TERMS OF USE
This Terms of Use agreement is entered into by and between You and Phyto Fairy, phytofairy.com (hereafter, “Website”, “Site”, “Company”, “I”, “We”, “Me”, “My”, “Us”, “Our”).
AGREEMENT TO THE TERMS OF USE
These Terms of Use constitute a legally binding agreement between You and Our Company concerning your access to and use of the phytofairy.com website, as well as any other application, media channel, or tool related to the Website.
You understand, acknowledge, and accept that by accessing this Website, you are bound by all of these Terms of Use. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made expressly available to you, you accept and agree to be bound and abide by these Terms of Use.
Privacy Policy
Moreover, your agreement also means that you are agreeing to our Privacy Policy below. Read our Privacy Policy for more detailed information. Our Privacy Policy governs the areas of data collection and how we use and handle such information.
Disclaimer
Your use of our Website is also subject to our Disclaimer. You can read our Disclaimer policy below, which governs the Website. Moreover, the Disclaimer informs users and visitors of the Website of various limitations regarding the information provided on the Website. By agreeing to the Terms of Use, you are also acknowledging and agreeing to the Disclaimer.
The Website is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to use or register for the Website.
If you do not agree with all these Terms of Use, then you must not access the Website, click on any links, or use the Website in any way.
2. ADDITIONS AND MODIFICATIONS TO THE TERMS
We reserve the right to make changes and additions to these Terms of Use from time to time. Any and all changes are effective immediately as soon as we post them on our Website. If you continue using the Website after we post our changes to the Terms of Use, it means that you have read the new Terms of Use and understand, acknowledge, and agree to them.
3. INTELLECTUAL PROPERTY RIGHTS
This Website/Company is our proprietary property unless otherwise indicated. We have complete ownership and control of any source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (hereafter, “Content”) and the trademarks, service marks, and logos contained therein (hereafter, “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
As a visitor and user of this Website, you are given a limited license and are not permitted to break the boundaries of that license.
As a condition of your use of our Website, you agree and acknowledge to not use the Website or any of the resources available for download from the Website for any purpose that is prohibited by these Terms of Use and/or is unlawful. You will not use the Website for any illegal or unauthorized purpose or to advertise or offer to sell goods and services. In addition, you will not engage in unauthorized framing of or linking to the Website; attempt to impersonate another user; interfere with the Website in a way that affects other people’s quality of use of the Website; or attempt to bypass or hack any measures of the Site designed to prevent or restrict access to the Site or to any portion of the Site.
Content belonging to the Company or included on the Website is not for resale. In the case you have permission to download something, such as a freebie, PDF, e-book, guide, etc., you are not allowed to sell it or transfer it to another person.
You will not delete or alter any content or other proprietary rights or notices. The Company and the Website do not grant you any licenses for ownership or proprietary rights.
4. THIRD-PARTY WEBSITES AND CONTENT
Our Website may contain links to other websites as well as articles, blog posts, photographs, quotations, software, and information in general.
Such Third-Party Websites are not monitored or controlled by our Website or Company. Therefore, we are not responsible or liable for any content the Third-Party Websites might show, write, or use. You are clicking on Third-Party Website links at your own risk. Moreover, the instant you click on a Third-Party Website link, these Terms of Use no longer govern those Third-Party Websites.
Indemnification
You agree and understand that we do not endorse the products or services offered by Third-Party Websites. You indemnify us from any harm caused by your purchase and/or use of such products and services.
If you sustain any harm or losses due to your use or purchase of Third-Party Website products or services, you hold us harmless. We are not responsible for your actions or those of Third-Party Websites.
5. CONTENT FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
Any downloads, articles, and resources provided on the Website and through the Website are solely provided for educational and informational purposes only. Nothing provided on and through the Website should be construed as legal, medical, financial, tax, or any other professional advice. You can find detailed information on this inside the Disclaimer.
6. MODIFICATIONS AND INTERRUPTIONS TO THE SITE
We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our discretion without needing permission from anyone and without notice. Furthermore, we have no obligation to update any information on our Site.
We will not be liable to You or any third party if we decide to modify, change, or remove part or all of the content from the Site, change prices, or suspend or discontinue the Site. We cannot guarantee that the Site will be available at all times. We may experience downtime, technical or software difficulties, or we may simply decide to discontinue for whatever reason.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site.
7. GOVERNING LAW
These Terms of Use and your access and use of our Website are governed by and construed in accordance with the laws of the United States and Virginia.
8. BINDING ARBITRATION
If a dispute arises between You and Our Company and/or Website, and if You and Us are unable to resolve the Dispute through informal negotiations, then the Dispute will be finally and exclusively resolved by binding arbitration. Any arbitration will take place in Virginia only. You further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
9. INTERNATIONAL USERS
This Website and these Terms of Use are controlled, operated, and administered by Our Company and Website located in Virginia, United States of America (“USA”). If you access the Website and services from a location outside of the USA, then you are responsible for complying with all the local laws. You acknowledge and agree that you may not access and use this Website and its contents and services in any way, manner, or country prohibited by applicable laws and regulations.
10. NO JOINT VENTURE OR PARTNERSHIP
No Joint Venture or Partnership/Agency relationship is created between You and Us by your access and use of the Website and by these Terms of Use. You further agree that these Terms of Use will not be construed against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the fact that they are not signed by the parties.
11. ENTIRETY OF THE AGREEMENT
You acknowledge, understand, and agree that these Terms of Use, Privacy Policy, and Disclaimer constitute the Entire Agreement between the user and the Company and/or Website.
12. CONTACT US
We welcome you to contact us if you have any questions, concerns, or comments regarding the terms in this agreement.
Phyto Fairy
phytofairy.com
phytofairybotanicals@gmail.com
EFFECTIVE AS OF 07/13/2020
Privacy Policy
Thank you for choosing to be part of our community at Phyto Fairy (Hereafter, “Website”, “Site”, “Company”, “we”, “us,” “our”). Protecting your personal information is of utmost importance to us. If you have any questions, comments or concerns after reviewing this Privacy Policy agreement, please contact us at phytofairybotanicals@gmail.com.
When you visit and use (register, answer surveys, fill out a form, contact us through a form) our Website and services, this means you trust us with your personal information. Therefore, this privacy policy describes how we use the information we collect from you when you use our Website and services and what rights you have in relation to your information.
If you disagree with any terms in this privacy policy, please discontinue your use of our Sites and services.
This privacy policy applies to all the information collected through your use of our Website and services and other third-party tools. By using our Website and/or services, or by clicking “Agree” or “Accept” to the Terms of Use when this option is explicitly made available to you, you acknowledge, accept and agree to be bound by the Privacy Policy terms and to abide by them.
1. WHAT INFORMATION DO WE COLLECT?
Personal Information You Disclose to Us
During your visit and use of our Website and services, we collect certain data that you provide to us when you fill out opt-in forms, contact forms, and surveys, when you purchase products and/or services, and when you enter your information for giveaways and/or competitions.
The personal information that you provide to us can be your name, email address, location, and occupation. Moreover, if you are purchasing products, then you are also providing us with payment and address information. (However, your payment information is not stored in our system because purchases are processed through payment processors.) Therefore, should you have any questions about payment activities and/or information, contact the specific payment processor directly.
Outside of the European Union (“EU”)
If you are outside of the EU and enter your information to receive a freebie, make a purchase, respond to a survey, register for a free training, or participate in a webinar, then we will automatically enroll you to receive our newsletter and updates.
If you do not wish to receive any communications from us, you can opt out by clicking on the unsubscribe link located at the bottom of the emails.
In the European Union
If you are in the EU and opt to receive a freebie or participate in a free training, register for a webinar or live event, or purchase a product, your email address will not be added to the email list to receive our newsletter and updates unless you affirmatively consent to it.
If you change your mind at any point and do not want to receive electronic communication, simply unsubscribe.
If you have trouble unsubscribing by clicking the link at the bottom of the email, simply email us at phytofairybotanicals@gmail.com and request to be unsubscribed from future emails.
Visitors’ Rights Under GDPR
As someone who resides in the European Union, you are entitled to exercise certain rights that you are given under the General Data Protection Regulation (GDPR).
Any information or data that you chose to provide us will be kept with Phyto Fairy until one of these happens: (1) you ask Phyto Fairy to DELETE the information and/or data; (2) Phyto Fairy decides to STOP USING the existing data processors, or (3) Phyto Fairy decides that the cost of retaining the data outweighs the value in retaining it.
As a consumer and/or visitor on our Site who is located in the European Union region, you have the right to request access to your data that Phyto Fairy collected on you and stores it.
You are within your rights to demand to know exactly what data and information Phyto Fairy has collected on you. Keep in mind that some parts of this data was provided by you personally, while others were gathered through cookies and pixels.
You have the right to withdraw consent on a data that you previously gave us consent to collect and process. The right to withdraw consent applies to any future processing of that data. However, any data that has been collected and processed previously based on valid consent is lawful and not subject to liability based on any legal grounds.
You also have the right to request erasure of your data and all your information from MemberVault’s data storage. Once you request that your data be erased from Phyto Fairy’s databases, we have thirty (30) days to comply with your request. If it’s impossible to comply within 30 days, then Phyto Fairy will respond to the Visitor’s request and let them know about the issue and also give them a reasonable time as to when their request for deletion will be honored.
Aside from rights such as request to access, request to delete and rectify, an EU user also has the right to place restrictions on the data processing itself. This means a user can limit certain things that Phyto Fairy can and cannot do with their data. You can choose to limit transfer of your data to third-party businesses (unless it’s essential for Phyto Fairy’s basic functions).
You further have the right to file a complaint with a supervisory authority who oversees and handles issues related to the GDPR.
Lastly, it’s Phyto Fairy’s duty to inform you that we only require information that is reasonably necessary to enter into a contract with you. We do not collect any unnecessary data, and any information we acquire is used for legitimate business purposes such as growing and scaling our business, or being able to provide satisfactory customer service to you and other users.
Information Collected Through Third-Party Sources
During the time you visit and use our Site, certain limited data are collected from public databases, marketing partners, social media platforms, and analytics sources.
The types of data collected about you from other sources are your location, your computer system, which pages you have visited on our Site, how long you spend on each page, your IP address, your country, and possibly even your social media profiles and referrals.
2. CHILDREN’S PRIVACY AND DATA
This Website is not intended for children under the age of 13. We and this Website do not knowingly and intentionally collect any personally identifiable information from children under the age of 13. If you are under 13 years of age, please do not use or provide any information on this Website. Do not use any third parties that might have links present on this Website. Do not provide your name, address, phone number or any payment information.
If a parent or guardian believes that this Website unknowingly collected personally identifiable information from a child under the age of 13 in its database, please contact us at once at phytofairybotanicals@gmail.com, and we will do our best to immediately remove any and all such information from our database.
3. HOW DO WE USE THE INFORMATION WE COLLECT FROM YOU?
Information Collected from You
We use the information we collect from you to send you targeted marketing and promotional communications. If at any time you indicated an interest in a particular field related to our Site, then we and/or our third-party marketing partners may use this relevant information to send you additional communication regarding similar products/services.
If you do not want to receive any marketing and/or promotional communication, you can opt out at any time by UNSUBSCRIBING from either a particular list or topic or from all the emails coming from us by clicking on the unsubscribe button located at the bottom of every email you receive.
Information Collected from Third-Party Apps and Tools
Any information collected from third-party tools is used for statistical and analytical purposes and for evaluating and making improvements to our Site. This automatically collected information will not include personal information data.
4. WILL WE SHARE YOUR INFORMATION WITH ANYONE?
We respect your privacy and the value of your information. We do not share, disclose, sell, lease or rent your information to anyone or any third party without your express consent.
Only under limited circumstances will necessary information be shared with third parties. Here are the situations in which we will share your information:
1. You gave us express consent to do so;
2. You entered into a contract for recurring payments—for this reason, your information will be processed on an as-needed basis to uphold the agreement;
3. Performance of a contract—if you are obligated to pay or perform an action, and you fail, we reserve the right to share necessary information with a third-party company, such as a collection agency or an attorney; and
4. Mandated by law—if legal proceedings are initiated, and there is a subpoena (unlikely, but better to be prepared than surprised).
5. WE MAY USE COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use cookies and other tracking technologies, such as pixels, to collect data on advertisements, website use and information retention.
You can read more about this in our Cookie Policy. Know that by agreeing to our Privacy Policy, you are also agreeing to our Cookie Policy.
5. EMAIL COMMUNICATIONS & POLICIES
If you decide to contact us through email, we reserve the right to retain the content of your email messages, your email address, and our responses.
Your privacy is important to us. Therefore, your email address will never be shared, sold, or leased to any third-party members.
In compliance with the CAN-SPAM Act, any and all communications sent from our Company or Website will clearly state who the email is from, who the email is for, and how to contact the sender.
Furthermore, should you wish to not receive any more emails, you can click on the “Unsubscribe” link located at the bottom of the email.
Contact Us
If you have any questions, concerns, or comments regarding our Privacy Policy, please feel free to reach out to us:
Phyto Fairy/ phytofairy.com
Email Address:
phytofairybotanicals@gmail.com
Effective as of 07/13/2020
DISCLAIMER
Any and all information provided by Phyto Fairy (“we,” “us,” “our,” “my,” “me,” or “I”) on phytofairy.com (“Site” or “Website”) is for general informational and educational purposes only.
This Disclaimer, along with the Terms of Use and Privacy Policy, governs and controls your access to and use of phytofairy.com, including any and all services, content, and functionality offered on or through our Website at phytofairy.com.
We provided all the information and content on our Website in good faith. However, we do not make any warranties of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on our Site.
We are not liable to you at any time for any loss or damage you may have experienced or incurred as a result of the use of our Site or reliance on any information provided on our Site. Your access and use of our Site and reliance on any information on the Site is completely at your own risk.
PROFESSIONAL DISCLAIMER
Our Site cannot and does not contain any legal, medical, tax, financial, health, or any other professional advice. All of the information provided on our Site is for general informational and educational purposes ONLY. You should NOT take any information on our Site as a substitute for professional advice. Before taking action based on any such information, we encourage you to consult with the appropriate professionals.
Your access to, use of, and reliance on any information provided on our Site is solely at your own risk.
DISCLAIMER FOR EXTERNAL LINKS
From time to time, our Site may contain links to other external websites and third parties. Moreover, we may have ads and banners on our Website that contain external links in them to third-party websites, products, and companies. We do not check, control, validate, monitor, or investigate such links for accuracy, adequacy, validity, reliability, availability, or completeness. We do not warrant, endorse, guarantee, or assume responsibility for any information or product offered by third-party websites. If you choose to click on links and be taken to an external website belonging to a third party, then you and only you are responsible and liable for your actions should you suffer or incur any harm or loss.
WE MAKE NO GUARANTEES
You acknowledge and agree that our Company and Website have not made any guarantees about the results of taking any action. Regardless of whether a product or service is recommended, we absolutely do not make any guarantees as to the results. You understand and agree that what works for one person might not work for another person. Moreover, results are dependent on many different factors, and we cannot make any guarantees. Whether you will succeed or fail is ultimately dependent on your own efforts, your particular situation, and numerous other circumstances that are beyond our control.
AFFILIATE DISCLOSURE
Our Website may contain links to affiliate websites. When and if you click on an affiliate link and make a purchase through that link, we will receive commission for any purchases made by you on the affiliate website using such links. Purchases you make through our affiliate links are at no additional cost to you. This means you will pay the same price for the purchase as everyone else.
Whenever we include an affiliate link on a page or post, we will let you know in advance so that you are aware that if you choose to click on the link and make a purchase, then we will receive a commission from that purchase.
Here at Phyto Fairy, we like to be completely transparent with our viewers and readers. For that purpose, here is a complete list of our affiliates:
None at this time
TESTIMONIAL DISCLOSURE
Our Site may contain testimonials by actual users of our products and/or services. These testimonials reflect the actual user’s true and own opinions and experiences. We do not pay or manipulate these testimonials. They appear on our Website verbatim as given to us by the users, except for the correction of grammar or typing errors.
However, you agree and understand that the experiences are personal to those particular users, and these experiences may not be representative of everyone’s experience with that product and/or service. Your individual results may vary.
CONTACT US
We welcome you to contact us if you have any questions, concerns, or comments regarding the terms in this agreement.
Phyto Fairy
phytofairy.com
phytofairybotanicals@gmail.com
EFFECTIVE AS OF 07/13/2020