, prevent or cure any physical, mental or emotional issues, disease or condition.
To the fullest extent permitted by law, we expressly exclude any liability for any and all direct, indirect or consequential loss or damage incurred by you or others in connection with our products and website materials, including without limitation, liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of savings, loss of data, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, even if predictable. You specifically acknowledge and agree that we are not liable for any offensive, aggressive or illegal conduct of any other product or website material user, including you.
INTELLECTUAL PROPERTY
The intellectual property rights in all software and content made available to you on or through this website remain the property of PINK Jasmine™ or its licensors and are protected by copyright laws. All such rights are reserved by PINK Jasmine™ and its licensors.
You may store, print and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Our website contains content owned exclusively by us, including the text and graphics. Any unauthorized use of our Trademark, Product Design or Copyrighted Content is prohibited. All our content, including but not limited to data, videos, graphics, text and other materials found on the Site are copyrighted unless otherwise noted and are the property of the company and/or a supplier to the Company. None of these materials may be used except as provided in the Terms of Services.
All trade names, images and trademarks contained on this site, including but not limited to the name and trademarks “PINK Jasmine™” and pinkjasminecbd.com” are the property of the Company. Any unauthorized use of this content may violate the Trademark and Copyright rights of the Company.
Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to PINK Jasmine™.
TERMS OF SERVICE
All customers must be at least eighteen (18) years of age and must possess a valid credit or debit card issued by a bank acceptable to PINK Jasmine™. Placement of an order indicates that you warrant and represent (1) that all of the information that you provide to PINK Jasmine™ is true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to purchase the goods ordered.
PINK Jasmine™ does not knowingly sell our products to, nor collect personal information from, children under the age of eighteen (18). If you are under the age of eighteen (18), you may not use this website or order our products. By using our website or purchasing our products, you acknowledge you are over the age of eighteen (18). Any registration by or use of our Products by anyone under age eighteen (18) is unauthorized, unlicensed and in violation of these Terms of Services.
All orders placed on this Website are subject to: (1) product availability; and (b) PINK Jasmine™’ confirmation of the order quantity and price. PINK Jasmine™ retains the right to refuse any orders. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which PINK Jasmine™ will not be responsible.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until PINK Jasmine™ transmits an e-mail of confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.
(b) Pricing and Availability
Errors in product details, descriptions and prices may occur despite efforts to ensure accuracy. If PINK Jasmine™ discovers an error in the price of any goods that you have ordered, then PINK Jasmine™ will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If PINK Jasmine™ is unable to contact you, then PINK Jasmine™ will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a full refund.
Delivery costs are in addition to product prices unless, the order total is above $50, then you will receive free shipping as advertised.
(c) Payment
On receipt of your order Pink Jasmine will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.
(d) Returns and Refunds
All products are sold with a thirty (30) day refund policy. If you are not satisfied with your purchase for any reason within thirty days after your purchase, then PINK Jasmine™ will give you a full refund of your purchase price. Simply send an email to refunds@pinkjasminecbd.com or fill out our contact form.
WHO MAY PURCHASE
You agree to only purchase products for yourself or for another person for whom you are legally permitted to do so or for whom you have acquired the expressed consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products for legitimate, non-commercial purposes only and not for speculative, fraudulent or illegal purposes.
By using any of our Products you are agreeing to these Terms of Service and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Service, please do not use our Products.
INDEMNITY
You agree to indemnify, defend and hold harmless PINK Jasmine™, its officers, shareholders, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site.
SPORTING GOVERNING BODIES
We are not responsible for your use of our products if they are not allowed for use by any amateur or professional sporting governing bodies. You are agreeing to use our products at your own risk if you participate in any organizational activity that bans the use of such products.
WAIVER
Any term or condition of these Terms of Service may be waived by PINK Jasmine™ at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of PINK Jasmine™. No waiver of any term or condition of these Terms of Service will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Service on any future occasion.
INVALIDITY
If any provision of these Terms of Service or the application of these Terms of Service are construed or held to be void, invalid or unenforceable by the order, decree or judgment of a court of competent jurisdiction, then the remaining provisions of this agreement will not be affected thereby but will remain in full force and effect.
FDA DISCLOSURE
The FDA only evaluates foods and drugs, not supplements like our Products. Our Products are not intended to diagnose, prevent, treat, or cure any disease. Representations regarding the efficacy and safety of PINK Jasmine™ Products have not been evaluated by the Food and Drug Administration.
None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at pinkjasminecbd.com do not diagnose, treat, cure or relieve any medical or health conditions.
The Cannabidiol (CBD) PINK Jasmine™ distributes, is a natural component of the industrial hemp plant and grown in the United States of America. PINK Jasmine™ does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA).
CLASS ACTIONS AND ARBITRATION
You, Pink Jasmine, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute, whether through a court of law or Arbitration, shall be exclusively conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. Arbitration’s under this Agreement will take place on an individual basis, and class actions will not be permitted. This agreement will not allow class or collective arbitration, or class actions, even if Arbitration rules would.
You agree that any claim or dispute in connection with use of this Site, use and/or purchase of any of our Products through our website or any information or content stored or viewed on our Site will be resolved by binding Arbitration rather than in court, except for certain small claims actions. By agreeing to Arbitration, you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this Arbitration clause as previously mentioned.
All parties agree that they are waiving their rights to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irreversibly waive any right you have to join claims with those of others in the form of a class action or similar procedure. Any claims relating to your usage of our website or product must be asserted individually.
INFORMATION REQUIRED
We may request certain information from you in order to process your purchase, including your name, address, telephone number, e-mail address, credit card information, and information about your health goals or other information as required. Your information will only be subject to disclosure as stated in our Privacy Policy Section. As part of using our service, you must be at least eighteen years old.
LIMITATIONS AND LIABILITY
In the event of any problem with our website or any of its content, you agree that your sole remedy is to cease using our website.
OMISSIONS AND ERRORS
PINK Jasmine™ makes no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information provided on our Website. Every effort has been made to present the most accurate, up-to-date information, however due to the nature of scientific research is constantly developing, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
The information and software used throughout the Site may include inaccuracies or typographical errors. PINK Jasmine™ and its suppliers make no representations about the reliability or accuracy of information, products and related graphics contained on the Site. All such reliability or accuracy of information, products and related graphics are provided “as-is” with no guarantee or condition.
YOUR PINK JASMINE ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your customer account and password and for restricting access to your computer. You are responsible for all activities that occur under your customer account or customer password.
When you register with the company and/or site, you consent to receive announcements, notices, disclosures, reports and communications concerning products or other correspondence from the company.
ONLINE PURCHASING
If paying by credit card, debit card or PayPal, or any other agreed upon electronic method, you give us permission to automatically charge your credit card, debit card or PayPal, or any other agreed upon electronic method as payment for your Product without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal or other invoice instead, you are required to manually pay it by the due date on the invoice or your product will be put on hold until payment is made.
In the event payment is not received by the due date, your product order will not continue and we reserve the right to terminate your access immediately and permanently.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PINK Jasmine™.
