TERMS & CONDITIONS

Welcome to Eclectic Health & Wellness,

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the relationship us. This website is owned and operated by:

Company Name: Eclectic Health & Wellness, LLC

Type: Limited Liability Company

Principal Office:

1 Main Street

P.O Box 12

Unionville, NY 10988

(hereinafter referred to the “Company” or “Eclectic Health & Wellness” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of (hereinafter referred to as the “Website” or “Site”).

www.eclectichw.com

Eclectic Health & Wellness

sells a range of natural and nourishing products designed to promote wellness and self-care. Our products include: Sea Moss Gels, hair growth oil, hair tonic, hair creams, and hair butters. In addition,

We offer a selection of body butters, which deeply moisturize and hydrate the skin and our super moisturizing emulsified sugar scrub.

(hereinafter referred to as the “Product(s)”)

Please read these Terms carefully, as these, along with our Shipment Policy, Return Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and Eclectic Health & Wellness. If you do not accept these Terms in its entirety, then you may not use the website or make purchases on it.

Additionally, whenever you make a purchase on our website, the same is governed by our Shipment Policy, and Return Policy, and how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Cookie Policy, Shipment Policy, Return Policy, and Privacy Policy statement.

1. Acceptance of the Terms & Conditions By registering on, or accessing or using our website in any way, or by placing an order for any of our Products, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.

ii. You are of sound mind, at least of the legal age of majority as per the laws of the jurisdiction in which you reside, and otherwise competent to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to access and make purchases on the website. Children under the age of 13 years cannot make purchases on the website even with their parent/guardian’s consent.

iii. We must not have previously disabled your account for violation of law or any of our policies or for misuse of any of our products.

iv. You have read, understood, and consented to our Shipment Policy, Return Policy, Cookie Policy, as well as our Privacy Policy statement.

2. ACCOUNTS, PASSWORDS AND SECURITY

a) Account Registration: To access various parts of the Site, and to make purchases on the website, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself.

As part

of the registration process, you will create a password and an account.

b) Social Media Signup: Besides having the option to sign up using email, you also have an option of signing up using your social media accounts, such as Instagram and Facebook. In case you choose to sign up using your social media account, then in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media account. We are not liable for the actions of any social media accounts.

c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of our website.

3. Use of the Site and Products

i. Allowed uses:

a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while placing an order for our Products.

b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All this collected information will be dealt in accordance with our Privacy Policy statement.

c) Copies: You (or cardholder) must retain a copy of transaction records and our legal policies and rules.

d) Material: For the purposes of these Terms, “material” shall mean any text, video,

design, photo, sound material, or product listed on the website or on the products, whether a copyright of Eclectic Health & Wellness, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. Restricted uses:

a) You must not use our Products or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes or post.

b) You can’t impersonate others or provide inaccurate information. c) You cannot use our Site or purchase our Products for the purpose of resale without our consent.

d) You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.

e) You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Products only as permitted by law and as per the directions provided by us.

f) You must not:

• republish material from this website;

• sell, rent or sub-license material from the website;

• show any material from the website in public without our consent;

• edit or otherwise modify any material on the website (other than editing your own information as per the method provided);

• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

• redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;

• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

• We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.

g) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

h) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

i) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.

4. Ownership Rights

This website, domain ( ), all of our Products, logos, content, designs, trademarks, trade dress, trade name, shall remain the sole property of the Eclectic Health & Wellness or its licensors/distributors (as the case may be). Your use of or access to this website or purchase of the Products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, Products, any content published by us or our licensors or third parties. This website, Products, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules and regulations. Trademarks, trade names and designs appearing on this website and our Products are the exclusive property of, or are licensed to the Eclectic Health & Wellness and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or Product may be made without the prior written permission of Eclectic Health & Wellness.

www.eclectichw.com/

5. Privacy

In order to see what personal information we collect and how we use or store or share such information, please refer to the detailed Privacy Policy statement available on our website.

6. Links to Third-party Sites

The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Eclectic Health & Wellness, and Eclectic Health & Wellness is not responsible for any third-party links. Eclectic Health & Wellness provides access to these third- party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Eclectic Health & Wellness shall not be responsible.

7. Orders, Payments and Taxes

All item prices are stated in United States Dollar, unless specified otherwise. All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, or discontinue certain Products at any time at our sole discretion without any prior notice. For details in respect of returns or refunds, please refer to our Return Policy posted on the website.

8. Legal Disclaimer

a) Our products are not intended to diagnose, treat, cure, or prevent any disease. The information provided on our website and product labels is for informational and educational purposes only and is not a substitute for medical advice. If you have a medical condition, are pregnant or nursing, or are taking prescription medication, please consult with a healthcare provider before using any of our products.

b) Our products are made from natural ingredients, but some individuals may have allergies or sensitivities to certain ingredients. Please read the ingredient list carefully before using our products, and discontinue use if you experience any adverse reactions.

c) Recommendations listed on the website are for people of general health and should not be taken as a pharmaceutical medicine and you must seek medical advice from a professional if you are experiencing any health or hair loss issues. d) The information and statements regarding our products have not been evaluated by the Food and Drug Administration (FDA). Eclectic Health and Wellness makes no representations or warranties of any kind, express or implied, about the efficacy or suitability of our products for any particular purpose.

e) The testimonials present on our website are unverified results that have been forwarded to us by some of our clients and are not a guarantee or warranty of any specific goals or results. Individual results always vary.

f) The website, and all its products are provided on an “as-is” and “as available” basis, and Eclectic Health & Wellness (and our owners, partners, licensors, distributors, manufacturers, and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of positive effect on skin, mind, hair or general health, hair gain, prevention of hair loss, quality, suitability, desirability, reliability, completeness, safety, or fitness for a particular purpose. We make no warranty that the website, or any of its products, will meet your requirements, or will be of a quality that you expect, or will always be delivered on time.

g) By purchasing and using our products, you agree to indemnify and hold harmless Eclectic Health and Wellness, its owners, and employees from any and all claims, demands, or causes of action, which may arise from the use of our products, in accordance with

Section 11

below.

9. Limitation of Liability

a) To the maximum extent permitted by law, in no event shall our Company (or our owners, partners, licensors or affiliates) be liable to you or any third party for any damage (including without limitation, hair loss, skin damage, mental agony, loss of confidence, and loss of health), costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Products, or relating to your inability to use or purchase from, the Site, even if Eclectic Health & Wellness has been advised of the possibility of such damages. Access to, and use of, the Site and its products is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.

b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit.

10. Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Eclectic Health & Wellness, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

11. Indemnity

You acknowledge to defend, indemnify, and hold Eclectic Health & Wellness, our owners, distributors, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorney’s fee, made by a third party, relating to, or arising from:

a) Your violation of ours or any third-party right;

b) Your wrongful or improper use of our products or Site;

c) Your violation of any applicable laws, rules or regulations;

d) Your violation of these Terms or any other policy of ours as associated with our products;

e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our products.

12. Governing Law and Dispute Resolution

i. Governing Law: The Terms and any dispute arising from the same will be governed by the

laws of State of New York (USA), except for its conflict of law principles.

ii.

Jurisdiction: Unless provided otherwise by the applicable law prevailing in your jurisdiction,

all disputes must first be attempted to resolved amicably, failing which, such controversy,

conflict or dispute shall be finally settled by bringing it exclusively before the appropriate court

located in Orange County, New York (USA).

13. DMCA Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material or products or content that you believe to be residing on our website ( ) should be promptly sent in the form of written notice to our designated agent.

www.eclectichw.com/

a) Designated Agent (the “DMCA Agent”) for DMCA Notices:











Name: Gregory Lohse

Title: Manager

Phone: 718-702-4162

Email:

admin@eclectichw.com

Postal:

P.O BOX 12 Unionville, NY 10988

b) Filing a DMCA Notice:

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

• Signature of copyright owner or person authorized to act on behalf of the owner;

• Identification of copyrighted work claimed to be infringed;

• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient for us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party (address, phone number and, if available, email address);

• A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement). c) Repeat Infringer Policy: Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

d) False Claim: You could be liable for the punishment for perjury or such other legal recourse if you make false claim alleging copyright infringement.

14. Notices

When you use the website or send emails to Eclectic Health & Wellness, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Eclectic Health & Wellness will communicate with you by post or by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or by posting it to your address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to .

info@eclectichw.com

15. Miscellaneous

i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.

ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.

iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our Site, at our sole discretion.

iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

v. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.

vi. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.

vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.

viii. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Eclectic Health & Wellness, which may be withheld at Eclectic Health & Wellness’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.

ix. Entire Agreement: The Terms, Cookie Policy, Shipment Policy, Return Policy, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Eclectic Health & Wellness and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.

x. Force Majeure: Eclectic Health & Wellness and its third-party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, industrial disruption, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Products after any amendments to the Terms shall constitute your acceptance to such amendments. 16. Grievance Officer

In the event you have any grievance regarding anything related to these Terms, Return Policy, Shipment

Policy, Privacy Policy, or our Products, in that case you may freely write your concerns to the Grievance

Officer/Designated Officer at below:











Name: Gregory Lohse

Title: Manager

Phone: 718-702-4162

Email:

admin@eclectichw.com

Postal:

P.O BOX 12 Unionville, NY 10988

17. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: .

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