Heritage Refined

Heritage Refined

Terms of service

Terms of use

  1. Purpose: This privacy policy (“Privacy Policy”) describes the collection, use, and disclosure of personal information by Maghart Inc. (“we”, “us”, or “our”) from individuals who access or use our website located at www.Maghart.com (the “Site”) and the products or services we may provide or offer through the Site or otherwise (collectively, the “Services”).  By using our Services, you agree to the collection, use, and disclosure of Personal Information (as defined below) in accordance with this Privacy Policy. This Privacy Policy is incorporated by reference into our Terms of Service (the “Agreement”) and is subject to the provisions of the Agreement. All other terms not defined herein will have the meanings set forth in the Agreement.

 

  1. Privacy Policy: Please refer to our privacy policy (the “Privacy Policy”) for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

 

  1. Changes to Terms or Services: We may update this Agreement at any time, in our sole discretion. If we do so, we will deliver a notice either by posting the updated Agreement or through other communications deemed appropriate by us. It is important that you review this Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 18(a)(viii), you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

  1. Who May Use the Services? The products we offer for sale through the Services are currently available internationally. THE SERVICES NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (“Minors”) and we do not knowingly collect information from Minors. If you are between ages 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use the Services. If we learn that we have collected information of a Minor, we will take steps to delete such information from our files as soon as possible.

 

  1. Account: You do not need to have an account in order to use the Services. When purchasing items through the Services, you will be required to provide certain information such as your email address, delivery address, and payment details. You have the option of creating an account (the “Account”) when using the Services, in which case certain information that you input previously may be stored in your Account. As described below, our store is hosted on Hostinger Hebergement and Accounts are created and managed by Hostinger Hebergement. As part of using our Services, you agree to provide current, complete, and accurate purchase and account information for all subscriptions and purchases made on our Site. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

 

  1. Description of the Services: Description. Our Services provide a platform for you to purchase and deliver to you luxurious essentials. You can book this once-in-a-lifetime, one-of-a-kind package that will be the first and unique piece of our brand’s repertoire, including a one-time payment. As far as I can tell, this is only the beginning of our ambition. After publishing our first set product, we will also publish regular newsletters, recipes with Moroccan origins, and other content related to our products that you won’t see a competitor competing with, with message additions on the Site. We will also send emails to you with (i) newsletters if you register with us and (ii) follow-up order information if you order products through the Services. Hostinger. Our online shop is hosted on Hostinger and uses WordPress commerce function to take and process orders. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Hostinger data storage, databases, and the general Hostinger application. For more information, please read its Terms of Service at https://www.hostinger.com/legal/universal-terms-of-service-agreement

 

  1. Payment Options: General. You can make a purchase multiple times in a launch week, or you may purchase our products on a regular basis through every launch time. Upon completion of your purchase to our first launch, you will receive your own shipment, which will be delivered to you over a period of time (after 4 months) (this period of time is referred to as the manufacturing period to ensure that you have access to freshly produced, non-stocked raw materials).

 

  1. Order Acceptance: Order Cancellations or Refusals: You understand that we may be unable to accept certain orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some reasons that may cause your order to be canceled include limited stock of our products available for purchase, errors in product or pricing information, or issues of verification or accuracy related to your Payment Information. We may also require additional verifications or information from you before accepting any order. We will notify you if any or all of your order is canceled or if additional information is required for us to accept your order. Typographical Errors. If a product is listed at an incorrect price or with incorrect information due to typographical errors, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment methods charged. If you have already been charged for the order and your order is cancelled, we will issue a credit to your account or refund you in the amount of the charge.

 

  1. Feedback:We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing: goodhealth@maghart.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

  1. Ownership, Liability, and Removal of Content: Definition. For the purposes of this Agreement: (i) “Content” means any text, graphics, image, music, software, audio, video, literary work of any nature, and any information or other material posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any information or material that you provide to us or provide to the Services in connection with your use of the Services. User Content Liability. To the extent you provide any User Content, you are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or have all necessary rights, licenses, and consents to use, license, and authorize us to use all intellectual property and other rights to your User Content and to enable our inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. You agree that your User Content will not violate this Agreement or any third-party rights. Removal. We reserve the right to remove any Content from the Services, at any time and without notice, for any reason, including, without limitation, for violation of this Agreement or for any other reason. Ownership. As between you and us, we own all right, title, and interest in and to the Services, including all intellectual property rights therein and thereto, except as expressly provided in this Agreement. Except for the limited rights expressly granted herein, you have no right, title, or interest in or to the Services or any Content.

 

  1. Compliance with Laws. You agree to comply with all applicable laws, regulations, and rules, and to act in accordance with this Agreement and the Terms.

 

  1. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF FORESEEABLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR THE SERVICES AT ISSUE.

 

  1. Indemnification. You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.

 

  1. Termination. We may terminate this Agreement and your access to and use of the Services, at our sole discretion, at any time and without notice to you, for any reason, including, without limitation, for breach of this Agreement. Upon any termination of this Agreement, you must immediately cease accessing or using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

  1. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law provisions. Any dispute arising under or relating in any way to this Agreement shall be resolved exclusively by final and binding arbitration in San Francisco, California, pursuant to the rules of the American Arbitration Association then in effect. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

 

  1. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. We may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

  1. Miscellaneous. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral, regarding such subject matter. No Waivers. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us. Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Headings. The headings and captions in this Agreement are for convenience only and do not affect the interpretation of this Agreement. Contact Information. If you have any questions about this Agreement or the Services, please contact us at goodhealth@maghart.com.

These terms are subject to change and should be reviewed periodically.

  1. Dispute Resolution: The resolution of disputes is typically handled informally through our customer support. If a disagreement persists, both you and the Company agree that any dispute arising from the Services or this Agreement shall be resolved through binding arbitration or in small claims court, according to the provisions outlined below. Each party retains the right to bring an individual action in small claims court or to seek injunctive relief in a competent court to protect its intellectual property rights. Arbitration: Arbitration is a less formal process than a court trial. It involves a neutral arbitrator instead of a judge or jury, allows for limited discovery compared to court, and is subject to very limited review by the courts. Arbitrators may award the same damages and relief as a court. By accepting this Agreement, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that both you and the Company waive the right to a jury trial or to participate in a class action.
    Opt-Out: You may choose to opt out of arbitration entirely and pursue any claims by providing written notice to us via email at goodhealth@maghart.com within thirty (30) days of initially accepting this Agreement.
    Notice of Claim: If you choose arbitration, you must first send the Company a written notice of your claim (the “Notice of Claim”) via email to goodhealth@maghart.com. The Notice of Claim must be clearly labeled “NOTICE OF CLAIM” and include both your postal and email addresses for contact purposes. If the Company chooses arbitration, it will send you a written Notice of Claim via registered mail to your billing address as recorded in our records. A Notice of Claim, whether sent by you or by the Company, must (a) describe the nature and basis of the claim or dispute; (b) state the specific amount of damages or other relief sought (the “Demand”); and (c) indicate whether you reject any future modification of the dispute resolution section by the Company.

 

  1. Contact Information: Questions regarding the Terms of Service should be directed to us at goodhealth@maghart.com