Welcome to Syll Botanics. We provide services subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.
PLEASE NOTE THAT THE INFORMATION WE PROVIDE ABOUT SKIN AND BODY CARE ON THIS WEBSITE IS SOLELY FOR EDUCATIONAL PURPOSES AND SHOULD NOT BE TAKEN AS MEDICAL ADVICE. NONE OF OUR PRODUCTS HAVE BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IF YOU HAVE A SPECIFIC MEDICAL CONCERN, PLEASE CONSULT WITH A LICENSED MEDICAL PROFESSIONAL FOR PERSONALIZED CARE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE SERVICES.
1. General. Syll Botanics is a United States Limited Liability Company organized in the State of Colorado (“Syll Botanics”) and provides this website to allow you to order products and learn about related information. For purposes of this Agreement, the term “You”, or “Your”, means you, as an individual user, and the terms “Website” or “Website Services” means the products, software, services, websites, and content provided, pursuant to this Agreement, to You by Syll Botanics.
2. Your Use of the Website. In consideration of Your access to and use of the Website, You represent that You are of legal age to form a binding contract and are not a person barred from accessing and using the Website under the laws of the United States or of any other applicable jurisdiction. You agree to use the Website only for those purposes that are permitted by (a) this Agreement and (b) by applicable law, regulation, or generally accepted practices in the relevant jurisdictions. You also agree to (a) provide true, accurate, current, and complete information about Yourself as prompted by the Syll Botanics’ order fulfillment form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3. Access. If You provide any information that is untrue, inaccurate, non-current or incomplete, or Syll Botanics has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Syll Botanics may suspend or terminate Your account and refuse to provide services or products to you. You also understand and agree that Your use of Website may include certain communications from Syll Botanics (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the Website Services and You will not be able to opt-out of receiving them unless Your account on Syll Botanics is either terminated or otherwise suspended and You follow the instructions for opting out of such communications.
4. Provision of the Website. You acknowledge and agree that Syll Botanics may provide the Website through one or more subsidiaries, affiliates, employees, agents, or other third parties. Furthermore, You acknowledge and agree that Syll Botanics may modify or cease to provide (permanently or temporarily) all or any portion of the Website Services from time to time without prior notice to You. In the event that Syll Botanics stops providing or terminates (or otherwise suspends) Your right to use the Website Services, then You may be prevented from accessing the Website Services, the details of Your account, past orders, and any files or content contained in Your account.
5. Restrictions on Use. Syll Botanics’ Website Services are designed and intended for online shopping and product information by the registered user. You shall use the Website Services strictly in accordance with this Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website Services; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website Services or any material provided to You in connection with the Website Services; (c) violate any applicable laws, rules or regulations in connection with Your access to or use of the Website Services, (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Syll Botanics or of its affiliates, partners, agents or its licensors of the Website Services; (e) reproduce, duplicate, sell, trade, or resell the Website services; (f) use the Website Services to send automated queries or any unsolicited commercial e-mail to Syll Botanics or to upload, post, email, transmit or otherwise make available any content that is inappropriate, unlawful, or infringes the rights of Syll Botanics or a third party; (g) download any file from the Website Services that is posted by another person or entity that You know, or reasonably should know, cannot be legally distributed in such manner; (h) use any proprietary information, intellectual property, Website Services interfaces, or work product of Syll Botanics in the design, development, manufacture, licensing or distribution of any applications, accessories, products or devices for use with the Website Services; (i) send automated requests to Syll Botanics, attempt to circumvent Syll Botanics’ authentication measures; or (k) use other user’s accounts without their express permission.
6. Intellectual Property Rights.
6.1 Rights to Website. You acknowledge and agree that, as between You and Syll Botanics, the Website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Syll Botanics, except for any content that is provided by You or provided to You by other users.
6.2 Third-Party Software and Materials. The Website Services may utilize or include third-party software that is subject to third-party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third-Party Software as part of the Website Services is subject to and governed by this Agreement and the conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall control with regard to Your use of the relevant Third-Party Software. In no event, shall Syll Botanics’ Website Services or components thereof be deemed to be “open source” or “publicly available” software simply by virtue of utilization or inclusion of Third Party Software.
6.3 Syll Botanics’ Marks. You acknowledge and agree that the trade names, trademarks, service marks, design marks and logos used in connection with the Website Services (collectively, the “Syll Botanics Marks”) are owned exclusively by Syll Botanics. You are not authorized to use the Syll Botanics Marks in any manner without the prior written consent of Syll Botanics, which may be withheld for any or no reason.
6.4 Infringement Acknowledgement. You acknowledge and agree that, if any use by You of the Website Services that does not comply with the terms of this Agreement violates applicable laws or third party rights or proprietary interests, You shall be solely responsible for the costs of investigation, defense, settlement, and discharge of any claim or action arising from such violation or infringement that are incurred by Syll Botanics and its owners, partners and agents. Syll Botanics shall have the power to veto the settlement of and the right to control the defense of any such claim or action arising from such violation or infringement that are incurred by Syll Botanics and its owners, partners and agents.
7. Collection, Storage and Use of Information.
7.3 Non-Personally Identifiable Information. Syll Botanics’ website, like most other commercial websites, may automatically track and collect certain information about Your visit that does not identify you individually by using tools commonly known as ”cookies,” web beacons, pixel tags, web server logs or other statistical programs and applications. Your browser may have an option that allows you to accept or reject cookies and other programs and applications, but you should be aware that Your use of restrictive browser settings may limit the functionality available to you when using Syll Botanics’ website.
8. Third-Party Content and Services.
8.1 General. You acknowledge that the Website Services permit access to and may display or provide links to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors, independent contractors, and other third parties (”Third Party Content and Services”).
8.2 Disclaimer. You acknowledge that Syll Botanics does not investigate, monitor, vouch for or endorse the Third Party Content and Services. Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Syll Botanics and its affiliates, partners, agents, and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Syll Botanics hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Content and Services.
8.3 Third-Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Website Services are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from Your communication with or transaction of business with any third party, and You agree that Syll Botanics and its affiliates, partners, agents and licensors are not responsible or liable for any loss that results from the presence of information about or links to such advertisers or service providers on the Syll Botanics website. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
8.4 Endorsements. You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service shall not constitute or imply any endorsement by Syll Botanics or its affiliates of such Third Party Content and Services. Syll Botanics reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Website Services, although Syll Botanics has no obligation to restrict or deny access even if You so request.
9. Term and Termination. This Agreement shall be effective and survive any termination of the Website Services or of Your access to the Website Services.
10. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE WEBSITE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. SYLL BOTANICS AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE WEBSITE SERVICES AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, SYLL BOTANICS AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE OR THIRD PARTY CONTENT AND SERVICES WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; (IV) THE WEBSITE WILL PROPERLY STORE, COLLECT AND RETAIN ANY INFORMATION YOU HAVE SUBMITTED FOR SUCH PURPOSE; (V) THE WEBSITE SERVICES PROPERLY INTERFACE WITH YOUR DEVICE(S) AND/OR YOUR OPERATING SYSTEM(S); OR (VI) ANY ERRORS IN THE WEBSITE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYLL BOTANICS OR FROM THE WEBSITE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT SYLL BOTANICS HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE WEBSITE.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, PARTNERS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE SERVICES AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SYLL BOTANICS’ AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE TOTAL FEES PAID TO US, IF ANY, BY YOU FOR THE WEBSITE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Indemnification. You shall indemnify, defend and hold harmless Syll Botanics and its affiliates, partners, and licensors, and each of their respective owners, officers, directors, agents, independent contractors, and employees (the ”Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with: (i) Your access to or use of the Website Services or Third Party Content and Services; (ii) Your breach of this Agreement; (iii) Your violation of any laws; or (iv) Your violation of any third party rights, including intellectual property rights or trade secrets of any person or entity. These obligations will survive any termination of the Website Services or of Your access to the Website Services.
13. Prices and Payment Terms.
13.1 Prices. All prices posted on the Website are subject to change without notice. The price charged for any product or service will be the price in effect at the time the order or request is placed and will be set out in Your Website order confirmation notification. Posted prices do not include taxes or other governmental fees, tariffs and charges.
13.2 Payment Terms. Payment must be made in full and received by Syll Botanics before acceptance of an order.
13.3 Force Majeure. Syll Botanics will not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in the performance of Syll Botanics’ products or loss of packages en route for delivery to the extent such failure or delay is caused by or results from acts or circumstances beyond Syll Botanics’ reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Syll Botanics’ workforce), or telecommunication breakdown or power outage.
14. Refund Policy.
14.1 In General. Subject to the terms of sections 9, 10, and 12, Syll Botanics will refund the amount You have paid for a product and/or service, excluding trial or travel sizes, if you are dissatisfied with your order. If You are not satisfied with the product, contact firstname.lastname@example.org within 14 days of receiving your package to get a refund (less applicable shipping and handling charges from the original order or as required to return your product back to Syll Botanics).
15. Billing and Account Information. Syll Botanics reserves the right to refuse any order you place with us. Syll Botanics may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Syll Botanics makes a change to or cancels an order, Syll Botanics may attempt to notify You by contacting the e -mail and/or billing address/phone number provided at the time the order was made. Syll Botanics reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
15.1 You agree to provide current, complete and accurate purchase and account information for all purchases made at Syll Botanics. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
16. Product Information. Syll Botanics attempts to be as accurate as possible. However, Syll Botanics does not warrant that product descriptions and website content is accurate, free of errors, complete or current. If any product ordered from Syll Botanics that you receive isn’t described as shown on Syll Botanics it can be returned – unused – as described in our returns policy.
17.2 Contact Information. Please direct any questions, complaints or claims related to this Agreement or to Your use of the Website Services to Hi@syllbotanics.com
17.3 Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of Syll Botanics and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
17.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
17.5 Waiver. Except as provided herein, the failure by Syll Botanics to exercise a right or require performance of an obligation under this Agreement shall not affect Syll Botanics’ right to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Entire Agreement. This Agreement, including any documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Website Services and supersedes all prior or contemporaneous understandings regarding such subject matter.