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Terms & Conditions

Last modified on August 10, 2015

Welcome to PHYT’S-USA! We are operated by DAKA International, L.L.C., a Texas limited liability company (“We”, “Us”, “DAKA” or the “Company”). We offer the DAKA websites and services (the “Service”) according to the terms of use (the “Terms” or “Terms of Use”) below, and our separate privacy policy (the “Privacy Policy”), both of which are accessible via the DAKA website, www.phyts-usa.com.

These Terms govern your access to and use of DAKA and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

By clicking a box that states you accept or agree to these terms or by using our Service, you are agreeing to the terms below. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your DAKA account.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICE.

We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Use may be sent to info@phyts-usa.com.

1. Access to Services.

(a) DAKA does not knowingly collect or solicit personal information from anyone under the age of 17 or knowingly allow such persons to register for the Services. If you are under 17, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 17 may provide any personal information to DAKA or on the Services. If we learn we have collected personal information from a child under age 17 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 17, please contact us at info@phyts-usa.com.

(b) You represent and warrant to DAKA that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 17 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

(c) DAKA may prohibit any user from using the Service in its sole discretion for any reason, and we are not liable for any damage or loss resulting from such prohibition.

2. Basic Terms.

(a) You are responsible for your use of the Services, and for any consequences thereof.

(b) You may use the Services only if you can form a contract with DAKA and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.

(c) The Services that DAKA provides are always evolving, and the form and nature of the Services that DAKA provides may change from time to time without prior notice to you. DAKA may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion without prior notice to you.

(d) The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for DAKA granting you access to and use of the Services, you agree that DAKA, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services.

3. Checkout and Payment. Payments are processed through a third-party payment processor. We do not store any credit card or payment information on our servers.

4. Shipping. All orders will be shipped F.O.B. Plano, Texas – FEDEX GROUND unless otherwise requested. Returns must be made within 14 business days of receipt of order and will not be accepted without prior approval by DAKA. An authorization number must be obtained from PHYT’S before any returns will be accepted. Additional terms may apply to wholesale customers.

5. Returns. Returns must be made within 14 days of receipt of order and will not be accepted without prior approval by DAKA-PHYT’S USA. Returned products must be unopened, unused and in their original saleable condition and be packed with the authorization number and form. Shipping costs are not refundable. All returns will be credited back to the original credit card used, within 10–12 business days of our Returns department receiving your order.

6. Guarantees. PHYT’s products are guaranteed against all manufacturing defects up to the sell by date stamped on the merchandise. By manufacturing defect, we mean a quality or quantity error in manufacturing; product instability; a foreign object within the product; defective containers. Excluded in all events from this guarantee are defects resulting from poor storage, incorrect manipulation or incorrect use.

7. Allergies and Perfumes. Full ingredients disclosures are included for each PHYT’s product within their appropriate product page. It is the purchasers responsibility to review all ingredients prior to purchase. Please note that PHYT’s products do not contain any synthetic fragrances. The aroma of the product is a result of the natural ingredients used to produce the product. The statement listed within the ingredient label “parfum (fragrance)” is a required statement that complies with FDA labeling laws.

8. Privacy. Any information you provide to DAKA is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by DAKA. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your DAKA account, which you may not be able to opt-out from receiving.

9. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your DAKA account. DAKA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

10. Content on the Services.

(a) You are granted a limited, nonexclusive, non-sublicensable license to access and use the Service. This license is revocable at any time. This license is subject to these Terms.

(b) You acknowledge that DAKA has no control over, and no duty to take any action regarding the following: (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.

(c) You understand that by using the Services, you may be exposed to Content that might be harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will DAKA 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 or broadcast elsewhere.

(d) DAKA has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service.

11. Prohibited Use.

(a) You are prohibited from:

i. Impersonating another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

ii. Violating the rights of a third party, including copyright, trademark, privacy, and publicity rights;

iii. Actions that are direct and specific threat of violence to others; or

iv. Acting in furtherance of illegal activities.

(b) You may not submit Content that contains falsehoods or misrepresentations, solicits funds or services, contains advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of DAKA regarding their Content. You agree not to circumvent, disable or otherwise interfere with the security related features of the DAKA website or features that prevent or restrict using any content.

(c) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of DAKA, its users and the public. DAKA does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

(d) You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, DAKA’s computer systems, or the technical delivery systems of DAKA’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DAKA (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with DAKA (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.

12. User Submissions.

(a) You agree that any feedback, suggestions, ideas, or other information or materials regarding DAKA or the Services that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of DAKA. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or moral rights).

(b) Your use of the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any further use:

i. You irrevocably release and forever discharge DAKA and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation regarding how DAKA and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.

13. Copyright Ownership, and Data Security.

(a) DAKA owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs of products, labels, slogans, tag lines, functionality, and documentation (“DAKA Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit , in whole or in part, any part of the Service owned by DAKA.

(b) DAKA respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to DAKA’s copyright agent:

i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

ii. A description of the copyrighted work or other intellectual property that you claim has been infringed;

iii. A description of where the material that you claim is infringing is located on the site;

iv. Your address, telephone number, and email address;

v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

(c) DAKA’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: termsofuse@phyts-usa.com.

14. Termination.

(a) This Agreement shall remain in full force and effect while you use the Services. You may terminate using the Services at any time. DAKA may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. DAKA may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or the Privacy Policy.

(b) Any fees paid are non-refundable. Upon termination of your account, your right to use the Services will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Disclaimers. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, DAKA MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. DAKA DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

16. Limitations on Liability.

(a) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL DAKA OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL DAKA’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO DAKA HEREUNDER.

17. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless DAKA, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Service; (b) any Content you use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.

18. Services Available “AS-IS.”

(a) Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, DAKA DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(b) DAKA makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DAKA or through the Services will create any warranty not expressly made herein.

19. International Users. The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.

20. Children’s Privacy. DAKA does not knowingly collect or solicit any information from anyone under the age of 17 or knowingly allow such persons to register for the Service. The Service and its Content are not directed to children under the age of 17. If we learn we have collected personal information from a child under the age of 17 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 17, please let us know at termsofuse@phyts-usa.com.

21. Other Web Sites and Services. We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your Content. If you are a third-party website or service and you allow them to access your account, you do so at your own risk.

22. Miscellaneous.

(a) DAKA’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

(b) Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

(c) Any dispute between you and DAKA will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

(d) This Terms of Service constitutes the entire agreement between you and DAKA and supersedes any and all previous agreements, written or oral, between you and DAKA, including previous versions of the Terms of Service. Specific services provided by DAKA may be subject to additional terms and conditions, which shall be provided to you is applicable.

(e) We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.

(f) These Terms create an agreement between Us and you. They create no third-party beneficiary rights.

(g) Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.