Welcome to Cactus Juice

 

This website terms of service has been created to comply with the European Union General Data Protection Regulation (GDPR) that was enforced on May 25, 2018, and the new California Consumer Protection Act (CCPA) law on Data Protection

 

These Terms of Use apply to this www.CactusJuice.com that links to these website, operated or otherwise made available by Cactus Juice (collectively referred to as the “sites”). Cactus Juice (“Cactus Juice”, “we”, “us”, or “our”) reserves the right, at our discretion, to change, modify, add, or remove portions of these terms of use at any time. Please check these terms of use periodically for changes. Your continued use of the sites following the posting of changes to these terms of use will mean you accept those changes. Additional terms and conditions may apply to the purchase of products and services.

These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”).

 

Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Websites and the Contents immediately.

 

Eligibility, Representative, Account Ownership

 

The Services found at this Site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, You represent and warrant that You are

(i)               at least eighteen (18) years of age and/or

(ii)             Otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that You are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Cactus Juice is legally prohibited to provide the Services

 

Customer shall designate a point of contact for Customer’s account (a "Representative"). Customer’s Representative shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that Cactus Juice may rely on representations made by Customer’s Representative. Customer may change its Representative at any time by giving written notice to Cactus Juice in accordance with the notice provisions of this Agreement. Cactus Juice is under no obligation to accept instructions from anyone other than the Representative. Notwithstanding the foregoing, Cactus Juice shall not be liable for any loss or damage resulting from Cactus Juice’s reliance on any instruction, notice, document or communication reasonably believed by Cactus Juice to be genuine and originating from an authorized representative of Customer’s corporate entity.

 

If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Cactus Juice reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit Cactus Juice to protect the quality of its products and services, you hereby consent to Cactus Juice staff being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse.

 

Ordering Process and Order Confirmation

 

Your order via our online purchase order form constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. All communications will be addressed to the email address you supply when you register.

 

By placing an order for the delivery of goods via this Website:

• For orders fulfilled by Cactus Juice, for delivery destinations within the US are the only orders which qualify for shipping discounts
• You may select items from our range of products, details of which will be added to the "Shopping cart" by clicking on the "Add to cart" button. Before placing an order you can view and amend your order details at any time by clicking on the "Shopping cart".

 

By clicking on "Pay by Card" (or equivalent button for other payment methods) at Checkout, you submit an offer to buy the goods in the Shopping cart.

 

Once you have placed an order for goods (and delivery if applicable) you will receive a confirmation that your order has been received (see below).

You will automatically be sent an email confirming receipt of your order (the "Confirmation Email") with a summary of the details of your order, which we recommend you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that Cactus Juice has received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact our Customer Care Team.

 

Cactus Juice will send a second email when we dispatch your goods which shall constitute our acceptance of your order (the "Acceptance Email") at which point a binding contract of sale for products will be concluded between you and us.

We will retain a record of all orders accepted by us.

 

User Conducts for Using the Website

 

By using this Website, the Online Content, Tools and materials, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to its Contents by anyone under the age of 18 is strictly prohibited.

 

Your use of and access to this Website and the Contents are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

 

1. You agree to use the Website and access the Contents only for lawful purposes and your use of the Website and Contents is in no way unlawful or fraudulent;
2. You agree not to use or access the Website or the Contents for the purpose of harming or attempting to harm minors in any way;
3. You agree not to distribute all or any part of the Website or Contents in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation
4. You agree not to alter or modify any part of the Website or the Contents;
5. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Contents;
6. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
7. You agree not to use or access the Website or Contents for any commercial uses or for the benefit of any third party, including but not limited to:

 

1. the sale of access to the Contents or any associated content;
2. the solicitation of business in the Service of trade or in connection with a commercial enterprise; and
3. the solicitation of any Visitors or Users of the Website with respect to their content for commercial purposes;
4. You agree to use the Website and access the Contents in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Contents;
5. You agree not to ask for, collect or harvest any personal data of any Visitor or Users of the Website or Contents;
6. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
7. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website or app (including without limitation the Contents) for any other purpose other than as permitted by these Terms without our prior written consent;

 

Prices, Delivery Charges and Payment

The price of a product shall be as stated on this Website at the time you place your order except in the case of obvious error. We try and ensure that all prices on our Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken; or if payment has already been taken, it will be refunded.

We offer ‘free delivery’ on all orders fulfilled by Cactus Juice over a set threshold. The US threshold is $25. To view thresholds for other countries please send us a message. Additional premium delivery options may be available depending on your location.

For orders fulfilled by our Concession Brands, please view the dispatch timescales, delivery timescales, and delivery charges and returns information on the specific product page. Delivery options and charges will be set up by each Concession Brand and you will be able to select these on the ‘Order Summary’ page when you checkout.

The available methods of payments are displayed on the Website at checkout. Payment will be debited from your account at the point you confirm your order.

You confirm that the payment credentials being used are yours. Your payment credentials will be subject to validation checks and authorization by our payment processing provider.

We are not responsible for your payment credentials issuer charging you as a result of our processing of your payment in accordance with your order

 

Resale of a product

 

You may not sell or resell any of the products or services, or any samples that you may receive from us.

 

Recommendations

 

Cactus Juice personnel may from time to time recommend third-party software or other products and services for your consideration. Cactus Juice MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM Cactus Juice, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH Cactus Juice SOFTWARE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services

 

Posted Materials

 

Throughout your use of the website and Cactus Juice resources, you may be able to provide content to the Website by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).

 

We do not claim ownership of any User Content you may submit or make available for inclusion on the website or Cactus Juice Contents. Accordingly, subject to the licence granted to us and any applicable affiliates, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. Prickly Pear Skin Care LLC Cactus Juice nor its representatives are responsible for this content.

 

ANY USER CONTENT THAT YOU UPLOAD, POST OR OTHERWISE TRANSMIT VIA the WEB SITES, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY.  Any and all User Content may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  Including, but not limited to, improving Services, and/or developing curriculum for future Services without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.

YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT THAT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY CACTUS JUICE, CACTUS JUICE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AND OTHER ATTENDEES OF THE SERVICE PROGRAM

 

 

License to Use

 

Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license:

 

1. to access, internally use and display the website and Cactus Juice Contents as an individual only at your location solely as necessary to browse and/or participate in the Tools and provided by Cactus Juice
2. You must abide by all copyright notices or restrictions contained on the Website or Cactus Juice Contents. You may not delete any attributions, legal or proprietary notices on the Website or Cactus Juice Contents.
3. Users are not allowed to download any of our material, anyone found guilty of this will have his account and services cancelled and also will be reported to the appropriate authority.

 

Copyright Policy

 

Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on Cactus Juice's network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:

How to Report a Claim of Infringement:

If you believe a Cactus Juice client and/or end user has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to Cactus Juice and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice):

 

• A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cactus Juice to locate the material.
• Information reasonably sufficient to permit Cactus Juice to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

 

You may mail this letter to:

 

Cancellation, Returns and Refunds

 

You have certain rights under the law. These include:

• that any products supplied by us or a Concession Brand will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website;

• certain remedies if a product is defective; and

• You have a right to cancel your order within 14 days, beginning the day after the day on which you receive the product, and to receive a full refund, even if the product is not defective. This right is subject to certain conditions and exceptions (see "Return of non-faulty goods" below);

• Cancellation can be communicated by visiting Return Form on our website

 

If you have registered your return using our returns service and only have the option to 'self-post' or if you are returning an electrical product within guarantee, please forward us your returns receipt and we will reimburse the returns postage up to a maximum of $10.

Please return the Product in suitable packaging to ensure it reaches us in good condition.

Please ensure that you also return any free gifts that are associated with your return items or the related order. If the free gift isn’t returned, then we reserve the right to deduct the value of the free gift from your refund.

Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.

Return of non-faulty goods

We hope you will be happy with your purchase from us. If not, you have the right to return the product to us and receive a full refund, providing:

• you notify us in writing that you are cancelling your purchase within 28 days, beginning the day after the day on which you receive the product;

• you have taken reasonable care of the product prior to return - in particular this means they must not have been damaged. Items can only be returned for a refund if they are unopened, unused and in a re-saleable condition with all tamper-resistant seals, packaging and any cellophane intact. We recommend a photograph is taken of the item prior to returning it if you are concerned about damage during its return journey;

• you may give us notice of cancellation by any written means (including email or letter),

Please return the Product in suitable packaging to ensure it reaches us in good condition.

Please ensure that you also return any free gifts that are associated with your return items or the related order. If the free gift isn’t returned, then we reserve the right to deduct the value of the free gift from your refund.

Please note that we do not accept returns of personalized products.

If you have registered your return using our returns service and only have the option to 'self-post' or if you are returning an electrical product within guarantee, please forward us your returns receipt and we will reimburse the returns postage up to a maximum of $10.

Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.

Please note that we reserve the right not to accept orders from customers with unusual or suspicious returns behavior

Privacy and Security

 

We respect your right to privacy. Please see our Privacy Policy and Cookies Policy for full details.

 

Our Legal Obligations and Our Limitation on Liability

 

For orders fulfilled by Cactus Juice, we accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights.

If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.

Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Website.

We are not responsible for:

• Losses not caused by our breach;

• Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement, for example loss of profits or loss of opportunity;

• Failure to provide the Website or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control;

• Loss of revenue;

• Loss of business.

"Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Website or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God

Links to third parties web Sites

 

The Website may contain links to teaching materials from other sources on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

 

-      We have no responsibility for the accuracy or availability of information provided by Linked Sites; and

-      We do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.

-      We may remove any links to Linked Sites from the Website at any time for any reason.

-      We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.

-      We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.

 

Intellectual Property Rights

 

All Intellectual Property Rights in any information or Service materials supplied by Cactus Juice are, and remain, the intellectual property of Cactus Juice, whether adapted, written for or customized for an individual taking a Service or not.

 

No individuals are authorized to:

 

-      Copy, modify, reproduce, re-publish, license, sell, upload, broadcast, post, transmit or distribute any material provided from Cactus Juice sites without prior written permission;

-      redistribute/resell/use any material provided by Cactus Juice

-      Remove any copyright or other notice of any materials provided by Cactus Juice; modify, adapt, merge, translate, disassemble, decompile, any software forming part of any material by Cactus Juice.

 

Breach of any intellectual property rights shall allow Cactus Juice to terminate these terms and conditions, and commence any legal action as it deems necessary. Cactus Juice also has the right to disclose any user identity to any third party who is claiming that any material posted or uploaded by you to the Cactus Juice website constitutes a violation of their intellectual property rights, or of their right to privacy.

 

Any request for permission to use our content or images, or other use of our intellectual property not authorized under a subscription, should be made by emailing us at

orders@cactusjuicetm.com. With the exception of personal information, the use of which is covered by data protection, any material you send or post to Cactus Juice shall be considered nonproprietary and non-confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

 

Your Liability to Us

 

You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

 

-      You submitting user Content to the Website or participating in the Tools and

-      Your access to or use of the Website or Cactus Juice Services;

-      Your breach of any of these Terms; and

-      Any negligent act or omission, deliberate default or breach of statutory duty on your part.

-      Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

 

Severability

 

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Exclusion of Liability

 

Cactus Juice is not liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of Cactus Juice website. This exclusion covers all servicing, costs, indirect or consequential loss, and whether in tort or contract or otherwise in connection with Cactus Juice website.

 

Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United States.

 

Electronic Communications

 

For contractual purposes, you (1) consent to receive communications from Cactus Juice in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cactus Juice provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

Children’s Privacy Policy (COPPA)

 

Cactus Juice respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 18. This Site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide tools and to children under 18 years of age except as permitted by COPPA. However we may provide our service to children under 18 years of age but in supervision of a parental guardian.

 

Dispute Resolution

 

Law and Forum for Legal Disputes

 

Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Promotion Terms, any Rewards Offer or these Terms shall be resolved individually, without resort to any form of class action, and exclusively by the Arbitration

 

Injunctive Relief

 

You acknowledge and agree that any violation or breach of the Terms may cause Cactus Juice immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Cactus Juice reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Cactus Juice in law or in equity, Cactus Juice may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

 

Waiver of Jury Trial

 

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY

 

No Reliance

 

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.

 

Entire Agreement

 

This Agreement is the entire agreement between the user and Cactus Juice and supersedes any prior understandings or agreements (written or oral).

 

Copyright Complaints

 

Cactus Juice and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.

 

Copyright License

 

Copyright (C) 2020 (S) Of First Publication Cactus Juice

 

Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Cactus Juice website and the material on our website; and

 

All The Copyright And Other Intellectual Property Rights In Cactus Juice Website And The Material On Our Website Are Reserved.

 

Data Protection Policy

 

This Policy Intends To Provide The Visitors Of (Hereinafter: Website) With Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To The US GDPR Data Processing Act. We Process Your Personal Data In Accordance With Our Privacy Policy

 

Governing Law and Jurisdiction

 

These Terms And Condition And Your Use Of Cactus Juice Website Are Governed By the Texas Supreme Court. Including That Required By The European Union GDPR Regulation, Each Party Shall Apply To The Texas Supreme Court Which Holds The Jurisdiction On The Disputes Without Regard To Conflict Of Law Provisions.

 

Cactus Juice May Assign Or Delegate These Terms And Condition And/or Cactus Juice Privacy Policy, In Whole Or In Part, To Any Person Or Entity At Any Time With Or Without Your Consent. You May Not Assign Or Delegate Any Rights Or Obligations Under The Terms And Condition Or Privacy Policy Without Cactus Juice Prior Written Consent, And Any Unauthorized Assignment And Delegation By You Is Void.

 

Any Disputes Relating To These Terms And Conditions Shall Be Subject To The Exclusive OR Non-Exclusive Jurisdiction Of the Texas Supreme Court.

 

Complaints

 

If You Have Any Questions About These Terms & Condition, Please Contact Us at Email orders@cactusjuicetm.com