TERMS OF USE

Introduction

These terms and conditions govern your use of this website and our products and services made available through your use of the website; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or our products and services. 

You must be at least 16 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age and have authority to use the credit card that is provided. 

This website uses cookies.  By using this website, you consent to our use of cookies in accordance with the terms of Hella Basic's privacy policy. 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Monthly Subscriptions:

By subscribing to our monthly subscription, you authorize us to charge your credit card an initial payment at the time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle. MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Billing renewal days happen between the 1st and the 10th of each month, and shipping fees and tax rates apply per state and/or country. You may cancel your subscription at any time through your account management page, or by contacting us through our support desk, or by email at [email protected]. You are responsible for any recurring charges that take place prior to cancellation. Hella Basics reserves the right to move your next billing day at any time without any further authorization from you. All sales are final and no returns or exchanges will be accepted at this time. 

Prepaid Subscriptions:

By subscribing to our prepaid subscription, you authorize us to charge your credit card an initial prepayment at the time of signing up. Shipping fees and tax rates apply per state and/or country. Prepaid subscriptions are only refundable within the first 15 days of signing up.

All sales are final and no returns or exchanges will be accepted at this time. 

Sales Tax 

U.S. sales tax will be charged to all orders, where applicable. Sales tax is governed at your local government level, which means each local government is responsible for making its own rules and laws — within the framework of the U.S. Constitution. Please refer to your local sales tax laws if you have any questions or concerns regarding the tax amounts.

License to use website 

Unless otherwise stated, Hella Basics and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. 

You may view / download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

- Republish material from this website (including republication on another website);

- Sell, rent or sub-license material from the website;

- Show any material from the website in public;

- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

- Edit or otherwise modify any material on the website; or

- Redistribute material from this website [except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without Hella Basic's express written consent.

You must not use this website for any purposes related to marketing without Hella Basic's express written consent.

Restricted access

Access to certain areas of this website is restricted.  Hella Basics reserves the right to restrict access to areas of this website, or indeed this entire website, at Hella Basic's discretion.

If Hella Basics provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Hella Basics may disable your user ID and password in Hella Basic's sole discretion without notice or explanation.

User content 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Hella Basics a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Hella Basics the right to sub-license these rights, and the right to bring an action for infringement of these rights.

By using the hashtag #getbasic, #basicman, #basicwoman or tagging our handles, @basicman_ or @basicwoman_, you grant us the right to reuse this photo at our discretion. 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Hella Basics or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Hella Basics reserves the right to edit or remove any material submitted to this website, or stored on Hella Basic's servers, or hosted or published upon this website. 

Notwithstanding Hella Basic's rights under these terms and conditions in relation to user content, Hella Basics does not undertake to monitor the submission of such content to, or the publication of such content on, this website. 

No warranties

This website and our products and services are provided “as is” without any representations or warranties, express or implied. 

Hella Basics makes no representations or warranties in relation to this website, the information and materials provided on this website, or our products and services. Without prejudice to the generality of the foregoing paragraph,

Hella Basics does not warrant that:

- This website will be constantly available, or available at all; or

- The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  

Limitations of liability

To the maximum extent permitted by law, Hella Basics will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or our products or services:

o for any indirect, special or consequential loss; or

o for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Hella Basics has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Hella Basics has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Hella Basics officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hella Basic's founders, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hella Basics.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Hella Basics and undertake to keep Hella Basics indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hella Basics to a third party in settlement of a claim or dispute on the advice of Hella Basic's legal advisers) incurred or suffered by Hella Basics arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Hella Basic's other rights under these terms and conditions, if you breach these terms and conditions in any way, Hella Basics may take such action as Hella Basics deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Hella Basics may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Hella Basics may transfer, sub-contract or otherwise deal with Hella Basic's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Entire agreement

These terms and conditions constitute the entire agreement between you and Hella Basics in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. 

Controlling Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Binding Arbitration

In the event of a dispute arising under or relating to these terms of service, our website, or any products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States County where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this agreement will prevent Hella Basics from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Hella Basic’s proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Registrations and authorizations

Hella Basics holds all registrations and authorizations applicable and can obtain any registrations deemed necessary at any time.

PRIVACY

YOUR PRIVACY IS IMPORTANT TO HELLA BASICS. 

This privacy statement provides information about the personal information that Hella Basics collects, and the ways in which Hella Basics uses that personal information.
Personal information collection

Hella Basics may collect and use the following kinds of personal information:

- Information about your use of this website (including all activity that directed you to and from Getbasic.com and all activities performed while on said site)

- Information that you provide using for the purpose of registering with the website

- About transactions carried out over this website

- Information that you provide for the purpose of subscribing to the website services. 

USING PERSONAL INFORMATION

Hella Basics may use your personal information to:

- administer this website;

- personalize the website for you;

- enable your access to and use of the website services;

- publish information about you on the website;

- send to you products that you purchase;

- supply to you services that you purchase;

- send to you statements and invoices;

- collect payments from you; and

- send you marketing communications.

Where Hella Basics discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Hella Basics may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

SECURING YOUR DATA

Hella Basics will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

Hella Basics will store all the personal information you provide (on Cratejoy’s, Shopify’s and/or Stripe’s secure servers or the like).

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers.

Information that Hella Basics collects may be stored and processed in and transferred between any of the countries in which Hella Basics operates to enable the use of the information in accordance with this privacy policy. In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world. You agree to such

cross-border transfers of personal information.

UPDATING THIS STATEMENT

Hella Basics may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes. 

OTHER WEBSITES

This website contains links to other websites. Hella Basics is not responsible for the privacy policies or practices of any third party.

CONTACT HELLA BASICS

If you have any questions regarding this privacy policy or Hella Basic's treatment of your personal information, please contact us via our Contact Us page on this website.

Updated 07/06/2020