MAJESTIC PURE TERMS OF USE 

 Last Updated: Match 16 2024

THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE ONLINE WEBSITE, INTERFACES, FEATURES, AND SERVICES LOCATED AT https://majesticpure.com/  (COLLECTIVELY, THE “SERVICES”) OWNED AND OPERATED BY VOLANS EPIC LLC INCLUDING ANY AFFILIATE OR GROUP COMPANY OF MENSA BRAND TECHNOLOGIES PTE. LTD. (COLLECTIVELY, THE “COMPANY,” “WE,” “US,” OR “OUR”). THE TERMS “YOU” OR “YOUR” ARE REFERENCES TO THE PERSON ACCESSING THE SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESING OR USING THE SERVICES. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TERMS MAY BE UPDATED FROM TIME TO TIME.|

1. Scope

These Terms govern your access to and use of the Services. These Terms shall be read in conjunction with the Privacy Policy available at https://majesticpure.com/policies/privacy-policy which is expressly incorporated herein, and may be amended from time to time.

1. Account Security

To purchase products on the Services, you may have to register for an online account with a user ID and/or password (“Account”). Your user ID, password, and any information that you provide in connection with your Account must remain accurate and complete at all times. You hereby grant to the Company the right to monitor, diagnose, communicate with, retrieve information from, and otherwise access your Account for the purpose of providing you with the Services. If any information provided in your Account is or appears to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse all access or use of the Services.

1. Orders

1. You can place an order to purchase products on the Services (“Order”). We may require certain information or verification before accepting your Order. Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

 

1. Product listings on the Services do not amount to an offer by us or a binding contract. The contract for purchase of any such product by you is concluded only when we explicitly confirm acceptance of your Order in writing by email or by display of an acceptance message on the Services.

1. Prices

1. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will itemized in your shopping cart when you place an Order. All prices are in U.S. Dollars.
2. Prices for products and services on the Services are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products or services (or any part or content thereof) without notice at any time.

1. We may occasionally offer promotions on the Services that may affect pricing. These promotions may be governed by additional terms separate from these Terms (“Additional Terms”) which will supersede these Terms in case of a conflict.
   

1. Payments

1. Our third party payment processor accepts credit and debit cards issued by U.S. banks for purchases made on the Services. You will not be charged for your Order until checkout. If there is a problem charging your selected payment method for any purchase, we may ask you for alternative forms of payment. By choosing to make any payments on or through the Services, you agree to all restrictions, terms and conditions associated with such form of payment.

1. We are not a trustee or fiduciary with respect to your payment transactions on the Services. We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

(i)    decline or lack of authorization for any payment transaction/s;

(ii)   exceeding your financial limit as determined by your financial institution(s); or

(iii)  any payment issues or disputes arising out of the payment transaction.

1. Order Cancellations

1. If you cancel an Order after completing payment, but before the Order has been shipped by us, we may levy a cancellation charge. This cancellation charge will be displayed on the Services before you confirm your cancellation.

1. We reserve the right to, in our sole discretion and for any reason, on a case-by-case basis, reject or cancel any Orders even after a confirmation email has been sent with the Order number and details. We will notify you in the event of an Order cancellation and refund the amount you paid for such Order.

1. Returns and Exchanges

1. Product returns are subject to our Return Policy, which is subject to Section 13 (Disclaimer) and Section 15 (Force Majeure) of these Terms. If approved, refunds will be issued upon our receipt of the applicable product. We reserve the right to verify your claims before issuing a refund. Please note that we may decline to issue a refund if we find that the products are not defective, deficient, or spurious, or your claim is inaccurate or false.

1. Product exchanges are subject to our Exchange Policy. [If approved, exchanges will be issued upon our receipt of the applicable product.]

1. Delivery and Title

1. You are responsible for ensuring that the details you have provided for delivery of your Order, including your address and other contact details, are accurate. If the Order details provided are incomplete or inaccurate, it may delay or otherwise affect lead to cancellation of your Order along with a cancellation charge.

1. The expected delivery date will be displayed on the Services before you complete your purchase. We may partner with third-party logistics service providers in order to deliver your purchased products to you. You agree that we may share your contact information, to the extent reasonably necessary, in order for such third-party logistics service providers to deliver your purchased products to you in accordance with our Privacy Policy.

1. All products will remain our property until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of, or encumber any product before full title thereof has passed to you.

1. User Contributions

The Services may contain interactive features that allow you to post product reviews (collectively, “User Contributions”) on or through the Services. User Contributions are not confidential and shall be the sole property of the Company. You also represent and warrant that you will not post fraudulent, malicious, or inaccurate statements or information, and you acknowledge and agree that the Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You understand and agree that User Contributions can be visible to the public on the Services, third-party websites, and search engines, including after being deleted by you, and the Company has no responsibility or liability for such exposure. You also represent and warrant that:

1. You own or control all rights in and to the User Contributions that you post to the Services.
2. All of your User Contributions do and will comply with these Terms.
3. You are responsible for any User Contributions you submit or contribute and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
4. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

1. Your Conduct and Restrictions on Use of the Services

You acknowledge and understand that the Services may display or make available information, data, text, software, music, sound, photographs, graphics, video, or other materials which has been uploaded, posted, emailed, transmitted or otherwise made available by third parties, including User Contributions (collectively, “Content”). All such content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control Content originating from third parties, and as such do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services by you or by any third party.

In addition, you are solely responsible for any Content that you upload, post, email, transmit or otherwise make available via the Services.

You hereby agree that you shall not use the Services to do any of the following:

1. carry out an activity that is unlawful or carry out any activity in a manner that is unlawful;
2. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. harm minors in any way;
4. impersonate any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers to disguise the origin of any Content;
6. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
7. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
9. upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Services or servers or networks connected to the Services or misuse the Services in any manner whatsoever;
11. copy, modify, distribute, lease, sell, or attempt to reverse engineer or extract any part of the Services’ software or source code without our express permission or authorisation under applicable law;
12. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;

1. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Services for any purpose;
2. attempt to probe, scan, or assess the vulnerability of the Services;

1. collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or

1. use the Services for any reason for which the Services are not intended.
   
   

1. Intellectual Property and Proprietary Rights

You agree that the intellectual property rights, including, but not limited to trademarks, patents, copyright and trade secrets pertaining to any part of the Services, products listed on the Services belong exclusively to us, other than content that is owned by third parties. These rights include but are not limited to rights in all trademarks, trade names, service marks, other logos and brand features, product and service names displayed on the Services, as well as all software code, graphical elements and any other proprietary information. You shall not in any manner display, use, copy, reproduce, store, modify, transmit, distribute or otherwise infringe any of our intellectual property without our express permission in writing.

1. Third-Party Links

The Services may display or provide links to other websites or resources (collectively, “Third-Party Links”). You acknowledge and agree that we are not responsible for the availability of such Third-Party Links, and do not represent or endorse, and are not responsible or liable for any content, advertising, products or other materials on or available from such Third-Party Links. You further acknowledge and agree that we 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 Third-Party Links. It is up to you to take precautions to ensure that whatever you select for your use or download from Third-Party Links is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the Third-Party Links, you do so entirely at your own risk. These Terms and the Privacy Policy do not apply to such Third-Party Links.

 

1. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, CONDITION, AVAILABILITY, RELIABILITY, CONTINUITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS ON THE SERVICES WILL BE CORRECTED.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES. IN PARTICULAR, PLEASE NOTE THAT ALL PRODUCTS ON THE SERVICES ARE SUBJECT TO AVAILABILITY AND MINOR DIFFERENCES IN COLOR AND/OR APPEARANCE FROM THE PRODUCT LISTING ON THE SERVICES. NON-AVAILABILITY OF A PRODUCT OR MINOR DIFFERENCES OF COLOR AND/ OR APPEARANCE BETWEEN THE PRODUCT AS LISTED ON THE SERVICES AND AS DELIVERED TO YOU SHALL NOT RENDER US LIABLE IN ANY WAY, EXCEPT AS STATED IN THESE TERMS OR REQUIRED BY LAW.

1. Limitation of Liability and Indemnity

1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY IN ALL EVENTS IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, ARISING OUT OF YOUR USE OF THE SERVICES OR PURCHASES MADE THROUGH THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

1. You will defend, indemnify, and hold harmless the Company and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim is based on your use or misuse of the Services in connection with: (i) an infringement of any patent, trademark, or copyright, including costs and expenses; (ii) any breach of these Terms; (iii) any unlawful, improper or negligent use by anyone of any product or service you purchased under these Terms; (iv) any dispute between you and a third party in connection with the Services; or (v) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
   
   

1. Force Majeure

You agree that the Company shall not be held liable for any unavailability, delay or deficiency of the Services or delivery of products purchased through the Services that results, whether directly or indirectly, from events that could not reasonably have been anticipated or controlled by the Company. Such events include but are not limited to, acts of God, floods, earthquakes, storms, fires, explosions, lightning strikes, power failures, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of government, and orders of any court or authority of competent jurisdiction.

1. Dispute Resolution: Mandatory Binding Individual Arbitration and Class and Collective Action Waiver

Important: This Section 16 limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative ACTION, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

1. In the unlikely event that a disagreement arises between you and the Company, prior to initiating any arbitration or lawsuit, you must first contact the Company at [[email protected]] so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between you and the Company within sixty (60) days of written notice, you and the Company agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services or these Terms (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as the Company and you otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Company, or third party of the Company could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and the Company agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived. This Section 16 shall survive termination of these Terms.

1. CLASS AND COLLECTIVE ACTION WAIVER: You and the Company explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of the Company. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Section 16(b) must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Section 16(b) is held to be unconscionable or unenforceable, then the entirety of this Section 16 shall not apply and the Dispute must be brought exclusively in a state or federal court in Delaware. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.
   
   

Arbitration Procedure:

(i)    As stated above, we require you to first contact us directly to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of the Company consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 16b(i) to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.

(ii)   You are responsible for paying your portion of the fees set forth in the JAMS fee schedule. The Company will pay all remaining JAMS fees. If your claim against us is for less than $1,000, and you succeed on the merits, we will pay all fees. If you believe you cannot afford the JAMS fee, you may apply to JAMS for a fee waiver.

(iii)  WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of Delaware without regard to Delaware choice of law principles, except that the provisions of these Terms concerning arbitration shall be governed by the Federal Arbitration Act.

(iv)  Certain portions of this Section 16 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and we agree that we intend that this Section 16 satisfies the “writing” requirement of the Federal Arbitration Act.

(v)   In the event that JAMS is unavailable or unwilling to hear the Dispute, you and we shall agree to, or a court shall select, another arbitration provider.

(vi)  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST US, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

1. Entire Agreement

These Terms constitute the exclusive and complete agreement between the Company and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence, or other document, including informational forms we complete, sign, or otherwise provide to you for your convenience.

1. Termination

• We may, without prior notice and without any liability, immediately terminate, limit your access to, or suspend your access to the Services for any reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) engagement by you in fraudulent or illegal activities, and/or (vii) non-payment of any fees or other monetary liability owed by you in connection with the Services.
  
  
• You agree that you may not access or use the Services after: (i) your access or use have been terminated by us and (ii) you have not received our express prior written consent for your resumed access or use of the Services. To the fullest extent permitted by applicable law, you further agree that we shall not be liable to you or any third party for any termination of your access or use of the Services. Upon termination, all rights and obligations under these Terms automatically terminate except for rights of action occurring prior to termination, payment obligations, and Sections 1, 9 - 16Error! Reference source not found., and 20 - 21. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES IN RELATION TO YOUR USE OF THE SERVICES.

 

1. Governing Law

These Terms and the relationship between you and the Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Subject to Section 16, you hereby consent and submit to personal jurisdiction in the state and federal courts located in Delaware.

1. Copyrights, Trademarks, and Patents

Use of the Services does not give you the right to frame, use, or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our patents.

1. General Information

• Feedback. If you make any suggestions about the Services or the features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner without any compensation owed to you.
  
  
• Assignment. You may not assign these Terms without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.
  
  
• Severability. The provisions of these Terms are severable. If any provision is deemed unlawful, void, or for any reason held unenforceable, such provision shall be severed and shall not affect the enforceability of the remaining provisions of these Terms.
  
  
• Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
  
  
• Notices. You consent to receive communications from us electronically, including through e‑mails, text messages, in-app push notices, notices and messages posted on the Services or in your Account, and other communications made available to you (subject to your opt-out option) as set forth in the Privacy Policy. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also send you notices at the address provided when registering your Account, which you agree is a proper and valid address for any legal or contractual purpose.
  
  
• Contact. You may contact us at [email protected] with any questions regarding these Terms.