Terms & Conditions

The domain name www.justhuman.shop is owned and operated by Swanrose Inc. having our registered address at 751 N Spaulding Ave, West Hollywood, 90046, CA (hereinafter referred to as "Swanrose" or "We"or Us"). 

The terms "Swanrose", "We" / "Us" / "Our"/”Business” individually and collectively refer to Swanrose India Private Limited/ JustHuman  and the terms "Visitor” ”User” or "You" refer to the users.

This Terms of Service applies to the main website www.justhuman.shop. 

The terms "We" / "Us" / "Our"/”Business” individually and collectively refer to SwanroseIndia Private Limited/ JustHuman  and the terms "Visitor” ”User” or "You" refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). By mere accessing or using the website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

 OWNERSHIP OF RIGHTS

The "Justhuman" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks of Swanrose. We expressly reserve all intellectual property rights in all text, images, programs, products, processes, technology, content and other materials which appear on this Website.

Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Swanrose intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Swanrose.

 

 

SMS / MOBILE / TEXT MAKETING

By signing up via text or via the website forms, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Swanrose Inc at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.

Swanrose Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

 

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. Message and data rates may apply. 

 

 

User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

 

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

 

 

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

 

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at unitedstatesjusthuman@gmail.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

 

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carrier is not liable for delayed or undelivered mobile messages.

 

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

 

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

 

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

 

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

   Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

   Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

  Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in California before one arbitrator.

 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Swanrose Inc. principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

 

 

USE & ACCURACY OF CONTENT

All precautions have been taken by us to provide accurate data and information in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described.

The weights, dimensions and capacities given are approximate only. We have made every effort to correctly display the colours of the products that appear on the website.

All logos, brands, marks headings, labels, names, signatures, numerals, shapes, processes, technology, content, illustrations, designs or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the written permission of the business and its licensors. You may not modify, distribute or re-post anything on this website for any purpose.

ORDERS & SHIPPING

All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer. Once your order has been placed, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

WEBSITE USAGE RESTRICTIONS

Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,

(1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access,

(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or

(4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

(5) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or

(6) using or attempt to use any engine, software, tool, agent or other device or mechanism

Swanrose and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Visitors may not use the Web Site in order to transmit, distribute, store or destroy material:

(a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or

(c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SWANROSE, THE SITE, THE SITE CONTENT, USER CONTENT, THE MATERIALS CONTAINED THEREIN, THE PRODUCTS AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWANROSE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PRODUCTS, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. SWANROSE DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, USER CONTENT, MATERIALS IN THE SITE, THE PRODUCTS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT, USER CONTENT OR ANY PORTION THEREOF.

SWANROSE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO SITE CONTENT, PRICING, TEXT OR PHOTOGRAPHY. WHILE TULA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, THE SITE CONTENT, THE PRODUCTS AND THE SERVICES SAFE, SWANROSE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

 

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, Swanrose and its affiliate or group entities, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.justhuman.shop or their breach of the terms. 

THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Justhuman website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

LIABILITY   

User agrees that neither Swanrose nor its affiliates/associates, partners, officers or employee shall be liable for any direct and/or indirect and/or incidental and/or special and/or consequential and/or exemplary damages, resulting from the use and/or the inability to use the service and/or for cost of procurement of substitute goods and/or services or resulting from any goods and/or data and/or information and/or services purchased and/or obtained and/or messages received and/or transactions entered into through and/or from the service and/or resulting from unauthorized access to and/or alteration of user's transmissions and/or data and/or arising from any other matter relating to the service, including but not limited to, damages for loss of profits and/or use and/or data or other intangible, even if Swanrose has been advised of the possibility of such damages.

User further agrees that Swanrose shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental and/or special consequential and/or exemplary damages, whether such interruption and/or suspension and/or termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Swanrose shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Swanrose's total liability to the User for all damages and/or losses and/or causes of action exceed the amount paid by the User to Swanrose, if any, that is related to the cause of action.

 

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Swanrose or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

TERMINATION

These Terms & Conditions are effective unless and until terminated by either you or Swanrose. You may terminate the Terms & Conditions at any time, provided that you discontinue any further use of this Site. Swanrose may terminate the Terms & Conditions at any time and may do so without notice, and accordingly deny you access to the website, such termination will be without any liability to the website.

GENERAL

You acknowledge and agree that these Site Terms constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Swanrose reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, do not use this site.

Nothing contained in these Site Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions. 

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This website is for informational purposes only and is not a substitute for medical advice, diagnosis, or treatment.