Terms of Use

These Terms of Use were last updated on 29TH October 2021

These Terms of Use govern your use of the website milknear.me.com, the milknear.me app and any related services provided by milknear.me , collectively known as “The Platform”. By accessing The Platform, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations.

These Terms of Use apply to all users visiting, accessing, or using The Platform. By browsing our Website and App, or making a purchase You represent that: (1) You have read, understand, and agree to be bound by these Terms of Use, (2) You are of legal age to form a binding contract with us, and (3) You have the authority to enter into this Agreement personally or on behalf of the organization you named as the user, and to bind that organization to this Terms of Use Agreement. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered or created an account on The Platform.

If you do not agree with these Terms of Use, you should immediately stop using The Platform and from using or accessing any other services we provide. We may, from time to time amend any of these Terms of Use at our sole discretion. If we do so we will update this page. Any changes to these Terms of Use will take effect immediately from the date of publication shown at the top of the page.

Limitations of Use

You may visit and browse The Platform without registration but to make purchases or to access some of the services you will need to register an account.
By using The Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will:


1.    Not allow anyone other than the registered user to access your account.
2.    Enter your details truthfully and accurately and keep them updated if they change.
3.    Keep your password safe, and if you believe it has been compromised change it immediately.
4.    Not modify, copy, or prepare derivative works of, decompile, or reverse engineer any materials and software contained on The Platform.
5.    Not remove any copyright or other proprietary notations from any materials and software on The Platform.
6.    Not transfer the materials from The Platform to another person or “mirror” the materials on any other server.
7.    Not knowingly or negligently use The Platform or any of its associated services in a way that abuses or disrupts our networks or any other service we provide.
8.    Not use The Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
9.    Not use The Platform or its associated services in violation of any applicable laws or regulations.
10.     Not use The Platform in conjunction with sending unauthorized advertising or spam.
11.     Not Scrape, harvest, collect, crawl or gather data without our consent.
12.     Not use The Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the content and materials contained on The Platform and the products and materials downloadable from The Platform are owned by or licensed to Milknear.me.com, and protected by applicable copyright and trademark law.

We grant our customers permission to use their purchased product for personal or commercial use on one (1) domain only. We grant our customers permission to edit the text of the purchased product as required on an ongoing basis, to suit the needs of the website on the specified domain.
These permissions constitute the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use, and may be terminated by us at any time.

User-Generated Content

You may be able to create content on The Platform, for example uploading videos or images, or providing reviews of our services, you may update personal information pages. We may use personal information in order to attribute user-generated content we publish on our site and on other platforms (including social media platforms).


Please be aware that any content you submit to public areas for the purpose of publication will be seen by other users and may be accessible to third parties not covered under our Terms of Use or privacy policy.


You retain the intellectual property rights of the user-generated content you submit, and you grant to The Platform a non-exclusive, royalty-free, transferable, perpetual, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner consistent with our Privacy Policy.

When you (as a user) upload, post, publish or otherwise make available your content on The Platform you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display your content, and all portions thereof, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of all worldwide intellectual property rights that may exist in your content.
When you post your own content you permit us to use your username and other identifying information associated with your content, as submitted by you, in a manner that is consistent with our Privacy Policy.

Product and Service Liability

Products purchased on The Platform are offered on a “one size fits most” template, and are not designed to meet the specific requirements of your business or your website and/or app without further modification. We do not provide legal advice, and we strongly recommend that you consult your own lawyer for legal advice or if you’re unsure whether your particular circumstances require amendments to your purchased product.
Our website and the materials on our website are provided on an ‘as-is basis. To the extent permitted by law, we make no warranties, expressed or implied, and hereby disclaim all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

In no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use The Platform or the products and services we supply. In the context of this agreement, we define “consequential loss” as including any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Accuracy of Content

Content available on The Platform is for general information purposes only. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content on The Platform, or otherwise relating to such materials or on any resources linked to this website.

Product sales

The Platform allows Users to browse, view, choose and purchase various products (“Products”). We provide our content to complement our products, and all our content is provided for informational purposes only.
We may, at any time at our sole discretion, change, delete, update, modify or otherwise alter products and our content without providing you prior notice, and, we may also change the pricing and availability of products at our sole discretion at any time without providing you prior notice.
All photos, videos, illustrations, and other images of products on The Platform are for illustrative purposes only. Actual products may vary.
We make reasonable efforts to accurately display the attributes of our products, including the product colors. The actual colors you see will depend on your device and screen resolution, and we cannot guarantee that your device will accurately display such colors. The inclusion of products on The Platform does not guarantee that these products will be available for purchase.

Online Orders – eCommerce

By submitting an online order for a product or service on The Platform you:
(1)agree to purchase that Product.
(2) represent that you are an authorized user of the Payment Provider Account provided.
 (3) represent that you are of legal age to use the Payment Provider Account provided.
Each order that you submit to us constitutes an offer to purchase. If you do not receive a message from us confirming receipt of your order, please contact our Customer Service department at [email protected] before re-entering your order. Our confirmation of receipt of your order does not constitute our acceptance of your order. We are only deemed to have accepted your order once the Product(s) you ordered have been dispatched.

Verification

When you submit your order, we may verify certain items before your order is fulfilled, including your personal information, payment information, and creditworthiness.

Order Issues

Although we strive to accept all valid orders, We reserve the right to limit, modify, deny or cancel any order (including replacement orders) for any reason, including if: (1) We discover an error, inaccuracy, or omission in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment and/or shipping information, (2) We suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, unauthorized reselling or another violation of this Terms of Use Agreement, (3) the ordered Product(s) is unavailable for any reason, (4) the order is connected with a previous payment dispute, or (5) the order is associated with a User whom We suspect of abusing our return policy or of otherwise making fraudulent claims for product replacements or refunds based on unfounded quality control, lost package, wrong size, wrong shoes, or order processing error complaints, or other false information.
If any product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your order and provide you a refund for the amount paid for the Product.

Pricing information

Pricing and shipping information, including the total amount to be charged to your Payment Provider Account, will be displayed during the checkout process before you submit your order. All prices and Products, even after you submit your order, are subject to change. For more information about Product pricing, please visit the page for that Product on our Website or App.

Links to other Websites

We have not reviewed all of The Platform’s links to and from other websites and are not responsible for the contents of any such linked sites. The inclusion of any link on The Platform does not imply our endorsement, approval, or control of the site. Navigating to any such linked site is at your own risk, and you should make your own investigations concerning the suitability of those sites.

Medical Disclaimer

All content and media on the milknear.me website is created and published online for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. If you choose to rely on any information provided by milknear.me, you do so solely at your own risk.

Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website.

External (outbound) links to other websites or educational material (e.g. pdfs etc) that are not explicitly created by www.milknear.me are followed at your own risk. Under no circumstances is milknear.me responsible for the claims of third party websites or educational providers.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.
Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.

LIMITATION OF LIABILITY

THE PLATFORM IS NOT WARRANTED

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT AVAILABLE. Milknear.me.com AND ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.

YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING IT. Milknear.me.com IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, Milknear.me.com WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.
NEITHER Milknear.me.com  NOR ITS LICENSORS MAKE ANY WARRANTY, REPRESENTATION, OR CONDITION THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE UP-TO-DATE, OR THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NO LIABILITY FOR THE CONDUCT OF THIRD PARTIES

YOU ACKNOWLEDGE AND AGREE THAT NEITHER Milknear.me.com NOR ITS LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

Force majeure

We will not be liable for any delay or failure to perform, including failure to deliver Services, resulting from causes outside our reasonable control.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Spain. you irrevocably submit to the exclusive jurisdiction of the courts in this location.

Contact us

For any questions or concerns regarding our terms of use, please contact our Data Protection Officer. The Data Protection Officer’s contact details are as follows:

Email: [email protected]