Terms Of Service

Last updated: 29th July 2023 

 

Welcome to Yay for Earth!

 

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.yayforearth.com (Website) and our mobile application Yay for Earth (App) (together or individually “Service”) owned and operated by Yay for Earth LLC (“Company”, “Yay for Earth”, “we”, “our”, “us”)!

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: www.yayforearth.com/privacy. 

 

Yay for Earth provides the Services through the Website and the App. By accessing the Services through the Website and the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance. 

 

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them. 

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

 

Yay for Earth reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

 

Thank you for being responsible.

 

  1. ABOUT US
    1. Yay for Earth is a skincare and personal care brand that focused on producing environmentally friendly and sustainable products. 
    2. The brand is committed to creating natural and organic skincare items while minimizing their ecological footprint. 
    3. Our product range typically included items like facial cleansers, moisturizers, body care products, and more, all made with natural ingredients. 
    4. The company's mission revolved around promoting sustainability and encouraging individuals to make conscious choices for the planet. 
    5. We are using eco-friendly packaging, reducing plastic waste, and supporting ethical sourcing practices.
  2. DISCLAIMER
    1. Yay for Earth is not a medical professional or healthcare provider, and the information on this website should not be considered medical advice. 
    2. The content presented here is not intended to diagnose, treat, cure, or prevent any skin condition or medical condition. 
    3. If you have or suspect you may have a skin issue or medical concern, we recommend consulting with a qualified healthcare professional or dermatologist for personalized advice and treatment.
    4. Individuals with specific skin conditions, allergies, or sensitivities should exercise caution and seek professional guidance before using our products. 
    5. It is essential to read and follow the product instructions, warnings, and precautions provided on our packaging. 
    6. By using our products and accessing this website and mobile application, you acknowledge and agree to hold Yay for Earth harmless from any liability or responsibility for any skin issues or medical complications that may arise from using our products.
    7. If you do not agree with this disclaimer, please discontinue using our website and products immediately. 
    8. Yay for Earth reserves the right to modify, update, or change the information on this website at any time without prior notice. 
    9. We encourage our customers to review this disclaimer regularly to stay informed of any updates or changes. 
  3. ELIGIBILITY 
    1. You are at least 13 years of age.
    2. You use the Website, the App and Services according to these Terms and all applicable laws and regulations determined by the country of residence.
    3. You provide complete and accurate registration information and maintain accurate registration information on the Website and the App.
    4. You agree and understand that Yay for Earth may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms.

 

  1. USE OF WEBSITE 
    1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
    2. When accessing the Website, you shall be prohibited from:
      1. 4.2.1.using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
      2. 4.2.2.using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
      3. 4.2.3.taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
      4. 4.2.4.copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Yay for Earth’s prior written consent;
      5. 4.2.5.reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
      6. 4.2.6.attempting to access any area of the Website to which access is not authorised.

 

  1. USE OF APP
    1. You may access Yay for Earth and the Services via our App. 
    2. In order to be able to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an Internet connection. 
    3. You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.

 

  1. ACCESS AND USE
    1. You must only use the App in accordance with these Terms and any applicable law. 
    2. You must not (or attempt to): 
      1. Interfere with or disrupt the App or the server or networks that host the Site; 
      2. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 
      3. Interfere with security-related or other features of the App.
    3. We do not warrant that the App will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our App. 
    4. You must not link to our App or any part of our App in a way that damages or takes advantage of our reputation, including but not limited to: 
      1. In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or 
    5. In a way that is illegal or unfair.  
  2. COMMUNICATIONS
    1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. 
    2. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@yayforearth.com.
  3. PROHIBITED USES 
    1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
    2. When accessing the Website, you shall be prohibited from:
      1. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
      2. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
      3. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Yay for Earth’s prior written consent;
      4. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
      5. attempting to access any area of the Website to which access is not authorised.
    3. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
      1. In any way that violates any applicable national or international law or regulation.
      2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
      3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
      4. To impersonate or attempt to impersonate Yay for Earth, Yay for Earth employee, another user, or any other person or entity.
      5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Yay for Earth or users of Service or expose them to liability.
    4. Additionally, you agree not to:
      1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
      2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
      3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
      4. Use any device, software, or routine that interferes with the proper working of Service.
      5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
      7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
      8. Take any action that may damage or falsify Yay for Earth rating.
      9. Otherwise attempt to interfere with the proper working of Service.
  4. PURCHASES
    1. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, phone number and your shipping information.
    2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
    3. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
    4. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
    5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 
  5. NO USE BY MINORS
  6. INTELLECTUAL PROPERTY 
    1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Yay for Earth and its licensors. 
    2. Service is protected by patent, copyright, trademark, and other laws of the State of New York.
    3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Yay for Earth.
    4. All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Yay for Earth.
    5. Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Yay for Earth immediately at: info@yayforearth.com
    6. All content, trademarks, data, information or information contained in any materials, or documents used in relation to Yay for Earth and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to Yay for Earth. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Yay for Earth’s prior written permission.
    7. Any and all intellectual property rights in the Content, Services and Yay for Earth or otherwise developed by or on behalf of Yay for Earth, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and Yay for Earth or otherwise developed by or on behalf of the Yay for Earth, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the Yay for Earth its licensors or suppliers, as the case may be, and all rights not expressly granted by the Yay for Earth to you are reserved by the Yay for Earth
    8. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the Yay for Earth’s Intellectual Property. You may not use the Yay for Earth’s Intellectual Property in a manner which may (i) place the Yay for Earth’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Yay for Earth.
    9. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Yay for Earth, its third-party providers and other respective owners, if any.
    10. 11.10.Subject to these Terms, and your compliance with these Terms, Yay for Earth hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
    11. 11.11.If you breach any of these Terms, the above license will terminate automatically.

 

  1. ERROR REPORTING AND FEEDBACK 
    1. 12.1.You may provide us either directly at info@yayforearth.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: 
      1. 12.1.1.you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; 
      2. 12.1.2.the Yay for Earth may have development ideas similar to the Feedback; 
      3. 12.1.3.Feedback does not contain confidential information or proprietary information from you or any third party; and 
  2. LINKS TO OTHER WEB SITES 
    1. 13.1.Our Service may contain links to third party web sites or services that are not owned or controlled by Yay for Earth.
    2. 13.2.Yay for Earth has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
    3. 13.3.YOU ACKNOWLEDGE AND AGREE THAT YAY FOR EARTH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
  3. DISCLAIMER OF WARRANTY 
    1. 14.1.THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
    2. 14.2.NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    3. 14.3.THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  4. LIMITATION OF LIABILITY 
  5. GOVERNING LAW
    1. 16.1.These Terms shall be governed and construed in accordance with the laws of state of New York without regard to its conflict of law provisions.
    2. 16.2.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 
    3. 16.3.These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
    4. 16.4.Each party irrevocably agrees that the courts of state of New York shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
    6. 16.6.You agree that for the purposes of the settlement of disputes between you and Yay for Earth, an e-mail correspondence with the authorized persons of the Yay for Earth at: info@yayforearth.com shall be the effective and binding method of communication.

 

  1. CHANGES TO SERVICE 
    1. 17.1.We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. 
    2. 17.2.We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. 
  2. AMENDMENTS TO TERMS 
    1. 18.1.We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
    2. 18.2.Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. 
    3. 18.3.You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
    4. 18.4.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. 
  3. INDEMNITY
    1.  
  4. WAIVER AND SEVERABILITY 
    1. 20.1.No waiver by the Yay for Earth of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Yay for Earth to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
  5. ACKNOWLEDGEMENT 
  6. CONTACT US 
    1. 22.1.For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support: by email: 
      1. 22.1.1.By email: info@yayforearth.com