ข้อตกลงและอนุญาต

Last Update: January 2021

  1. YOUR ACCEPTANCE OF THESE CONDITIONS

These Terms and Conditions (these “Conditions”) govern your use of any services provided to you by Taap Innovation Company Limited (“TAAP”), including your use of our website at www.taapwellness.com (“Site”) and purchase of our health supplement products. These Conditions constitute a legally binding agreement between you and TAAP. By accessing the Site, purchasing products through it, or reading information/content thereon, you will be deemed to have read these Conditions and have agreed to it. If, however, you have read these Conditions and do not agree to it, you may not access the Site or purchase our products through it.

Additional conditions and policies in relation to your purchases and use of the Site are incorporated under these Conditions by reference. You are also required to read them along with these Conditions.

Any reference to the words “you” or “your” or “user” refers to anyone accessing the Site and/or purchasing our products through it. The words “we” or “us” or “our,” on the other hand, refers to TAAP (including our directors, employees, agents, subsidiaries, or parent company).

2. ELIGIBILITY

To be eligible to purchase our products through the Site, you must be at least 18 years of age (or the legal age of majority in your location), and you must be able to enter into a legally binding agreement. If you are below the legally required age and wish to make a purchase from the Site, you must do so under the supervision and verifiable consent from at least a parent or legal guardian.

3. ORDER PLACEMENT

When you offer to purchase any product through the Site, we will respond to the email address you submit during checkout that we have received your offer to purchase. Our response does not constitute our acceptance of your offer. Your offer will be deemed accepted when we charge your payment method and communicate to you that we have dispatched your order. This means that we may refuse or accept your offer at our discretion. You are responsible for providing accurate information during order checkout. We will not be liable for any losses incurred due to inaccurate information provided by you.

4. PRICING AND PAYMENTS

The prices of our products are listed on them in USD. Unless stated otherwise, the prices are exclusive of the shipping fee and applicable tax. The applicable shipping fee and tax will be calculated for your order when you checkout.

We accept the common types of payment methods, including PayPal and Credit/Debit Cards. The total amount to be charged from the applicable payment method will be the product amount and the applicable shipping fee and tax. By attaching your payment method, you warrant that it is accurate and automatically permit us to charge the order amount. You also consent to us sharing your payment method information with our payment service providers (Stripe and PayPal) to process your payments.

We reserve the right to increase/decrease our prices at any time without liability to you. However, any changes to our product prices will not affect any already-placed order.

5. PROMO AND DISCOUNT CODES

We may, from time-to-time, issue promotional or discount codes (“Codes”) in relation to your purchases on the Site. These Codes can be redeemed upon order checkout and may be subject to additional terms and conditions, as may be provided by us.

6. CANCELATION AND RETURNS POLICY

You may be able to cancel any order before we send a notice of dispatch. If your order has been dispatched for delivery, then cancelation may be impossible – since it will be out of our control at that point. You can cancel an order by reaching out to us via hello@taapwellness.com before the order is dispatched. Alternatively, you can also cancel within 30 days after the delivery.

We offer returns if you are unhappy with your order or there is an issue with it during shipment. All returns requests must be made within 30 days of order delivery, and the full package in your order must be returned along with the order number and your name (including the bottle of the used product in your order). You may contact us at hello@taapwellness.com to initiate a return. To learn more information about returns, please review our Returns and Refunds Policy.

7. SHIPPING AND DELIVERY

We process all orders within 1 business day of receiving them. We ship within the United States and to other parts of the world. The shipping cost, duration, and shipping option will be communicated to you at checkout. For more about the shipping and delivery of your order, please see our Shipping Policy.

8. IMPORT DUTIES

Deliveries to certain countries outside the United States may be subject to import duties and taxes, levied to the purchaser when the product reaches its destination. If this applies to you, you will be responsible for this payment. TAAP does not have any control over any import duties or taxes imposed by the government of your shipping destination. To find out about import duties, including the applicable cost, please reach out to your location’s local customs office before placing your order.

9. TITLE AND RISK OF LOSS

Upon delivering the products to you, the title and risk of loss automatically pass to you. TAAP or partners will not be liable to you for losing your order after a successful and confirmed delivery.

10. USER ACCOUNT

We may provide you with user account features, which may enable you to enjoy certain features, such as storing items for future purchases and saving some personal information about you. When you request a user account on the Site, you will be required to submit personal information, including your name, username, password, email address, phone number, payment information, and shipping information. You are required to submit accurate information when you sign-up in order to facilitate your use of the Site and our services. By opening a user account on the Site, you warrant to us that the information you submit is accurate and that you will update any applicable information when necessary. You also warrant that only you will have access to your account and any activity under it. If you believe someone else has access to your user account, please immediately reach out to us via our email address at hello@taapwellness.com to report.

11. CONTENT DISCLAIMER

Certain information and other content on the Site may contain medical information and advice. Although we ensure this information is properly researched for currentness, correctness, and accuracy, we do not warrant to you that it is accurate. Likewise, no information on the Site is intended to be a diagnosis, treatment, cure, or prevention for any disease or sickness. Any information or content provided by TAAP through the Site, including medical and health information, is for informational purposes only. You are required to seek the advice of a professional medical practitioner, physician, or doctor before deciding on any information found on the Site. Likewise, you are required to seek medical advice before using our products for any illness, sickness, disease, injury, infection, or other medical conditions before using any product offered through the Site. You hereby take responsibility for any loss or damage you may suffer from the information obtained through the Site or the consumption of our products.

NOTHING CONTAINED ON THE SITE IS INTENDED TO BE SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

12. USER-GENERATED CONTENT

You may be able to post comments on our product pages. Likewise, we may provide certain areas on the Site where you can submit other user-generated content, including reviews (“UGC”). You hereby agree that your UGC will be non-confidential and non-proprietary. By posting UGC to the Site, you hereby grant TAAP a non-exclusive, irrevocable, royalty-free, fully-paid, unrestricted right, and license to host, store, use, transfer, display, perform publicly, sublicense, distribute, reproduce, or modify your UGC in accordance with our policies, in any media channel and format known to us.

By uploading UGC to the Site, you represent and warrant to TAAP that:

  1. You own the intellectual property rights to your UGC, and that you have the necessary licenses to grant TAAP to use it;
  2. Your UGC does not and will not violate any third party rights, including privacy right, copyright, patent rights, trademark, and other intellectual property rights;
  3. Your UGC does not defame, slander, libel, or insult any third party;
  4. Your UGC will at all times conform with the purposes of the Site;
  5. Your UGC is not offensive, racial, sexual, or has any wrongful comments against any gender, national origin, or government; or
  6. Your UGC does not go against any applicable law, rule, statute, ordinance, or regulation.

TAAP is under no obligation to edit, monitor, or control any UGC uploaded by users, and we will not be responsible for any failure to act upon or review any UGC. However, wemay, at our discretion, screen, edit, remove, or block any UGC that we believe violates these Conditions. To the extent permissible by the applicable law, you now agree to waive any legal or equitable remedy or right you may have against us in relation to your UGC.

13. THIRD PARTY CONTENT AND LINKS

The Site may contain links and content that belongs to third parties, including our business partners, sponsors, and other affiliates. These Conditions do not govern any actions you take on any third party content or links. We advise that you read the terms and conditions and privacy policies of any third party content or links accessed from the Site before taking actions on their content. You hereby release us from any liability you may incur from accessing any third party link or content from the Site.  

14. PRIVACY POLICY

We will exercise possible care in ensuring any personal information you submit to us, including your payment information, is protected from unauthorized access or use. If there is a data breach that is not caused by our negligence, we will not be liable. The personal information we collect from you is and will only be used to process your orders through to the point of delivery, as described in our Privacy Policy. We do not use your information for any other purposes not disclosed in our Privacy Policy.

15. INTELLECTUAL PROPERTY AND LICENSE GRANT

Apart from any content generated by the Site users or other third parties, all the content on the Site, including, without limitation, the videos, product descriptions, Site design, texts, articles, audios, images, graphics, source codes, databases, and software (“TAAP Content”) and our trademark, service marks, and logos (“Marks”) are licensed to TAAP and are subject to copyright and other intellectual property rights in the United States, foreign laws, and international conventions.

All the TAAP designs, logos, graphics, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of TAAP in the United States and other countries. TAAP’s trademarks and trade dress may not be used, including as part of trademarks and domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or part, without the prior written permission of TAAP.

The TAAP Content on the Site is provided to you on “as is” for your information and personal use only. You may not use, copy, reproduce, aggregate, distribute, transmit, advertise, display, sell, license, or otherwise exploit the TAAP Content for any other purposes whatsoever without TAAP’s written consent.

Provided that you are eligible to use the Site and you are able to comply with these Conditions, TAAP grants you a limited license to access and use the Site and TAAP Content and to download and print a copy of any portion of the TAAP Content to which you have properly gained access solely for your personal, non-commercial use. TAAP reserves all rights not expressly granted to you in and to the Site, the TAAP Content, and Marks.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE OR ANY PRODUCTS AVAILABLE THROUGH IT ARE AT YOUR SOLE RISK. UNLESS STATED OTHERWISE, TAAP MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION ON THE SITE AND OUR PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (EXCEPT FOR CONSUMER GUARANTEES AS PROVIDED BY THE FEDERAL TRADE COMMISSION).

TAAP DOES NOT WARRANT TO YOU THAT:

  1. ANY INFORMATION ON THE SITE IS ACCURATE OR CORRECT OR OTHERWISE SAFE TO USE;
  2. YOUR PERSONAL INFORMATION IS 100% SECURE FROM UNAUTHORIZED ACCESS OR MISUSE;
  3. OUR PRODUCTS WILL MEET YOUR DESIRED EXPECTATIONS OR THAT THEY WILL CURE, DIAGNOSE, OR TREAT CERTAIN SICKNESSES;
  4. YOUR USE OF THE SITE WILL BE, AT ALL TIMES, UNINTERRUPTED; OR
  5. THE SITE AND CERTAIN INFORMATION, INCLUDING PRICING, WILL NOT CONTAIN ERRORS OR OMISSIONS.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TAAP (OR ANY OUR AGENTS, EMPLOYEES, PARTNERS, AFFILIATES, ASSOCIATED COMPANIES, OR DIRECTORS) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ACCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ABOUT LOST PROFIT, LOST REVENUE, INJURIES, DATA, GOODWILL, OR OTHER INTANGIBLE DAMAGES ARISING FROM USE OF THE INFORMATION ON THE SITE OR OUR PRODUCTS, EVEN IF TAAP HAS BEEN PRIORLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE ABOVE, IF TAAP IS FOUND TO BE LIABLE BY A COMPETENT ARBITRATOR OR COURT, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF THE REFUND OF THE TOTAL AMOUNT YOU SPENT ON THE SITE OR A SUM OF $100USD.

CERTAIN STATE/COUNTRY LAWS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE RESIDENT IN THE STATE OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM/HER, MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

18. INDEMNITY

You hereby agree to defend and hold TAAP (and affiliates, partners, employees, directors, agents, and associated companies) harmless from and against any and all claims, damages, losses, liabilities, demands, and expenses (including reasonable attorney’s fees) arising from:

  1. Your access and use of the Site and any TAAP Content or information;
  2. Your purchase and use of our products;
  3. Your breach of these Conditions, any agreements and policies available through the Site, and applicable law, statute, rule, ordinance, or regulation; or
  4. Your violation of any third party right, including copyright, privacy, and other intellectual property rights.

19. TERM AND TERMINATION

These Conditions shall commence and be binding upon your access of the Site and/or purchase of our products, and it shall remain in force until you stop using the Site. If you have a user account with us, these Conditions shall terminate when you terminate your user account.

You may terminate or request that we delete your user account at any time. You may terminate your user account via your user account profile settings. Likewise, TAAP may terminate your use of the Site or purchase from us by closing your user account or refusing your offer to purchase. We may terminate your user account for specific reasons, such as a violation of these Conditions or if we determine in our discretion that you are breaching any applicable law of any location.  

20. ELECTRONIC COMMUNICATIONS

We may communicate with you electronically, including through the Site and via email. For the sake of these Conditions, you (i) consent to receive electronic communications from TAAP, and (ii) agree that any terms and conditions, notices, policies, agreements, and any communication provided to you via electronic means will satisfy any legal requirements as though it was in writing. This does not in any way or form affect your statutory rights.

21. CORRECTIONS

The Site may occasionally contain errors, inaccuracies, or omissions in relation to our product pricing, description, articles, availability, and other information. TAAP reserves the right to correct any errors, inaccuracies, or omissions and change the information at any time without notice or liability to you.

22. UPDATES TO THESE CONDITIONS

TAAP may review and update these Conditions at any time, with or without notice or liability to you. We may review and update these Conditions for any reason, including if (i) we introduce new features to the Site, (ii) any applicable law, statute, ordinance, or rule changes, and (iii) any of our policies change. Any updates to these Conditions shall be binding when the Last Update date above changes. We advise that you review these Conditions and other agreements on the Site anytime you wish to use the Site or purchase from us. By your continued use of the Site and our services after any updates to these Conditions, you automatically consent to be bound by such updates.

23. GOVERNING LAW AND DISPUTE RESOLUTION

a. Governing Law and Jurisdiction: These Conditions shall be governed by and construed inaccordance with the laws of the State of California, the United States, without regard to conflict of laws and its principles. For disputes that are not subject to informal resolution or binding arbitration described below, you agree not to commence any action other than in the State and Federal courts located in the State of California. You hereby waive any and all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in such State and Federal Courts. Under no circumstances shall any claim, action, or proceeding by you related in any way to the Site and your purchases from TAAP be instituted more than two (2) years after the cause of action arose.

b. Informal Resolution: To expedite resolution and control the cost of any dispute or claim related to these Conditions, you and TAAP agree to negotiate any dispute or claim (except those expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiation commences upon written notices from you to TAAP or vice versa.

c. Binding Arbitration: If you and TAAP are unable to resolve any dispute or claim through informal resolution, either you or TAAP may elect to have the dispute or claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by you or us shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Application (“AAA”), and where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA’s website at www.adr.org. The determination of whether a dispute or claim is subject to arbitration shall be governed by the Federal Arbitration Act. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules, and where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of California. Except as otherwise provided in these Conditions, you and TAAP may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

d. Restrictions: You and TAAP agree that any arbitration shall be limited to the dispute or claim between you and TAAP. To the full extent permitted by law, (i) no arbitration shall be joined with any other, (ii) there is no right or authority for any dispute or claim to be arbitrated on a class-action basis or to utilize class action procedures, or (iii) there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.

e. Exception in Informal Resolution and Arbitration: You and TAAP agree that the following disputes or claims shall not be subject to the above provisions concerning informal resolution and binding arbitration:

Any dispute or claim seeking to enforce or protect, or concerning the validity of any of your or TAAP’s intellectual property rights;

Any dispute or claim related to, or arising from the allegations of theft, piracy, invasion of privacy, or unauthorized use; and

Any claim from injunctive relief.  

24. MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Conditions (along with other Site agreements) constitute the entire agreement and understanding between you and TAAP in relation to your use of the Site and purchase thereof, and they supersede any prior agreement and understanding (whether oral or in writing) that may have existed between you and TAAP.

b. Assignment: Unless stated otherwise, you may not assign, transfer, rent, or sell your rights under these Conditions to a third party. TAAP, on the other hand, reserves the right to transfer its rights and obligations under these Conditions, including hiring third party service providers.

c. Force Majeure: Under no circumstances shall TAAP be liable to you for any failure or delay to provide you with our services, including the delivery of your orders, if such failure or delay is as a result of circumstances beyond our reasonable control.

d. Severability: If any part or provision in these Conditions is found to be invalid or unenforceable, that part or provision shall be severed, and it shall not affect the validity or enforceability of the remaining valid parts or provisions.

e. No Waiver: No failure or delay by TAAP to enforce any rights under these Conditions shall operate as a waiver of our rights to enforce such rights later or on similar violations.

25. FOR INQUIRIES

If you have any question or complaints regarding these Conditions, our products, any agreements and policies available on the Site, and any issue concerning your purchases, please reach out to TAAP via the below contact information:

Taap Innovation Company Limited

hello@taapwellness.com