TERMS AND CONDITIONS
AGREEMENT TO TERMS AND CONDITIONS
USE OF THIS WEBSITE
Certain functions of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at My Account.
Product Information and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain colors, measures and similar descriptions may be approximate and are provided for convenience purposes only. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.
Submission of Your Order
Acceptance of Your Order
You will not be charged until your order is verified and payment has been authorised. However, Coco and Mint reserves the right to decline your order at its sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Refunds and Exchanges
We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unused merchandise within 14 days of delivery. This excludes clearance items, which may not be returned or exchanged. Please see our returns and exchange policies.
Contests and Promotions
RESTRICTIONS ON USE OF THE WEBSITE
Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
Harm or exploit children;
Advocate illegal activity or an intention to commit an illegal act;
Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
Email or transmit content that constitutes a “pyramid” or similar scheme;
Email or transmit content that infringes on the intellectual property or the right of any entity or person;
Advertise or otherwise engage in any commercial endeavor without Coco and Mint’s explicit, written permission;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website.
INFORMATION YOU PROVIDE TO COCO AND MINT VIA THIS WEBSITE
Limitations on Information Submitted
Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:
It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at firstname.lastname@example.org);
It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material and provide proper attribution to the copyright owner);
It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
It may not contain trade secrets (unless you own them or have the owner’s permission to transmit them);
It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
You may not solicit money, investments or make any offering of securities or investments;
You may not submit chain letters or pyramid schemes; and
You may not submit opinions or notices, commercial or otherwise.
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
MONITORING OF INFORMATION
Coco and Mint does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
Coco and Mint will enforce its rights to the fullest extent of the law, including by seeking criminal prosecution.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Care and select ‘Privacy’ as the argument in the appropriate form.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) 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 Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:
THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ERRORS AND INACCURACIES
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.
The sections on indemnification, limitation of liability, and disclaimer of warranties do not apply to New Jersey residents.
All rights not expressly granted herein are reserved.
CHANGES TO TERMS AND CONDITIONS
CocandMint.com may periodically update this Terms and Conditions for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting our website you agree to accept any changes made to this policy.
Last Updated: November 1, 2016
YOUR PRIVACY RIGHTS
COLLECTION AND USE OF PERSONAL INFORMATION
Personal information is data that can be used to identify or contact a single person. CocoandMint.com recognizes that it must maintain and use customer information responsibly. You are not required to provide the personal information that we have requested. If you choose not to do so, in many cases we will not be able to provide you with requested products, services or information.
What Personal Information We Collect:
We collect, store, and use information that you provide directly to us and information we acquire from third parties, each as detailed immediately below.
Information We Acquire From You Directly.
We acquire information from you when you create an account, purchase a product, contact us, or participate in any questionnaires or contests. Through these channels, you might provide us with information about you, including, your name, mailing address, phone number, email address, contact preferences, genders, birthdays and marketing preferences.
When you share your content with family and friends using Coco and Mint products, send gift cards and products, Coco and Mint may collect the information you provide about those people such as name, mailing address, email address, and phone number. Coco and Mint will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.
Information We Acquire from Third Parties
We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties to prevent fraud or for advertising and marketing purposes.
We may also acquire other information about you when you interact with third party social media features that are enabled on Coco and Mint website. This information may be collected by us or our third party partners through log files and may include your city and country location, your IP address, your browser, mobile device or other device, a unique identifier for your browser or device and details of your usage such as your preferences, “pins” and “likes”.
Another example would include confirmations that we receive when you open an email from us, if your computer or other device supports that function.
How we use your personal information
We use the information we collect internally in our business for many business purposes, each as detailed immediately bellow.
The personal information we collect allows us to keep you posted on our latest product announcements and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for anti-fraud purposes.
We may use your personal information to verify identity, assist with identification of users, and to determine appropriate services.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Coco and Mint, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
If you enter into a contest, or similar promotion we may use the information you provide to administer those programs.
SHARING YOUR PERSONAL INFORMATION
Coco and Mint does not sell, rent, lease or otherwise share or trade your personal information to outside parties. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
PROTECTION OF PERSONAL INFORMATION
Coco and Mint takes the security of your personal information seriously. We believe in providing a safe and secure experience for all of our online visitors. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information. When ordering with us, we undertake steps to secure our customers personal information. On CocoandMint.com, we employ 128-bit Secure Sockets Layer (SSL) technology that encrypts all of your private information when placing an order and transmitting that information to our payment gateway provider for authorisation. The payment gateway provider is required by law to keep this information confidential. We do not store any of your personal financial information on our servers. While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
YOUR CHOICES ABOUT THE INFORMATION WE COLLECT
If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails.
ACCES TO PERSONAL INFORMATION
If Coco and Mint, or substantially all of its assets, were acquired, or in the event that Coco and Mint goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that any acquirer of Coco and Mint may continue to use your personal information only in accordance with this Privacy Notice.
THIRD-PARTY SITES AND SERVICES
Occasionally, at our discretion, we may include or offer third-party links, products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. We encourage you to learn about the privacy practices of those third parties.
Social Media Widgets
Our site includes social media features, such as the Facebook Like button, Google Plus, Pinterest and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
Social Media Ads
We may display targeted ads to you through social media platforms. These ads are sent to groups of people who share traits, such as likely commercial interests and demographics. We do not share any of your personal information, including your shopping history, with social media platforms. See the policies of each social media platform for additional information about these types of ads.
Please note that when you upload or transfer your picture or an image (the “Image”) to a social media site, such as Instagram, with the hashtag CocoandMint (#CocoandMint) or one of the many other hashtags employed by Coco and Mint, Ltd. (collectively, the “Hashtags”) there is a possibility that the Image may be selected by Coco and Mint, Ltd (“Coco and Mint”) or one of its affiliates, agents, retail partners or licensees (collectively, the “Affiliates”) for publication on the www.CocoandMint.com website or on other advertising and social media venues. Accordingly, by uploading an Image to a social media site or any other internet picture platform using one of the Hashtags, you hereby grant to Coco and Mint and its Affiliates an irrevocable, worldwide, royalty free right and license in perpetuity to use such Image including, but not limited to, your likeness, name and biographical information depicted in such Image (collectively, the “Rights”) in connection with Coco and Mint’s and its Affiliates’ websites and all other advertising and social media venues regularly used by Coco and Mint and its Affiliates without any further notice to you or compensation for such Rights. You hereby represent and warrant that (i) you own all rights in and to your Images, (ii) you have permission from all person(s) appearing in your Images to grant the rights granted herein; (iii) you are not a minor, (iv) Coco and Mint’s and its Affiliates’ use of your Images as described herein will not violate the rights, including but not limited to copyright, trademark, privacy or publicity rights, of any third party or any law, and (v) the Images are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or offensive. You hereby release, discharge and agree to hold Coco and Mint and its Affiliates’, and any person acting on their behalf, harmless from any liability related in any way to their use of your Images. In the event that you wish to terminate your license for such Rights at some future date, please contact Legal@cocoandmint.com, at which point such written E-mail notification shall constitute your legal right to terminate the license for the Rights on 14 days notice and Coco and Mint will exercise its reasonable commercial efforts to remove your Image within such 14-day period.
If you are visiting the Website from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.
Last Updated: November 1, 2016