Terms of service
Agreement between user and www.hiraskin.com
Welcome to www.hiraskin.com
The www.hiraskin.com website (the “Site”) is comprised of various web pages operated by
HIRASKIN, Inc.(“HIRASKIN”). www.hiraskin.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of Site constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
The Site is an E-commerce website that sells skin care products.
PRIVACY
Your use of the Site is subject to HIRASKIN’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to HIRASKIN constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. You may not assign
or otherwise transfer your account to any other person or entity. You acknowledge that
HIRASKIN is not responsible for third party access to your account that results from theft or
misappropriation of your account. HIRASKIN and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our sole discretion.
HIRASKIN does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use Site only with permission
of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the
control of HIRASKIN and HIRASKIN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. HIRASKIN is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by HIRASKIN of the site or any association
with its operators.
Certain services made available via the Site are delivered by third party sites and
organizations. By using any product, service or functionality originating from the Site
domain, you hereby acknowledge and consent that HIRASKIN may share such information
and data with any third party with whom HIRASKIN has a contractual relationship to provide
the requested product, service or functionality on behalf of Site users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Site strictly in accordance with these terms of use. As a condition of your use of the Site, you
warrant to HIRASKIN that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment
of the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of HIRASKIN or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. HIRASKIN content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected
content solely for your personal use, and will make no other use of the content without the
express written permission of HIRASKIN and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of HIRASKIN or our licensors except as
expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
“Communication Services”), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents; upload files that contain
viruses, corrupted files, or any other similar software or programs that may damage the
operation of another’s computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file
posted by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or inhibit any other user
from using and enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
HIRASKIN has no obligation to monitor the Communication Services. However, HIRASKIN
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. HIRASKIN reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
HIRASKIN reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in HIRASKIN’s sole
discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. HIRASKIN does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
HIRASKIN specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized HIRASKIN spokespersons, and their views do not necessarily
reflect those of HIRASKIN.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such limitations
if you upload the materials.
MATERIALS PROVIDED TO THE SITE OR POSTED ON ANY HIRASKIN WEB
PAGE
HIRASKIN does not claim ownership of the materials you provide to the Site (including
feedback and suggestions) or post, upload, input or submit to any HIRASKIN Site or our
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting HIRASKIN, our affiliated
companies and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
HIRASKIN is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in HIRASKIN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
INTERNATIONAL USERS
The Service is controlled, operated and administered by HIRASKIN from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the HIRASKIN Content
accessed through the Site in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless HIRASKIN, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site
or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. HIRASKIN reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with HIRASKIN in asserting any available defenses.
HOW TO PLACE AN ORDER
To place an order, you must first access the Site. You will be able to view the various
Products that are offered for sale on the date you browse the Site and select your Products by
browsing the various Product categories.
While you browse the Site, you can select the Products and add them to the shopping cart by
clicking on the button dedicated for this purpose. For each selected Product, you will be able
to see its Price.
You, at any time, can continue browsing or click on your shopping cart to see the contents of
the cart with all the items you have selected.
You will be able to complement, modify or cancel said order, until you finally confirm it.
When you have finished selecting the Products, you can place the order by clicking on the
button provided for this purpose.
A new page will be displayed, prompting you to:
(i). - Registered User: enter your username (email address) and password if you are already
registered on the Site; or
(ii). - Non-Registered User: accurately fill out a personal data collection form by entering the
information in the required fields, including, but not limited to, your name, surname, email
address, telephone, and postal billing / delivery address.
You must complete the form provided in good faith, so you acknowledge that the data
disclosed is correct and will constitute valid evidence of your identity. Your personal data will
be treated in compliance with the laws of the United States of America at all times, for more
information we invite you to visit our Privacy Policy.
Before clicking the designated button to access payment for your order, you must first read
these Terms of Use and the Privacy Policy. You must then confirm that you accept them by
completing an express acceptance confirmation action required on the Site (eg by checking a
box).
The amount to be paid will be that indicated in the order confirmation displayed on the Site
and then sent by email.
The order will not be approved unless you (i) accept the Terms of Use and the Privacy Policy;
(ii) the validity of the payment is verified and confirmed; and (iii) the order acceptance
confirmation has been sent to the indicated email. In any case, we reserve the right to reject
any order or delivery in the event that (i) these Terms of Use are breached; (ii) We know of
any existing dispute with you, (iii) We know of any total or partial non-payment of any order;
and/or (iv) a card payment authorization is denied by the banking entities.
After accepting these Terms of Use, a page dedicated to the payment of the order will open.
Each and every order will be required to be paid, which means that placing an order requires
you to make payment.
If you select card payment, you will automatically connect to the Pay anywhere electronic
money server. The payment service provider's server will be protected by a Secure Socket
Layer (SLL) encryption process designed to protect as efficiently as possible all data related
to payment methods and guarantee that your bank details do not cross our systems at any
time, so at no time will we be responsible for the information transmitted for the purposes of
processing the payments of any order.
Computerized records or other recorded data will constitute valid evidence of all transactions
carried out.
After making the payment you will receive an email acknowledging receipt of your order.
Likewise, we will inform you by email that the product is being shipped.
ORDERS AND PAYMENT
While it is our practice to confirm orders by email, receipt of an order confirmation by email
does not constitute acceptance by us of an order or confirmation of an offer to sell a product.
We reserve the right, without prior notice, to limit the quantity of products and/or to deny
services to any customer. We may also require verification of information prior to acceptance
and/or shipment of any order.
Prices may change at any time, but possible changes will not affect orders for which we have
already sent you an Order Confirmation.
To make the purchase, you can make your payment through PayPal, Apple Pay, Visa,
MasterCard or American Express cards. When the chosen form of payment is by card, you
must enter the card number, its expiration date, the name of the cardholder and the security
code.
By clicking on "Authorize Payment" you are confirming that the card is yours or that you are
authorized to use it.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit
cards will be subject to checks and authorizations by their issuing entity, but if said entity
does not authorize payment, we will not be responsible for any delay or non-delivery and we
will not be able to formalize any contract with you.
PRICE
The prices on the website do not include shipping costs or, where appropriate, sales tax,
which will be added to the total amount due at the time of purchase. So, the total order
amount that you will be charged is the price of the product(s), plus shipping costs and plus
sales tax (if applicable).
Sales tax will be added (if applicable) based on the shipping address of your order and as
required by applicable law.
Take into account that prices may change at any time, but possible changes will not affect
orders for which we have already sent you an Order Confirmation.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HIRASKIN, INC.AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HIRASKIN, INC.AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIRASKIN,
INC.AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HIRASKIN, INC.AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF HIRASKIN, INC.OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
HIRASKIN reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and HIRASKIN as a result of this agreement or use of the Site. HIRASKIN’s
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of HIRASKIN’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by HIRASKIN with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and HIRASKIN with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and HIRASKIN with respect to the Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
CHANGES TO TERMS
HIRASKIN reserves the right, in its sole discretion, to change the Terms under which the Site
is offered. The most current version of the Terms will supersede all previous versions.
HIRASKIN encourages you to periodically review the Terms to stay informed of our updates.
OTHER IMPORTANT CONSIDERATIONS
Complete agreement and partial nullity
These Terms of Use constitute the entire agreement between you and us with respect to the
Site and any User Content and supersedes all prior or contemporaneous communications and
proposals (whether oral, written or electronic) regarding these matters.
If any provision of these Terms of Use is found to be illegal or void, the remaining provisions
will not be affected and will continue to be fully valid, binding and enforceable. Failure to
exercise any of the rights set forth herein by any of the parties shall not be considered a
waiver of other rights arising under this. No agency, partnership, joint venture or employment
relationship is created as a result of these Terms of Use, and neither party has authority of any
kind to bind the other in any respect.
Governing law and jurisdiction
We control and operate the Site from our offices in Florida State, United States of America.
While we invite people from all over the world to visit the Site, visitors acknowledge that the
Site, and all activities available on or through it, are governed by the laws of the United States
of America and the laws of the state of Florida.
We make no representation that the materials on the Site are appropriate or available for use
in other locations. People who decide to access the Site from other places do so on their own
initiative and are responsible for their compliance with local laws.
You agree that the laws of the State of Florida, excluding its conflict of jurisdiction rules, and
these Terms of Use, our Privacy Policy, and any policies posted from time to time on the Site
applicable to your use of the Site will govern your use of the Site. Please note that your use of
the Site may be subject to other local, state, national, and international laws. You expressly
agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or
that relates in any way to your use of the Site resides in the courts of Miami, Florida State,
and You also accept and grant your express consent to exercise personal jurisdiction in the
courts of Miami, State of Florida, in relation to said dispute, including any claim that involves
us or our affiliates, branches, employees, contractors, officers, directors, telecommunications
providers and content providers.
Arbitration
By using this Site, you agree that HIRASKIN, INC. or any of its affiliates may require in its
sole discretion that: (1) any type of dispute or cause of action related or connected with these
Terms, the Site, and the Related offers must be resolved individually without resorting to any
form of class action lawsuit, and exclusively by final and binding arbitration under the rules
of the American Arbitration Association at the AAA regional office closest to the participant;
(2) the Federal Arbitration Act shall govern the interpretation, application, and all procedures
of such arbitration; and (3) a judgment on said arbitration award may be entered in any court
that has jurisdiction. You understand and agree that you give up your right to sue or go to
court to claim or defend your rights under this contract.
CONTACT US
HIRASKIN welcomes your questions or comments regarding the Terms:
20185 E Country Club Dr APT 2504, Aventura, FL 33180.
email: contact @hiraskin.com
_________________
Effective as of April 01, 2023
Welcome to www.hiraskin.com
The www.hiraskin.com website (the “Site”) is comprised of various web pages operated by
HIRASKIN, Inc.(“HIRASKIN”). www.hiraskin.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of Site constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
The Site is an E-commerce website that sells skin care products.
PRIVACY
Your use of the Site is subject to HIRASKIN’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to HIRASKIN constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. You may not assign
or otherwise transfer your account to any other person or entity. You acknowledge that
HIRASKIN is not responsible for third party access to your account that results from theft or
misappropriation of your account. HIRASKIN and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our sole discretion.
HIRASKIN does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use Site only with permission
of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the
control of HIRASKIN and HIRASKIN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. HIRASKIN is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by HIRASKIN of the site or any association
with its operators.
Certain services made available via the Site are delivered by third party sites and
organizations. By using any product, service or functionality originating from the Site
domain, you hereby acknowledge and consent that HIRASKIN may share such information
and data with any third party with whom HIRASKIN has a contractual relationship to provide
the requested product, service or functionality on behalf of Site users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Site strictly in accordance with these terms of use. As a condition of your use of the Site, you
warrant to HIRASKIN that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment
of the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of HIRASKIN or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. HIRASKIN content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected
content solely for your personal use, and will make no other use of the content without the
express written permission of HIRASKIN and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of HIRASKIN or our licensors except as
expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
“Communication Services”), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents; upload files that contain
viruses, corrupted files, or any other similar software or programs that may damage the
operation of another’s computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file
posted by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or inhibit any other user
from using and enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
HIRASKIN has no obligation to monitor the Communication Services. However, HIRASKIN
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. HIRASKIN reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
HIRASKIN reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in HIRASKIN’s sole
discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. HIRASKIN does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
HIRASKIN specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized HIRASKIN spokespersons, and their views do not necessarily
reflect those of HIRASKIN.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such limitations
if you upload the materials.
MATERIALS PROVIDED TO THE SITE OR POSTED ON ANY HIRASKIN WEB
PAGE
HIRASKIN does not claim ownership of the materials you provide to the Site (including
feedback and suggestions) or post, upload, input or submit to any HIRASKIN Site or our
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting HIRASKIN, our affiliated
companies and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
HIRASKIN is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in HIRASKIN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
INTERNATIONAL USERS
The Service is controlled, operated and administered by HIRASKIN from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the HIRASKIN Content
accessed through the Site in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless HIRASKIN, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site
or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. HIRASKIN reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with HIRASKIN in asserting any available defenses.
HOW TO PLACE AN ORDER
To place an order, you must first access the Site. You will be able to view the various
Products that are offered for sale on the date you browse the Site and select your Products by
browsing the various Product categories.
While you browse the Site, you can select the Products and add them to the shopping cart by
clicking on the button dedicated for this purpose. For each selected Product, you will be able
to see its Price.
You, at any time, can continue browsing or click on your shopping cart to see the contents of
the cart with all the items you have selected.
You will be able to complement, modify or cancel said order, until you finally confirm it.
When you have finished selecting the Products, you can place the order by clicking on the
button provided for this purpose.
A new page will be displayed, prompting you to:
(i). - Registered User: enter your username (email address) and password if you are already
registered on the Site; or
(ii). - Non-Registered User: accurately fill out a personal data collection form by entering the
information in the required fields, including, but not limited to, your name, surname, email
address, telephone, and postal billing / delivery address.
You must complete the form provided in good faith, so you acknowledge that the data
disclosed is correct and will constitute valid evidence of your identity. Your personal data will
be treated in compliance with the laws of the United States of America at all times, for more
information we invite you to visit our Privacy Policy.
Before clicking the designated button to access payment for your order, you must first read
these Terms of Use and the Privacy Policy. You must then confirm that you accept them by
completing an express acceptance confirmation action required on the Site (eg by checking a
box).
The amount to be paid will be that indicated in the order confirmation displayed on the Site
and then sent by email.
The order will not be approved unless you (i) accept the Terms of Use and the Privacy Policy;
(ii) the validity of the payment is verified and confirmed; and (iii) the order acceptance
confirmation has been sent to the indicated email. In any case, we reserve the right to reject
any order or delivery in the event that (i) these Terms of Use are breached; (ii) We know of
any existing dispute with you, (iii) We know of any total or partial non-payment of any order;
and/or (iv) a card payment authorization is denied by the banking entities.
After accepting these Terms of Use, a page dedicated to the payment of the order will open.
Each and every order will be required to be paid, which means that placing an order requires
you to make payment.
If you select card payment, you will automatically connect to the Pay anywhere electronic
money server. The payment service provider's server will be protected by a Secure Socket
Layer (SLL) encryption process designed to protect as efficiently as possible all data related
to payment methods and guarantee that your bank details do not cross our systems at any
time, so at no time will we be responsible for the information transmitted for the purposes of
processing the payments of any order.
Computerized records or other recorded data will constitute valid evidence of all transactions
carried out.
After making the payment you will receive an email acknowledging receipt of your order.
Likewise, we will inform you by email that the product is being shipped.
ORDERS AND PAYMENT
While it is our practice to confirm orders by email, receipt of an order confirmation by email
does not constitute acceptance by us of an order or confirmation of an offer to sell a product.
We reserve the right, without prior notice, to limit the quantity of products and/or to deny
services to any customer. We may also require verification of information prior to acceptance
and/or shipment of any order.
Prices may change at any time, but possible changes will not affect orders for which we have
already sent you an Order Confirmation.
To make the purchase, you can make your payment through PayPal, Apple Pay, Visa,
MasterCard or American Express cards. When the chosen form of payment is by card, you
must enter the card number, its expiration date, the name of the cardholder and the security
code.
By clicking on "Authorize Payment" you are confirming that the card is yours or that you are
authorized to use it.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit
cards will be subject to checks and authorizations by their issuing entity, but if said entity
does not authorize payment, we will not be responsible for any delay or non-delivery and we
will not be able to formalize any contract with you.
PRICE
The prices on the website do not include shipping costs or, where appropriate, sales tax,
which will be added to the total amount due at the time of purchase. So, the total order
amount that you will be charged is the price of the product(s), plus shipping costs and plus
sales tax (if applicable).
Sales tax will be added (if applicable) based on the shipping address of your order and as
required by applicable law.
Take into account that prices may change at any time, but possible changes will not affect
orders for which we have already sent you an Order Confirmation.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HIRASKIN, INC.AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HIRASKIN, INC.AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIRASKIN,
INC.AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HIRASKIN, INC.AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF HIRASKIN, INC.OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
HIRASKIN reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and HIRASKIN as a result of this agreement or use of the Site. HIRASKIN’s
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of HIRASKIN’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by HIRASKIN with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and HIRASKIN with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and HIRASKIN with respect to the Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
CHANGES TO TERMS
HIRASKIN reserves the right, in its sole discretion, to change the Terms under which the Site
is offered. The most current version of the Terms will supersede all previous versions.
HIRASKIN encourages you to periodically review the Terms to stay informed of our updates.
OTHER IMPORTANT CONSIDERATIONS
Complete agreement and partial nullity
These Terms of Use constitute the entire agreement between you and us with respect to the
Site and any User Content and supersedes all prior or contemporaneous communications and
proposals (whether oral, written or electronic) regarding these matters.
If any provision of these Terms of Use is found to be illegal or void, the remaining provisions
will not be affected and will continue to be fully valid, binding and enforceable. Failure to
exercise any of the rights set forth herein by any of the parties shall not be considered a
waiver of other rights arising under this. No agency, partnership, joint venture or employment
relationship is created as a result of these Terms of Use, and neither party has authority of any
kind to bind the other in any respect.
Governing law and jurisdiction
We control and operate the Site from our offices in Florida State, United States of America.
While we invite people from all over the world to visit the Site, visitors acknowledge that the
Site, and all activities available on or through it, are governed by the laws of the United States
of America and the laws of the state of Florida.
We make no representation that the materials on the Site are appropriate or available for use
in other locations. People who decide to access the Site from other places do so on their own
initiative and are responsible for their compliance with local laws.
You agree that the laws of the State of Florida, excluding its conflict of jurisdiction rules, and
these Terms of Use, our Privacy Policy, and any policies posted from time to time on the Site
applicable to your use of the Site will govern your use of the Site. Please note that your use of
the Site may be subject to other local, state, national, and international laws. You expressly
agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or
that relates in any way to your use of the Site resides in the courts of Miami, Florida State,
and You also accept and grant your express consent to exercise personal jurisdiction in the
courts of Miami, State of Florida, in relation to said dispute, including any claim that involves
us or our affiliates, branches, employees, contractors, officers, directors, telecommunications
providers and content providers.
Arbitration
By using this Site, you agree that HIRASKIN, INC. or any of its affiliates may require in its
sole discretion that: (1) any type of dispute or cause of action related or connected with these
Terms, the Site, and the Related offers must be resolved individually without resorting to any
form of class action lawsuit, and exclusively by final and binding arbitration under the rules
of the American Arbitration Association at the AAA regional office closest to the participant;
(2) the Federal Arbitration Act shall govern the interpretation, application, and all procedures
of such arbitration; and (3) a judgment on said arbitration award may be entered in any court
that has jurisdiction. You understand and agree that you give up your right to sue or go to
court to claim or defend your rights under this contract.
CONTACT US
HIRASKIN welcomes your questions or comments regarding the Terms:
20185 E Country Club Dr APT 2504, Aventura, FL 33180.
email: contact @hiraskin.com
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Effective as of April 01, 2023