- ACCEPTANCE OF TERMS Creo Essence provides its products to you subject to the following Terms and Conditions (“TAC”), which may be updated by us from time to time. Your assent to the TAC and your purchase from Creo Essence constitute your agreement to all such terms, conditions, policies and notices (the “Agreement”).
- DESCRIPTION OF SERVICE
Creo Essence offers products for purchase (the “Products”) and a monthly membership plan (the “Membership”). Unless explicitly stated otherwise, any new features that augment or enhance the current Products or Membership shall be subject to the TAC. Membership is a continual month-to-month service. A monthly price of $40 includes specified product and shipping. The cost will be automatically charged to the member’s designated credit card month until the membership is formally cancelled by either party. The months scent will be shipped each month on anniversary of the original subscription sign up date. Allow 5-7 business days for delivery. Creo Essence cannot be responsible for delays or losses caused by third party shipping companies.
- MODIFICATIONS TO SERVICE
Creo Essence reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products or Membership with or without notice. You agree that Creo Essence shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products or Membership.
- Creo Essence may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms and Conditions page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Creo Essence e-commerce after the notice is posted, you are indicating your acceptance of those changes.
In order to start and maintain your Membership, you will be required to register and create an account. In order to set up an account, you must provide Creo Essence with valid credit card information. By submitting such credit card information, you give Creo Essence permission to charge the subscription fee incurred through your account to the credit card you designate on the Registration Form.
- Once your order for subscription has been accepted, the subscription will continue and renew automatically unless and until it is ended by either party. If payment cannot be charged to your credit card or your payment is returned to Creo Essence for any reason, including chargeback, Creo Essence reserves the right to either suspend or terminate your account and all its obligations under this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on our site), you must promptly change your password and notify Creo Essence of the problem via email to email@example.com.
- REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process, you will provide Creo Essence with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your Creo Essence account. Creo Essence cannot be held responsible for inaccurate information provided or not provided by you.
- MEMBERSHIP CANCELLATION
You must inform us of your decision to cancel your subscription by a clear statement (e.g. a letter sent by mail or email). Creo Essence cancels your subscription upon receipt of such notification from you. You can also log into your account and cancel your subscription online. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation.
- All subscription cancellation notices must be received five business days prior to product ship date in order to take effect for the next immediate renewal.
- CARDHOLDER PRIVACY
A purchase from Creo Essence may be completed with our without creating an account. If a customer creates an account, Creo Essence collects and stores personal identifying information (“PII”) from the customer. PII identifies or describes a person or can be directly linked to a specific individual. Examples of PII include, but are not limited to, a person’s name, mailing address, billing address, telephone number, email address, credit card number, security code and expiration date.
Creo Essence is committed to ensuring our customers’ privacy and security. Specifically: (1) Creo Essence will not provide personal identifying information (“PII”) to any third party without express customer consent; (2) PII from Creo Essence will not be provided to advertisers for their use; and (3) the Creo Essence will maintain a secure environment for customer PII. Creo Essence only provides a customer’s PII to a third party to process credit card transactions. Creo Essence is not responsible for third party use of PII provided to credit card processor.
- Creo Essence requires outside law enforcement and regulatory agencies to obtain a subpoena for Creo Essence records containing PII. Creo Essence customers are responsible for safeguarding personal mobile devices, usernames, passwords, and other authentication information that may be used to access their account. Creo Essence customers should not disclose authentication information to any third party and should notify Creo Essence of any unauthorized use of their usernames, passwords or accounts. In addition, there is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Creo Essence security systems, or by intercepting transmissions of personal information over the Internet. Creo essence is not responsible for any data obtained in an unauthorized manner.
- DISCLAIMER OF WARRANTIES
CREO ESSENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREO ESSENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREO ESSENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT PURCHASE OR MEMBERSHIP. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF CREO ESSENCE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE PURCHASE OR MEMBERSHIP FEE PAID BY YOU.
- DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site (“Online Material”), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Creo Essence. Copying or storing of any Online Material is expressly prohibited without prior written permission from Creo Essence or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site.
- NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of Creo Essence to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid or unenforceable, 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 TAC 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 purchase of products or membership must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold Creo Essence harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
- ENTIRE AGREEMENT
This Agreement and any other terms and conditions on http://www.creoessence.com constitute the entire agreement between you and Creo Essence and govern your product purchases and membership.
- REFUSAL OR DISCONTINUANCE OF MEMBERSHIP
Creo Essence reserves the right to refuse product purchases or discontinue membership to any user for non-compliance with these Terms and Conditions.
- DAMAGED PRODUCT
Creo Essence must be notified of any damages product within 3 days of receiving the product. Items will be replaced when notified within the timeframe specified.