Our No 1 priority is the customer service experience that complies with our terms of service.
Because customer satisfaction is our No1 Priority, so is ensuring our terms of service meet the expectations of our customers.
Terms of Service Agreement between User and eminence-international.com
Use of https://www.eminence-international.com
is conditional on your acceptance of the terms of service conditions,
& notices contained herein (the "Terms" or "terms of service").
Your use of https://www.eminence-international.com constitutes your agreement to all such Terms and Terms of Service. Please read these terms of service carefully, and keep a copy of them for your reference.
https://www.eminence-international.com is an Online Marketplace Site.
Eminence-international Marketplace is an e-commerce platform that enabled third-party sellers to sell their products on a fixed-price online marketplace.
Terms of Service
Privacy
Your use of https://www.eminence-international.com is subject to eminence-international's Privacy Policy. So please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.eminence-international.com/ or sending emails to eminence-international constitutes electronic communications. You consent to receive electronic communications.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
By using this site;
You're responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Furthermore, you may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that eminence-international
is not responsible for third party access to your account that results from theft or misappropriation of your account.
eminence-international and its associates reserve the right to;
refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
If you are under 18, you may use https://www.eminence-international.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations are only accepted for full-priced items, within 60 minutes of the order being placed.
All requests for a refund or store credit must be within 30 days from the date you receive your order.
Any cancellation requests not made within this 60-minute window are rejected.
Due to the custom-made nature of some of our handmade products, we can not offer refunds for any handmade item.
Links to Third Party Sites/Third Party Services
https://www.eminence-international.com may contain links to other websites ("Linked Sites").
All Linked Sites and their contents are not the responsibility or under the control of eminence-international.
Including without limitation any link contained in a Linked Site.
Or any changes or updates to a Linked Site.
eminence-international provides these links to you only as a convenience.
The inclusion of any link does not imply endorsement by eminence-international of the site or any association with its operators.
Several services made available via https://www.eminence-international.com are delivered by third party sites and organizations.
By using any product, service or functionality originating from the https://www.eminence-international.com domain, you hereby acknowledge and consent that eminence-international may share such information and data with any third party, with who eminence-international has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.eminence-international.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Strictly in accordance with these terms of use.
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.eminence-international.com
As a condition of your use of the Site.
You agree that you will not use the Site for any unlawful or prohibited purpose.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site. Or interfere with any other party's use and enjoyment of the Site.
You agree to observe and abide by all copyright and other proprietary notices, and legends. Or other restrictions contained in any such content and will not make any changes thereto.
Your use of the Site does not entitle you to make any unauthorized use of any protected content. Therefore, you will not delete or alter any proprietary rights or attribution notices in any content. Furthermore, you will use protected content solely for your personal use. You will make no other use of the content without the express written permission of eminence-international and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of eminence-international.
Or our licensors except as expressly authorized by these Terms of Service.
Use of Communication Services
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters;
eminence-international has no obligation to monitor the Communication Services.
eminence-international reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in eminence-international's sole discretion.
We advise you to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
Materials Uploaded
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://www.eminence-international.com or Posted on Any eminence-international Web Page
eminence-international is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in eminence-international's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the eminence-international Content accessed through https://www.eminence-international.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless eminence-international, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. eminence-international reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eminence-international in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.
All disputes, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and eminence-international agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
PERIODICALLY CHANGES ARE ADDED TO THE INFORMATION HEREIN.
eminence-international, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
eminence-international, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. eminence-international, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL eminence-international, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination/Access Restriction
eminence-international reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governance Clause
This agreement is governed by the laws of the State of Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Melbourne, Victoria, Australia in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eminence-international as a result of this agreement or use of the Site. eminence-international's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of eminence-international's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by eminence-international with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Age Restriction:
You may not use or engage with the Platform if you are under thirteen (18) years of age.
Prohibited Content:
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
All products, services, or promotions that may be considered unlawful where such product, service, or promotion thereof is received;
Dispute Resolution:
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Melbourne, Victoria, Australia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which eminence-international LLC’s principal place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).
The Parties Agree
The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.
The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.
The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time.
You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Changes to Terms of Service
At its sole discretion, eminence-international reserves the right, to change these Terms of Service Conditions under which https://www.eminence-international.com/ is offered.
Privacy Policy - Click here to read our Privacy Policy.
Cookie Policy - Click here to read our Cookie Policy.
Shipping Policy - Click here to read our Shipping Policy.
Contact Us
Eminence-international welcomes your questions or comments regarding these
Terms of Service
Eminence International LTD
Address:
Eminence International,
1106 Malvern Rd
Armadale,
Victoria 3183, Australia
Phone: +61370181751
Email: support@eminence-international.com
Hours of business: Monday -Friday, 9 a.m. - 5 p.m.