Terms & Conditions.

Effective Date: These Terms and Conditions became effective on May, 2024.

These Tellus Terms and Conditions (“Terms”) apply to websites and other interactive features and online services owned or operated by Tellus, Inc. or one of its subsidiaries or affiliated companies (collectively, “Tellus”) that post a link to or include these Terms (collectively, the “Site”). It’s important to carefully read these terms before using the Site, as they affect your legal rights and obligations. By accessing or using the Site, you automatically agree to these Terms. If you do not agree to be bound by all of these Terms, please do not use the Site.

To make a purchase on our Site, you must be at least 18 years old or the age of majority in your jurisdiction. If you do not meet the age requirement, then you may not purchase products on our Site.

When using particular services or features of the Site, in addition to these Terms, additional policies, payment terms, or end-user license agreements may apply to your use of that feature or service (“Additional Terms”). If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless expressly stated otherwise.

ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and Tellus agree that disputes between you and Tellus will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration. Please also review our Privacy Policy.

OWNERSHIP OF SITE CONTENT 

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including, without limitation, graphics, layout, text, images, trademarks, logos, service marks, designs, information, data, advertising copy, past, present, and future versions of the Site, domain names, source and object code, and the “look and feel” of the Site (“Site Content”), are owned, controlled, or licensed by Tellus, its subsidiaries, or affiliates. They are protected from unauthorised use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Tellus, as expressly provided in these Terms. Any unauthorised use of the Site Content is prohibited.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

You are welcome to visit our Site without requiring further permission from Tellus. Tellus grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access and view the Site Content. However, this license is subject to your full compliance with these Terms. When you view or use the Site Content, please adhere to the following guidelines:

Keep intact all copyright and other proprietary notices associated with the Site Content.

Do not make modifications to the Site Content.

Do not copy or adapt any object code associated with the Site or attempt to reverse engineer or modify any source code related to the Site. Additionally, do not allow or assist any third party in doing so (whether or not for your benefit).

Avoid using data mining technology or processes to frame, mask, extract data, or distribute the Site Content, except as may result from standard search engine or Internet browser usage.

Except as expressly provided in these Terms, you may not:

Copy, reproduce, or republish the Site Content.

Create derivative works based on the Site Content.

Upload, download, perform, display, post, transmit, or distribute the Site Content in any way without prior written permission from a duly authorised Tellus employee.

Please also abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any rights to use the Site not expressly granted under these Terms are reserved for Tellus or its licensors. Unauthorised use of Site Content may violate federal and state laws and could result in civil and criminal liability.

REGISTRATION & ACCESS CONTROLS

Certain areas of the Site may require account registration or may otherwise ask you to provide information to use Site features. When you choose to provide information to the Site, you agree to provide only true, accurate, current, and complete information. Additionally:

- Do not sell or transfer your account or any account rights.

- Keep your account credentials confidential.

- Tellus reserves the right to terminate your account or deny you access without notice and without liability, except where prohibited by applicable, unwaivable law.

- You are responsible for obtaining and maintaining all necessary telephone, computer hardware, and other equipment to access and use the Site.

- Comply with all rules, laws, and regulations applicable to your use of the Site, including those governing your transmission or use of any software or data.

- If you submit personal information to register for an account with Tellus or participate in any services, that information will be governed by the Privacy Policy.

- You may cancel your account at any time via your account page or by contacting our customer support team.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

When using a Site, ensure that your actions do not infringe upon the rights of any third party. Tellus encourages you to report any content on the Site that you believe violates your rights. Only the intellectual property rights owner or an authorised representative can report potentially infringing content. If you genuinely believe that content on the Site infringes your copyright, trademark, or other intellectual property rights, follow the procedures outlined below:

1. Copyright Infringement

   - Provide Tellus' copyright agent with the following information required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512:

     - A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right allegedly infringed.

     - Identification of the copyrighted work claimed to have been infringed.

     - If multiple copyrighted works at a single online site are involved, provide a representative list of such works.

     - Information reasonably sufficient to locate the material claimed to be infringing.

     - Contact details of the complaining party.

     - A statement that the complaining party has a good-faith belief that the material's use is not authorised by the copyright owner, its agent, or the law.

     - A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right allegedly infringed.

2. Other Rights Violations

   - If you believe that any content on the Site violates your rights other than copyrights, provide Tellus with the following information:

     - A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right allegedly infringed.

     - Identification of the material claimed to be infringing or the subject of infringing activity.

     - An explanation of your rights and why you believe the content infringes them.

     - Accurate contact information for you.

Contact Tellus's Copyright Agent

- E-mail Address: copyright@tellus.com

NOTE: The provided email address is for inquiries related to potential copyright and other infringement only. **Tellus has a policy of terminating accounts of users who (in their reasonable discretion) are repeat infringers. Determining intellectual property rights violations and compliance with DMCA requirements can be challenging, so additional information may be requested before removing any infringing material.

SOCIAL DISTRIBUTION

Tellus may allow you – but only through express written permission or via Tellus-provided functionality on the Site – to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution”). For example, a Site may allow you to send Site Content to friends or post Site Content on a third-party website. You understand that only Tellus can make claims, promises, or statements on behalf of Tellus about its products and services and agree not to do so. You also agree that you will not imply that you and Tellus are affiliated in any way or that Tellus approves of your comments. Tellus reserves the right to revoke its permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms posted in connection with the Social Distribution of Site Content.

THIRD-PARTY LINKS & CONTENT

There may be links from the Site, or from communications you receive from Tellus, to third-party websites or online features. The Site also may include third-party content that we do not control, maintain, or endorse.

Neither Tellus nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Site, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Tellus is not liable for any loss or damage that may be incurred by you as a result of your interaction with any third party.

LINKING POLICY

Tellus grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Tellus or the Site is endorsing or sponsoring any third party or its products or services, unless Tellus has given the third party prior written consent; © must not present false information about, or disparage, tarnish, or otherwise, in Tellus’s sole opinion, harm Tellus or its products or services; (d) must not use any Tellus trademarks without the prior written permission from Tellus; (e) must not contain content that could be construed as distasteful, offensive, or controversial or otherwise objectionable (in Tellus’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Tellus reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion

PROMOTIONS

The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

MEDICAL DISCLAIMER

Tellus is a provider of premium skin care products. The Tellus products are not intended to diagnose, treat, cure or prevent any medical condition(s) and are not in any way intended as medical advice or as a substitute for medical treatment. Without limiting the foregoing, those who are taking medication or are under treatment for a disease, or who are pregnant or lactating, are encouraged to consult with your healthcare professional before using any of the products.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Site, including, without limitation, the Site Content, and any products sold by Tellus through the Site, are provided on an "As Is", "As Available" and "With All Faults" basis. To the fullest extent permissible by applicable law, Tellus and its parent companies, affiliated entities, vendors and the directors, officers, employees or other representatives of each of them (collectively, the "Tellus Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site and the Site Content; (b) products sold by Tellus through the Site; (c) User Content; and/or (d) security associated with the transmission of information to Tellus or via the Site. In addition, to the fullest extent permissible by applicable law, the Tellus Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations. 

The Tellus Parties do not represent or warrant that the Site will be error-free or uninterrupted; that defects will be corrected; or that the Site or the servers that make the Site available are free from any harmful components, including, without limitation, viruses. The Tellus Parties do not make any representations or warranties that the information (including any instructions) on the Site are accurate, complete, or useful. You acknowledge that your use of the Site is at your sole risk. 

The Tellus Parties do not warrant that your use of the Site is lawful in any particular jurisdiction, and the Tellus Parties specifically disclaim such warranties. By accessing or using a Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Nothing in these terms of use limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms of use would contravene any statute or cause any part of these Terms to be void ("Non-Excludable Guarantees").

LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the Tellus Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Site or the Site Content; (b) your use of any products purchased from the Site; (c) your use of, inability to use, or the performance of the Site; (d) action taken in connection with an investigation by the Tellus Parties or law enforcement authorities regarding your use of the Site; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Site's technical operation; or (g) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Tellus Parties have been advised of or should have known of the possibility of such damages. However, in no event will the Tellus Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to Tellus for (a) product(s) ordered through the Site or ten United Kingdom Pounds (£10.00). The prior limitation on damages is not intended to limit the Tellus Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Tellus Parties’ liability for personal injury or property damage caused by Tellus Parties, or for the Tellus Parties’ gross negligence, fraud or intentional, wilful, malicious or reckless misconduct.

You agree that in the event you incur any damages, losses or injuries that arise out of Tellus’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other content owned or controlled by the Tellus Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Tellus Parties.

By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Tellus Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site; (b) your breach or anticipatory breach of these Terms; © your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Tellus Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Tellus. You will cooperate as fully required by the Tellus Parties in the defence of any claim. The Tellus Parties reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorised employee of the Tellus Parties.

E-COMMERCE

The Site may offer products or services for sale and your transaction may be subject to additional sales terms and policies (which will be considered Additional Terms for purposes of these Terms). Prices for our products are subject to change without notice, and we reserve the right to discontinue or modify our products at any time without prior notice.  You agree to pay all applicable fees and any applicable taxes. Tellus may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. 

We reserve the right to limit, prohibit or cancel orders of products to any account, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your provided contact information or through your account.

You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon delivery. Any shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.  You can find more information about estimated shipping times here.

Sometimes the Site may offer products for sale where the transaction is facilitated by the operator of a third-party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor. 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Tellus shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. Tellus shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, Tellus will issue a credit to your credit card account in the amount of the charge. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

Your receipt of an electronic or other form of order confirmation does not signify Tellus’s acceptance of your order, nor does it constitute confirmation of Tellus’s offer to sell. Tellus reserves the right at any time after receipt of your order to accept or decline your order for any reason. If permitted by applicable law, Tellus reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Tellus may require additional verifications or information before accepting any order.

For information about returning any products and refunds, please see our Return Policy here, which is incorporated into these Terms.

You can see which payment methods are available currently here.   By submitting your order, you represent and warrant that you are authorised to use the designated payment method and authorise us to charge your order (including taxes) to that payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled automatically. 

All references to a “chargeback” refer to a reversal of your payment method charge placed on the Site. In the event you pay for products using your payment method and subsequently “charge back” your purchase through your merchant account provider, Tellus reserves the right to terminate these Terms and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your payment method was used fraudulently, please contact us for immediate resolution. You agree that you will not charge back any amounts charged to your payment method on the Site. If you initiate a chargeback a payment, you agree that we may recover the amount of the charge back, in addition to any amount charged to us by your payment method provider for such charge back, by any means deemed permissible, including but not limited to recharging your payment method or having the amount recovered by a collection agency.

SUBSCRIPTION TERMS IF SUBSCRIPTIONS ARE MADE AVAILABLE

Some of our products may be purchased on a subscription basis (e.g. refills of certain products on a 30 or 60 continuous basis).  Payment for products on a subscription renews automatically until canceled. If you choose to pay for certain eligible products on a subscription basis, your subscription will automatically renew at the conclusion of the initial subscription period for additional periods of the same duration at the then-current fee for such product subscription (plus tax, if applicable) unless you cancel your subscription.  Unless you opt out of the subscription, you will be charged in advance in accordance with the delivery schedule that you selected with your subscription.  Except as otherwise set forth herein, Tellus will not refund any fees that have already been charged.

As with our other products, you are responsible for payment of the applicable fees for any product subscription in which you enroll and, should your payment fail, agree that we may either terminate your subscription or refuse to ship such subscription products to you until payment is received. 

You may cancel your subscription at any time by logging into your Tellus account and disabling automatic renewal by following the on-screen links and instructions within your My Account dashboard. To avoid future charges, you must disable automatic renewal before the end of your then-current subscription period.  

We may discontinue any product subscription at any time for any or no reason (e.g. the product is no longer in stock), with or without notice to you.  The Tellus Parties will not otherwise be liable to you should we exercise such rights.

If you fail to pay subscription fees when due, if you have materially breached any provision of these Terms, or if Tellus is required (in its sole judgment) to do so by law (e.g., where the provision of the product subscription may or does become (in Tellus’s sole discretion) unlawful or violative of any third party’s rights), Tellus reserves the right to – immediately and without notice – suspend or cancel any subscription. You agree that all cancellations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any suspension or cancellation of your product subscription.

We reserve the right to change the price of any subscription product at any time in our sole discretion.  If a price change is applied to existing subscribers, we will notify you of any impending price change in advance.  If you do not agree to the price change, you may terminate your subscription to that product prior to that change taking effect.

COMMUNICATIONS

You agree that Tellus may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of much of this email correspondence through your account settings page or by using the links at the bottom of our emails. Please note that even if you opt out, Tellus will still send you Account related emails, such as purchase confirmation and password reset emails.

TERMINATION

Tellus reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if Tellus believes your conduct violates these Terms. Tellus also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Tellus. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Service, or upon demand from Tellus, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

Tellus also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS

Tellus controls and operates the Site from offices located in the United Kingdom and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. The information, products, and services provided on the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tellus to any registration requirement within such jurisdiction or country. Anyone using or accessing the Site from outside the United Kingdom does so on their own initiative and is responsible for compliance with United Kingdom’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Site may be subject to United Kingdom export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United Kingdom has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION

The Site is controlled and operated by Tellus from its offices within the City of London, United Kingdom. Tellus makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement will be governed by, construed and enforced in accordance with the laws of the State of California, excluding its conflict of laws principles. The arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.

Both you and Tellus waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Tellus waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Tellus’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Tellus is seeking injunctive relief (the “Excluded Disputes”), you and Tellus each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Irvine, London or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tellus will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of Tellus (provided that nothing in these Terms and Conditions will restrain a London resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and Tellus agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Tellus within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Tellus agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorising a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Tellus, ATTN: Arbitration Opt-out, 7700 Irvine Center Drive, Irvine, London92618, USA or by email to info@tellus.com. For new users, the notice must be sent within 30 days of registering with Tellus, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, Tellus also will not be bound.

UNITED KINGDOM CONSUMER RIGHTS

In accordance with the Consumer Rights Act of 2015, users residing in the United Kingdom may seek advice and file grievances with Citizens Advice. They can be contacted by phone at 0808 223 1133 (English language) or 0808 223 1144 (Welsh language), Monday to Friday, 9am to 5pm1. For more information about your rights when buying different things, you can visit the GOV.UK Consumer Rights website.

Please note that this information is subject to change and it’s always a good idea to check the official website for the most current information.

OUR RIGHT TO UPDATE THESE TERMS

The failure of Tellus to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Tellus’s rights with respect to such breach or any subsequent breaches. No waiver by Tellus of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorised officer of Tellus. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Tellus may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Tellus’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is over broad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found over broad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Tellus by virtue of Tellus having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Tellus. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).

MISCELLANEOUS

Tellus reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.

CONTACT US

Tellus. Limited.

Address: 20-22 Wenlock,  London, United Kingdom, N1 7GU

Email: info@tellus.london