Thank you for visiting our site. Tatcha LLC (hereinafter "Tatcha", "we," "us" or "our") provides the information, content and services ("Services") available via our website www.tatcha.com (the "Site") to you ("you") pursuant to the following Terms & Conditions of Use ("Terms").
Please read these Terms carefully before using our Site, as they set forth the legally binding terms and conditions for your use of the Site and all related Content (defined below), Services, apps and purchases that you make from the Site, regardless of the means, manner or place from which you access our Site. By accessing and using Tatcha's Site and Content, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not use Tatcha's Site or Content.
Tatcha reserves the right to change these Terms at any time without notice. Such changed Terms will take effect once We post them at the Site, and Your continued use of the Site following any such changes will mean that You accept and agree to them.
Privacy
Please also review Tatcha's Privacy Policy, which also governs your use of our Site and Services.
Your Use of Tatcha's Site & Services
Tatcha grants you a limited license to access and use the Site for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish or create derivative works from the Site or its Content.
You may not download (other than page caching) or modify any portion of the Site without Tatcha's express written consent. You may not resell or make any other commercial use of the Site or its contents, collect and use product listings, descriptions, or prices, creative derivative works from Tatcha's Site or its contents, download or copy account information for another person's or entity's benefit, or use data mining, robots, or similar data gathering and extraction tools on, in or in connection with the Site. You may not reproduce, duplicate, copy, sell, mirror or otherwise exploit any portion of the Site for any commercial purpose without Tatcha's prior express written consent.
You may not frame or use framing techniques to enclose any Tatcha trademark, logo, or other proprietary information (including images, text, page layout, or form) without Tatcha's express written consent. You may not use any meta tags or any other "hidden text" utilizing Tatcha's name or trademarks without Tatcha's express written consent. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the Site's security or authentication measures.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or supporting networks, or any systems or networks connected thereto. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site, or use the Site or Content in any manner that could damage, impair, overburden or disable the Site or any component that enables the Site's proper operation.
You agree not to impersonate any person or entity, or misrepresent your affiliation with any person or entity. You agree not to use the Site to harass or stalk any individual, nor entrap nor harm any other person, including harming minors in any way. You may create a hyperlink to the Site so long as You do not portray Tatcha, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tatcha logo or other proprietary graphic or image as part of the link without Tatcha's express prior written permission.
You agree that when accessing or using the Site and/or Services, you will act in accordance with the law, custom and in good faith. You may not make any change to the Site and may not impair in any way the Site's integrity or operation. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all of the resulting losses and damages.
By communicating with Tatcha electronically (such as by visiting our Site or sending us e-mails), You consent to receive communications from us electronically. Tatcha will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
We may require you to register with Tatcha in order to use certain Site features or Services, such as to purchase products. When you register, we may decline to grant you, and you may not use, a user name or email address that another person or entity already owns or uses, that might be construed as impersonating another person, that might violate another's intellectual property or other rights, that we may deem offensive or objectionable, or that we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of your account details (including Your password and account data that you may use to access the Site) and restricting access to your computer, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You agree to accept full responsibility for all activities that occur under and/or within your account or password. You agree to immediately notify Tatcha of any unauthorized use of your password or user name or any other breach of your account's security, and to ensure that you "log off" and exit from your account at the end of each Site visit. Tatcha will not be liable for any loss or damage that you or anyone else may incur from another's use of your account, or arising from your failure to comply with any of the foregoing obligations. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of Tatcha or its community to do so.
Your Product Orders
The products and Services available at our Site are for personal use only. You may not sell or resell any of the products or Services, or samples thereof, that you purchase or otherwise obtain from Us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled, or products or services to be provided, that we believe, in Our sole discretion, may result in the violation of our Terms. You must eighteen (18) years old (or the age of majority in your jurisdiction) to purchase from our site.
Additional terms and conditions may apply to your purchases and to specific Site features such as contests or promotions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. In the event of any conflict between these Terms and terms for a specific promotion or other Service of the Site, the latter terms shall control with respect to your use of that promotion or specific Service.
Auto-Delivery Program
If you participate in our auto-refill program, the following terms and conditions apply
specifically to your participation in this program:
- Participation will continue until canceled. You may cancel your participation in the
program from within your Tatcha account up to 24 hours before the
upcoming order date from your Tatcha account. We may, in our sole discretion,
terminate your participation in the program at any time without notice to you.
- You can cancel an upcoming order up to 24 hours before the upcoming order date from
your Tatcha account.
- A recurring charge will be automatically charged to your credit card at the time of each
successive shipment. Product selection and the shipment frequency will be in
accordance with your preferences elected at the time of program registration or as
modified by you from time to time in your account.
- You are obligated to provide current, complete, and accurate information for your
billing account. You are responsible for promptly updating all information to keep your
billing account current, complete, and accurate (e.g., change in billing address, credit
card number, or credit card expiration date). You must promptly notify us if your credit
card information is canceled or is no longer valid (e.g., loss or theft of your credit card).
Changes to such information can be made from your Tatcha account. Add the new card
and select it as the default credit card.
Product Information
All of the Site's material and information is offered solely for personal educational or informational purposes. The information, materials, statements and Services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each product's ingredients to avoid potential allergic reactions. Minors may use goods or product obtained from the Site only after the minor's parent(s) or guardian has discussed the product's use with the minor's physician or medical professional. Any statements offered about products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. Tatcha products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the product's failure could create a situation where personal injury or death may occur.
Tatcha has endeavored to provide accurate information on the Site, but assumes no responsibility for the information's accuracy. We do not warrant that the product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The Site's reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by Tatcha itself unless specifically stated otherwise. Our Site may contain inaccuracies or typographical errors, and may not be complete or current. Tatcha reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, and we apologize for any inconvenience this may cause.
Please note that while Tatcha has endeavored accurately to depict, describe and display the particular product color(s), the actual colors that you see may depend upon your viewing device, and may not be accurate.
Site Content
Tatcha owns and/or controls the rights to all of the Site's images, text, graphics, user interfaces, designs, photographs, trademarks, logos, sounds, music, artwork and computer code ("Content"), including the design, "look and feel," trade dress, structure, selection, coordination, and arrangement thereof, all of which is protected by trademark, copyright and related laws (see "Intellectual Property" below).
You may access, view, download, and print Content for your personal, non-commercial use only, provided that you do not modify or make commercial use of Content, and retain all copyright, trademark, or other proprietary designations contained in Content. Except as these Terms expressly provide, you may not copy, reproduce, upload, republish, encode, transmit or distribute any part of the Site or Content in any way or form to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose without Tatcha's express prior written consent.
Your User Content
Tatcha's Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials ("User Content") on or to Tatcha's Site, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to Tatcha and/or the Site may be available to all other Site users. Tatcha does not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein, and Tatcha expressly disclaims any and all liability in connection with User Content submissions.
As to all User Content that you submit, you warrant that:
(a) you are either the User Content's sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents and/or licenses to enable and authorize you and Tatcha's use of the User Content at the Site (and elsewhere) as provided hereunder;
(b) any User Content that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the Site, (iv) does not contain any unauthorized advertising, and (v) Is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
You grant to Tatcha a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Tatcha is free to use any User Content for any purpose, including but not limited to the Site, Tatcha e-mails, social media posts, media content or promotional materials. Tatcha shall be under no obligation to preserve, or pay compensation for use of any User Content. You further grant to Tatcha the right to use your name in connection with any such User Content, but Tatcha shall not be obligated to attribute any of your User Content to you. You warrant that all User Content that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to the Site.
Tatcha is and shall not be responsible for evaluating your User Content, and does not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on the Site and do not warrant its accuracy, integrity or quality. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. You hereby waive all rights to any claims against Tatcha of any type arising out of your use of the Site or any User Content that you may encounter at the Site. You acknowledge that Tatcha has the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content.
Intellectual Property
The Site and its Content Copyright 2018 Tatcha LLC. All rights reserved. Tatcha and the Tatcha logo are registered trademarks, and Hadassei-3, Beauty for a Lifetime and Skincare for the Soul are trademarks, of Tatcha LLC. You acknowledge and agree that Tatcha owns all legal rights, title and interest in and to the Site and Content, including any Tatcha trademarks, trade names, trade dress, logos, domain names and other brand features therein (whether those rights are registered or not, and wherever in the world they may exist), and that they are protected by international copyright laws and treaties. Tatcha does not grant you any express or implied right under any copyright, trademark, patent, trade secret or other intellectual property right.
DMCA Copyright Infringement Notices
Tatcha respects others' intellectual property rights, and requires that you do the same in your use of the Site. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is Tatcha LLC, 208 Utah, Suite 400, San Francisco, California, 94103, e-mail: copyrightclaims@tatcha.com. Only DMCA notices should go to Tatcha's Copyright Agent; any other feedback or comments should be directed to our customer service, and will not receive a response from Tatcha's copyright agent. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Indemnification
You agree to defend (at Tatcha's option), indemnify, and hold Tatcha (including its officers, directors, employees, agents, licensors, subsidiaries and suppliers) harmless from and against any and all claims, actions, demands, losses, liabilities and settlements, of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, made against Tatcha by any third party due to, resulting from, or alleged to result from, your use of the Site, your violation of these Terms and Conditions and/or any law, rule, regulation and/or contract, your violation of any third party's rights (including copyright or privacy right), or any claim relating to content that you submitted to the Site.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TATCHA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS ON TATCHA'S LIABILITY SHALL APPLY WHETHER OR NOT TATCHA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disclaimer of Warranties
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." TATCHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT TATCHA WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, ANY INACCURACIES OR OMISSIONS IN CONTENT AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF TATCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability
If any provision of these Terms may be held by a court or agency of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Void Where Prohibited; Dispute Resolution
Tatcha operates and administers the site from San Francisco, California, USA. Although the Site is potentially accessible worldwide, not all features or products are available to all persons or geographic locations, or appropriate or lawful for use outside the United States. Tatcha reserved the right to limit, in our sole discretion, the quantity or provision of any product or service to any person, entity or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree that the laws of the United States and State of California, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on the Site shall govern your use of the Site. For any claim or dispute with us or relating to your use of the Site, or to these Terms, you expressly agree to the exclusive jurisdiction and venue of the courts of the County of San Francisco, State of California. In the event of any violation of these Terms, Tatcha reserves the right to seek all remedies available under law and equity for such violations.
Tatcha may revise these Terms at any time by updating this page.
