Hako Terms & Conditions

January 9, 2018

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE COMPLETING A PURCHASE FOR THE DHC HAKO SERVICE. IF YOU SIGN UP FOR DHC HAKO, YOU AGREE TO THESE TERMS, CONDITIONS, LIMITATIONS AND REQUIREMENTS.

The following terms and conditions ("Terms") apply to your participation in the DHC Hako program. These Terms are between you and DHC USA Inc. and/or its affiliates (“DHC” or “us”) and govern our respective rights and obligations. The Terms, together with any additional applicable terms and conditions related to any promotional offers provided to you for use with the DHC Hako program, constitute the entire agreement between you and DHC related to your Hako program membership.

Please note that your use of the DHC website and membership in the Hako program are also governed by other terms and conditions for use of the DHC website, including DHC’s Terms of Use and our Privacy Policy as well as any other applicable terms, conditions, limitations, and requirements on the DHCcare.com website, all of which (as changed over time) are incorporated into these Terms.

Shipping Benefits

Membership in the DHC Hako program entitles members to free unlimited standard shipping for a one-year period. Please note, delivery of products within the estimated transit time or by the estimated delivery date are not guaranteed.

Standard shipping provides delivery within 3-5 business days via USPS Priority Mail.

Eligible Purchases

DHC Hako membership shipping benefits are limited to products sold by DHC on the DHC website. Changing or combining orders, or changing your shipping address, speed, or preferences might affect eligibility of the shipment for inclusion in the DHC Hako program. Certain products may not be entitled to DHC Hako program shipping benefits because of their size, weight, and other shipping requirements such as aerosol products that must be shipped by ground transport, or other limits imposed at our discretion.

DHC Hako Premier Shipping is available within all 50 United States. The program excludes Canada.

Other Limitations

  • DHC may accept, refuse or terminate membership in the DHC Hako program at our sole discretion.
  • You may not transfer or assign your DHC Hako membership or any DHC Hako program benefits to anyone else.
  • You may not allow other people to use the benefits for your DHC Hako membership.
  • DHC Hako program benefits cannot be used to ship products purchased for the purpose of resale to others.
  • DHC may in its sole discretion add or remove DHC Hako membership benefits during promotions or other high traffic shipping periods with notice to you.
  • Promotions and other offers do not apply to the purchase of an annual DHC Hako subscription.

Annual Fees

The annual membership fee for the DHC Hako program is $10. DHC may offer different membership terms to different clients, and the fees for membership may vary. The DHC Hako membership fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for DHC Hako program shipments. At the time of your membership renewal, we may increase the annual membership fee in our sole discretion but with notice to you. If you do not want to accept the increased annual membership fee, you may elect not to renew your DHC Hako membership.

Membership Termination, Non-Refundable Fee

The DHC Hako membership fee is pre-paid in full on an annual basis, and is non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term except if offered in our sole discretion.

Agreement Changes

We may in our sole discretion change these Terms or any aspect of the DHC Hako program that is found invalid, void, unenforceable, or for any reason. Any such change to these Terms will be posted on the DHC website and will be sent to you via email. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination By Us

We may terminate or suspend your DHC Hako membership in our sole discretion for any reason without notice. We will not give a refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the DHC Hako program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN DHC's TERMS OF USE. WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE DHC HAKO PROGRAM OR YOUR DHC HAKO MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR DHC HAKO MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Dispute Resolution

If a dispute should arise between you and DHC, we want to provide you with a resolution that is efficient and cost effective by using our customer care team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer care, reachable by calling 1.800.DHC.CARE (342.2273) or by sending an email to customercare@DHCcare.com.

If your dispute cannot be resolved using our customer care team, these Terms describe how we shall proceed with the resolution of the dispute.

THE FOLLOWING PROVISIONS RELATE TO DISPUTES AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.

Binding Arbitration

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE DHC HAKO SERVICE OR THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in San Francisco, California and California law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DHC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DHC at customercare@dhccare.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) clear statement that you wish to opt out of this arbitration provision in the Terms of Use; and (6) the subject: Opt-Out from Arbitration Notice in the email’s subject line. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by DHC, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

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