Terms of Service
This is a contract between you and Urban Remedy, Inc. (“Urban Remedy,” “we,” or “us”). You can contact us if you have any questions or concerns. If you do not understand or agree to these terms of service, don’t use our website, www.urbanremedy.com, the Urban Remedy application (our “Platform”) or the services provided through the Platform (“Services”).
In these terms of service, “you” and “your” means you as the user of the Services.
Please read this Agreement carefully before you accept it. If you do not accept or cannot understand anything in these Terms, stop using the Services immediately.
These Terms are effective as of the last updated date above. As the Services change, we may update these Terms by posting a new version and updating the last updated date.
We’ll do our best to notify you if we make significant changes. For example, we may email the address in your account or place a temporary notice on the Services’ homepage.
It is your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the last updated date, you accept the current Terms.
If you do not accept a change to the Terms, stop using the Services immediately.
You may contact us regarding the Services or these Terms at: email@example.com or Urban Remedy, Inc., Attention: Support, 208 S. Garrard Blvd, Richmond, California 94801.
Eligibility and Responsibilities
To use the Services, you must comply with these restrictions.
Age: You must be 16 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services. By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.
Business use: If you use the Services on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (i) you are authorized to bind the company to these Terms, and (ii) you agree to these Terms on the company’s behalf.
You are responsible for all your activity in connection with the Services. This includes any Product you choose to purchase, any content you send through the Services and the accuracy of any information you give us so that we can provide the Services to you.
Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law.
Violation of the Agreement may result in suspension or termination of your access to the Services or criminal or civil liability. We may monitor your conduct, including, without limitation, reviewing messages to determine whether you are violating the Agreement.
Other Applicable Terms
Certain additional terms apply to you when using the Services. These policies and terms also form part of the Agreement between us, including:
- our Acceptable Use Policy; and
- any other policies or operating rules posted by us on the Services.
We may update any of these policies in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.
The Agreement does not apply to third party services and the terms governing such services. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of third party services and any act or omission of any provider of such services. We do not warrant, endorse or otherwise guarantee the third party services and their integration, interoperation or support with the Services.
If you have any complaints in connection with any third party services, please contact the provider of such services.
You agree to provide us with accurate, complete and updated Customer Data, including for your Account. We may reject or require that you change any Services-specific information, such as your username or password, in our sole discretion. You represent and warrant that your Customer Data, including Account information, is and will remain accurate and complete. You acknowledge and agree that we have no liability for errors and omissions in your Customer Data.
Contact us immediately if you know or suspect that (1) your Account or password has been stolen, misappropriated or otherwise compromised, or (2) there has been any unauthorized use of your Account.
We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.
Managing your Account. As of the last updated date, you can manage, update or delete your Account at any time by going to our website www.urbanremedy.com. From your account dashboard www.urbanremedy.com/my/account you can review your recent orders, manager your shipping and billing addresses and edit your password and account details. In order to change or cancel an existing order or subscription or to make a request to delete your account, please contact us at firstname.lastname@example.org.
If you are using our application or order from www.urbanremedy.com/retaildelivery, and wish to update, manage, or delete your Account, tap on the profile icon (three stacked lines) on the top-left corner of the main page, then tap the three dots on the top-right and select “Account.” Follow the instructions to update, manage or delete your Account.
Suspension and Termination. We reserve the right to suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason.
Purchases and Products
Pricing changes. We reserve the right to change the cost of our Products at any time.
Payments. You agree that we may charge all amounts due and owing in connection with your use of the Services (“Charges”) to your credit card, debit card, or other payment mechanism selected by you and approved by us (“Payment Method”) at the time of your Product purchase. All Charges will be accounted for in your invoice or otherwise through the Services.
You must complete payment for your Products through our third-party payments provider (“Payment Processor”).
You agree to promptly update your Payment Method to allow for timely payment if you have stored such information in your Account. Changes made to your Payment Method will not affect Charges before we could reasonably act on your changes. You agree that we may use any updated Payment Method information provided by your issuing bank or payment network.
Taxes. Products may be priced to add or include applicable local taxes (such as sales taxes), as presented to you at the time of your Product or Subscription offer.
Refunds. Except as provided under Refunds below, payments for Products are nonrefundable and there are no credits for partially used periods. Given the nature of our products, no returns are accepted and we are not able to accept any items shipped back to our facility. If you have an issue or question regarding the quality of a product, please provide documentation of the issue and send it to email@example.com.
Billing Communications and Support. Please notify us of any billing problems or issues as soon as you become aware of them. We will make every effort to assist you with any billing questions. You agree that we may contact you via email or otherwise at any time with information relevant to your use of the Services, including billing communications, regardless of whether you have opted out of receiving marketing communications or notices.
Promotional Codes. We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future orders for Products or other features related to the Services, subject to any additional terms that we establish. You agree that Promos: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; and (vii) may expire prior to your use.
Gift Cards. Tangible and/or digital gift cards containing stored money value may be offered by us for certain purchases on the Services (“Gift Cards”). You acknowledge that we make no warranties with respect to your Gift Card balance, and we are not responsible for any unauthorized use, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.
If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.
By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.
Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.
Orders for Products
You agree to pay us in full when you order our Products.
Products. The Platform allows you to purchase products through the website or through third parties, such as Whole Foods, including subscriptions to products. Products may have limited quantities and are subject to refund or exchange only according to the policy stated above. While we try to maintain the accuracy of Products available through the Services, we are not responsible or liable if any Product or other information is not accurate, complete or current. In particular:
- Products may occasionally be mispriced, described inaccurately or unavailable, for example, due to delay or disconnection with our inventory or pricing systems, or the provision of advertising on other websites;
- Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only; and
- No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings and your surroundings all affect how you perceive electronic depictions of our Products.
Availability; Pricing; Limits. We reserve the right, but are not obligated, to:
- reprice or discontinue any Product for any reason at any time;
- limit the sale or availability of Products in any area or jurisdiction;
- limit quantities of products available per order, household or user, or cancel orders in excess of those quantities; and
- refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers or distributors.
We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.
Payment. As of the Last Updated date above, payment can be made by credit card, debit card, and PayPal through our Payment Processor. Your payment for Products you order is handled through the Payment Processor and not directly by us. You acknowledge and agree that all information you provide to purchase Products is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to our payment processor, including, without limitation, any credit card you provide when completing a transaction.
When you purchase Products, you (i) agree to pay the price for such Products, any shipping and handling charges and all applicable taxes, as set forth in the final page of the ordering process (the “Full Purchase Amount”), and (ii) authorize our Payment Processor to charge your payment method for the Full Purchase Amount.
Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products. While we attempt to be as accurate as we can in our descriptions for the Products, we do not promise that Product descriptions are accurate, complete, reliable, current, or error-free. If a Product itself is not as described on the Services, your sole remedy is to contact us at firstname.lastname@example.org.
The inclusion of any Products for purchase through the Services at a particular time does not mean that the Products will be available at any other time. We reserve the right to change prices for Products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes will be effective immediately upon posting a new Offering price to the Services and/or upon making the customer aware of the pricing error.
Order Acceptance; Shipment. Once we receive your order for a Product, we will provide you with an order confirmation. Your order confirmation confirms that we received your order, but does not signify our acceptance. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.
You may track your Order status from your account page if you have set up an account. You will also receive e-mail confirmation when an order is placed and provided tracking information once the order is completed.
While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. You may choose a delivery date at checkout. Given the fresh nature of our product, we make an effort to deliver products on time and use expedited shipping for orders. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).
Orders may be delayed due to factors outside of our control, including the weather or operating delays of our shipper. If you have an issue regarding any delayed order please contact us at email@example.com.
You may provide user-generated content for our website, including bog posts and other postings.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“User Content”); and (iii) content that we provide on and through our Services (“Our Content”).
In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services.
You hereby provide us with an exclusive license to use your content on the website in any manner that we choose. Nothing in this agreement obligates us to use any content you submit. If we use your content, we will not provide your full name with the display of such content but only your first name and the first initial of your last name. We may discontinue posting any of your content at our sole discretion at any point. We will not compensate you for any content that you provide to us we may edit your content at our sole discretion. If you have questions regarding your content please contact us at firstname.lastname@example.org.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement, whether by implication, waiver, estoppel, or otherwise.
Disclaimers, Limits on Liability & Indemnification
Except as stated elsewhere in these Terms, all of the Services, products and content are provided “as is” without warranty of any kind. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.
Use of the Services and the transmission of messages through the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
Limitations of Liability. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
- Any indirect, special, incidental, or consequential damages of any kind, or
- Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us for paid Services in the three-month period preceding the applicable claim.
For clarity, this means we will not be liable for: unauthorized access to or loss of Customer Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose. In each case, however, these limitations apply only to the extent they are not prohibited by applicable law.
Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Urban Remedy, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of the Services (including any actions taken by a third party using your access to Subscriptions), and/or (ii) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). This obligation will survive any suspension, termination or cessation of your use of the Services.
In the unlikely event that you and Urban Remedy have a legal dispute, you and Urban Remedy agree to try to resolve it among ourselves first.
You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our services and/or products, including the Services, will be resolved in a court of law.
Jury Trial Waiver. You and Urban Remedy hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.
Class Action Waiver. You and Urban Remedy agree that each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
Limitations Period. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Agreement must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred.
Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any intellectual property or proprietary rights therein, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
Governing Law; Forum. These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You and we agree to only bring disputes and any other legal proceeding in the state and federal courts located in Contra Costa County, California. You and we consent to the jurisdiction of those courts. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would be an inadequate remedy and we will be entitled to equitable relief in addition to any remedies we may have under this Agreement or at law without a bond, other security or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the California Department of Consumer Affairs’ Division of Consumer Services in writing at: Complaint Assistance Unit 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Modifications of Services. We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
No Third-Party Beneficiaries. The parties agree there are no third-party beneficiaries intended under the Agreement.
No Joint Venture. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Urban Remedy.
Waiver. The failure of either party to exercise, in any way, any right herein does not waive any further rights hereunder.
Severability. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto.
Force Majeure. In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.