Welcome to Josie’s Colourful Journey website (“Josie’s Colourful Journey,” “we,” “us” or “our”).
Please take some time to review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing JosiesColourfulJourney.Com (the “Website”), you (the “User” or “you”) represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions (“Agreement”); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Josie’s Colourful Journey reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the Website. It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You agree that you shall be bound by any such modifications to those terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS. If you do not want to be bound by these Terms, do not use Josie’s Colourful Journey website.
These Terms are effective unless and until terminated by Josie’s Colourful Journey. Josie’s Colourful Journey may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Josie’s Colourful Journey’s website and the restrictions imposed on you with respect to the Content (as defined herein) and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Josie’s Colourful Journey shall also have the right without notice and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual’s right to access or use the Website or any portion thereof.
Access and Use of Website
- You cannot access or use the Josie’s Colourful Journey website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;
- You must not modify, adapt or hack into the Website or modify another website so as to falsely imply that it is associated with the Website.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).
Ownership, Proprietary Information, and Intellectual Property
All text, images, photographs, logos, illustrations, descriptions, data and any other materials provided on the Website are collectively referred to as “Content.” The Content may contain omissions, errors, or may be out of date. Josie’s Colourful Journey reserves the right to change, delete, update or otherwise alter the Content at anytime without providing further notice. The Content is provided for informational purposes only and is not binding on Josie’s Colourful Journey in any way except to the extent that it is specifically indicated to be so.
Except for Content linked to or from an external source, all other Content that appears as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively (“Intellectual Property”) are the property of Josie’s Colourful Journey.
The website as a whole and all Content and Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given express written permission to use by Josie’s Colourful Journey, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, transfer, or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in this Agreement, is strictly prohibited.
Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by Josie’s Colourful Journey of such linked content. Linked sites are operated, controlled or maintained by their respective owners and Josie’s Colourful Journey is not responsible for the content, security, policy, practices or availability of such linked sites. Links to other sites are provided for your convenience only. Accessing of such linked sites is at your own risk.
All prices displayed on the Website are quoted in U.S. dollars. Josie’s Colourful Journey reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Josie’s Colourful Journey as necessary. Josie’s Colourful Journey reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Website are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by Josie’s Colourful Journey. The receipt by you of an order confirmation does not constitute Josie’s Colourful Journey’s acceptance of an order. Prior to Josie’s Colourful Journey’s acceptance of an order, verification of information may be required. Josie’s Colourful Journey reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Josie’s Colourful Journey, for any reason. Josie’s Colourful Journey reserves the right to limit the number of items ordered and to refuse service to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Josie’s Colourful Journey shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Josie’s Colourful Journey shall promptly credit the credit card account in the amount of the incorrect price.
Limited License; Personal, Business, and Non-Commercial Use Limitation
You are hereby granted a non-exclusive license to view the Content on the Website, but only while accessing the Website. Except to the extent required for the limited purpose of reviewing material on the Website, electronic republication, adaptation, distribution, performance or display is prohibited. Commercial use by you of any of the Content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites is also strictly prohibited.
You agree that you are only authorized to visit, view and retain a copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the Website for any purpose, unless specifically authorized by Josie’s Colourful Journey.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website.
You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Linking Sources to Our Website
If Josie’s Colourful Journey authorizes you to deep-link your website or a service offered by your website to josiescolourfuljourney.com, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Josie’s Colourful Journey has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Josie’s Colourful Journey and its technology, including all ownership rights, remain the exclusive property of Josie’s Colourful Journey; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Josie’s Colourful Journey may terminate your access at any time in its sole discretion.
Josie’s Colourful Journey reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
i. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech;
ii. References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations ;
iii. Messages commenting on other users;
iv. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
v. Content that is advertising or commercial in nature, or is inappropriate based on the applicable subject matter;
vi. Language that violates the standards of good taste or the standards of this Website, as determined by Josie’s Colourful Journey in its sole discretion;
vii. Content determined by Josie’s Colourful Journey to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
viii. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
ix. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Josie’s Colourful Journey at www.josiescolourfuljourney.com/contact-us.
Although Josie’s Colourful Journey cannot monitor the conduct of its users of the Website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Josie’s Colourful Journey for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMER AND LIMITATIONS
a. Disclaimer. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL JOSIE’S COLOURFUL JOURNEY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, JOSIE’S COLOURFUL JOURNEY’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
C. ALL PRODUCTS SOLD BY JOSIE’S COLOURFUL JOURNEY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, JOSIE’S COLOURFUL JOURNEY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS EXPRESSLY STATED HEREIN. JOSIE’S COLOURFUL JOURNEY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to indemnify, defend and hold harmless Josie’s Colourful Journey, its agents, distributors and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. Josie’s Colourful Journey reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Josie’s Colourful Journey in asserting any available defenses.
Changes to this Agreement
Josie’s Colourful Journey reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Website.
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Josie’s Colourful Journey shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New Jersey, including New Jersey rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, USA, in all disputes arising out of or relating to this Website. Access to our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees and costs.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or use of the Website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
JOSIE’S COLOURFUL JOURNEY PRIVACY STATEMENT
This statement summarizes Josie’s Colourful Journey’s policies regarding personal information that may be collected or submitted to us through the Josie’s Colourful Journey website of www.josiescolourfuljourney.com (“Website”) or via any other means of collection.
Your Privacy is Important to Josie’s Colourful Journey
Information We Collect
We may require Customers who visit our Website and purchase products on our Website (collectively the “Service”) to give us contact information, which may include but is not limited to the Customer’s name, company name, address, phone number, email address, cookies, IP logs, billing information, billing name and address, credit card number, and other information as detailed below under “Personal Information” (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it when asked or not using the Website, although not providing it may hinder your ability to use the Website.
You may also have the ability to update or remove your Personal Information by logging into the Website and editing your Personal Information within your profile (to the extent one exists). However, archival or backup copies of said information will not cease to exist and Josie’s Colourful Journey shall not be liable for any problems in this editing process.
Information collected is used to provide and maintain the Website and is used at Josie’s Colourful Journey’s discretion. This Information can also be used to contact you to further discuss interest in our company, the services we provide, and to send information regarding Josie’s Colourful Journey, its products and other activities such as promotions and events. You may be invited to receive email correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with legal processes and/or law enforcement requests, or to conduct any business as Josie’s Colourful Journey, in its sole discretion, deems reasonable.
Josie’s Colourful Journey may also email (or send via other methods) information regarding updates to the Website, newsletters, advertisements, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in such promotional emails or by emailing us at https://josiescolourfuljourney.com/contact-us. Despite unsubscribing from such list, Josie’s Colourful Journey may send confirmation emails if you order online and may need to contact you by phone, email or regular mail with questions or issues concerning your order. Any opt-out by you is not deemed valid until processed by Josie’s Colourful Journey. Josie’s Colourful Journey shall not be liable for problems arising from the opt-out procedure.
We acknowledge that you have the right to control how your Personal Information is collected and used.
The type of Personal Information that may be collected or submitted to Josie’s Colourful Journey includes, but is not limited to the following:
- Your name, current address, age group, email address, telephone/cell phone number and fax number;
- Information about your visit to the Website, which includes the date and time of your visit, the pages accessed and the documents retrieved;
- The type of browser used when you visit our Website, and
- Any personal correspondence, which includes emails
Other information you provide is not required by us but may assist with responding to your request more effectively.
Why Do We Collect Personal Information?
Josie’s Colourful Journey offers various products and services to our Customers and also strives to meet the needs of our Customers. We use your Personal Information for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics.
To do this effectively, we need to collect certain Personal Information.
The Personal Information We Collect From You
All Personal Information we collect from you requires your consent, for example, opening an account, purchase and delivery of products, special offers, etc. We may request your consent from time to time to take part in improved product performance or for marketing purposes that we think will be useful to you. However, unless you are informed otherwise, the Personal Information we hold is for establishing and managing our business and customer relationship with you. Sensitive information is subject to greater restrictions and governed by law.
By communicating with Josie’s Colourful Journey, including by email and by completing online forms, you are giving your consent to the collection of what Personal Information you provide.
You have the right to anonymity and do not have to supply us with information. However, if you choose not to provide the information and we need to fulfill your request for a specific product, we may be unable to provide you with that requested product.
Keeping a Record of Personal Information
Depending on the product you have acquired, it may be necessary to keep a record of the transaction for business purposes or to enable us to respond to your concerns.
We may hold Personal Information for the following purposes:
- Internal accounting and administration;
- To supply you with information about your account including regular statements;
- To respond to inquiries;
- Enhancing customer service, product options and to improve product performance;
- Promotions, competition entry forms, redemption vouchers, and special offers where you voluntarily supplied your personal details;
- To administer sales records;
- To provide information about us, our products, services and special offers; and
- To analyze our website usage.
Occasionally we require organizations outside Josie’s Colourful Journey to provide a service for purposes, which are necessary for us to conduct our business, functions and activities (for example advertising names of competition winners and delivering products). We take all steps to ensure these organizations both inside and outside of the United States deal with Personal Information according to this Policy.
Our Disclosure of Your Information/Security
Although Josie’s Colourful Journey uses industry standard practices to protect your Personal Information, due to technical limitations, WE DO NOT REPRESENT, WARRANT AND/OR GUARANTEE THAT PERSONAL INFORMATION WILL REMAIN SECURE. Therefore, we cannot and do not guarantee, and you should not expect, that your Personal Information or private communications will always remain private. Notwithstanding this, as a matter of policy, we NEVER sell or rent any Personal Information about you to any third party.
The following describes some of the ways that your Personal Information may be disclosed and you expressly agree that your Personal Information may be disclosed by Josie’s Colourful Journey in the following ways:
- Cookies. When you visit the Website, our server may attach a small data file known as a “cookie” to your hard drive. This enables us to analyze usage patterns on our Website in order to tailor it to our users’ needs. Cookies are safe and cannot be used to deliver a virus. Cookies only identify your computer to our servers when you visit our Website. Most web browsers are set to accept cookies. If you do not wish to accept cookies, you can refuse the transfer of cookies to your computer’s hard drive by adjusting your Internet browser. Without accepting a Cookie, you can browse through our site, but you will be unable to establish a shopping cart session and make a purchase on-line.
- Legal Requests. Josie’s Colourful Journey may lawfully disclose your Personal Information for law enforcement or regulatory purposes.
How We Manage Your Personal Information
You may have contact with us personally, by telephone, mail, over the Internet or other electronic medium. We take all reasonable steps to keep your Personal Information secure in a combination of secure computer storage, hard copy files and other records. We take steps to protect the personal information we hold from misuse, loss, unauthorized access, modification or disclosure. You have the right to access the Personal Information you have provided to us. If you require details of your Personal Information held by us, we will need to verify your identity before meeting your request, which we will process in a reasonable time. If you find that the information we hold about you is inaccurate or out of date then we will promptly correct it upon receipt of the changes from you.
As far as permissible under law, Josie’s Colourful Journey accepts no responsibility for the unauthorized access of Personal Information held by Josie’s Colourful Journey.
The Children’s Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. JosiesColourfulJourney.com is not directed at children under 13, and does not knowingly collect any personal information from children under 13.
Changes to Our Privacy Statement
From time to time, it may be necessary for us to review and revise our privacy statement. We reserve the right to change our privacy statement at any time and to notify you by publishing an updated version of the policy on the Josie’s Colourful Journey website at www.josiescolourfuljourney.com.
How To Contact Us If You Have A Problem Or Complain
If you have any queries in relation to this policy or its administration or if you would like more details of the type of personal information Josie’s Colourful Journey holds, for what purposes, and how we collect, hold, use and disclose that information, please contact Josie’s Colourful Journey at www.josiescolourfuljourney.com/contact-us.