Terms & Conditions
Effective as of August 22, 2023
Access from Outside the United States
This Website is operated by Hadaf from the United States and any data that we collect is sent to us and our servers located in the United States. We make no representation that our Website or its content is appropriate or available for use in locations other than the United States. If you choose to access our Website from locations other than in the United States, you do so at your own initiative and at your own risk and are responsible for complying with applicable local laws.
SMS Marketing Program, Terms and Conditions
By consenting to Brillia’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://discoverbrillia.com/pages/contact-us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Permitted Uses; Limited License
You may not purchase any products for resale purposes.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the information on our Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of our Website or its content. It is possible that our Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to our Website by third parties. If an inaccuracy arises, please inform us so it can be corrected. Information contained on our Website may be changed or updated without notice.
You may elect to create an account with Hadaf, but you must be at least 18 years old to do so. By opening an account, you represent and warrant that you are at least 18 years old. You are responsible for all use of your account and all activity under your account. You represent that all account information provided to us is yours and is accurate.
Misuse of Website
Harassment in any manner or form on our Website, including via email, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hadaf or other licensed employee, host, or representative, and other members or visitors on our Website is prohibited. You may not upload to, distribute, or otherwise publish through our Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law. You may not upload commercial content on our Website or use our Website to solicit others to join or become members of any other commercial online service or other organization.
All products are shipped via our third-party delivery company. Title and risk of loss for all products transfers to you on shipment. If any shipment is lost or damaged, please let us know and we will assist you in working with our delivery company. For additional information on our shipping, please visit our Shipping Policy.
We may limit or terminate your use of this Website at any time, for any reason or no reason, at our sole discretion.
Intellectual Property Rights
Our Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Hadaf or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Hadaf or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Our Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2018 Hadaf, LLC. All rights reserved.
This Website and the content on this Website are provided “as is” and without warranties of any kind, whether express or implied.
Warranties relating to products offered, sold and distributed via this Website are subject to separate warranty terms and conditions. Information on our Return Policy is located here.
To the fullest extent permissible pursuant to applicable law, Hadaf disclaims all warranties, express or implied, with respect to this Website, its content and products sold via our Website, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hadaf does not represent or warrant that our Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website is free of viruses or other harmful components. Hadaf does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither Hadaf, nor our subsidiaries, affiliates or licensors, are liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, this Website, the materials on this Website, or information available through this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Hadaf has been advised of the possibility of such damages. In any event, the maximum amount you can recover from us is one hundred dollars ($100.00), even if such remedy should fail for its essential purpose. If you are displeased with our Website you should simply cease using it. This limitation is a material element of our contract.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our liability in such jurisdictions will be limited to the extent permitted by law.
Delivery of Notice
We may deliver notice to you by means of email, a general notice on our Website, or by other reliable methods to the address you have provided to us.
Choice of Law; Jurisdiction; Venue
Your use of this Website will be governed in all respects by the laws of the State of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, which is disclaimed in its entirety. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website will be in the state or federal courts located in Maricopa County, Arizona. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to our Website must be commenced within one (1) year after the claim or cause of action arises.
Assignment and Delegation of Rights
This Website may link to websites operated by third parties. However, even if the third party is affiliated with Hadaf, we have no control over these linked websites, all of which have separate terms and conditions of use and/or privacy and data collection practices independent of Hadaf. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hadaf seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).
Brillia Referral Gift Program Terms and Conditions
PLEASE NOTE: These Terms contain an agreement by you to resolve disputes arising from these Terms or your participation in or benefits from the Referral Gift Program through binding arbitration on an individual basis. Please review the arbitration agreement below in Section 11 since you are giving up certain rights, such as the right to a jury trial and the right to sue Hadaf in a class action lawsuit.
These Terms may only be modified by Hadaf. We will notify you in advance of any material modifications to these Terms by providing a notice on our website or to your account or otherwise communicating such modifications to you at the addresses or email addresses currently on file for your account. If you are not amenable to such changes when they occur, you may cease using the Referral Gift Program at any time. Otherwise, such modifications will be binding upon implementation. Notwithstanding the foregoing, all Referral Gift Program benefits, offers, and services are subject to availability and may be changed at any time without notice.
Program Termination. Hadaf, in its sole and absolute discretion, may terminate the Referral Gift Program, in whole or in part, with thirty (30) days’ advance notice. Hadaf may also choose to substitute a similar Referral Gift Program for the Referral Gift Program at any time upon notice. You may not receive rewards or benefits after the termination of the Referral Gift Program. If the Referral Gift Program is terminated, all rewards will be forfeited as of the termination date of the Referral Gift Program as set forth on the termination notice, without any obligation or liability. No Credits will be honored after the conclusion of the notice period.
Limitation of Liability. To the fullest extent permitted by law, Hadaf, its affiliates, and its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Hadaf Parties”) will not be liable for any damages of any kind arising out of or in connection with your participation or membership in the Referral Gift Program.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. To the extent permitted by applicable laws, the limitations on Hadaf Parties’ liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree that you have relinquished your right to seek these damages from Hadaf Parties and that this is a reasonable allocation of risk. Notwithstanding the foregoing, in no event will the liability of the Hadaf Parties exceed one hundred US dollars ($100.00) even if such remedy should fail of its essential purpose.
To the extent permitted by applicable laws, you and Hadaf agree that any cause of action arising out of or related to the program must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
Indemnification. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Referral Gift Program, your redemption of any Credit or use of any benefits from the Referral Gift Program, or any violation of any law, rule, regulation or these Terms. We reserve the right to take exclusive control and defense of any claim subject to this indemnification upon notice to you, in which event you will cooperate fully with us in asserting any and all available defenses.
- No Implied Warranties or Representations. Hadaf makes no warranties or representations, either express or implied, with respect to type, quality or fitness of goods or services provided through the Rewards Program.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Hadaf and limit the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement.
- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Hadaf’ intellectual property or other proprietary rights, Hadaf may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
- This Arbitration Agreement applies to you and Hadaf, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of our website provided under the Terms.
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
- Place. The place of arbitration shall be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. The sections herein shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
- Survival. This Arbitration Agreement provision will survive the termination of these Terms.
Limitation on Period to Bring Claims. Any cause of action or claim you may have with respect to our Referral Gift Program must be commenced within one (1) year after the claim or cause of action arises.
Waiver, Estoppel. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms.
- Governing Law. These Terms are governed by the laws of the State of Arizona, U.S.A. without regards to its conflict of laws principles, provided that the above arbitration agreement shall be governed by the American Arbitration Act.
Contact Us. If you have any questions or concerns regarding our Referral Gift Program, contact us via email at email@example.com or via phone at 888-411-6952. We hope to be able to resolve any issue or question you may have about our Referral Gift Program.