Membership Terms & Conditions

  1. INTRODUCTION

THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN II ¶ 1, AND YOUR RELATIONSHIP WITH UNI GRACE CORPORATION dba PARFAIT., ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “PARFAIT”).

THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION. 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site or the Services.

 

Notice of Agreement to Arbitrate

By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.

  1. ABOUT THE SERVICES
  1. 1. Services. These Terms describe the terms and conditions on which you may access and use the Parfait website located at Parfaitlingerie.com (the “Site”), the Parfait mobile site (the “Mobile Site”), and related services (together with the Site, the Mobile Site, and the Parfait Content, as defined below, the “Services”).
  2. Changes in Contract Terms. We reserve the right to change the Terms on which we offer the Services, including adding new terms or deleting existing ones. If we make any material changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of the Services, please contact help@parfaitlingerie.com. If you notify us that you do not accept our Terms, we may cancel your access to or use of the Services (as provided in section III Paragraph 6 below), as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms.  



Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services without parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.

  1. Privacy. We take your privacy seriously. To learn more about our privacy practices, please read our privacy policy.

 

 

III. USE OF PARFAIT SERVICES 

  1. Licenses. Subject to the Terms, Parfait hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Parfait in advance and in writing. Subject to the terms of these Terms, Parfait also grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control. In case of breach of the Terms, Parfait reserves its right to revoke the licenses granted in this paragraph without notice to you, in addition to any other available remedy.”  
  2. Replication/Distribution. Except as permitted in the paragraph above, you may not (and may not attempt to or permit any third party to) reproduce, distribute, display, rent, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, derive the source code for, interfere with or otherwise exploit the Services or any portion or component thereof or access thereto unless expressly permitted by Parfait in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by Parfait in advance and in writing.
  3. Use of Content on Services 
    1. Parfait Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Parfait Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the Parfait Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact our customer service department. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
    2. 3rd Party Content. The Services may contain links or references to non-Parfait websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Parfait is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Parfait Lingerie, and Parfait has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Parfait endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
    3. Acceptable Use. No part of the Services, including the Parfait Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Parfait authorizes you to view, copy, download, and print Parfait Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use the Parfait Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Parfait Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Parfait Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Parfait considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; (vii) impersonate any other person, including but not limited to, a Parfait representative; (viii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child); (ix) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (x) violate any applicable local, state, national or international laws or regulations.  
  4. Use of Your Content. If you voluntarily post, upload or make available to Parfait or the Services, or otherwise voluntarily submit to or through Parfait as part of your use of the Services, including the Site or App, reviews or photos relating to your use of the Products (“Your Content”), you hereby grant to Parfait perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity.. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Parfait to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
  5. Email Registration. Access to parts of the Services requires the creation of a user account, including a password that you choose upon registration. You should ensure to choose a strong password and to modify it regularly. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the Terms, and Parfait has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Parfait promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
  6. Access Restriction. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Parfait may also terminate your account if Parfait determines that your conduct poses a risk or liability to Parfait Lingerie, or for any other reason as determined by Parfait in its sole discretion.
  7. Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Parfait and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms
  8. Electronic Communications. When you use any of the Services, or send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Site or App, and you can retain copies of these communications for your records. As a registered user of Parfait Lingerie, you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. SALE OF PRODUCTS
  1. General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
  2. Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
  3. Collections. If you do not pay the amounts you owe to Parfait when due, then Parfait will need to institute collection procedures. You agree to pay Parfait Lingerie’s costs of collection, including, without limitation, reasonable attorneys’ fees.
  4. All Sales As Is. The services and products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW. 
  5. Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase and is subject to change. All prices on the Parfait Services are listed in U.S. Dollars. Parfait is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Parfait reserves the right to alter Purchase Price, discount, or availability of any item at its discretion and without notice. Upon your purchase order for a Product, you authorize Parfait to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Parfait are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.

 

  1. SPECIAL PROGRAMS
  1. General. Parfait provides certain special programs, as described under this Section.  
    1. Parfait reserves the right to add, remove or modify special program benefits at any time, but we will use reasonable efforts to notify you of any material changes.
    2. Failure to Comply with Membership Terms. We reserve the right to pursue any amounts you fail to pay in connection with any special program in accordance with these Terms.
    3. Termination. We may terminate any of the special programs, or your membership in any of these programs, at any time. If we do so, we will notify you concerning the membership and any benefits accrued in your account in connection with your membership.
    4. Limitation of Liability. PARFAITMAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND PARFAIT LINGERIE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

VII. INTELLECTUAL PROPERTY 

  1. Ownership of Services. The Site is owned and operated by Parfait Lingerie. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Parfait or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Parfait Lingerie, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Parfait Lingerie’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact our team if you have any questions about obtaining such licenses. Parfait does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Parfait Lingerie. Any rights not expressly granted herein are reserved by Parfait Lingerie.
  2. Copyright. All Site design, text, graphics, the selection, and arrangement thereof, Copyright © Parfait Lingerie, Inc. ALL RIGHTS RESERVED.
  3. Trademark. Parfait Lingerie, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Parfait Lingerie. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
  4. License for Site. Subject to your compliance with these Terms, Parfait grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
  5. Notice and Copyright. Parfait takes protection of Copyright very seriously. If you believe any Parfait Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Parfait Lingerie’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.

 

VIII. TERMINATION 

  1. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Parfait may also terminate your account if Parfait determines that your conduct poses a risk or liability to Parfait Lingerie, or for any other reason as determined by Parfait in its sole discretion.
  2. In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
  1. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
  1. Limited Warranties. No other warranties are granted by Parfait in connection with the Services or Products. Your sole and exclusive remedy and Parfait Lingerie’s sole and exclusive liability for a breach by Parfait of its obligations with regard to the Services or Products shall be, at Parfait Lingerie’s option, Parfait Lingerie’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
  2. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, PARFAITDOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE PARFAITCONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 
  3. Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL PARFAITBE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF PARFAITHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

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