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TERMS OF USE

Effective Date: November 15, 2019

This Terms of Use and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which Health and Happiness (H&H) Inc., an Illinois corporation, with offices at 225 Broadway Suite 450 San Diego, CA  92101 (“Swisse,” “we,” “us” or “our”) offers you access to www.swisse.com, the Swisse Rewards Program, or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between Swisse and you.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
  • YOU WILL COMPLY WITH THIS AGREEMENT; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT 

IMPORTANT NOTE

Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.”  These provisions limit Swisse’s liability to you and affect how disputes are resolved.

If you do not agree to any term of this Agreement, please do not use the Services. 

CHANGES TO TERMS

The Effective Date of this Agreement is set forth at the top of this webpage.  As we add new features, we may revise or supplement this Agreement.  We will provide you with advance notice of material revisions to this Agreement.  We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services.  Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended.  As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.

ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them.  Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply.  Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement.  If you do not agree to Additional Terms, then you may not use the Services to which they relate.  This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply. 

SWISSE CONTENT

Swisse and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Swisse Content”).  The name "Swisse" and the Swisse Logo, and other trademarks used in the Services are trademarks of Swisse or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion.  All other trademarks not owned by Swisse that appear in the Services are the property of their respective owners.

If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy Swisse Content solely for your own personal use. 

Except for content that is in the public domain or unless Swisse provides you with written authorization to do so, you may not:

  • Incorporate any Swisse Content into any other work (such as your own website) or use Swisse Content in any public or commercial manner;
  • Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Swisse Content in any form or by any means;
  • Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Swisse Content; or
  • ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

EXCEPT FOR SWISSE CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. SWISSE IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. SWISSE TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.

ANY INFORMATION RELATED TO HEALTH OR WELLNESS PROVIDED ON www.swisse.com OR ANY RELATED WEBSITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE OR REPLACE DISCUSSIONS WITH A HEALTHCARE PROVIDER.

USING THE SERVICES

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You are required to create an account to use certain features of the Services.  Swisse offers three types of accounts (your, “Account”):

  • Registered linked business accounts, business accounts that can make purchases by using a purchase order number and can create authorized user accounts;
  • Authorized business user accounts, created by registered linked business accounts to act on the business’ behalf; and
  • Registered unlinked accounts, non-business affiliated users of the Services. 

You agree that you will maintain your Account information to ensure that it is always current, complete and accurate.  If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.

You agree to protect the security of your Account.  You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Swisse treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution.  Swisse may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.  Please immediately notify Swisse using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services.  If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device. 

Certain Services may offer text messaging (SMS or MMS) services.  Message and data rates may apply.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT SWISSE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

We do not guarantee availability of the Services at all times of the day. Swisse may from time to time perform upgrades, updates or otherwise make the Services unavailable.  To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, Swisse has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only. 

You agree that you will not (and you agree not to encourage or allow any third party to):

  • Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or Swisse’s computer systems or networks,
  • Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
  • Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
  • Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
  • Use the Services to advertise, buy or sell any products or services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
  • Reformat or frame any portion of the web pages that are part of the Services without Swisse’s written consent;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • Create an Account under fraudulent pretenses; or
  • Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

PRODUCTS AND ORDERS

Purchase made through this website are subject to our Terms and Conditions of Online Sale. Please review the Terms and Conditions of Online Sale carefully prior to making a purchase through the Services.

The products and information found on the Services are not intended to replace professional medical advice or treatment. The statements made on the Services have not been evaluated by the Food and Drug Administration (FDA). Our dietary supplements and other products are not intended to diagnose, treat, cure or prevent any disease or medical condition. Individual results may vary. Swisse urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks, and to share with your provider any information pertaining to your health and wellbeing, including the use of supplemental nutrition.

SUBMISSIONS 

Swisse may from time to time offer areas in the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, “Submissions”).  You are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

  • Your Submission is true and accurate;
  • You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to Swisse under this Agreement; and
  • Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

SWISSE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR SUBMISSIONS. ALL SUBMISSIONS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.

PROMOTIONS 

From time to time, Swisse may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”).  You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion.  ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM Swisse, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials.  We may disqualify any individual who tampers with any Promotion.  CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions.  Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE Swisse AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

SWISSE REWARDS PROGRAM ELIGIBILITY AND MEMBERSHIP

The Swisse Rewards Program is a rewards program offered at the sole discretion of Swisse. There is no purchase, payment or credit card required to sign up for, join and/or participate in the Rewards Program (the “Program”). To be eligible for participation in the Program, you must be a United States resident and at least the age of legal majority or older in your place of residence. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Swisse and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.

By joining the Program you agree that you have read, understood and agree to be bound by this Agreement and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. You should review this Agreement frequently to understand the terms and conditions of the Program as they may change from time to time. By enrolling in the Program, you also agree to be bound by our website Privacy Policy, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to this Agreement shall confirm your acceptance of and agreement to be bound by the modified Agreement, therefore you should periodically review them to be aware of any changes. If you do not agree to this Agreement and our website Privacy Policy you cannot participate in the Program. 

Program Enrollment

Eligible individuals may enroll in the Program at participating Swisse by visiting www.swisse.com. To enroll online, visit www.swisse.com and follow the Program prompts to enroll. You must have a valid www.swisse.com account to complete your registration for the Program. It is free to sign up for a www.swisse.com account and it is also free to enroll in the Rewards Program of the Program. THERE IS NO REQUIREMENT TO MAKE ANY PAYMENT OR PURCHASE OR TO PROVIDE ANY CREDIT CARD INFORMATION TO SIGN UP FOR A WWW.SWISSE.COM ACCOUNT OR TO ENROLL IN THE REWARDS PROGRAM. 

To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, telephone number and zip code. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at 855-979-4773.

Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

How the Program Works

The Program allows you to earn rewards based on qualifying purchases. Once you earn rewards you may be eligible to redeem rewards for certain benefits, which benefits and rewards may change from time to time and may be offered on a limited basis. Rewards may be earned by creating an account, making a purchase, following Swisse on Facebook and Instagram, spending over $100, having a birthday, leaving a review and ordering a product subscription.

Purchases made online at www.swisse.com are eligible for earning rewards in the Program, excluding gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase").

To earn rewards for a Qualifying Purchase made online, you must be logged into your Swisse account at the time of purchase. Rewards cannot be earned retroactively for online orders that have already been completed prior to logging into your Swisse account. You can check for your available awards online at any time through your Swisse account. Please allow approximately 14 days after a Qualifying Purchase for your Swisse account to update to reflect your rewards earned.

Program rewards have no cash value, cannot be sold and are non-transferable. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will be issued a new reward for your next purchase. In the case of a multi item purchase, which results in a partial return, the reward will be considered used and will not be reissued. If the item is instead exchanged, the value of the reward may be reapplied to your exchanged item.

Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.

We reserve the right to determine the rewards in any Program account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.

If you have concerns regarding your Swisse account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Swisse account, please contact our customer service team by email at hello@swisse.com or by telephone at 855-979-4773.

Program Termination, Cancellation or Modification

The Program and its benefits are offered at Swisse's sole discretion. We may terminate, cancel, modify or restrict this Agreement and/or the Program or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

If you decide that you no longer want to participate in the Program you may cancel your membership at any time by contacting our customer service team at 855-979-4773.

We reserve the right, in our sole discretion, to terminate any member from the Program for any reason, including but not limited to, a member's failure to comply with this Agreement, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with this Agreement or the Program.

If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued rewards or benefits in your Swisse account at the time of such cancellation or termination.

DISCLAIMER OF WARRANTIES 

Swisse warrants that Swisse has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SWISSE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Swisse specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Swisse does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Swisse or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST SWISSE  ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SWISSE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Swisse would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

DISPUTE RESOLUTION

If you have a complaint about the Services, please contact Swisse via email at hello@swisse.com.

YOU AND HEALTH AND HAPPINESS (H&H) INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HEALTH AND HAPPINESS (H&H) INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

GOVERNING LAW AND JURISDICTION

This website is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Ilinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. 

NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information: 

The provider of the Services is:

Health and Happiness (H&H) Inc.
225 Broadway Suite 450 San Diego, CA  92101
855-979-4773

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

INTERNATIONAL USE

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Swisse’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law.   Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.   The Services are not intended for distribution to or use by  any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Swisse or its affiliates to any registration requirement within such jurisdiction or country.

TERMINATION

You may terminate your Account at any time for any reason effective upon written notice to Swisse. Swisse reserves the right immediately to suspend or terminate your access to the Services without notice if Swisse believes you violated this Agreement.

Termination will not limit any of Swisse’s other rights or remedies.  The sections titled Swisse Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY 

If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (3) your contact information including address, telephone number and email address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright agent at: Kevin Mecum, c/o Health and Happiness (H&H) Inc., 225 Broadway Suite 450 San Diego, CA  92101, usamarketing@hh.global, 855-979-4773. Registration Number: DMCA-1030754.

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.

LINKS TO OTHER WEBSITES AND SERVICES

The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Swisse is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Swisse of the Linked Services or any association with the operators of the Linked Services. Swisse does not investigate, verify or monitor the Linked Services.  Swisse provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

GENERAL TERMS

  • This Agreement (i) inures to the benefit of and will be binding upon Swisse’s and you and your successors and assigns, respectively and (ii) may be assigned by Swisse but you may not assign them without the prior express written consent of Swisse.
  • This Agreement, together with our Privacy Policy, contain the entire understanding by and between Swisse and you with respect to the Services.
  • If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
  • If Swisse fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
  • Nothing contained in this Agreement will be deemed to constitute Swisse or you as the agent or representative of the other or as joint venturers or partners.
  • If Swisse is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
  • The headings and captions contained herein are for convenience only.
  • This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact Swisse via email at hello@swisse.com. 

Health and Happiness (H&H) Inc.
225 Broadway Suite 450 San Diego, CA  92101
855-979-4773
hello@swisse.com

 

TERMS AND CONDITIONS OF ONLINE SALE 

Effective Date: November 15, 2019

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF ONLINE SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Health and Happiness (H&H) Inc. , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms and Conditions of Online Sale (these “Terms”) apply to the purchase and sale of products through www.swisse.com (the “Site”). These Terms are subject to change by Health and Happiness (H&H) Inc.  (“Swisse,” “the Company.” “we,” “us,” or “our”) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Effective Date” referenced on the Site. You should review these Terms prior to purchasing any product that is available through this Site. Your continued use of this Site after the “Effective Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the website Terms of Use that apply generally to the use of our Site and are incorporated herein by reference. You should also carefully review our Privacy Policy before placing an order for products through this Site.

HEALTH AND WELLNESS NOTICE

ANY INFORMATION RELATED TO HEALTH OR WELLNESS PROVIDED ON THE SITE OR ANY RELATED WEBSITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE OR REPLACE DISCUSSIONS WITH A HEALTHCARE PROVIDER.

The products and information found on the Site are not intended to replace professional medical advice or treatment. The statements made on the Site have not been evaluated by the Food and Drug Administration (FDA). Our dietary supplements and other products are not intended to diagnose, treat, cure or prevent any disease or medical condition. Individual results may vary. Swisse urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks, and to share with your provider any information pertaining to your health and wellbeing, including the use of supplemental nutrition.

ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

PRICES AND PAYMENT TERMS

Prices posted on this Site may be different than prices offered by us elsewhere. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

RETURNS AND REFUNDS

We undertake to replace any product delivered to you that is faulty or is in a damaged condition, provided such return is made within thirty (30) days of shipment with valid proof of purchase.

If you wish to return a faulty or damaged product, you must notify us at hello@swisse.com and we will provide further instructions on how to return the product. If we are unable at the time of return to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately fifteen (15) business days of our receipt and inspection of the returned goods. No credit will be issued for material not in a resalable condition. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

MANUFACTURER’S WARRANTY AND DISCLAIMERS 

The products offered on our Site are manufactured for Swisse by third-party manufacturers. We do not manufacture or control any of the products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

GOODS NOT FOR RESALE OR EXPORT

You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US. 

PRIVACY

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site. 

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

GOVERNING LAW AND JURISDICTION

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.

DISPUTE RESOLUTION AND BINDING ARBITRATION 

YOU AND HEALTH AND HAPPINESS (H&H) INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED. 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HEALTH AND HAPPINESS (H&H) INC.  WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Health and Happiness (H&H) Inc.

NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

NOTICES

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Health and Happiness (H&H) Inc., 225 Broadway Suite 450 San Diego, CA  92101 We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

ENTIRE AGREEMENT

Our order confirmation, these Terms, our website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.