Terms of service

This Website is operated by Cre8or Global POD LTD and its subsidiaries, Cre8or USA LLC ("Cre8or", "we", "us", "our" or "Company"). Before creating an Account or placing an Order, please read these Terms of Service (the: "Terms" or "Agreement") which form a legally binding agreement between Cre8or and you (the: "Client" or “you”) regarding the use of services for the Products offered on the Website, including those additional terms and conditions, policies, and notices referred herein. 

By clicking the consent box, you agree to have read, understood, and be bound by these Terms of Service regarding your use of the Account, this Website, and its content. The Products on the Website are offered subject to your acceptance of these Terms of Service. If you do not agree to these Terms, you may not use the Website or place Orders for Products.

Note that any violation of these Terms may result in termination of the Services, your usage, access and account with the Site.

1.DEFINITIONS
1.1Account – Account created by the Client on the Website for placing Orders of Products.
1.2Agreement – Agreement between the Client and Cre8or on the use of Website, consisting of these Terms of Service and the Privacy Policy.
1.3Client – An individual or business that places Orders for the Products on the Website.
1.4Company – Cre8or Global POD LTD and its subsidiaries, Cre8or USA LLC, headquartered at Carmel 66, Rechovot Israel, operating and providing content and services on the Website.
1.5MoCRA -The Modern Cosmetics Regulatory Act.
1.6 CPNP- The Cosmetic Product Notification Portal.
1.7EU – The European Union.
1.8North America - United States & Canada
1.9Order – Order placed by the Client for the purchase of the Products available on the Website.
1.10Party – Each separately, Cre8or and the Client, collectively referred to as the “Parties”.
1.11Privacy Policy – Privacy Policy of Cre8or available on the Website, which forms part of these Terms, describing the use of information for the provision of services on the Website.
1.12Products – Packaging goods sold by Cre8or on the Website with individual design as ordered by the Client.
1.13Terms– These Terms of Service, which form part of the Agreement, and are applicable to the Client from the moment of Account registration and for the use of Website. Terms of Service may be changed on behalf of Cre8or from time to time.
1.14Website or Site – The official Cre8or’s website: www.cre8or.us.

2.GENERAL AGREEMENT
2.1Cre8or provides services for the Clients to place Orders for the purchase of Products available on the Website to be made with individual design. Cre8or processes the Orders and organizes the delivery of individual design Products to the Client according to these Terms. 
2.2The following Terms of Service form part of the Agreement between Cre8or and the Client, which governs their rights and obligations in connection with the purchase and sale of the Products. The Agreement becomes effective upon creation of Account of the Client and is valid until complete fulfilment of obligations of the Parties.

3.ACCESS AND REGISTRATION
3.1In order to access the use of Website and place the Orders of Products, the Client shall register its Account, indicating all necessary information as required on the Website. In case the indicated information on behalf of the Client is incomplete or inaccurate, the registration of the Account may be rejected. 
3.2The Account is created for Client business use only. Business use shall be considered as any systematic and independent activity undertaken with the primary intention of generating profit. Any Account created for personal use will be rejected. Cre8or reserves its right to reject and suspend the registered Account if the indicated information is incomplete or inaccurate. 
3.3The Client is solely responsible for the activity on its Account and use of the Website. The Client must notify Cre8or immediately in case of any unauthorized access or use of its Account. Cre8or is not liable for any loss caused due to unauthorized access or use of the Client’s Account.

4.LEGAL USE REQUIREMENTS 
4.1Client may only use the Site and the services provided through it if the Client is at the minimum legal age in your jurisdiction and it is legal for youto do so according to the laws that apply in your jurisdiction. 
4.2Company reserves the right to ask for proof of age and any purchase may be suspended until satisfactory proof of age is provided. 
4.3Client understands and accept that Company is unable to provide any legal advice or assurances and that it is the Clients' sole responsibility to ensure that at all times you comply with all applicable laws. 

5.CLIENT STATEMENTS
By accepting this Agreement, the Client declares and undertakes as follows:
5.1The Client has the ability to perform all obligations under this Agreement, including the payment of the consideration set out in this Agreement.
5.2 The execution of this Agreement does not constitute a breach or contradiction of any other obligation or restriction imposed by any law or agreement. 
5.3All content provided by Client including all designs, logos, brand names or mark do not constitute a violation of the intellectual property rights of any third party, including sample rights and trademarks. 
5.4The Client has and will have in its possession throughout the term of this Agreement, all licenses, permits and approvals which it may need pursuant to any law for with respect to the Client's activity.
5.5All Products offered by Company are manufactured by a factory holding FDA, CPNP, and ISO certifications. Nevertheless, it is the responsibility of the Client to secure their own CPNP certification for Europe and MOCRA certification for the United States, as required by local regulations. 
5.6The terms of this Agreement, the Company's production capabilities, the consideration under this Agreement, the delivery dates, and the terms of supply of the finished product have been thoroughly examined and found satisfactory and appropriate to the Client's needs and requirements.

6.THE PRODUCTS 
6.1The Products are cosmetics products and not food products and cannot be used for human consumption. 
6.2Cre8or does not allow misleading claims about the effectiveness and other characteristics of the Product, and complies with good manufacturing practices in the production of cosmetics Products. 
6.3The Products consist of ingredients included in cosmetics and that are considered safe for human life, health, and the environment, and comply with the norms of “Law on Product and Services Liability” of Israel. 
6.4Cre8or reserves the right to modify, add, or remove any Products offered on the Website at any time without prior notice. The Client acknowledges and agrees that Cre8or may make such changes in its sole discretion. Cre8or is not liable to the Client for any changes made.

7.INDIVIDUAL LABELING CUSTOMIZATION 
7.1Cre8or offers Clients the opportunity to create individual product label designs, which may include designing the layout, incorporating distinctive colors, adding text and other relevant information, and introducing creative elements. When developing a product label design, the Client assumes responsibility for the accuracy of provided information and compliance of the design with regulatory enactments, including all intellectual property laws of the  relevant jurisdiction. Cre8or labels the packaging of Products strictly in accordance with labeling requirements that are compliant with standards of North American, the EU, and Israel. Cre8or has the right  to approve all labels.
7.2The Client bears sole responsibility for ensuring that Product labeling complies with requirements in all intended distribution or sales jurisdictions. Cre8or is not liable for the Client’s failure to ensure compliance with local laws and regulations..
7.3The Client is prohibited from using third-party intellectual property in label design without permission, including any information that may harm the Company's brand or its associated Products. Misleading information about Product characteristics, origin, or association with unrelated product groups, abusive, insulting, or hateful content, and impersonation or misrepresentation of identity are strictly prohibited.
7.4The product label design includes default information compliant with Cosmetics Regulation requirements. The Client must not design or place information on Product labels that contradicts or obstructs default information specified in the label design.
7.5Additionally, Cre8or can facilitate secondary packaging with minimal volumes to be determined. The same rules and responsibilities regarding compliance and design accuracy apply.

8.ORDERING PRODUCTS & PRODUCT DESCRIPTION 
8.1The Client will order Product units from time to time through the Company's designated website.
8.2Each order will be subject to the Company's approval, in its discretion. 
8.3The Company has made effort to display as accurately as possible the descriptions and colors of the Products that appear on the Site. Please note that while we strive to accurately display the colors and images of the Products, the actual colors you see will depend on your monitor or computer setup. Consequently, we cannot guarantee that your monitor's display of any color will be accurate.
8.4There may be adjustments in the measurements of the Products that occur in the manufacturing. The Company will do its best to minimize any adjustments. 
8.5Data regarding the Products, including prices, may be inaccurately displayed on the Site due to system or typographical errors. Company reserves the right to correct any and all errors when they do occur, and do not honor inaccurate or erroneous prices. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact Client for instructions before shipping or cancel your order and notify Client of such cancellation.
8.6The Company does not warrant that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Site is not as described or in not compatible with its specifications the Client's sole remedy is to return it in unused condition, according to the provision of these Terms.
8.7We reserve the right to limit quantities of items purchased by each Client. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized use, Product availability, price discrepancy or pricing error. The Company also reserve the right to change the terms of any offer or promotion at any time without notice. The contract for sale of goods between Company and any client is not entered into until we charge a valid credit card or otherwise accept payment.

9.PRICING &PAYMENT TERM
9.1Cre8or reserves the right to adjust the prices of the Products and modify the pricing structure at any time without prior notice. The Client agrees to pay the price for the Products as displayed on the Website at the time the Order is placed. Prices are exclusive of any applicable taxes, duties, or similar charges imposed by any governmental authority, which shall be the responsibility of the Client.
9.2Payment for Orders must be made in full at the time of placing the Order. Cre8or accepts payment via the methods indicated on the Website, including credit card payments and other forms of electronic payment. The Client agrees to provide accurate and complete payment information and authorizes Cre8or to charge the total amount due to the provided payment method.
9.3Cre8or reserves the right to refuse or cancel any Order including due to fraud or if any  unauthorized or illegal transaction is suspected. Cre8or may also refuse or cancel an Order if the Products are listed at an incorrect price due to typographical error or error in pricing information received from suppliers.
10.SHIPPING & DELIVERY
10.1Cre8or will arrange for the shipping of Products to the address specified by the Client in the Order. Shipping and delivery dates are estimates only and Cre8or shall not be liable for any delays in delivery. 

10.2Risk of loss and title for Products pass to the Client upon delivery of the Products to the carrier.

11.RETURNS & REFUNDS
11.1Due to the nature of the Products being custom-made according to the Client's specifications, Cre8or does not accept returns or offer refunds for Products unless they are defective or damaged upon receipt. 
11.2If the Client receives a defective or damaged Product, the Client must notify Cre8or within 5 days of receipt and provide photographic evidence of the defect or damage. Cre8or may, at its sole discretion, replace the defective or damaged Product or issue a refund.

12.EXPORT
12.1Client agrees to abide by all  laws relating to the export of Products.
12.2Client is responsible for paying all fees and applicable taxes in a timely manner with a valid payment method, including any customs duties or fees. 

13.INTELLECTUAL PROPERTY
13.1All the knowledge in respect to the Products, including knowledge, and all the intellectual property related to the products will be owned exclusively by the Company. "Knowledge and intellectual property" for the purposes of this section, including but not limited to the foregoing, patents, formulas, technologies, ingredients, brands, trademarks, goodwill, business plans, software, documents, instructions and development procedures, manufacture and quality control. 
13.2The Client acknowledges that this Agreement does not grant to it any intellectual property rights in connection with the Products, their ingredients and containments, their formulas, components, reputation, Trademark and/or any other or additional intellectual property rights of any kind and nature which will belong solely to the Company. The Client undertake not to use in any manner either by itself or through and/or together with and/or for others the intellectual property associated with the Products and/or which belongs to the Company, including, inter alia, any name and/or trademark and/or service mark of the Company either during the Term of the Agreement or after its termination without any time limit. The Client undertakes that throughout the Term of this Agreement and during any period after its termination, without any time limit, it will not re-produce or reverse engineer the formulas of the Products.
13.3The Client will not remove stickers and/or labels and/or markings which appear on the Products and their packages, and will not add to the Products and/or their packages any stickers and/or labels and/or markings as aforesaid without Companie's prior written consent. It is clarified that the Client will not be entitled to make any changes to the Products or take any other action with respect thereof.
13.4The materials on the Site as well as its organization and design are the property of the Company and are protected by worldwide copyright laws and treaty provisions. Client may access, print, and make personal use of Site and its content for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Site. Except for the purpose of page caching and as otherwise explicitly set forth in these Terms, Client may not copy, distribute, republish, modify, display, publicly perform or use the materials in any manner, without our prior written consent. Client may not use spiders and other search robots on the Site. 
13.5Nothing contained in these Terms shall be construed as conferring any license or right to any trademark or other intellectual property right of the Company or any other party. All trademarks, trade names, service marks, photos, logos and information displayed throughout the Site are the property of Company or licensed by third parties. Client may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks, photos, logos and information displayed throughout the Site without the prior written consent of the owner of the trademark, trade name, service mark, photos, logos or information. 
13.6Unless otherwise provided within these Terms Client may not do any of the following without Company prior written consent:
13.6.1Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
13.6.2Reproduce any portion of the Site on Client's website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
13.6.3Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site; 
13.6.4Reverse engineer any part of this Site;
13.6.5Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; 
13.6.6Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; 
13.6.7Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our users; 
13.6.8Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; 

14.THIRD-PARTY LINKS AND SERVICES
14.1The Website may contain links and materials to other third-party websites or services that are not operated, owned, or controlled by Cre8or. Your access to third-party links is at your own risk and may require acceptance of third-party terms of use. Cre8or is not a party or affiliate to any such agreement and is not liable for the Client’s use of third-party services. We advise reviewing the privacy policy of every website you visit. Any complaints, claims, concerns, or queries regarding third-party products or services should be directed to the relevant third-party.

15.DISCLAIMERS
15.1TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEBSITE AND ALL ITS MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
15.2TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE,  SUITABILITY FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. MOREOVER, NO INFORMATION OR ADVICE (ORAL OR WRITTEN) PROVIDED TO YOU BY THE SITE SHALL CREATE ANY WARRANTY.
15.3WE DO NOT WARRANT THAT THE WEBSITE OR THE PRODUCTS ARE COMPLETELY ERROR FREE OR WILL OTHERWISE MEET YOUR NEEDS. 

16.LIMITATION ON LIABILITY
16.1IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SITE, COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. SUCH LIMITATION SHALL APPLY EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. 

17.INDEMNITY
17.1The Client agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the acts or ommissions of Client or any other person acting on Client’s behalf.

18.FORCE MAJEURE
18.1Company will not be liable for, or will not  be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Company’s reasonable control and is unable to overcome through the exercise of commercially reasonable diligence. 
18.2The Company shall have the right to terminate this Agreement at any reasonable time thereafter with immediate effect and without any penalty, liability or further obligation until the  Force Majeure event has ended.

19.GOVERNING LAW & JURISDICTION
19.1These Terms of Service and any separate agreements whereby Cre8or provides services to the Client shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law provisions. 
19.2Any dispute arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of the authorized courts in Tel Aviv, Israel and the client hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of its use of the Site, any purchase from this Site, or these Terms.

20.SEVERABILITY
20.1The provisions of these Terms are intended to be severable. 
20.2If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.

21.FAQ SECTION
21.1For any inquiries regarding the use of Website, the functionality of the Account, the services offered, or any other matter requiring clarification, Clients are encouraged to refer to the FAQ section accessible at www.cre8or.us/faq. This section of the Website provides answers to the frequently asked questions, serving as a valuable reference to assist in resolving queries and concerns relating to the Website, Account, or services.

22.MISCELLANEOUS
22.1Company may assign its rights and responsibilities hereunder without notice. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. 
22.2Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to the most current email address listed on our website, currently info@cre8or.us, or, when we need to send Client notice, to the email address the Client provide during the registration process. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may give the Client notice by certified mail, postage prepaid and return receipt requested, to any address provided to the Company during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
22.3These Terms constitute the entire agreement between Client and the Company with respect to the Site, the Products or any other Service of the Company, and supersede all other communications, written or oral, with regard to such. 

23.CHANGES TO THE TERMS OF SERVICE
23.1Cre8or reserves the right to amend these Terms at any time by publishing the relevant changes on the Website. 
23.2The date of the latest Terms will be available on the Website. Any changes made to these Terms shall take immediate effect upon its publication. It is the responsibility of the Client to periodically review the Website for any changes to these Terms of Service. 
The Client's continued use of the services after the effective date of the changes constitutes acceptance of the modified or amended Terms of Service. If the Client does not agree with the changes made, the Client has the right to stop using the Website and services provided therein at any time.

By clicking "Accept," you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Cre8or Global POD Ltd.