terms of service

Oska™ Pulse and its related services are offered to you by Oska Wellness ™ [5900 Lea Lion Place Suite 100 Carlsbad, Ca 92010].

The following Terms of Service govern your access and use of oskawellness.com, Oska™ Pulse and its accessories. Also, specific terms and conditions may apply to specific content, data, materials, or information you may share, or transactions conducted through the Website or other Oska Wellness ™ Services. Such specific terms may be in addition to these Terms of Service only to the extent expressly specified, may supersede these Terms of Use.

purchases

If you wish to purchase any product or service made available through the Oska Wellness Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Oska Wellness ™ Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Oska Wellness Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or if an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Oska Wellness Service. We may experience delays in updating information on the Oska Wellness Service and in our advertising on other websites. The information found on the Oska Wellness Service may contain errors or inaccuracies and may not be complete or current. Product or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Oska Wellness Service.

Intellectual Property

The Oska Wellness™ Service and its original content, features and functionality are and will remain the exclusive property of Oska Wellness and its licensors, copyright, trademark, and other laws of both the United States and foreign countries protect the Oska Wellness™ Service. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Oska Wellness.

Links to Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by Oska Wellness.

Oska Wellness has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party website or service. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Oska Wellness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connections with use of or reliance on any such content, goods or services available on or through any such third party website or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third party website or service that you visit.

Limitation of Liability

In no event shall Oska Wellness, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use or inability to access or use the Service; (ii) any conduct or content of any third party on the Oska Wellness Service; (iii) any content obtained from the Oska Wellness Service; and (iv) unauthorized access, us or alteration of your transmissions or content, whether based on warranty, contract, wrongful act/tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Privacy Policy

Non Personal Identifiable Information We Collect

In some cases, Oska Wellness™ may collect information about you that is not personally identifiable.

Examples of this type of information include, but are not limited to the frequency of your use of this website and the route by which you choose to access it, and your use of hyperlinks available on this website. We and our service providers or agents may process and use this data for purposes including, but not limited to planning website development, assessing patterns of use, planning, and assessing marketing initiatives by Oska Wellness. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies. We use your IP address to help diagnose problems with our server, to administer our websites, and for other purposes discussed in this privacy policy. We do not link IP addresses to personally identifiable information except for fraud prevention.

Oska Wellness does not share customer information with any other entities.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on our websites and email covered by this Privacy Policy. We may store certain personally identifiable information you submit while on our websites in persistent cookies on your computer in an encrypted format. We use persistent cookies. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions in your Internet browser’s “help” file. We set a persistent cookie to store certain information, which enables us to track and target the interests of our users to enhance their experience on our website. Oska Wellness has agreed to allow a select group of marketing platforms to place persistent cookies on our website. These cookies may be used for targeted online advertising by Oska Wellness. These cookies do not enable marketing platforms to collect personally identifiable information. Use of the cookies by the marketing platforms is subject to their privacy policies.

The platforms we use to interpret this anonymous data are as follows [insert platforms OSKA will be using]

Changes

We reserve the right, at our sole direction, to modify or replace Terms of Service at any time. If a revision is material we will provide at least 30 day notice prior to any terms taking effect. What constitutes a material change will be determined at our sole discretion.

Minimum Advertised Pricing Policy

Effective January 1, 2016, a Minimum Advertised Price (MAP) on all Oska Wellness, Inc. products will be in effect. International accounts must reflect pricing as translated into their local currency.

 Oska Wellness, Inc. has been building a brand of strong recognition and a high perceived value. By not adhering to the established Minimum Advertised Price (MAP) a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the Oska Wellness, Inc. brand and its products. The internet, with its worldwide impact, has the possibility to cause great harm to any company’s products if they are advertised at prices that will eliminate any legitimate retail competition. Our MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if Oska Wellness, Inc. agrees to allow your company to sell its products, you will need to agree and abide by the following requirements and restrictions.

 The MAP policy shall work under the following guidelines: 

1. The Minimum Advertised Price for any product shall be no less than the current Manufacturer’s Suggested Retail Price (MSRP) as published on the price sheet. MAP pricing is established by Oska Wellness, Inc. and may be adjusted by Oska Wellness, Inc. at its sole discretion.

2. The MAP policy applies to all advertisements of Oska Wellness, Inc. products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.  

3. The MAP policy is not applicable to: 

• any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store
• any email newsletters sent to your customer database

4. If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.

5. MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. Oska Wellness, Inc. dealers and sales representatives remain free to sell these products at any price they choose. 

6. MAP does not establish maximum advertised prices. All dealers and sales representatives may offer Oska Wellness, Inc. products at any price in excess of the MAP.

7. Oska Wellness, Inc.'s MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.

8. Dealer agrees to hold all trademarks and copyrights of Oska Wellness, Inc. as the property of Oska Wellness, Inc. and use advertising materials provided by Oska Wellness, Inc. in an authorized manner only.

9. Intentional or repeated failure to abide by this policy will result in termination of dealership or sales representatives. Oska Wellness, Inc. does not intend to do business with dealers or sales representatives who degrade the image of Oska Wellness, Inc. and its products. It is Oska Wellness, Inc.’s sole discretion whether or not to provide prior notice or issue warnings before taking any action under this policy.

10. E-Bay and Other Auction Web Sites Policy:

• “Buy it Now” options must be listed at a price equal to MAP or greater
• For auctions, the reserve and/or opening bids must start at MAP without a “Buy it Now” option and
• Best Offer Auctions Are Not Allowed

11. Negotiated Contracts: From time to time it may be explicitly approved by Oska Wellness, Inc. in writing to sell certain Oska Wellness, Inc. products at below MAP pricing. The discount amount and length of time will be determined at the time of this approved promotion by Oska Wellness, Inc., Inc.

12. Oska Wellness, Inc. may run a sale from time to time and in such case the MAP will be the same as the sale price on those particular items and on those particular dates. OSKA WELLNESS, INC. will send out a notice in advance with details of the special.

13. Sales representatives of Oska Wellness, Inc. products will supply a copy of the Oska Wellness, Inc. MAP policy to any new or existing reseller to be filled out, acknowledged and returned to Oska Wellness, Inc. This form shall be signed and returned to Oska Wellness, Inc. and in doing so, will bind the reseller to abide by the MAP and reseller requirements spelled out in this document.

By continuing to access or use our Oska Wellness Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Oska Wellness Service.