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Terms & Conditions

Last updated: January 16, 2019

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.babobotanicals.com website (the "Service") operated by Babo Botanicals Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.            

Purchases

 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Return Policy

Returns and exchanges are accepted within 30 days of order date. Returned items and return shipping costs are your responsibility until they reach the return address. Please keep a record of your return tracking. A refund will be issued once we receive returned items. Refunds do not include any shipping or handling charges.​

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Data Collection

We may place or recognize a unique Cookie on your browser when you visit our Properties for purposes of serving you targeted advertising (also referred to as “online behavioral advertising”). We also allow third-party companies to place their own Cookies on your browser when you visit our Properties, so that they can collect personally identifiable information about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet.

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information and use that information to provide measurement services and target ads. You can opt-out of the collection and use of information for ad targeting by visiting http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.


Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Babo Botanicals Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Babo Botanicals Inc.


Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Babo Botanicals Inc.
Babo Botanicals Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


You acknowledge and agree that Babo Botanicals Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification

You agree to defend, indemnify and hold harmless Babo Botanicals Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.


Limitation Of Liability
In no event shall Babo Botanicals Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Babo Botanicals Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

The site and the content are provided on an “as is” and “as available” basis without any warranties of any kind. We, together with our affiliates, subsidiaries and the respective officers, directors, employees and agents (collectively, the “Babo Botanicals parties”) disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement, and fitness for particular purpose. None of the Babo Botanicals parties will be liable for any delays or interruptions of the site from whatever cause. None of the Babo Botanicals parties warrants that the site will operate error-free or that the site, the servers, or the content are free of computer viruses or similar contamination or destructive features. If your use of the site or any content results in the need for servicing or replacing equipment or data, none of the Babo Botanicals parties will be responsible for those costs. You agree that you use the site and the content at your own risk.

All user submissions are provided by users and not by us. We have the right, but not the obligation, to remove user submissions. As such, none of the Babo Botanicals parties makes any representations or warranties with respect to, and none of the Babo Botanicals parties will have any liability in connection with, any user submissions.

The products are provided by third party manufacturers and suppliers, and not by us. The products are subject only to any applicable warranties made by the applicable manufacturers or suppliers, if any. None of the Babo Botanicals parties makes, and hereby disclaims, any warranties and representations of any kind regarding the products, either express or implied, including, without limitation the warranties of title, merchantability, non-infringement, and fitness for a particular purpose. None of the eloquii parties will have any liability in connection with any product. The foregoing disclaimers of warranties in this section 12 of the terms of use are not enforceable with respect to visitors of the site from New Jersey, to the extent that such disclaimer is unreasonable.


Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us
If you have any questions about these Terms, please contact us.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

This privacy policy (this "Privacy Policy") applies to your use of the www.babobotanicals.com website (the "Website"), which is owned and operated by BABO ("BABO", "us", "our" or "we"). Your privacy and security are important to us. Please read this Privacy Policy carefully to understand how we will use and protect the personal information you provide us. We will not share your personal information with anyone except as described in this Privacy Policy. We do reserve the right to make changes to this Privacy Policy from time to time, so please check back periodically.

1. WHAT INFORMATION WE COLLECT FROM YOU.
1.1 Personal Information vs. Non Personal Information.
Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Website. In order to do so, the Website collects two types of information about you, Personal Information and Non Personal Information. "Personal Information" refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases via the Website. Examples of Personal Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Personal Information when you use the Website to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like to the Website, or otherwise volunteer information about yourself. "Non Personal Information" refers to information that does not by itself identify you or a specific individual. Examples of Non Personal Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below.

1.2 Access and Change to Personal Information.
Upon written request, BABO will use reasonable efforts to allow users to update or correct Personal Information previously submitted but only to the extent such activities will not compromise privacy or security interests. Also, upon a user's written request, BABO will functionally delete the user and his or her Personal Information from the database where such information is stored; however, it may be impossible to delete a user's entry without some residual information being retained because of the nature in which backups of data are maintained. 1.3 Information You Provide To Us.
You will have the opportunity to provide us with Personal Information and Non Personal Information which we will collect directly from you as follows:

(a) For visitors via email hyperlink. For visitors who provide photographs, stories, testimonials or other feedback about our products or our Website, or provide us any other information via correspondence or otherwise ("Content") directly via an email hyperlink on the Website, we collect your first and last name, email address and any Content included in the email. By submitting Content, you agree that BABO may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in BABO's marketing and advertising materials.

(b) For customers purchasing products. If you make purchases at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, credit card number (or check or money order information if using such payment methods while ordering via mail), order tracking number, referring URL, IP address and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or do not complete an order, we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.

1.4 Information Collected Through Technology.
We or our third party service providers may collect information from visitors to the Website regarding the referring URL, your IP address, which browser you used to come to the Website, information regarding your domain server, the country, state and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Website that you viewed during your visit. Some of this information is gathered through the following technologies: (a) Cookies. In order to improve your user experience we may use cookies. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Website. Our cookies do not generally contain any personally identifying information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Website unavailable to you.

(b) IP Address. You can visit many areas of the Website anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.

(c) Web Beacons. BABO may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

(d) We may place or recognize a unique Cookie on your browser when you visit our Properties for purposes of serving you targeted advertising (also referred to as “online behavioral advertising”). We also allow third-party companies to place their own Cookies on your browser when you visit our Properties, so that they can collect personally identifiable information about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet.

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information and use that information to provide measurement services and target ads. You can opt-out of the collection and use of information for ad targeting by visiting http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.


2. USE AND DISCLOSURE OF PERSONAL INFORMATION.
2.1 Use of Personal Information and Non Personal Information.
We use Personal Information and Non Personal Information in order to fill your orders, to communicate with you about your orders or other requests and to send you informational and promotional materials, including about upcoming BABO promotions and events. In addition, we may use Personal Information and Non Personal Information to learn more about our community and/or customers so we can improve our products, promotions and events. Specific examples of how we may use your information that we collect are as follows:

(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Website in general and about specific portions of our Website and how the traffic on our Website is apportioned and from where it may come, and to gather broad demographic information about our Website visitors and customers, so we can make it easier and more convenient for you to navigate and use the Website, and make our Website more useful and better targeted for you and our community in general.

(b) Personalization. We use Cookies and IP Addresses to provide features such as personalization. We may also use cookies to assist us in delivering content specific to your interests, such as informing you of certain third party offerings.

(c) Notices to Recipients Regarding Orders or other Requests. If you have made a purchase via the Website, we may use your Personal Information to send one or more emails regarding your order, including regarding customer service issues. We may also telephone you regarding fulfillment of your order.

(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Website. We may use your Personal Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Website or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Website by sending an email to us at info@babobotanicals.com and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Website unless you opt back in to receiving such communications directly.

(e) Reproduction of Content. If you submit Content to BABO, you agree that BABO may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in BABO's marketing and advertising materials.

(f) Contact Information: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Website, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Website, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us at info@babobotanicals.com to request the removal of this information from our database, subject to section 1.2.

2.2 Disclosure of Personal Information.
(a) General Rule. Except as otherwise stated in this Privacy Policy, we do not sell, trade or rent your Personal Information collected on the Website to others. BABO may disclose your Personal Information to its related parties. Such related parties may use your Personal Information only to the extent permitted to be used by BABO pursuant to this Privacy Policy. (b) Service Providers. We may disclose your Personal Information to our third party service providers, including companies we retain to manage or host the Website, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. These third parties may not use your Personal Information other than to provide the services requested by us. For example, we will release your credit card number to confirm payment and release your name and mailing address information to the mail or delivery service to deliver and track products that you ordered. With respect to Non Personal Information, we also share website usage information we gather from visitors to the Website who have received a targeted promotional campaign with our third-party advertising service partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners may note some of the pages you visit on the Website through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties. We reserve the right to use or disclose Non Personal Information in any manner.

(c) Links to Other Websites. Our Website may contain links to third party web sites to which we have no affiliation. BABO does not share your Personal Information with those web sites and is not responsible for their privacy practices. BABO suggests you read the privacy policies on those third party web sites.

(d) Enforcement of Law and/or Terms of Use. From time to time, we may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our products or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Moreover, we may use or release account information and Personal Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property and safety of our users, others and ourselves.

(e) Change in Control. We may transfer your Personal Information to a successor in interest to BABO if BABO is acquired by or merged with another organization. In such event, BABO will use reasonable efforts to notify you (either by posting notice on the Website or by email to you at the last known email address) before information about you is transferred and becomes subject to a different privacy policy, provided however, in the event BABO fails to notify you, your Personal Information will still be transferred but subject to this Privacy Policy.

3. OPTING-OUT.
We may from time to time send you email or other communications regarding current promotions, specials and new additions to the Website. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may "opt out" or unsubscribe from our newsletters and non-transactional related emails and disclosures to third parties for promotional purposes by following the unsubscribe instructions in any email you receive from us or by sending an email to Info@babobotanicals.com. Being removed from our email list does not mean that you will automatically be removed from our regular mailing list. If you would like to be removed from our mailing list completely, you will need to contact our office.

4. SAFEGUARDING YOUR PERSONAL INFORMATION.
4.1 Our Security Measures.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although BABO uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that BABO is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

4.2 Protecting Yourself.
You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website have separate privacy policies and data collection practices, independent of BABO, and BABO has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does BABO make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/ . In addition, it is important to keep us updated with your most current contact information. You may ask us in writing via mail or email at Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5. GENERAL
Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5.1 Changes To Our Policy.
This Privacy Policy is effective with respect to any Personal Information collected on or after the effective date set forth below. BABO reserves the right to modify or supplement this Privacy Policy at any time. If we make any changes, we will update the Website and Privacy Policy to include such change and notice thereof. Please review this Privacy Policy often to review any changes that may affect your use of the Website. Your continued use of the Website once the revised Privacy Policy has been posted on the Website affirms your agreement to such changes. Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5.2 Children, Parental Consent Policy.
The Children's Online Privacy Protection Act imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting Personal Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personal Information from any person under 13 because children are not permitted to use the Website or services on the Website, and we request that children under the age of 13 not submit any Personal Information to us via the Website. As one measure to ensure that we do not gather Personal Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personal Information from children under 13, we will attempt to notify such child's parent or guardian and erase such information from our records, unless the child's parent or guardian consents to our maintaining such information. Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes. Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5.3 Contact Us.
If you have any questions about this Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us by sending an email to: Info@babobotanicals.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
info@babobotanicals.com

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