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JYARDS’ POLICIES

 

 

Terms and Definitions
Return and Refund Policy
Store Credit Policy
Shipping Policy
Terms of Use
Privacy Policy





1) Terms and Definitions.

JYards. The online drop-shipping, reseller marketplace holding the “JYards” trademark, and providing its merchandise and/or services through its website, app, social media pages, and selected third-party e-marketplaces.

Shopper. A visitor surfing the online catalogue of JYards.

Order. A merchandise purchase order generated online by a shopper.

Buyer. A shopper, whose merchandise is ordered, dispatched, or delivered.

Product Item. A commodity that a buyer can add to his/her order, which JYards resells as a unique stock keeping unit (SKU)—whether it consists of one piece or a collection of pieces of the same type or assorted.

Vendor. The supplier from which JYards had drop-shipped the product item(s).

Return. The process of a buyer sending a product item or more—purchased from JYards, back to the vendor.

Re-return. The process of a vendor returning a returned product item, back again to the buyer.

Package. Any merchandise parcel sent by a vendor to a buyer, which may contain one product item, or a group of product items.

Packaging. The external boxing, internal covering, security seals, tags, labels, certificates, manuals, booklets, and other wrapping supplies of a product item, as packed by its manufacturer.

Gift Card. A virtual, prepaid cash card, issued by JYards, with definite money value, which a shopper can purchase as a gift for the use of another person, and allows the other person to spend the stored money value associated with the gift card by creating orders within JYards.

Payment Card. The credit card, debit card, prepaid card, or virtual prepaid card used by the buyer to generate an order.

Store Credit. A virtual monetary value offered by JYards to a buyer, which can only be consumed by creating orders at JYards.

Cash Refund. The process of JYards giving back to a buyer the corresponding monetary value of his/her eligibly returned product item(s) that is eligible for cash refund—directly to his/her payment card or Paypal account.

Store Credit Refund. The process of JYards giving back to a buyer the corresponding monetary value of his/her eligibly returned product item(s) that is eligible for cash refund—as a positive balance in his JYards’ online account, to spend that balance in buying another product item(s) only from JYards.

Promotion Code. JYards’ computer-generated code consisting of letters or numbers, that may be offered to a shopper or a buyer to feed into JYards’ promotional box at the checkout page—to obtain a discount on the current order.

Working Days. The official business days of JYards.

 


2) Return & Refund Policy.

A) Product Item Eligibility for Return and/or Refund

Return & Refund Policy. - A


B. Terms & Conditions

  1. A buyer should not return any product item before placing an online return order and hearing back from JYards. The buyer can place an online return order on JYards for any product item that is eligible for return within five (5) calendar days of the item receipt—provided that the following terms apply, or else, the sale is considered final:
    • The buyer shall: (1) indicate his/her clear reason for making a return, (2) shoot a photograph of the product item that he/she wishes to return, and (3) determine the return pick-up address. Based on these inputs, JYards is responsible for making the initial return decision—in remote coordination with the vendor, and communicating it to the buyer. The decision of JYards may include: (1) the initial acceptance of the return for free, yet the returned product item(s) is still subject to the inspection of the vendor, (2) the acceptance of the return on the buyer’s expense, or (3) disapproving the return.
    • The vendor of a returned product item is the party responsible for: (a) inspecting that product item and making the final decision on its faultlessness or faultiness, and if faulty, whether it was exposed to misusage, abusive usage, intentional damage, modification, alteration, a shipping flaw, or embeds a manufacturing defect, (b) inspecting the completeness of the product item along with its packaging. For each return case, JYards shall put the right policy article into action, based on the vendor’s communicated findings and/or decision.
    • As far as (the product items returned for the reason they do not match the online description) and (those product items re-returned for free from the vendor to the buyer on the expense of JYards) are concerned, and with reference to the Gregorian calendar, a buyer cannot make more than six (6) return orders of such types, within a shopping period of twelve (12) months, considering the inception point as the date of receiving the buyer’s all-time first order—with an additional condition that he/she cannot make more than two (2) return orders of such type within the same month.
    • Any eligibly returned product item must be returned new, unused, unworn, unwashed, undamaged, unaltered, and complete with all of its packaging, including the security seal—as applicable. For example, buyers are demanded to try purchased footwear on carpet to eliminate the possibility of scratching and/or scuffing the outsole. Similarly, buyers are demanded to be careful when trying purchased apparel to avoid spotting and/or smirching garment with makeup, perfume, deodorant, food, beverage, cigarette ash, and/or any other source that can cause garment distortion and depreciation.
  2. Whenever JYards estimates that a product item should be returned to the vendor without any cost to the buyer, JYards will be coordinating the return shipping process with the vendor.
  3. A buyer is not allowed to create multiple accounts on JYards to get around the allowed number of return orders. Whenever JYards estimates the existence of such status, the shoppers and/or buyers of suspected accounts may be subject to a range of actions, including limits of buying privileges and suspension of accounts.
  4. Free items are not subject to returns.
  5. JYards is not liable for any lost or stolen packages, whether during the shipping, return, or re-return processes. If such issue ever happened, the buyer shall discuss it with the shipping agency(s) that was selected to fulfill the shipping process.
  6. Returns that do not meet the policies of JYards will be sent back (i.e., re-returned) to the buyer.
  7. JYards does not process replacements. To work around that, a buyer may decide on returning a product item—if it is eligible for return, on his/her expense, and place a new order. For those product items that are eligible for return while the cost of such return-shipping is the responsibility of the buyer, buyers holds the responsibility of getting the return shipping address for each product item from JYards, and shall wait to receive JYards’ answer before arranging the return process and covering the return shipping expenses, on their own. Buyers should always be careful to the fact that different product items are usually returned-to different shipping addresses.
  8. A buyer who returns a product item to a wrong return address—provided that such wrong address was not specified by JYards, shall hold the responsibility of finding and implementing a resolution by him-/herself, and on his/her expense.
  9. Whenever a shopper buys a product item that the vendor indicates—upon processing the order, that it has become out-of-stock at their end, then JYards will cancel that purchase, without affecting the other product items within the same order if any, and will process a cash refund for the buyer on that cancelled purchase.
  10. JYards calculates the refund values as follows:
  11. All refunds will be returned to the (payment card) or the (store credit) of the buyer account used for paying for the solicitation of the product item that JYards agreed to return and refund—according to the applicable refund article.
  12. Refunds will be initiated within three (3) working days from receiving an official notification from the vendor(s) indicating their receipt of the returned items that are eligible for return and refund.
  13. Once a refund is initiated by JYards, a JYards employee will inform the relevant buyer with such update via email. For cash refunds, if the buyer noticed that his/her cash refund is late or missing, he/she shall double-check their payment card company and/or their bank first, before trying to contact JYards, as wire transfers may take some time before they are officially posted. Once the buyer receives a responsible answer from his/her payment card company and/or bank, he/she can contact JYards at ([email protected]).
  14. JYards does not provide any kind of guarantee for any product item it markets, sells, and/or accepts to be returned, and this includes but not limited to the following:
    • JYards does not provide any guarantee on the accuracy of the stock-availability indicator of any product item, but is responsible for resolving relevant issues, whenever happen.
    • JYards does not provide any guarantee on the level of shipping and delivery services, and does not guarantee that the product item(s) will arrive on time. JYards may be able to understand the reasons for delay(s) either by contacting the vendor of the product item(s) or the shipping agency that was selected by the vendor to fulfill the shipping and delivery service.
    • JYards does not provide any guarantee on the arrival of the purchased product item(s), but is responsible for resolving relevant issues, whenever happen.
    • JYards does not provide any guarantee on the correctness, completeness, and/or manufacturing faultlessness of any product item received, but is responsible for resolving relevant issues, whenever happen.
    • JYards does not provide any guarantee on the quality and safety of any faultless and/or faulty product item, and is not responsible for such cases.
  15. Other than eligible refunds, JYards does not provide any kind of compensation to any shopper and/or buyer, and this includes but not limited to the following:
    • Cancellation of orders and/or the cancellation of product items within orders.
    • Fragmented delivery product items of any order consisting of more than one item.
    • Delays in delivery.
    • Delays in cash refund and/or store credit refund.
    • Wrong and/or incomplete deliveries.
    • Not meeting the shopper and/or buyer expectations or satisfaction.
    • Injuries caused by any purchased product item.

 


3. Store Credit Policy. 

  1. Shoppers cannot buy Store Credit. Store Credit is provided by JYards to buyers eligible for Store Credit refunds, within three (3) working days from the vendor’s receipt of the corresponding returned items.
  2. Store credits expire after nine (9) months from the date of issuing them, and can be used online at any time during this period. JYards will try to send one reminder email to the buyer holding store credit(s) to fully consume the credit(s) that is about to expire at least thirty (30) days before the expiry date. Even if JYards failed to send such reminder emails, aged store credit will be expired according to this Policy.
  3. Store Credit is not redeemable and is not exchangeable for cash, except in the following cases:
    • If JYards is to be acquired by another company, while JYards failed in reaching to written agreement with the acquirer to maintain their commitment towards fulfilling the rights of store credit holders until the date of acquisition.
    • If JYards is planned to shutdown and it has valid store credit refunds that shall be reimbursed.
    • If the holder of an expired Store Credit proved to JYards that it is illegal for Store Credit to expire as per the applicable laws in the country operating the payment method he/she had used to originally pay for the returned items eligible for Store Credit refund.
    • Negligible values that cannot be used to buy any product item on JYards.
  4. Store Credit can only be used on orders of the account associated with it. Thus, Store Credit cannot be transferred to another person or account.
  5. Any buyer can use his/her valid store credits in as many orders as possible.
  6. Buyers eligible for store credit refunds shall treat Store Credit like cash. JYards is not responsible for stolen Store Credit codes.
  7. JYards issues online store credits to buyers eligible for store credit refunds, using the “Gift Card” mechanism, and each gift card shall hold a unique Store Credit code for recipients to use online at checkout.
  8. Holders of Store Credit may not be able to use their credits to buy Gift Cards.
  9. Buyers finding difficulties in locating their gift card emails, can contact ([email protected]) for more information.

 


4. Shipping Policy. 

  1. Within (12) hours of receiving a new order, JYards will be communicating it with the corresponding vendor(s) to ship the purchased product item(s)—unless JYards was facing out-of-control technical difficulties. For delays or difficulties originating from the vendor(s)-side and hindering the processing of one product item or more, JYards shall contact the buyer to come to an agreement for the resolution, even if the resolution would be cancelling the purchase of a product item or more, and refunding such.
  2. Product items ready for dispatching will be delivered from the vendors’ warehouses to the ship-to address as shown in the order confirmation email.
  3. JYards calculates the shipping fees of an order in accordance with its actual overall merchandise value, as shown in the following table, which may subject to continual review and amendment:
    Shipping  Fees
  4. JYards cannot correctly estimate the duration of shipping and delivery of any item, and does not guarantee timely delivery of items, due to the following factors:
    • The variation in time durations needed by each vendor to verify the payment, before processing the order.
    • The variation in processing time durations needed by each vendor to prepare the purchased item(s) for shipping.
    • The use of different third-party shipping agencies—as applicable to the country of origin and as applicable to the country of destination too.
    • The variation in time zones.
    • The variation in cross-border circumstances and processing times.
  5. Any order consisting of more than one product item delivered by different vendors, will probably be shipped in separate packages on different dates; and thus, the buyer will receive his multiple merchandise in batches on different dates and/or times.
  6. JYards does not include import fees such as custom duties, taxes, and levies in its pricing. Such fees will be due once the shipped goods arrive at the country of destination. The buyer is responsible for such fees and for complying with the laws and regulations of the country of destination. JYards does not have any responsibility on any additional charges that may apply.
  7. If a buyer refuses to pay the import fees, taxes, and/or duties associated with his/her order, the related package(s) will be returned to the vendor(s), and the buyer will be responsible for their loss, as JYards will not make a refund in such cases.
  8. If a buyer is a tax exempt organization, the buyer shall include their tax exemption information with the order by adding it to the special notes field provided on checkout, before launching the order.
  9. JYards is not liable for delivering to wrong shipping addresses. The buyer holds the responsibility of correcting wrong deliveries caused by providing wrong shipping addresses, on his/ her expense.
  10. JYards cannot change the ship-to address of any placed order.

 


5. Terms of Use Policy.

OVERVIEW

This website and/or app is operated by JYards. Throughout the website and app, the terms “we”, “us” and “our” refer to JYards. We offer this website and/or app, including all information, tools, and services available from them to you, the user, conditioned upon your acceptance of all the terms, definitions, and policies of JYards.

By visiting our website, app, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website and app, including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or app. By accessing or using any part of the website and/or app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website and/or app, or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to JYards’ website and/or app shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or app following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website and/or app.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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 website and/or app through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website or app is not accurate, complete, or current. The material on this website and app 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 website or app is at your own risk.

This website and app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website and app at any time, but we have no obligation to update any information on our website and app. You agree that it is your responsibility to monitor changes to our website and app.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our product items marketed on our website, app, social media pages, and any selected third-party e-marketplaces, are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to cancellation, return, and/or refund—only in accordance with our Policies.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website and app is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

In the fashion category, our marketed product items are usually supported with images for models showcasing the posted apparel, footwear, accessories, and/or beauty products. A portion of these imaged products may be:

  • Skin revealing—from which a fraction of them is considered sensual skin-baring (which may be described by some industry expert as flirty or sexy), another fraction is considered provocative skin-baring (which may be described by some industry expert as seductive or sultry), and another fraction consists of intimate products.
  • Inspired by folk costumes.

If you find any of our fashion product items and/or contents indecent, offensive, insensitive to native folks, and/or culturally inappropriate, then you should know that we do not carry such intentions, and you may decide not to access the website and/or app, or use any services.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order 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 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, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at JYards. You agree to promptly update your account and other information, including your email address, mobile phone number, and payment card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.

Our discounted prices are calculated based on the selling prices we decide to set, and on the published sale off percentages we decide for each item on sale; however, the value of any discounted selling price is automatically rounded up to the nearest integer before we deduct (0.01).

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools, over which we neither monitor nor have any control nor input. 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.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and 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).

We may also, in the future, offer new services and/or features through the website and app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website or app may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, 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 relevant third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send complaints, queries, notifications, requests, product item reviews, 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libelous 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.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website and app, or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product item 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 in the Service or on our website, app, social media pages, and any selected third-party e-marketplaces is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website and app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website and/or app, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our website, app, and social media pages 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, regional, federal, national, and/or provincial 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, app, 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, app, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 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 by us) 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.

In no case shall JYards, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless JYards and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website and app.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website and app, or in respect to The Service constitutes 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 Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country where the headquarters of JYards exist.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and app. It is your responsibility to check our website and/or app periodically for changes. Your continued use of or access to our website and/or app, or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

 

 


 6. Privacy Policy.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from JYards. When we talk about “Personal Information” in this Privacy Policy, we are talking about the following:

 

INDIVIDUAL INFORMATION

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • First name and last name
  • Gender
  • Date of Birth
  • Email address
  • Phone number
  • Address
  • Ship-to Address
  • Wishlist

 

DEVICE INFORMATION

When you visit the website, we automatically collect certain information about your computer device, including information about your IP address, time zone, web browser, some of the cookies that are installed on your device, unique device identifiers, and other diagnostic data—as applicable.

When you access the Service with a mobile device, the collected data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the website, and information about how you interact with the website.

We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit: (http://www.allaboutcookies.org). Examples of Cookies we use:
  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.
  • “Log files” track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the website.

 

LOCATION DATA

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.

 

ORDER INFORMATION

Additionally when you make a purchase or attempt to make a purchase through the website, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.

We use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

  • PayPal

Their Privacy Policy can be viewed at: (https://www.paypal.com/webapps/mpp/ua/privacy-full).

 

  • TAP Payment

Their Privacy Policy can be viewed at: (https://www.tap.company/kw/en/privacy-policy).

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use your Individual Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link (if made available) or by contacting us to ([email protected]).

We use the Device Information and Location Data that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our website (for example, by generating analytics about how our customers browse and interact with the website, and to assess the success of our marketing and advertising campaigns).

We use the Order Information that we collect generally to fulfill any orders placed through the website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the website -- you can read more about how Google uses your Personal Information here: (https://www.google.com/intl/en/policies/privacy/). You can also opt-out of Google Analytics here: (https://tools.google.com/dlpage/gaoptout).

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at: (http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work).

You can opt out of targeted advertising by using the links below:

  • Facebook: (https://www.facebook.com/settings/?tab=ads)
  • Google: (https://www.google.com/settings/ads/anonymous)
  • Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: (http://optout.aboutads.info/).

 

DO NOT TRACK

Please note that we do not alter our website’s data collection and use practices when we see a Do Not Track signal from your browser.

 

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

SECURITY OF DATA

The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the email: ([email protected]).

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

 

DATA RETENTION

When you place an order through the website, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

MINORS

Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at ([email protected]). If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

 

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sharing of your personal data and your rights, please use the below links.
Rakuten Advertising
Privacy Policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/
Your Rights : https://rakutenadvertising.com/legal-notices/subject-requests/