JACQ's Terms of Use

Hello and welcome to shopjacqs.com, website. Your access to this website and your purchase of products on this website is subject to these general terms and conditions of use.

Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").  

 Accessing this website, or purchasing a product by clicking the “i accept” button, is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, please do not use this website and do not purchase any product from this website.

The general terms and conditions of use (the “Terms of Use”) is an agreement between you (“You”) and Jacq's Organics, governing the use of www.shopjacqs.com (the “Website”) owned by JACQ's. “We” and “Us” means both You and JACQ's. The effective date of these Terms of Use is when You accept or are deemed to accept these Terms of Use in accordance with the procedure set out in these Terms of Use. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with JACQ's, we will send You information and documents to the e-mail address in Your account profile on the Website. You will send information and documents to JACQ's Organics by email to hello@shopjacqs.com.


OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names and any other intellectual property contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, JACQ's or its licensors, as the case may be. The Content is protected by copyright.

JACQ's grants You a personal, non-transferable and non-exclusive license to access and read the Content.

You agree that You will not:

(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;

(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or

(c) allow any third-party to access the Content.

You give JACQ's a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”). You waive all moral rights in any UGC. You will not post UGC that infringes any intellectual property including copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.


LIMITATIONS ON LIABILITY AND DISCLAIMERS

This Website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.

This Website may contain links to other sites. JACQ's does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, JACQ's is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Jacq’s Organics is affiliated or associated with same. JACQ's does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this Website is not intended to be used as a substitute of any kind for advice given by a physician, pharmacist, or other licensed health-care professional.

 IN NO EVENT WILL JACQ's, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF Jacq’s Organics  OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

JACQ's assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. JACQ's is not responsible for any Content that You may find undesirable or objectionable. JACQ's disclaims any liability for unauthorized use or reproduction of any portion of the Website.

Accessing the Content from territories where it may be illegal is prohibited.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

JACQ's (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. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). 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.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

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 info@jacqsorganics.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. T-Mobile 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 between you and Stodge, LLC d/b/a Postscript 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 Austin, Texas 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 Jacq's Organics' 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.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.


INDEMNITY

You agree at all times to indemnify, defend and hold harmless PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by JACQ's and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by JACQ's and will be carried out using both paper and electronic tools.

JACQ's is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for JACQ's and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by JACQ's receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

JACQ's will disclose breaches of Your personal information as required by provincial and federal law in the United States America.


RETENTION OF INFORMATION

JACQ's will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on JACQ's Privacy Policy, please contact us via email at hello@shopjacqs.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by JACQ's return policy which can be found here. 

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: Aug 28, 2020

, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by JACQ's directly or indirectly in respect of:

  1. any UGC You provide on or through this Website or which is sent to JACQ's electronically; or
  2. Your use or misuse of the Content or this Website.


TERMINATION

JACQ's may terminate these Terms of Use for any reason without notice within its sole discretion. Any such termination by JACQ's shall be in addition to and without prejudice to such rights and remedies as may be available to JACQ's, including injunction and other equitable remedies.

Any terms of these Terms of Use which contemplate survival beyond termination shall survive, except to the extent not permitted by law.


GOVERNING LAW and ATTORNMENT

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida and applicable therein.

For the purpose of all legal proceedings these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the State of Florida shall have jurisdiction to entertain any action arising under these Terms of Use. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

Type of Proceeding

You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against JACQ's related to the Content or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against JACQ's.

Notices

Every notice that JACQ's is required or permitted to be given or made under these Terms of Use to You shall be written and shall be made to the email address in Your account profile with www.jacqsorganics.com. Every notice that You are required or permitted to be given or made under these Terms of Use to JACQ's shall be written and shall be made to hello@shopjacqs.com.

Amendment

JACQ's reserves the right to change these Terms of Use at any time. As a result, JACQ's requests that You read this section from time to time in order to be informed of possible changes in these Terms of Use. Each time these Terms of Use are modified, the date of the Terms of Use will be updated to reflect that changes were made. JACQ's will provide You with at least 30 days’ notice before the update takes effect. In addition to modifying the date, Jacq’s Organics uty will post all updates to these Terms of Use on the “Legal” page of the Website.

Severability

Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.


TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale (the “Terms of Sale”) is an agreement between you (“You”) and Jacq’s Organics LLC., governing sale of merchandise (the “Merchandise”) by JACQ's to You through www.shopjacqs.com (the “Website”) owned by JACQ's. “We” and “Us” means both You and JACQ's. The effective date of these Terms of Sale is when You accept or are deemed to accept these Terms of Sale in accordance with the procedure set out in these Terms of Sale. These electronic Terms of Sale shall be the equivalent of a written paper agreement between Us.

ORDERS

All orders are subject to written acceptance by JACQ's. All orders will be confirmed by JACQ's, in writing, by e-mail copy of the online contract, within 15 days after the date the agreement is formed. You will be given the opportunity to correct errors before the formation of the online contract is completed; however, the e-mail which includes the online contract will be the final agreement between Jacq’s Organics and You, as described under the “Binding Agreement” heading below.

PRICES

Prices of Merchandise may change without notice. The applicable taxes in Florida have been applied to taxable items in accordance with applicable laws. All prices are exclusive of customs, import duties and other applicable taxes.

SHIPPING COSTS

You are responsible for the shipping costs associated with the delivery to You of the Merchandise posted on the Website.


WARRANTIES

JACQ's makes no representations or warranties of any kind, express or implied, as to the operation of the website, the information, content, materials or products included in this website or as to the merchandise being sold to you. To the fullest extent permissable by law, JACQ's disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on the order confirmation. JACQ's will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, special, direct, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if JACQ's or any of its lawful agents or employees have been advised of the possibility of such damages or claim.

BINDING AGREEMENT

JACQ's confirmation of these Terms of Sale will be deemed the final agreement between Jacq’s Organics and You and no other understanding, waivers, oral agreement or modifications will be binding except by written agreement signed by PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by JACQ's and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by JACQ's and will be carried out using both paper and electronic tools.

JACQ's is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for Jacq’s Organics and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by JACQ's receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

JACQ's will disclose breaches of Your personal information as required by provincial and federal law in the United States of America.


RETENTION OF INFORMATION

JACQ's will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on JACQ's Privacy Policy, please contact us via email at hello@shopjacqs.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by JACQ's return policy which can be found here. 

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: August 28, 2020

 

and You.

TERMINATION

JACQ's may terminate these Terms of Sale for any reason without notice within its sole discretion. Any such termination by JACQ's shall be in addition to and without prejudice to such rights and remedies as may be available to JACQ's, including injunction and other equitable remedies.

Any terms of these Terms of Sale which contemplate survival beyond termination shall survive, except to the extent not permitted by law.


PRIVACY POLICY

Jacq’s Organics LLC. has developed policies and procedures (the “Privacy Policy”) to protect our customer’s (“You”) personal information and to ensure that PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by JACQ's and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by JACQ's and will be carried out using both paper and electronic tools.

JACQ's is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for JACQ's and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by JACQ's receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

JACQ's will disclose breaches of Your personal information as required by provincial and federal law in the United States of America.


RETENTION OF INFORMATION

JACQ's will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on JACQ's Privacy Policy, please contact us via email at hello@shopjacqs.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by JACQ's return policy. 

 

AFFILIATE PROGRAM

  
JACQ's Affiliate Terms & Conditions

Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to JACQ's and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the JACQ's properties located at www.shopjacqs.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the JACQ's Affiliate Program.

ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.

LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.

You will only use linking code obtained from the affiliate interface without manipulation.
All domains that use your affiliate link must be listed in your affiliate profile.
Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. shopjacqs.website.com or www.shopjacqs-coupons.com

SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:

You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, you may post, “20% off sale at JACQ's through Wednesday with code JACQS20.”
You ARE PROHIBITED from posting your affiliate links on JACQ's Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
You ARE PROHIBITED from running Facebook ads with JACQ's trademarked company name.


Web Site - Unacceptable Web Sites
Websites that include any of the following: inappropriate conduct, inappropriate business names or URLs, business-to-business platforms, banner farms, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethnically, or otherwise objectionable, such as sites that: promote sexually explicit materials; promote violence; promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age; promote or support political or religious positions or affiliations; promote illegal activities; are considered offensive or controversial; or infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

Web Site - Use of Logos and Trademarks in Web sites
Affiliates may NOT bid on the JACQ's or any derivations thereof. Affiliates may NOT use Broad (the matching of a search listing or advertisement to selected keywords in any order) or Phrase (match type specifying that ad should be displayed when the phrase plus other words are entered as part of the search term). match keyword options at any time. Affiliates may NOT use JACQ's as keywords or phrases in meta tags or other SEO efforts. Affiliates may NOT use symbols such as ©, ® and ™ in conjunction with the term JACQ's. Affiliates may NOT use the following verbiage in-text ads: Official Site, Official Website, Official Web Site. Affiliates may NOT state or imply that they are the “Official Site” or “Official Store”

Coupons and Promotional Codes
Publishers may only use coupons and promotional codes that are provided exclusively through the affiliate program

Software
Allowed - Must be validated with shopjacqs.com first

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of JACQ's.
E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

REVERSAL & COMMUNICATION POLICY

JACQ's takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.


FTC DISCLOSURE REQUIREMENTS

You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

Disclosures must be made as close as possible to the claims.
Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).
Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC's Endorsement Guidelines at

http://business.ftc.gov/advertising-and-marketing/endorsements

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: Aug 28, 2020