Jasaly User Terms and Conditions — United States and Canada

Last updated: May 21, 2020

These Jasaly User Terms and Conditions are a legal agreement between Rohi Limited (“Jasaly”, “we” or “us”) and you, the user of Jasaly beverages (“you”). By using Jasaly beverages, you agree to be bound by these terms and conditions.

  1. General.

Jasaly beverages (“Jasaly”) is a specially formulated hibiscus beverage with other ingredients not necessarily stated on the product label. Jasaly beverages may contain ingredients that may be allergic to some consumers. It is therefore the consumers responsibility to read all the ingredients stated on the packaging prior to consuming any Jasaly beverage.

  1. Using Jasaly.

When you check out on the Jasaly website we will store certain identifying information, such as a password, your email address, or your mobile phone number (“Jasaly Credentials”). We never store your Payment Credentials on our servers as we utilize third-party payment processing services to collect your payment of Jasaly beverages. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to our website. We use cookies to link your web browser to your Jasaly Credentials and recognize when you return to a Web Site. If you or we do not recognize you (for example, because you’ve cleared your cookies, logged out, or you forgot your password), we will provide a way for you to identify yourself and login via your Jasaly Credentials (including a link to reset your password).

  1. Jasaly’s Role.

Jasaly is responsible for providing you the beverages that you purchase using Jasaly.com. However, the third-party payment processing company may obtain identifiable information about you to help collect the payment due. This does not change anything else about your relationship with Jasaly.com. You are ultimately responsible for the purchases you make using the third-party payment processor chosen by Jasaly and MUST comply with all their respective Terms and Conditions of Service.

  1. Making Changes.

If you want to delete your Jasaly Credentials, stop storing information using Jasaly, or change your settings, please delete your account information or contact us.

  1. Representations and Warranties.

By using Jasaly beverages you represent and warrant that you are at least 18 years of age and that you will not use Jasaly beverages for any fraudulent, unlawful or abusive purpose.

  1. Disclaimers.

Jasaly.com, including all content, labels, functions, ingredients, and information made available on, provided in connection with or accessible through Jasaly.com, are provided “as is.” To the fullest extent permissible by law, Jasaly, its affiliates, and their agents, merchants or independent contractors (the “Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the beverages or the content, ingredients, information and functions made by Jasaly, or for any breach of security associated with the transmission of sensitive information through Jasaly.com. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the beverages, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities shall not be responsible for any issues, including, but not limited to, web site failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.

  1. Limitations of Liability; Force Majeure.

In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the beverages, or any goods, beverages, or information purchased, received, sold, or paid for by way of the beverages, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms and Conditionsexceed $10 US dollars. Each party acknowledges that the other party has entered into these Terms and Conditionsrelying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

  1. Governing Law.

These Terms and Conditions will be governed by the laws of Georgia, by applicable federal United States laws, and Canadian laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Atlanta, Georgia.

  1. Modification of Terms and Conditions; Notices.

We have the right to change or add to these Terms and Conditionsat any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Jasaly by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing Jasaly user, the changes will come into effect 10 days after we post the changes to our website, and your use of Jasaly more than 10 days after we publish any such changes on our website, constitutes your acceptance of the modified Terms and Conditions. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of Jasaly. You can access a copy of the current terms of these Terms and Conditions on our website at any time. You can find out when these Terms and Conditions were last changed by checking the “Last updated” date at the top of these Terms and Conditions.

  1. Assignment.

You may not assign these Terms and Conditions or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and Conditions and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

  1. Data.

By using Jasaly.com, you agree to the Jasaly Privacy Policy, which is incorporated into and forms part of these Terms and Conditions. You should be aware that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law.

Jasaly has implemented reCAPTCHA on Jasaly. Use of reCAPTCHA is subject to the Google Privacy Policy and Terms and Conditions.

  1. Survival.

Upon termination of your use of Jasaly or termination of these Terms and Conditionsfor any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 13.

  1. Miscellaneous.

Jasaly’s failure to exercise or enforce any right or provision of the Terms and Conditionswill not be considered a waiver of that right or provision. If any provision of these Terms and Conditionsshall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditionsshall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms and Conditions, including Jasaly’s policies governing Jasaly referenced herein, constitutes the entire agreement between you and Jasaly with respect to the use of Jasaly. These Terms and Conditionsare not intended and shall not be construed to create any rights or remedies in any parties other than you and Jasaly, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms and Conditions. These Terms and Conditionsdo not limit any rights that Jasaly may have under trade secret, copyright, patent or other laws.

14. Return/Refund Policy.

Jasaly would like you to be completely satisfied with your purchase. Your happiness is our highest priority. Regrettably, we cannot offer a refund or exchange once the product has been opened and used unless the product is damaged/defective.

Because of the nature of this product, we can accept returns for damaged or defective goods only. These returns must be made within 7 days of your receipt of the product. Please email us at [email protected] for further instructions.