Effective July 21, 2016
PINK AURA CLUB ( "PAC") shall include, without limitation, use of the PINK AURA CLUB website, purchase of a PINK AURA CLUB Subscription or Box (defined below), including the goods and/or services included therein and any additional goods or services PINK AURA CLUB performs for you via the PINK AURA CLUB website.
TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME PINK AURA CLUB reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on the PINK AURA CLUB website at http://www.PINK AURA CLUB.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these Terms as modified. PINK AURA CLUB may change, suspend or discontinue the Services at any time. PINK AURA CLUB may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
REGISTRATION You will be required to register with your email address ("User ID") and select a password to use the website services. You may not (i) use a name or email of another person with the intent to impersonate that person. You shall provide PINK AURA CLUB with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. PINK AURA CLUB reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register and purchase a Subscription by providing your information on the website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the "unsubscribe" link in the email or by contacting us at support@PINK AURA CLUB.com.
YOU ARE PURCHASING AN AUTO-RENEWAL SUBSCRIPTION Unless you are purchasing a stand-alone Special Edition or Gift Collection Box or a one-time Gift Subscription for someone else, all Subscriptions automatically renew as described below unless cancelled in accordance with these Terms - See CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS below. Through the PAC you may purchase a subscription to receive bi-monthly shipments of curated items and/or single purchase premium edition offerings PINK AURA CLUB may provide from time to time (each, a "Box"). In addition, PINK AURA CLUB may offer certain premium edition offerings, which include Special Edition and Gift Collection Boxes that are available for stand-alone purchase. The various subscription types available (each, a "Subscription"), and the pricing for each, are described here:http://www.PINK AURA CLUB.com. Subscriptions are available in a variety of lengths (each, a "Subscription Term"). Initial Order. Your Subscription will begin depending on which Box is available for sale at the time of your initial order. For example, if you subscribe by the 18th of the month, your box will ship out between 20-23rd of the month.
Auto-Renewing Subscriptions. After your initial order and receipt of your first Box, PINK AURA CLUB expects to ship subsequent bi-monthly Boxes between 20th – 23rd of each calendar month, or the following business day if the projected shipment date is a holiday. • Bi-monthly Subscription: If you have chosen a bi-monthly recurring Subscription type ("bi-monthly Subscription"), for your first month PINK AURA CLUB will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent month, you will be charged on the 1st of every other month, before your order is shipped. • Long-Term Subscription: If you have chosen a Subscription of longer than bi-monthy, for example, a 6-Month Subscription- 3 boxes shipped bi-monthly ("Long-term Subscription"), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Long-term Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS section below. On the last month of the Subscription Term, if the Long-term Subscription is not cancelled or changed, the Subscription will auto-renew at the end of the Subscription Term for the same term. For example, if you sign up for the 6months Subscription, it will auto-renew for another 3 boxes (6 months) at the end of the term unless you cancel or change your subscription before the renewal. Gift Subscriptions. You may purchase and designate a purchase of a stand-alone Box or any Subscription as a "gift" for someone else during your order process ("Gift Subscription"). A Gift Subscription does not automatically renew and will terminate at the end of its initial Subscription Term.
CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS At the end of a Subscription Term, your Subscription will automatically renew for additional two-month Subscription Term(s), unless you log in to your Pink Aura Club account and cancel your Subscription at any time prior to the first day (1st) of the month. For example, should you log in to cancel your Subscription on January 31st, you will not incur any charges for the month of February, thereby ending your then-current Subscription Term in January. Should you log in and cancel your Subscription on February 1st, you will be charged and receive the next Box and then your Subscription Term ends and it will not renew in April. PINK AURA CLUB may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event PINK AURA CLUB needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
YOU MUST PROVIDE ACCURATE INFORMATION PINK AURA CLUB will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to the first (1st) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or PINK AURA CLUB is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you believe you have purchased a Subscription in error, please contact us immediately at support@PINK AURA CLUB.com.
PRICING MAY CHANGE PINK AURA CLUB reserves the right to change the prices, shipping, and available Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
USE OF PROMOTIONAL CODES PINK AURA CLUB may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the PINK AURA CLUB website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions unless noted otherwise. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by PINK AURA CLUB at any time in its sole discretion.
NO RETURNS OR SUBSTITUTIONS The contents of each Box are curated by the trendsetters at PINK AURA CLUB. We do not allow returns or substitutions of anything in your Box. Should PINK AURA CLUB decide to honor a return as determined in its sole discretion, we will either send you a pre-paid label to return the Box and deduct the cost of shipping from your refund amount, or we will request that you return the Box using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
DAMAGED OR INCOMPLETE CONTENTS If you receive a Box with damaged or incomplete contents, please contact us at support@PINK AURA CLUB.com within 14 days following shipment of your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product.
DISCLAIMER OF WARRANTIES Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While PINK AURA CLUB makes reasonable efforts to ensure that the information on the website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the website and/or contained in your Box. PINK AURA CLUB makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, PINK AURA CLUB disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.
SWEEPSTAKES PINK AURA CLUB may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who will be eligible to receive a special prize to be included in a Box prior to shipment (a "Pink Aura Club Sweepstakes"). NO PURCHASE IS NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OR DECLARATION OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED.
Only Pink Aura Club Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia are eligible. Any Pink Aura Club Subscription holders who are employees of PINK AURA CLUB are ineligible to receive a prize. Notwithstanding the foregoing, you do not have to be a Pink Aura Club Subscription holder to be eligible to receive a prize. Regardless of method of entry, there is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, PINK AURA CLUB will conduct a drawing to select the potential prize winners who shall be randomly selected from all Pink Aura Club Subscription holders and entries from the Alternative Method of Entry. All winners of a prize shall be responsible and liable for all federal, state and local taxes on the value of their prize. The decisions of PINK AURA CLUB are final and binding in all matters relating to any Pink Aura Club Sweepstakes. PINK AURA CLUB reserves the right, in its sole discretion and without notice, to suspend or cancel any Sweepstakes.
RELEASE OF CLAIMS You hereby release PINK AURA CLUB, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU ARE AGREEING TO BINDING ARBITRATION Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and PINK AURA CLUB agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act. You and PINK AURA CLUB agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Services or any aspect of the relationship between you and PINK AURA CLUB. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled "BINDING ARBITRATION" shall be null and void. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PINK AURA CLUB OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND PINK AURA CLUB'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WAIVER AND SEVERABILITY The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. PINK AURA CLUB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PINK AURA CLUB's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
GOVERNING LAW AND CHOICE OF FORUM This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Pennsylvania.
ENTIRE AGREEMENT You and PINK AURA CLUB agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
NO AGENCY; NO ASSIGNMENT This Agreement is not assignable, transferable or sublicensable by you except with PINK AURA CLUB's prior written consent. PINK AURA CLUB may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind PINK AURA CLUB in any respect whatsoever.
SURVIVAL OF TERMS All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or PINK AURA CLUB, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
CONTACT US WITH QUESTIONS Should you have any questions regarding these Terms you may contact us by email at support@PINK AURA CLUB.com.