Revision Date: December 12, 2018
We may collect personally identifiable information about you, including, without limitation, your name, address, telephone number, e-mail address, and order details. If you choose to correspond with us through email or social media, we may retain the content of your messages, together with your email address and our responses.
Generally speaking, we use personally identifiable information for the purpose for which you provided it. If you order a product, we will use your name and contact information to fulfill your needs, including billing, and delivery. If you send us an email, we may use your email address and other information you submit to provide customer service to you. We may also use your personally identifiable information or Log Data to administer our internal business activities, such as to design and arrange the Site in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers, to better understand visitors to the Site, to manage your account, and/or to provide customer service.
We will not sell your personally identifiable information to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your personally identifiable information with certain third parties without further notice to you, as set forth below.
We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others. When we engage another company to perform such functions, we may provide it with personally identifiable information, Log Data, or aggregate information about our customers, sales, website traffic patterns, and related website information, in connection with its performance of such functions. However, we do not collect or store credit card information or internet protocol addresses directly; rather, we employ a third party payment processor and web platform provider who may collect, store, and use such information. We take measures to select service providers that are responsible and afford privacy protections to their customers, such as those that comply with the Payment Card Industry Data Security Standards. However, we cannot make any representations about the practices and policies of these third party companies.
We work with third parties, including social media sites like Facebook and Instagram, and with application developers who specialize in social commerce so you can connect to Tea Mansion through your social networks. All of these companies operate Third Party Sites, as defined below. We provide access to our Site by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share your interests with friends in your network. If you use features made available on our Site by a third party social media site, your personally identifiable information may be collected or shared by us or by the third party. We consider information collected or shared through any such social media features as public information because the third party social media sites made it publicly available. If you do not want us to be able to access information about you from Third Party Sites, you must instruct the Third Party Sites not to share the information with us. We do not control how these third parties use information collected from or about you, so be sure to review the privacy policies and privacy settings on your social media sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information.
We use features on third party social media sites that allow you to express opinions about products, surveys, or your interests. Those Third Party Sites may collect or register your views (including whether you liked or purchased a product) and make those views available to us and on public portions of the Third Party Sites. You can avoid such collection and use of your personally identifiable information by declining to buy products through Third Party Sites or to express your views on Third Party Sites. Third Party Sites may also give you the option to limit such data collection and disclosure in the privacy settings on their sites. We reserve the right not to display your personally identifiable information or content on our social media accounts or Site even if you express an opinion about our or services products or consent to our use of such information or content. We reserve the right to remove personally identifiable or other information of any person for any reason. We may also remove from our social media accounts or Site, in our sole discretion, any product offering or any photo or product description.
We may disclose your personally identifiable information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, a court, or a government agency) or in the good faith belief that such action is necessary (a) to comply with a legal obligation; (b) to protect or defend our rights, interests, or property, or that of third parties; (c) to prevent or investigate possible wrongdoing in connection with the Site; (d) to act in urgent circumstances to protect the personal safety of users of the Site or the public; or (e) to protect against legal liability.
You may choose to limit the personally identifiable information you submit by merely browsing the Site without providing your name or other information. If you do so, you may not be able to use certain functionality of the Site.
We are committed to the protection of your information. When you place an order through the Site, we encode your information using Secure Socket Layer (SSL) encryption technology. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.
If you have registered for an account on the Site, you may request access to or correction of all of your personally identifiable information that we collect online and maintain by contacting Guest Services. We will take reasonable steps to respond to requests relating to personally identifiable information within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical, or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information).
We may retain your personally identifiable information as long as you continue to use the Site. You may close your account by contacting Guest Services. However, we may retain personally identifiable information for an additional period as is permitted or required under applicable laws. Even if we delete your personally identifiable information, it may persist on backup or archival media for an additional period of time.
We do not knowingly or intentionally collect any personally identifiable information from children under the age of eighteen (18), and our emails and the Site are neither directed nor targeted to children less than eighteen (18) years of age. If you are under the age of eighteen (18), please do not submit any personally identifiable information through the Site. If you have reason to believe that a child under the age of eighteen (18) has provided personally identifiable information to us through the Site, please contact Guest Services, and we will use reasonable efforts to delete such personally identifiable information from the Site and our files.
Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted). You can manage cookies through your web browser's option settings and through those settings you may be able (a) to receive notifications when you are receiving new cookies; (b) to disable cookies; or (c) to delete cookies. Please refer to your web browser's help section for information on how to do this.
We may use pixel tags, cookies set by us, and cookies set by third party service providers at our direction with respect to each of the uses set forth below.
We use these technologies to monitor the Site and analyze how you use the Site. We may place cookies that allow us to measure the time of your requests to our servers and our responses, to test new features, to record statistics about usage, to track your activities on the Site, and to track the places from which you come to the Site. We may also use third party cookies to collect information about behavior on the Site for these Performance/Analytics purposes.
We use these technologies to allow us to provide certain functionality on the Site and to remember your preferences. For instance, cookies allow us to track your order history and returns and to auto-populate shipping and billing addresses. If you disable or delete cookies, you may not be able to use some functions of the Site.
We may use these technologies to deliver focused online banner advertisements to you both on and off the Site. By using these technologies, we hope to better tailor these advertisements to your interests. Sometimes this is called online behavioral, interest based, or retargeted advertising.
If any provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
Prior to initiating an arbitration proceeding, you may first send Tea Mansion® a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Tea Mansion must be mailed to the attention of the Tea Mansion Legal Department at 1627 Connecticut Ave NW, Washington, D.C., 20009. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Tea Mansion will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or Tea Mansion pursuant to the terms of this section. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You may elect to opt-out of the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to the attention of the Tea Mansion Legal Department, at 1627 Connecticut Ave NW, Washington, D.C, 20009, within thirty (30) days of your subscription to Tea Mansion alerts that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of this Agreement will continue to apply. If you do not so opt-out, then the terms of this section will apply.
Notwithstanding the provisions of "Changes to Terms" section below, if Tea Mansion changes this "Arbitration and Class Action Waiver" section after the date you first accepted this Agreement (or accepted subsequent changes to the Agreement), you may reject any such change by sending written notice to the Tea Mansion Legal Department within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our text to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tea Mansion in accordance with the provisions of this "Arbitration and Class Action Waiver" section as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
We are not responsible and will not be liable for any damages of any nature, including, without limitation, any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Texas.
If any term of this Arbitration and Class Action Waiver Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.