WEBSITE TERMS OF USE AND PRODUCT TERMS AND CONDITIONS
These terms and conditions are split into four parts:
- Website Terms of Use – These terms and conditions apply to any person that visits or uses Lapapoe’s website.
- Lapapoee Product Terms and Conditions – These terms and conditions apply when a person purchases items or books services from the website which are sold by Lapapoe.
- Partner Product Terms and Conditions – These terms and conditions apply when a person purchases items or books services from the website which are sold by partners other than Lapapoe.
- Gift Card Terms and Conditions – These terms and conditions apply when a person purchases a Lapapoe.com gift card, purchases items or books services from the website using a gift card or discount code.
Each product page will make it clear whether a product or service is sold by Lapapoe or another partner. Please ensure that you take note of such details so that you know which terms and conditions will apply to your purchase.
WEBSITE TERMS OF USE
Here at Lapapoe we aim to provide the best experience for all involved. These Terms of Use set out the terms and conditions on which you make use of our website (www.Lapapoe.com) and our online community. Please read these Terms of Use carefully before accessing or using our website and/or online community.
1 ABOUT US
Lapapoe.com (the “Site”) is a site operated by Lapapoe LLC (“Lapapoe”, “we” or “us”). We are registered in United States, Georgia Secetary of State, under Control Number 22136875 and have our registered office at 84 Peachtree St Atlanta, GA 30303.
1.1 To contact us, please email info@lapapoe.com.
2 ACCEPTANCE OF TERMS
2.1 By accessing or using any part of the Site and/or purchasing or booking something via the Site, you engage in our “Service” and thereby agree to these Terms of Use. If you do not agree to these Terms of Use, you must not use our Site.
2.2 These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, partners, customers, merchants, and/or contributors of content.
2.3 By using the Site and agreeing to these Terms of Use, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
2.4 We recommend that you print these Terms of Use and keep a copy for future reference.
2.5 Our Site is hosted by WooCommerce and WC Vendors. They provide us with the online e-commerce platform that allows us to provide this platform for both us and independent partners to list and sell products or services to you. We also use WP Job Board and Ultimate Members to enable job posting and profile creation on Lapapoe.
2.6 We use third party providers such as PayPal, Inc. and Stripe, Inc. to process payments from you when you purchase products via the Site. Please visit the website of the applicable payment provider for further information about how they handle payments.
3 OTHER TERMS THAT MAY APPLY TO YOU
3.1 These Terms of Use refer to our Privacy Policy, which also applies to your use of the Site. You acknowledge that by using the Site you have reviewed the Privacy Policy and that your personal data will be collected, stored and used by us in accordance with the Privacy Policy.
3.2 If you purchase products or services from our Site, the applicable Product Terms and Conditions (set out below) and the applicable partner’s terms and conditions will apply to each purchase.
4 GENERAL CONDITIONS
4.1 We reserve the right to refuse access to our Service to anyone for any reason at any time.
4.2 In agreeing to these Terms of Use, you are deemed to understand that in respect of products not specified as sold by Lapapoe, Lapapoe is an intermediary between the customer and the partner, and that Lapapoe is not a party to any agreements made between the partner and the customer (including for the sale and purchase of any products or services via the Site. Therefore, any issues customers’ have with such products should be reported directly to the partner as explained in more detail in the Partner Product Terms and Conditions.
4.3 Please see the Lapapoe Product Terms and Conditions and the Partner Product Terms and Conditions for details of your rights, as applicable, in relation to the purchase of products from the Site.
4.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
4.5 The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.
5 CHANGES TO TERMS OF USE AND SITE
5.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes via the Site. It is your responsibility to check our Site periodically for changes to the Terms of Use. You can review the most current version of the Terms of Use at any time at this page. Your continued use of, or access to, our Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
5.2 We may also update and change the Site from time to time for any reason. Any new features or tools which are added to the current Site shall be subject to the Terms of Use. You agree that it is your responsibility to monitor changes to the Site.
6 SUSPENSION OR WITHDRAWAL OF THE SITE
6.1 We are unable to guarantee that the Site, or any content on it, will always be available or be uninterrupted. We reserve the right to suspend or withdraw the availability of the whole or part of the Site for business and operational reasons.
6.2 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
7.1 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own discretion.
7.2 This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
8 ORDERS VIA THE SITE
8.1 We reserve the right to refuse any order or booking you place with us. We 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 we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, repartners or distributors.
9 ACCURACY OF BILLING AND ACCOUNT INFORMATION
9.1 You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. 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.
10 ACCOUNT DETAILS
10.1 If you select, or you are given, a user identification code, password or any other piece of information as part of our security procedures, you must ensure that such information is kept confidential, and you must ensure that you do not disclose such information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
10.2 You must ensure that all information (including your name and address) you upload to the Site is correct and accurate. You must check all information before making a purchase.
11 OPTIONAL TOOLS
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Credit card information is always encrypted during transfer over networks.
11.3 Any use by you of optional tools offered through the Site is entirely at your own discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4 We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use and any additional terms as notified from time to time.
12 THIRD-PARTY LINKS AND ONLINE COMMUNITY
12.1 Certain content, products and services available via our Service may include materials from third parties.
12.2 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
13 INTELLECTUAL PROPERTY RIGHTS
13.1 We own, or are the licensee to, all rights, title and interests in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You must not modify, adapt, translate or prepare any derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
13.2 You agree not to extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
13.3 If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.4 We respect the intellectual property rights of others. We ask our partners to do the same. If intellectual property that you own or have rights to has been infringed, or used without your permission, on the Site, please contact us at info@lapapoe.com to report the concern.
14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
14.2 We may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
14.3 You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
15 PERSONAL INFORMATION
15.1 Your submission of personal information through the Site is governed by our Privacy Policy.
16 ERRORS, INACCURACIES AND OMISSIONS
16.1 Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.2 We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated.
17 PROHIBITED USES
17.1 In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
18 UPLOADING MATERIAL TO THE SITE
18.1 Uploaded material must not: (i) be defamatory of any person or organisation; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
18.2 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
18.3 We will not be responsible for, or liable to any third party, for the content or accuracy of any materials posted by users on the Site. This includes any information posted by a user in our online community. We have the right the remove any posting a user makes on the Site or on our online community. The views expressed by other users on the Site or on our online community do not represent our views or values.
18.4 You are solely responsible for securing and backing up your content.
19 LINKING TO OUR SITE
19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
19.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.3 You must not establish a link to our site in any website that is not owned by you.
19.4 We reserve the right to withdraw linking permission without notice.
19.5 The website in which you are linking must not be for any prohibited use or contain any prohibited content.
20 DISCLAIMER OF WARRANTIES
20.1 Please note that Lapapoe does not create, store, or inspect any of the items sold by the partners through our Service. Lapapoe is simply the platform for such items and such items on this platform are listed and sold by parteners. Therefore, Lapapoe cannot make any warranties about the quality, safety, or legality.
20.2 We do not guarantee, represent or warrant that your use of the Service will be uninterrupted.
20.3 We do not warrant that all results that may be obtained from the use of the Service will be accurate or reliable.
20.4 We may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
20.5 Please also note that third-party content is not created by Lapapoe and Lapapoe shall have no liability in relation to the decency, copyright and legality of such content.
20.6 We try to ensure the comfort, ease and accessibility for all users. However, there are some things that we cannot guarantee. This includes: Services being available during a particular time or specific location.
21 LIABILITY LIMITS
21.1 To the fullest extent permissible by law, we shall not be liable to you in any way for your use of the Site. Specifically, Lapapoe does not accept liability for any loss in profits, revenue, consequential, incidental, indirect, special or punitive damage caused in connection with the use of the Site. This does not apply to jurisdictions that do not allow limitations on consequential and incidental damages.
21.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents, and for fraud or fraudulent misrepresentation.
21.3 Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products to you. These will be set out in the applicable Product Terms and Conditions.
22 DEBATES AND DISPUTES WITH OTHER USERS
22.1 We encourage users to resolve any disputes harmoniously among themselves. We hope it never happens, but if you are in a dispute with another user, we encourage you to contact them.
22.2 If you are unable to solve the dispute, feel free to contact us and we will aim to solve it. Please note that we will not make any claims regarding legal issues. There is also no obligation on us to solve disputes. By using the Service you release us from any claims, demands, and damages arising out of disputes with other users or parties.
22.3 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated otherwise) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
23 SEVERABILITY
23.1 In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
24 ACCOUNT TERMINATION
24.1 We’d hate to see you leave but if you wish to leave Lapapoe you have the right to terminate your account at any time. This can be done by logging in and deleting your account or using the ‘contact us’ page.
24.2 Lapapoe has the right to terminate your account at any time. If your account is terminated, you will no longer be able to purchase products or services via the Site or use certain functionalities of the Site.
25 NATURE OF RELATIONSHIP
25.1 You acknowledge that the terms and conditions associated with any use of, or purchase via, the Site, and/or any transaction made by you via the Site, do not create or imply any partnership, joint venture or trust relationship between us, you and/or any partner.
26 NO WAIVER
26.1 Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
27 ENTIRE AGREEMENT
27.1 These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
28 GOVERNING LAW
28.1 These Terms of Use, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of Georgia, USA. Any dispute arising from, or related to, these Terms of Use, shall be subject to the exclusive jurisdiction of the courts of Georgia
29 CONTACT INFORMATION AND COMPLAINTS
29.1 Questions about the Terms of Use, and general comments about the Site, should be sent to us at info@lapapoe.com.
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