Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
Welcome to www.secondshower.us. These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.secondshower.us (the “Site”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer" or “User” hereinafter) and Modison.co (referred to as “we”, “our”, “Second Shower” or “secondshower.us” hereinafter).
1. Application and Acceptance of the Terms
1.1 Your use of the Site and Second Shower's services and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that Second Shower may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 16 years old) to form a binding contract with Second Shower, or (b) you are not permitted to receive any Services under the laws of local countries/regions including the country/region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Second Shower may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If Second Shower has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Second Shower or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Second Shower.
2. Provision of Services
2.1 You must register on the Site in order to access and use some Services. Further, Second Shower reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to users (“Users”) or subject to other conditions that Second Shower may impose in our discretion.
2.2 Some Services may be provided by Second Shower’s affiliates on behalf of Second Shower.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Second Shower may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Second Shower may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in the case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Second Shower, or otherwise commercially exploit the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Second Shower is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read Second Shower’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Second Shower and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 Second Shower may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Site. You acknowledge that Second Shower has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Second Shower and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Second Shower’s feedback system, such as leaving positive feedback for yourself using secondary email accounts or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Second Shower or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Second Shower to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on secondshower.us, advertising outside secondshower.us and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Second Shower that you have all the rights, power and authority necessary to grant the above license.
4. Transactions
4.1 Customers agree to provide all information and materials as may be reasonably required by Second Shower in connection with orders placed at secondshower.us. Second Shower has the right to suspend or terminate any Customer's account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
4.2 Each User agrees that Second Shower shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any use or storage of any products purchased from secondshower.us.
4.3 Second Shower will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
4.4 When you make a purchase, you agree that the risk of loss transfers from Second Shower to you from the moment our shipping carrier delivers your order to the destination provided in your purchase.
4.5 Customers agree to rules and regulations around website promotions, discounts, bundles, and similar price offerings. Discounts and site-wide promotions are applicable to non-returned products only, and adjustments may be made retrospectively on transactions to correctly reflect the promotion earned in the event of order cancellation or returned products.
5. Limitation of Liability
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN OR IN WARRANTIES ISSUED BY SECOND SHOWER, THE PRODUCTS AND SERVICES PROVIDED BY SECOND SHOWER ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND SECOND SHOWER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECOND SHOWER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; SECOND SHOWER DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND SECOND SHOWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE