- When we say “Psarr,” we mean Psarr, LLC. and any subsidiaries of Psarr, LLC. We also refer to Psarr as “we,” “us” and “our.” But when we say “Psarr Entities,” we mean Psarr and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- When we say “Psarr Sites,” we mean www.psarr.com, , the Psarr Apps, and all related functionality, services, and Content offered by or for Psarr on or through www.psarr.com and the Psarr Apps or the systems, servers, and networks used to make the Psarr Sites available.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Psarr Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Psarr Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Psarr Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that Psarr Entities make available on or through the Psarr Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT WE ARE GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
- Your Use of the Psarr Sites
You certify that the Content you provide on or through the Psarr Sites is accurate and that the information you provide on or through the Psarr Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Psarr is not responsible for any losses arising out of the unauthorized use of your account. You agree that Psarr does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Psarr Sites. You agree that Psarr is not a party to any such agreement, nor is Psarr responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Psarr Sites or any portion of the Psarr Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Psarr Sites or any portion of the Psarr Sites.
- In connection with the Psarr Sites, you will not:
- Make available any Content through or in connection with the Psarr Sites that is or may be in violation of the content guidelines set forth in Section 3.C(Prohibited Content) below.
- Make available through or in connection with the Psarr Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Psarr Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Psarr Sites.
- Interfere with or disrupt the operation of the Psarr Sites or the systems, servers, or networks used to make the Psarr Sites available, including by hacking or defacing any portion of the Psarr Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Psarr Sites.
- Reverse engineer, decompile, or disassemble any portion of the Psarr Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Psarr Sites.
- Frame or mirror any portion of the Psarr Sites, or otherwise incorporate any portion of the Psarr Sites into any product or service, unless you obtain Psarr’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Psarr Sites, without Psarr’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Psarr Sites or Psarr’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Psarr trademark, logo, URL, or product name without Psarr’s written consent;
- Content and Ideas
A. Submitting Content and Ideas
B. Psarr’s Rights to Use Content and Ideas
You grant to Psarr a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Psarr is free to use any Ideas for any purpose. Psarr may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Psarr is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Psarr the right to use any name associated with any Content or Idea that you make available to Psarr, although Psarr has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the Psarr Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Psarr), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Psarr in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Psarr;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Psarr, its related entities, employees, and agents;
- violates any policy posted on the Psarr Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Psarr Sites or our partners.
- Monitoring by Psarr
- Materials Available on the Psarr Sites
Psarr and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Psarr Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Psarr Sites, we would appreciate it if you let us know by contacting us at email@example.com
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE PSARR ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Psarr has no liability to you for content on the Psarr Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Psarr is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Psarr Entity, Marketplace Retailer (as defined below in Section 15.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Psarr Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Psarr’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
- Third Party Sites
- Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
B. Pricing Information; Availability
Psarr cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Psarr Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Psarr reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Psarr. Psarr may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Psarr Sites or from prices available in Psarr stores or on Psarr Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
- Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Psarr Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Psarr Sites to addresses outside Cambodia is limited. Some Products also have restricted delivery within Cambodia.
- Intellectual Property
No license, right, title, or interest in the Psarr Sites or any Materials is transferred to you as a result of your use of the Psarr Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Psarr Sites. The Psarr Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Psarr Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Psarr Sites and Materials is the exclusive property of Psarr and is also protected by Cambodia and international copyright laws.
- Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Psarr Sites in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
- Third-Party Software & Licensing Notices
- Terms Applicable to Special Psarr Services
A. Psarr MarketplacePsarr operates an online marketplace program on the Psarr Sites (available at https://www.psarr.com) which enables Marketplace Retailers to sell their products alongside Psarr products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Psarr Marketplace”). Any use of the Psarr Marketplace is subject to the following additional terms:
- When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Psarr Marketplace through the Psarr Sites, uses any order processing, fulfillment, shipping, or other services related to the Psarr Marketplace provided by or for Psarr, or uses any platform, portal, web service, application, interface, or other tool provided by or for Psarr in connection with the Psarr Marketplace.
C. Mobile Checkout Services
Psarr Apps may enable customers to scan products at Psarr stores with their mobile devices and use mobile checkout solutions (“Mobile Checkout Services”). Any use of the Mobile Checkout Services is subject to the following additional terms:
- You agree to accurately scan all products before checkout when using any Mobile Checkout Services, and to pay for all products you obtain from any Psarr store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), please consult with a Psarr employee to make sure all items are reflected on your physical or electronic receipt.
- You agree that Psarr may review the products in your possession and/or your receipt or proof of purchase on your mobile or other electronic device at any time and request that any products be re-scanned, and that any product or order price be re-calculated. In the event you and any Psarr employee calculate different totals for your purchase, the calculation confirmed by the Psarr employee will be the amount payable by you.
- You agree to fully cooperate with us and our employees during your use of any Mobile Checkout Services, including by providing any identification or verification required for the purchase of certain products.
- We may restrict, suspend, or terminate your right to use any Mobile Checkout Services at any time in our sole discretion. We may cease or suspend offering any Mobile Checkout Services at any time without notice to you.
Certain Psarr Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Psarr in-store purchase receipt. Any use of the Psarr eReceipt service is subject to the following additional terms:
- There is no charge from us to use Psarr eReceipts, but your data service provider’s message and data charges may apply. Psarr and text message carriers are not liable for delayed or undeliverable messages.
- We may alter, suspend, or terminate your use of Psarr eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Psarr eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the Psarr eReceipts service is subject to all applicable laws and regulations.
E. Psarr Online Grocery Services
Any use of the Psarr Grocery service (is subject to the following additional terms:
- Once you have placed an order for Psarr online grocery services, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
- There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
- Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
- We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
- Notwithstanding the foregoing, all refunds will be subject to our discretion.
ii. Psarr Online Grocery Services Delivery and Pickup
- We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Psarr will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
- We can only deliver to an address stored in your address book in your account on the Psarr Grocery Site.
iii. Psarr Online Grocery Services Promotion Codes
- Only promotional codes issued by Psarr can be used for Psarr online grocery services. Grocery Promo Codes cannot be used in PsarrGrocery Promo Codes issued by Psarr are, and will remain, the property of Psarr and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.
- Grocery Promo Codes can be added to your Psarr online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.
- All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.
- We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against Psarr in connection with such rejection or cancellation of a Grocery Promo Code. Psarr will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.
- Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.
- Disclaimer of Warranties
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, PSARR WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PSARR SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE PSARR ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO PSARR ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PSARR SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO PSARR ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE PSARR SITES.
- Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Psarr Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Psarr will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
- How to Contact Us
If you have any questions or comments, please contact us at firstname.lastname@example.org
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Last updated on November 29, 2017