Welcome to Aqua Vida. We’re so glad you’re here. Come change the world with us, but please follow our house rules.
The Terms are a legally binding contract between you and Aqua Vida LLC, and all of its subsidiaries collectively, hereafter referred to as “Aqua Vida”.
Please note that Section 11. Disputes with Aqua Vida, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use aquavida.com, our mobile apps, and the other services provided by Aqua Vida, hereafter referred to as “Services”, so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Aqua Vida’s Services connect people around the world, both online and offline, to make, sell, and buy responsible, sustainable, fair trade and eco-friendly goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Both Aqua Vida and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Aqua Vida, will be responsible for that unauthorized disclosure.
If, however, Aqua Vida and sellers are found to be joint data controllers of buyers’ personal information, and if Aqua Vida is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Aqua Vida for the expenses it incurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Aqua Vida.
You’ll need to create an account with Aqua Vida to use some of our Services. Here are a few rules about accounts with Aqua Vida:
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
That sounds like a lot, but it’s necessary for us to keep Aqua Vida going. Consider these examples: if you upload a photo of a listing on your Aqua Vida shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest world-changing product, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Aqua Vida's.
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Termination By You. We'd hate to see you go, but you may terminate your account with Aqua Vida at any time by notifying firstname.lastname@example.org. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Aqua Vida. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Aqua Vida may refuse service to anyone, at any time, for any reason.
If you or Aqua Vida terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Aqua Vida reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Items You Purchase. You understand that Aqua Vida does not manufacture, store, or inspect any of the items sold through our Services, unless they are specifically Aqua Vida branded. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Aqua Vida cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Aqua Vida from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Aqua Vida is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift Cards and Promotions. You acknowledge that Aqua Vida does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Aqua Vida is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Aqua Vida, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Aqua Vida's aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you made through Aqua Vida in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
We hope this never happens, but if Aqua Vida gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Aqua Vida (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Buyer shall indemnify, defend and hold harmless Aqua Vida [and its [officers,] [directors,] employees, agents, affiliates, successors and permitted assigns] (collectively, " Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to/arising out of or resulting from any claim of a third party or Seller arising out of or occurring in connection with the use of this website, willful misconduct or breach of this Agreement. Buyer shall not enter into any settlement without Aqua Vida's or Indemnified Party's prior written consent.
If you find yourself in a dispute with another user of Aqua Vida's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Aqua Vida will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Aqua Vida has no obligation to resolve any disputes.
Release of Aqua Vida. You release Aqua Vida from any claims, demands, and damages arising out of disputes with other users or parties.
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Aqua Vida regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email us at: accounts @aquavida.com .
All notices must be sent by certified mail to Aqua Vida, 686 Village Drive South, North Brunswick New Jersey US 08902.