TERMS OF SERVICES

Last updated:  13 November, 2024

Overview

This website is operated by Jojali Ltd. This is a legal agreement between you and Jojali Ltd. (known as “we”, “us” , “our” “How Brave is Mave”) regarding the services you use from us. The “Services” includes our website(s), all information, tools and services available from this site(s) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 By visiting our site(s) and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  

Section 1: Online Store Terms

 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2: License and Use of the Services

When creating an account you may be asked to provide Jojali Ltd. with certain personal information to establish a site account. This may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Jojali’s Ltd. Privacy Policy. 

You are not to disclose your account password to anyone. You agree that you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them. If for whatever the reason you believe your account is no longer secure, then you must notify us immediately at support@jojali.com

There may be no account sharing. You may not sell, rent, lease, share or provide access to your account to anyone else. We have the complete legal rights to prevent unauthorized use of our Services. 

You may not create a false account. You may only create an account in your name. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 3: Our Policies Concerning Children

Our Services are not for children under the age of 13 (and in certain jurisdictions under the age of 16 or other age as required by law). If you are under the age, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have inadvertently collected personal information from a minor, we will promptly take steps to delete such information. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, please contact us at support@jojali.com. We have the right to terminate the child’s account if applicable. 

Section 4: Pricing and Service Modifications 

Prices for our products are subject to change without notice.

 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify and or discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The images of our products that appear at the store are for product demonstration purposes and are not necessarily accurate images of the product you are purchasing. We cannot guarantee that your display of any color or product will be accurate.

Section 5: License and Use of the Services 

“Content” refers to all artwork, titles, themes, objects, characters, names, dialogues, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of  operation, musical compositions, concepts, sounds, audio-visual effects, and any other content within the Service. 

Content also includes anything generated, created, and or that is developed within the Services by us or or you or by any user as a result of interaction with the functionality of the Service. 

We can and at our sole discretion, remove, edit or disable any Content. 

Content that is created by you or another user and made available within the Service is regarded as “User Content”. By making any User Content available through the Services, you hereby grant us a license to a non-exclusive, transferable, worldwide, royalty free license. We reserve the right to sub-license, to use, modify, create derivative works based upon, translate, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service and Content and to other users of the Services.   

We do not assume any responsibility or liability for any User Content. We may, in our sole discretion, remove, edit or disable any User Content at any time and for any reason. 

We may restrict, modify or limit your access to and use of certain or all Content, or all of the Services depending on the territory in which you are located. 

Section 6: Retail Purchase

When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction. 

By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All amounts and applicable taxes, if any, are payable in United States dollars. Title and risk of loss pass to you upon our transfer of the products to a common carrier. 

All retail purchases will be delivered to the address specified in your order and in accordance with the delivery option you selected at checkout. You will be notified if we cannot ship to your selected location. 

All dispatch and delivery times are estimates only. We may defer the date of dispatch or delivery or cancel any Transaction, or remove from your order any products ordered by you (without liability) if we are prevented or delayed in the carrying on of our business, due to events or circumstances beyond our reasonable control. This includes but not limited to: acts of God, government actions, war, national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosions, extreme weather conditions, floods, epidemics, pandemics, strikes, labor disputes, fuel shortages, carrier implications, or inability or delay in us obtaining supplies of adequate or suitable materials. 

We reserve the right to ship your order in installments should some of your items on your order be unavailable for delivery, or have delayed availability when you place your order, or if your order is too large to deliver in one shipment. We will endeavor to ensure that the Site displays the correct availability of products for ordering. We will notify you of any delays on shipments that will exceed thirty (30) days from your payment and we will either offer an alternate product or a full refund, as indicated by law. 

Section 7: Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 8: Cancellations and Returns 

You have the right to cancel the Transaction at any time before the item has shipped and within 15 days after shipping (beginning on the day after you received the product). 

Should you wish to make a return, please contact support@jojali.com. Ensure that you follow the return methods we provide to you in order to receive a full refund of your purchase price. 

For all returns we will require you to send us proof of your original purchase together with proof of returning the product to us before we are able to process the refund. All refunds will be made using the same method originally used by you to pay for your purchase. 

Unless an item is faulty or damaged, you will need to pay for the cost of the return. 

The item cannot be returned after 15 days from receiving the item. 

The returns and refund policy is specific to orders made on the Jojali online store ONLY. 

Section 9: Optional Tools 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


Section 10: Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 11: User Comments, Feedback and other Submissions

Your feedback, comments and suggestions are welcome. It helps us improve. However, if you give us your feedback, we need to be free to use it how we want and without paying you

 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material. 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 12: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. See our Privacy Policy for more details.

Section 13: Mobile Messaging

We have the right to send you text messages. We do not charge for Mobile Messaging, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Please check your mobile plan and contact your wireless provider for details. 

You do not need to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Jojali Ltd. Your participation to this program is completely voluntary. By you consenting to receive Mobile Messaging from Jojali Ltd. you are agreeing to these Terms: you agree to receive recurring SMS/text messages with service related and / or promotional messages, including updates, alerts, information, specials and other marketing offers, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. 

You agree to provide us with a valid mobile number. If you receive a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that Jojali Ltd. will not be liable for failed, delayed, or misdirected delivery of any information sent through Mobile Messaging. Any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Messaging.   

You may opt-out of Mobile Messaging at any time. Please click the ‘unsubscribe’ link on our Jojlai Ltd. website, www.jojali.com. If assistance is still required, please email us, support@jojali.com. Do not send us messages via mobile messaging.

Section 14: Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 15: Prohibited Uses 

You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (v) use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws); and/or (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. 

Resale Restriction: Our products are intended for personal use only and are not permitted for resale. By purchasing from www.jojali.com, you agree not to engage in any commercial activities or resale of our products without prior written consent from our company.

Bulk Orders and Discount Codes: Our discount codes and promotions are designed to enhance the purchasing experience for individual customers. These codes are not applicable to bulk orders intended for resale. We reserve the right to cancel or refuse any order that violates this policy.

Section 16: Copyright Policy

We highly respect copyright laws. It’s our policy to terminate accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 

Content and Marks. The: (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”); and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Jojali and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Jojali”, “How Brave is Mave”, the Jojali logo, and other marks are Marks of Jojali or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. 

Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. 

Section 17: Warranty

We do not make any guarantee about the Services. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services. 

Section 18: Indemnification

Should someone sue us based on your breach of the Terms of Service or your access/use of the Services, you agree to defend us or pay for our defense in that lawsuit. You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and defend and hold harmless Jojali Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 19: Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20: Termination 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Termination of the Terms does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.

Section 21: Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 22: Dispute Resolution and Governing Law 

You agree to submit to the personal and exclusive jurisdiction of the courts located in London, England and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Jojali may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Jojali concerning the Site. 

All disputes between us, we agree, will be resolved through arbitration instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. 

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Section 23: Limitation of Liability  

This section limits what you can recover from us in a dispute. 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 In no case shall Jojali Ltd. our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, 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 the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 24: Changes to Terms of Service 

 You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

You agree that any elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services. 

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25: Contact Information

Questions about the Terms of Service should be sent to us at support@jojali.com.