Effective Date: 28 Mar 2021
BY VISITING THIS WEBSITE AND/OR PLACING AN ORDER THROUGH THIS WEBSITE, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PLACE AN ORDER FROM THIS SITE. THESE TERMS GOVERN AND APPLY TO YOUR ACCESS TO AND USE OF THIS WEB SITE AND ITS RELATED DOMAINS ON WHICH THIS DOCUMENT APPEARS, ANY ORDER YOU PLACE THROUGH THIS WEBSITE AND WEBSITES ON WHICH THE DOCUMENTS APPEARS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS.
This website is operated by Jinjer. Throughout the website, the terms “we”, “us” and “our” refer to Jinjer. Jinjer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The product statements on this website have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure, or prevent any disease.
The information on the website is intended solely as a general informational purpose only. It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
Ownership and Protection of Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Jinjer, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit the use of the website and order Product for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except to store copies of such materials in RAM incidental to your accessing and viewing those materials or store files that are automatically cached by your Web browser for display enhancement purposes.
The company and any product names, such as Jinjer, and all related names, logos, products and service names, design and slogans are trademarks of Jinjer or its affiliates or licensors. You must not use such marks without the prior written permission of Jinjer. All other names, logos, product and services names, designs and slogans on this website are the trademarks of their respective owners.
Disclaimer of Liability
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.
You agree to defend, indemnify and hold harmless Jinjer, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Product, including, but not limited to any use of the web site's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the website.
You agree that Jinjer is not liable for any liability you incur as a result of using the Content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL JINJER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY USE OF OR COPY OF ANY CONTENT OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In order to use certain features of the website and make purchases on the website, you are required to register an account. It is your responsibility to maintain the confidentiality of your account login information. By registering an account on this website, you agree to provide only truthful and accurate information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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. If you violate these Terms, we may terminate your account without prior notice.
Price and Order
Prices are subject to change without prior notice and all orders are subject to the Jinjer's acceptance at its sole discretion and stock availability. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Jinjer reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
We can cancel the order (and, if applicable, refund the relevant payment to original payment platform), without any compensation under the following circumstances:i) Information of the product on this website is obviously erroneous or the product is out of stock
ii) Pricing errors
iii) Website technical problemsiv) The order information is obviously erroneous or the order quantity exceeds the stock
v) Due to force majeure, transportation delay, system failure or third-party attacks of the website, and other circumstances beyond the control of the Company, the Company finds it necessary to cancel the order
vi) The customer fails to complete payment within the specified time
vii) We find that you used robots, scripts, plug-in software or other technologies to hack our network to purchase products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of products. We reserve all rights to take necessary legal actions to protect our rights and interests.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or order.
The laws of the State of New York, without regard to its conflict of law principles, will govern these Terms.
Terms of Sale
The products and services available on the website or any sample we may provide are only for personal use. You may not sell or resell any of the products, services or samples you buy or receive from us. Jinjer reserves the right to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms. We reserve the right to cancel any order placed online for any reason.
Additional Terms and Conditions may apply to purchases of goods or services and to portions or features of the Website, all of which terms are made a part of these Terms by this reference.
You and Jinjer agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us relating to our website, the services provided through our website, any transaction or relationship between us resulting from your use of our website, communications between us, or the purchase, order, or use of Jinjer services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and Jinjer further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute.
YOU MAY OBTAIN COPIES OF THE AAA RULES AND FORMS AND INSTRUCTIONS FOR INITIATING ARBITRATION BY VISITING THE AAA WEBSITE AT WWW.ADR.ORG, OR BY CALLING AAA AT (800) 788-7879.
If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, Jinjer will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Jinjer in writing and provided a copy of the arbitration proceedings. However, if Jinjer is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Jinjer, including the filing fee.
Class Action Waiver
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Jinjer and may not preside over any kind of representative or class proceeding against Jinjer. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST JINJER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND, NOT USE THE PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE ASSERTED IN AN ARBITRATION PURSUANT TO THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms make up the entire agreement between us and you relating to this website and the products or services offered herein and replace any prior understandings or agreements (whether oral or written) regarding the website the products or services. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
Waiver and Severability
No waiver of by Jinjer of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jinjer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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.
Change to Services
You agree that Jinjer may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services or any part thereof, and any materials, temporarily or permanently, without notice or liability to you.
Changes to Terms
Jinjer may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. If we make changes to the Terms we will post the revised Terms and the revised effective date on the Services.
For any questions about the Terms, please contact us at below contact information.
Address: 1777 Abram Ct #1871, San Leandro CA 94577