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Terms of service

Mandala Scrubs

Terms of Service

 

Effective Date: June 2, 2024

Thank you for your interest in Mandala Scrubs (“Mandala,” “we,” “us” or “our”). These Terms of Service (“Terms”) govern your use of Mandala, including any use of the Services and any products made available by Mandala, on any website that links to these Terms regardless of the manner in which such website is accessed.

Our website provides information about certain of our products, content and services (collectively, our “Services”) and resources related to the same which may be available at one of our retail locations or via e-commerce.

Please read these Terms carefully. These Terms represent a binding contract between you and us, and by accessing our website, creating an account or otherwise using Mandala, you expressly agree to be bound by them. We may update these Terms from time to time, in our discretion. Certain features of our website or Services may be subject to additional terms, rules or regulations, which will be posted to our website in connection with the same. All such additional terms, rules or regulations are incorporated by reference into these Terms.

THESE TERMS AFFECT YOUR RIGHTS AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US. If you do not agree to be bound by these Terms, or the Terms are not enforceable where you are located, then you may not use Mandala.

Account Registration and Maintenance

In order to use certain features of the website (e.g., to use any e-commerce Services which may be made available), you may need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address,  a password, and other information as detailed in our Privacy Policy (collectively, “Account Information”). By registering for a Mandala account, you represent and warrant that you are at least the age of majority in your jurisdiction of residence, have the legal capacity to enter into these Terms by and between you and us, and agree to be bound by these Terms in their entirety.

You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow Mandala to contact you from time to time. You agree that we may send email communications to you for customer service, account and/or product confirmations, product offers and other similar matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we may still send you account and/or Services related communications, such as purchase confirmation and similar transactional messages.

Your Access and Use of the Mandala Website and Services

You can access and use the Mandala website and our Services solely for personal, non-commercial use, and subject at all times to these Terms. Our website and Services are available to you as long as you are not barred from Mandala by applicable law and your access is not otherwise terminated by us or by you. 

The use of Mandala is at your own risk. To the extent applicable, you are responsible for maintaining the confidentiality of your Account Information and agree to notify us immediately of any unauthorized use of your Account Information or if you otherwise believe your Account Information has been compromised. Notification regarding any unauthorized use can be sent to hey@mandalascrubs.com. Notwithstanding the foregoing, you are responsible for any damages or losses suffered by Mandala via the use of your Account Information.

Orders and Deliveries; Returns

Orders will be initiated when you submit an order through our website. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us as a part of the Services or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide you with a seamless delivery process.

Prior to delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.

If for any reason you are not satisfied with your Mandala products, we will accept returns for up to 30 days after the date of shipment for a full refund, no questions asked.

Accuracy of Information, Products and Pricing

We attempt to ensure that the information provided through the website, including any Mandala Content and our Services, is complete, accurate, and current, but except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided here. Mandala shall not be responsible for any errors or omissions on the website; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.

Not all Services that appear on our website may be offered for sale in your jurisdiction. Certain products may not be available at the time you place an order.

The prices are displayed in U.S. dollars and do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply. You are responsible for paying all taxes associated with your purchase hereunder. Before you complete an order, all such applicable charges will be provided to you. If Mandala has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority. In connection therewith, you will indicate which products are tax exempt when you place any order.

Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice. Orders are billed at the prices in effect at the time the order is placed.

Intellectual Property

Content on our website is provided by Mandala and its licensors, including, but not limited to, graphics, photographs, images, text, trademarks, logos, product and program names, slogans and the compilation of all of the foregoing (“Mandala Content”). Mandala Content is, as between you and Mandala, the property of Mandala and is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not copy or store Mandala Content in any form outside of the Mandala website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Mandala Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Mandala and Mandala Content are, as between you and us, the sole and exclusive property of Mandala. Any dated Mandala Content is valid as of the indicated date only.

Some Mandala features either now or in the future may allow you to post or submit content and materials for publication on our website (“Your Content”). You represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Mandala. You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Mandala or the specific features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You may also be able to view or access content and materials published to our website by other users (collectively, “User Content”). Mandala does not control User Content and cannot guarantee its accuracy. Mandala is not responsible for User Content and you should keep this in mind when making any decisions based on such User Content. We appreciate when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.

Mandala Communications

By establishing an account, or otherwise providing your contact information, you agree that we may send communications to your email address as well as by telephone or text message at any of the phone numbers provided by you or on your behalf in connection with your account, calls and/or push notifications to the mobile telephone number or to other contact information that you provide, for purposes of customer service, confirmations, newsletters, marketing and product offers, and other matters. You may opt out of much of this communication by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages which we may send.

Restrictions and Prohibited Uses

Mandala is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our service. Except with our written permission, you may not:

  • Attempt to impersonate another person or use another person’s account information without express, written authorization;
  • Distribute Mandala products or Services for your own commercial purposes;
  • Violate or attempt to violate any of Mandala’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
  • Redistribute, decompile, reverse engineer, publish, or copy any portion of the Mandala website or services;
  • Use Mandala for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search Mandala by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use and enjoyment of Mandala;
  • Use any Mandala trademarks, trade names, service marks, copyrights, or logos in your own mailings, spam material, contests or surveys, or to create the impression you are associated with such items;
  • Violate any third party’s rights, including intellectual property or privacy rights.

Written requests regarding any of the aforementioned restrictions and prohibited use may be submitted to hey@mandalascrubs.com. Engaging in prohibited uses is grounds for immediate termination of your Mandala account and may also subject you to civil or criminal penalties.

Privacy

For more information on our privacy practices, including the ways in which we collect and use your information, please visit our Privacy Policy, which is hereby incorporated in full into these Terms. Mandala may integrate with third party providers as necessary to provide the Services and will share your information with those third party providers.  

Security

Mandala maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the website and Services. No such measures are capable of guaranteeing complete security though, and Mandala disclaims all implied warranties as to the security of the platform.

DMCA/Copyright Policy

Mandala respects the intellectual property rights of others and we require our users to do the same. Mandala has adopted the following policy concerning copyright infringement in accordance with the  Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this section.

If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Mandala’s Copyright Agent:

·      Information reasonably sufficient for Mandala to contact you: name, address, phone and email address (if available);

·      A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;

·      Information reasonably sufficient to permit Mandala to locate your work on the site;

·      A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;

·      A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;

·      A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Mandala by mail or email as set forth below:

Email: dmca@mandalascrubs.com

Mailing Address:

            DMCA Mandala Scrubs

c/o Taft, Stettinius & Hollister LLP

2200 IDS Center

80 South Eighth Street

Minneapolis, MN 55402-2210

If sending your notice by electronic mail, please make sure to write "DMCA Copyright Notice" in the subject line.

Limited Warranty

Mandala warrants that our products will materially conform with the description(s) set forth on our website as well as with any product informational materials which are provided by or otherwise made available to you (whether online or in physical form) by Mandala for a period of 30 days from the date of shipment. In the event of any breach of the foregoing warranty, we will make all necessary repairs, or replace the affected products, without additional cost to you. You may also, at your option, elect to return the product within the warranty period and receive a full refund on the non-conforming product.

This warranty does not apply in the event of any damage or non-conformity which is caused by misuse, or attempted or unauthorized repair or modification. 

EXCEPT AS OTHERWISE SET FORTH HEREIN ABOVE, MANDALA AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANDALA AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING MANDALA AND OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MANDALA OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO MANDALA FOR THE PRODUCTS AND SERVICES, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF MANDALA; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT MANDALA WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

Indemnity

You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Mandala, Your Content, or the violation of these Terms by you.

Agreement to Arbitrate and Waiver of Class Action Claims

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at hey@mandalascrubs.com. Before we file a claim against you, we agree to contact you at the email address associated with your Mandala account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

A. GENERAL. YOU AGREE THAT YOU AND MANDALA WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO MANDALA OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.

C. LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Dover, Delaware, or any other location you and we mutually agree to.

D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.

E. CLASS ACTION WAIVER. YOU AND MANDALA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

F. NO RIGHT TO JURY TRIAL. YOU AND MANDALA ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision via email to hey@mandalascrubs.com.  For new users, the notice must be sent within 30 days of registering with Mandala, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.

General

(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Delaware law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Dover, Delaware, as the legal forum for any dispute between them.

(c) Updates. Mandala, in its sole discretion, may make changes, updates, enhancements or similar to the website or our Services at any time, with or without notice. We may add or remove certain features and functionalities, or may discontinue the Services or platform altogether. 

(d) Third Party Links. Mandala may provide links to third party websites or services as necessary to effectuate the services. We provide these links as a convenience and these third party websites or services are not under our control. Any use of such third party websites or services is at your own risk. 

(e) Notice. All notices from Mandala to you will be provided to the email address that you provide to Mandala when registering your account. All notices from you to Mandala should be provided to hey@mandalascrubs.com. Notice will be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid.  

(f) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Mandala website or by posting updated Terms at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of Mandala following the effective date means that you agree with, and consent to be bound by, the updated Terms.

(g) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by Mandala, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.