Terms of Access
Last revised February 7th, 2018
Thank you for visiting this Portal about Frudia. The Portal is operated by Hesed USA, LLC.
READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Our role and some definitions.
The Hesed Portal makes it easier for Users to order products from Welcos Company Limited, a company organized under the laws of Korea (“Frudia”) for delivery in the continental USA only. All of Hesed’s portal, websites, and mobile applications are hereinafter collectively referred to as the “Portal”. Hesed acts as limited agent of Frudia through the Portal only and the benefit of these Terms extends also to Frudia.
The Portal and your use of the Portal doesn’t change anything about your relationship with other Users, your physician(s), pharmacist, or any other health provider(s), which relationships remain at all times governed by the terms you have agreed separately with each of them. Hesed doesn’t provide advice. User is ultimately responsible for its own choices. Hesed does not itself manufacture, pack, sell, deliver, or invoice products to User. You understand that, upon making an authorized order through the Portal, Frudia is your vendor in that sale, not Hesed who only acts as limited agent.
Hesed does not act as your agent or on your behalf.
Hesed reserves the right, at its entire discretion, to modify the Portal or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Portal. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Portal after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Portal.
Contact. If you have any questions for us concerning this Agreement, the Hesed Portal generally, or if you notice Digital Millennium Act compliance issues, please contact us at email@example.com. All unauthorized, unsolicited, and/or commercial contacts from other Users outside the Hesed Portal are to be reported immediately at the same email address.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
Age Requirement. The Portal is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Portal only with involvement of a parent or guardian.
Hesed Account. You may be required to register an account prior to accessing certain services or areas of the Portal. With respect to any such registration, we may refuse to grant to you the User name you request. Your user name and password are for your personal use only. You are responsible at all times for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to other rights available to Hesed, Hesed reserves the right to terminate your account, refuse service to you, or cancel orders, at Hesed’s option and at its discretion.
Upon your initial request to access the Portal, we will issue you certain identifying information (such as an account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “Hesed Credentials”). You understand and agree that all Hesed Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third party providers to store your Hesed Credentials.
Hesed will request that its providers use reasonable efforts to keep your Hesed Credentials and Payment Credentials secure.
Payment Credentials. You must obtain your payment credentials (“Payment Credentials”) directly through the API of your electronic payment service provider linked on the Portal, with whom you will open your own account and must abide by that service provider’s terms to obtain, use, secure or terminate your Payment Credentials. We do not store your Payment Credentials at Hesed itself and have requested from our providers that they do not store them beyond what is reasonably necessary for you to input your Payment Credentials into the payment platform through the API on the Portal web page. We do not have the capacity to recall or retrieve your Payment Credentials and you understand that our providers may delete any Payment Credentials you input through the Portal web page at any time.
You must have a payment method that’s valid on the Portal and pay all amounts associated with our Portal by the payment due date. If your primary payment method fails or your account is past due, you authorize us to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees.
By entering Payment Credentials on the API of your electronic payment service provider linked on the Portal and ordering offerings, you immediately authorize Hesed and/or Frudia to trigger API payment activity and/or charge any payment methods on file in your Payment Credentials or Hesed Account for all amounts you agreed to be due pursuant to orders made, including but not limited to, purchase price, security deposits, cancellation fees, processing fees, usage fees, fines/penalties and taxes (including sales tax, GST, PST, VAT and other similar value added taxes), and you furthermore represent and warrant that you have the right to make this authorization.
In addition, Hesed will facilitate your payment of the applicable amounts on behalf of Frudia as Frudia’s limited payment collection agent, using the preferred payment method designated in your Payment Credentials or Hesed Account. You will be responsible for all of the costs relating to any citations and fines incurred during the ordering process. You are responsible for paying all purchase price to Hesed and/or Frudia when due. Applicable taxes will either be added to or be inclusive of the purchase price as applicable in the jurisdiction where Frudia will deliver the ordered products.
If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Hesed and/or Frudia may use a secondary payment method indicated in your Payment Credentials or Hesed Account.
Hesed does not guarantee that your electronic payment service provider or its API will perform as you intend. You remain at all times responsible for payments owed to Hesed and/or Frudia pursuant to orders made.
Purpose of Sales. All sales of Frudia products thought the Portal are limited to personal use and may not, without the express prior written approval of Frudia, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
Your viewing experience. While Hesed makes all reasonable efforts such that the Portal displays product colors as accurately as possible, your own individual experience may vary. Notably, the actual colors you see will depend on a number of factors including the monitor you use and your choice of settings on that monitor. Hesed makes no guarantee that the display of any color will be accurate.
Return Policy. If you are unsatisfied with your experience on the Portal, please contact us as indicated above. If for any reason you are not satisfied with any products you purchase on the Portal, please follow the process stated in our Return Policy.
Beauty Products Disclaimer. Your use and selection of cosmetics, fragrance and beauty products ("Products") requires that you exercise care to be certain that all directions and warnings from the manufacturer are observed and followed. You are aware of the possibility that some people may have allergic or other reactions to Products.
Frudia may offer Products from various fine producers sourced worldwide. Frudia will endeavor to provide you with product labeling information, however, Frudia may not be the manufacturer of all of the Products it sells. You are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
For any information or advice from Frudia found on the Portal with respect to Products, whether in chat rooms, in Product descriptions, or otherwise, Frudia may rely upon advice from third-party manufacturers and from licensed beauticians. As to any Products of which Frudia is not the manufacturer, Frudia will, upon request, endeavor to identify the manufacturer of that Product and provide you with the contact information of that manufacturer.
Order Acceptance. Shipping. Receipt of order confirmation by email or otherwise does not constitute acceptance of an order by Frudia or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Portal or in any catalog or other advertisement. Frudia reserves the right, without prior notification, to limit the order quantity on any product to any customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. Frudia reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. Frudia also reserves the right, in its sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from Frudia for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by Frudia, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Frudia is higher than our stated price, we will at our discretion, either contact you for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on Frudia may be different from prices available in stores or on mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. Frudia is not obligated to fulfill any order and may refuse any order. Alternatively, Frudia may accept the order and notify the customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges that are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Portal, Frudia is not obligated to include a refund of any shipping and handling charges or gift-wrap charges.
Risk of Loss. Risk of loss for and title to products purchased on the Portal passes to the purchaser upon delivery to the carrier.
Third Party Sites and Ads. The Portal may contain links to third party sites and advertisements for third parties (collectively, "Third Party Sites and Ads"). The manner, mode and extent of such advertising are subject to change without specific notice to you. Such Third Party Sites and Ads are not under the control of Hesed and Hesed is not responsible for any Third Party Sites and Ads. Hesed provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site and Ads, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites and Ads that are found on or through the portal, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Contests. The Portal may, from time to time, provide links to contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
User Obligations. You agree that you will always use the Portal in compliance with the Terms, applicable law, and any other policies and standards provided to you by Hesed.
In connection with your use of or access to the Portal you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Hesed or Hesed’s clients, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Hesed; and (ii) breach, violate, and/or circumvent any local, state, provincial, or federal law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations.
Violations. Hesed has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law.
Hesed reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content that Hesed, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Portal or our community. If we believe you are abusing Hesed, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Portal, remove hosted content, and take technical and/or legal steps to prevent you from accessing or using our Portal. Additionally, we reserve the right to refuse or terminate our Portal to anyone for any reason at our discretion.
Support. Hesed may choose, but is not obligated, to provide support. Support may be discontinued at any time.
By using this Site, you agree that Hesed or Frudia at their sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Portal, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in the English language under the rules of the American Arbitration Association and held at the AAA regional office in New Jersey; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will User be permitted to obtain awards for punitive damages and User further waives all rights to have damages multiplied or increased.
Content. You agree that Hesed and its licensors are the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in any content on the Portal including, without limitation, photos, images, logos, captions, data and text. You shall take no action to challenge or object to the validity of such rights or Hesed and its licensor’s ownership or registration thereof.
Image or photo content. You understand that if Hesed uses any image or photo content on the Portal it is intended only to indicate a photographic representation of persons or objects at the time the photograph was taken, without any other representation.
Hesed Portal and License. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Hesed Portal are owned by Hesed or Hesed’s suppliers. The provision of access to the Portal does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Hesed and its suppliers reserve all rights not granted in this Agreement.
Subject to your compliance with the provisions of these Terms, Hesed grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Hesed Portal content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hesed or its licensors, except for the licenses and rights expressly granted in these Terms.
Digital Millennium Copyright Act. If you think a User is violating anyone’s copyright(s) and want to notify us, you can find information about submitting notices on the official US Digital Millennium Copyright Act site online. We respond to notices of alleged copyright infringement and terminate access of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.
Trademarks. Logos, headers, graphics, button icons, scripts, and service names included in or made available through the Portal are trademarks or trade dress of Hesed or its licensors. Such trademarks and trade dress may not be used in connection with any product or service that isn’t sold by Hesed or its licensors, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hesed or its licensors. All other trademarks not owned by Hesed or its licensors that appear on the Portal are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hesed.
Suspension and Termination. You may discontinue your use of the Portal at any time.
Hesed may terminate or suspend your access to the Portal for any reason or no reason. Termination of access to the Portal will not release either party from any obligations incurred prior to the termination. Termination of this Agreement will not have any effect on the disclaimers, waiver, or liability limitations, or legal disputes provisions under this Agreement, and all of those terms will survive any termination of this Agreement.
Disclaimers. HESED IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PORTAL OR FOR ANY THIRD-PARTY PROVIDER OF PORTAL CONTENT OR LINKS. THE PORTAL INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PORTAL, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, HESED EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Hesed makes no warranty that the Portal will meet your requirements or be available on an uninterrupted, secure, or error-free basis, or that the Portal will be free from unauthorized access (including third-party hackers or denial of service attacks). Hesed makes no warranty regarding the quality of any content or links on the Portal or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Portal. No advice or information, whether oral or written, obtained from Hesed or its service providers or through the Portal or its contents, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. NEITHER HESED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PORTAL, OR FROM THE USE OF OR INABILITY TO USE THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST HESED AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “HESED PARTIES”) AND ANY HESED USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING, WITHOUT LIMITATION, A PRODUCT OR A SERVICE MISREPRESENTED, INADEQUATE, INACCURATE, INCOMPLETE OR UNSAFE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HESED AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
General Disclaimer for all products sold by Frudia. Frudia makes no representation or warranty that the information accessible through the Portal is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on the Portal is subject to change without notice. Frudia shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Portal.
All materials and information presented by Frudia on the Portal are intended to be used for informational purposes only. The products advertised on the Portal are not intended for use in the cure, diagnosis, mitigation, treatment, or prevention of any disease, and are not intended to affect the function or structure of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made on the Portal.
If you believe that any information on the Portal is inaccurate, please contact us as indicated above.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Hesed and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or your violation of these Terms, any Portal content, or your interaction with any User.
No Agency. Hesed does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Hesed and Hesed will not make commitments on your behalf, except as contemplated by the Portal or as expressly stated in this Agreement.
Security. You acknowledge that no method of transmission over the Internet, or method of electronic storage, is perfectly secure and our means of protecting your free access to the Portal is proportional to our small budget. While we strive to use providers that deploy commercially acceptable means, we cannot guarantee absolute security. We rely heavily on our service providers for security, and have asked them to follow generally accepted industry standards.
General. Hesed’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including Hesed’s policies referenced herein, constitute the entire agreement between you and Hesed with respect to the use of your Hesed Account and the Portal. Save for Frudia or as expressly provided herein, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Hesed and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Hesed. You will remain responsible for your obligations hereunder in any event. A Hesed Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.