The purchase and use of www.kristybeauty.com products and services, are subject to the following terms and conditions:
We thank you for your interest in the Site. Please read these terms and conditions of use (the "Terms and Conditions") carefully before purchasing Products and/or Services and/or using the Site. By purchasing Products and/or Services and/or using the Site, you agree to comply with all of the Terms and Conditions set out below. If you do not agree to the Terms and Conditions, please do not purchase any Products and/or Services or use the Site.
These Terms and Conditions govern the purchase of all Products and/or Services, whether purchased through the use of the Site or otherwise. We reserve the right, at our sole discretion, to modify the Terms and Conditions at any time and from time to time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the Site. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued purchase of Products and/or Services or use of the Site shall be deemed your conclusive acceptance of the modified Terms and Conditions.
1. Rights in Site and Content
The Site and all content provided on the Site is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by www.kristybeauty.com, its affiliates, business partners or their related companies. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying www.kristybeauty.com, its affiliates, business partners or their related companies or their respective products and services displayed on the Site, without the express prior written consent of www.kristybeauty.com or such third party that may own such trade-marks, logos and other names displayed on the Site.
2. Use of Site and Content
2.1 No information or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site. You are hereby advised that www.kristybeauty.com will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the Site and any content, material, or information found on the Site and any purchased Products and/or Services solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Site including without limitation, Data (as defined in Section 3.7 below). You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Site. Your purchase of Products and/or Services, and the use of the Site shall be governed by the laws of Canada, and any other laws of such jurisdiction applicable to you, as the context requires.
2.3 www.kristybeauty.com has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Site, and www.kristybeauty.com is not responsible for any of this material or information. However, www.kristybeauty.com reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, which it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, www.kristybeauty.com reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 The purchase of Products and/or Services and the use of the Site is strictly subject to compliance with these Terms and Conditions. You acknowledge and agree that www.kristybeauty.com may terminate your right to purchase or use any of the Products and/or Services or to access the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by www.kristybeauty.com, from time to time. www.kristybeauty.com further reserves the right to terminate any client's access to the Site, or to purchase any of the Products and/or Services provided by it for any conduct that www.kristybeauty.com, in its sole discretion, believes is or may be directly or indirectly harmful to other clients, to www.kristybeauty.com or its subsidiaries, affiliates, or business partners, or to other third parties, or for any conduct that violates any federal, provincial, local, state, or foreign laws or regulations. www.kristybeauty.com further reserves the right to terminate any user's access to the Site or to purchase any of the Products and/or Services in www.kristybeauty.com sole discretion. Any such termination shall be in www.kristybeauty.com sole discretion and will occur with notice.
2.5 You hereby grant to www.kristybeauty.com a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the Site or www.kristybeauty.com and/or to incorporate it in other works regardless of form, medium or technology, subject only to those restrictions set forth in www.kristybeauty.com Privacy Statement.
3.1 Any person, agent or merchant (each a "Purchaser") may purchase Products and/or Services from www.kristybeauty.com or its authorized merchants or representatives to be used in accordance with the use materials provided with the Products and/or Services, these Terms and Conditions as amended from time to time, and all applicable laws. The principal amount of money to be applied to the purchase of Products and/or Services (the "Purchase Funds") will normally be credited to the card Product or Services by tracking such purchases with an associated stored value purchase account maintained by www.kristybeauty.com in its database (for the purposes of these Terms and Conditions "Biva Beauty Store Account"). Unless otherwise agreed, or noted in these Terms and Conditions, Products and/or Services Purchase Funds must be in U.S. Dollars only. Transfer Services will be paid out to receiving beneficiaries in U.S. Dollars subject to currency availability, applicable laws and the conditions applicable to the selected payout or refund locations. Purchase Funds are available for use promptly after validation of Data for the Purchaser which may take up to 24 or 36 hours on certain transactions. Purchase Funds may be refunded in accordance with section 3.8 below. Purchase Funds are to be designated and used only for the purchase of Products and/or Services. www.kristybeauty.com Accounts associated with Products and Services are not bank accounts, savings accounts or chequing accounts. www.kristybeauty.com is not a bank or financial institution. www.kristybeauty.com is not obligated to, nor does it pay any interest on Purchase Funds in its possession.
3.2 www.kristybeauty.com may require Purchasers to register and provide certain data about themselves. In registering and providing such data, each Purchaser represents and warrants that:
(a) the information about the Purchaser is true, accurate, current, and complete as required by various www.kristybeauty.com registration forms ("Registration Data");
(b) each Purchaser will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or www.kristybeauty.com or governmental authorities having jurisdiction have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.kristybeauty.com has the right to suspend or terminate the Purchaser's www.kristybeauty.com Account and respective Product or Service purchased and refuse any and all current or future purchases or use of the Products and Services.
3.3 Purchaser agrees that Products and/or Services shall only be sold and delivered by www.kristybeauty.com and its business partners to a Purchaser for the benefit of the Purchaser and the receiving beneficiary specified and set forth in the transactional data ("Transaction Data") obtained by www.kristybeauty.com from the Purchaser.
3.4 Please contact www.kristybeauty.com at the Customer Service telephone set out on the Site for current information regarding any additional conditions applicable to Products and/or Services and our merchant locations throughout the World.
3.5 Refunds of any Purchase Funds and a cancellation of a requested purchase of a Product and/or Service must be made in writing by the Purchaser to kristybeauty.com only if the Product and/or Services has not yet been provided by www.kristybeauty.com at the time the request is processed by kristybeauty.com (a "Cancelled Transaction"). Subject to applicable laws, all Fees payable with respect to a Cancelled Transaction are not refundable, and are deemed to be earned in full by www.kristybeauty.com. All Purchase Funds will be refundable upon written request of the Purchaser only if the Product and/or Service has not processed by kristybeauty.com within twenty (20) Business Days from the time that: (i) www.kristybeauty.com agrees to provide the Product or Service as requested by the Purchaser in writing or electronically; and (ii) is in receipt of the Purchase Funds and all Fees; and (iii) is in receipt of any and all required Data, save that if a transfer Service is purchased and cannot be completed as a result of applicable laws, the status of the Internet or circumstances in the receiving jurisdiction, the Purchase Funds will be transferred on a best efforts, as soon as is possible basis. Refunds will be made within thirty (30) days of receipt of a valid written request from the Purchaser.
3.6 Right To Refund (California Only) - www.kristybeauty.com hereby agrees and confirms with each Purchaser whose request to purchase Products and/or Services originates in the State of California, subject to the requirements set out above, the Purchaser is entitled to a refund of the Purchase Funds for a transfer Service to be transmitted as the result of this agreement if www.kristybeauty.com does not deliver such remittance services received from you within ten (10) days (and not twenty (20) business days as set forth above) of the date of its receipt of the Purchase Funds, applicable Fees and the Data, or does not give instructions committing an equivalent amount of money to the person designated by you in the Data in the receiving jurisdiction within ten (10) days of the date of the receipt of the Purchase Funds, applicable Fees and the Data from you unless otherwise instructed by you. Further, if your instructions as to when the Purchase Funds shall be forwarded or transmitted are not complied with and the Purchase Funds has not yet been forwarded or transmitted you have a right to a refund of your money.
4. Disclaimer of Warranties & Limitation of Liability
4.1 The information contained on the Site is for informational purposes only and it is not intended to meet any particular Purchaser's or user's need. Documents provided on the Site are provided as a service only, and do not constitute official versions of such documents. The Site, and all content, material, information or postings found on or accessed through the Site and the Products and/or Services, are provided on an "as is" basis. www.kristybeauty.com, its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, compliance of any Products and/or Services with laws applicable to such Purchaser or that the purchase and/or use of the Products and/or
Services complies with laws applicable to the Purchaser (such as a US Purchaser), and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Site or the content contained in or accessed through the Site or the use of the Products and/or Services by a Purchaser. Neither www.kristybeauty.com nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the Site or the content contained in or accessed through the Site, including, but not limited to, the contents of any content, information, material, or posting found on the Site (including, but not limited to, any press releases or financial information), provided through the Site (or otherwise), or any links to other sites made available on the Site or the content contained on such site(s), or as to the continuous or error free use and operation of the Internet or the Site
. Neither www.kristybeauty.com nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders or agents makes any representations or warranties that the Site or access to and use of the Site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the Site is at your sole risk.
4.2 Information provided on the Site may contain references or cross references to www.kristybeauty.com, its affiliates and related companies' Products and/or Services that are not available in your local area and www.kristybeauty.com, its affiliates and related companies makes no representations or warranties as to the availability of such Products and/or Services in your local area and such references do not imply that www.kristybeauty.com, its affiliates and related companies intend to provide such Products and/or Services in your local area. recommends that you consult with your nearest www.kristybeauty.com business office or authorized merchant or agent for information regarding the Products and/or Services which may be available to you in your local area. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the Site should not be construed as an express or an implied endorsement by www.kristybeauty.com of any third party products or services.
4.3 Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall www.kristybeauty.com or its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings on the Site, directly or indirectly, or the transmission of confidential or sensitive information over the Internet or the purchase and/or use of Products and/or Services sold and provided by www.kristybeauty.com to Purchaser. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither www.kristybeauty.com nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants, shareholders and agents shall be liable for any defamatory, offensive or illegal conduct of any user, or any breach of these Terms and Conditions by any Purchaser.
5. Intellectual Property
The Site, the trade mark “www.kristybeauty.com” and certain related trademarks, trade names, slogans, logos, designs, and domain names are the property of www.kristybeauty.com. It is the policy of the www.kristybeauty.com to respond expeditiously to claims of intellectual property infringement. www.kristybeauty.com will promptly process and investigate notices of alleged infringement and will take appropriate actions in accordance with applicable intellectual property laws.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless www.kristybeauty.com, its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:
(i) your breach of any provision of the Terms and Conditions or applicable laws; or
(ii) your purchase and/or use of Products and/or Services.
If you are dissatisfied with the Products and/or Services or with the Terms and Conditions, your sole and exclusive remedy is to a refund of such remaining Purchase Funds available, in accordance with the provisions of these Terms and Conditions, or to discontinue using the Site, as the context requires. In such an event, you agree to destroy all materials obtained by you on the Site and any and all other site(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
8. Miscellaneous Terms
8.1 Any disputes arising hereunder shall be governed exclusively by the laws of the State of California and the laws of the United States of America, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the State of California and the laws of the United States of America, or any other judicial district or jurisdiction as www.kristybeauty.com may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Site by www.kristybeauty.com constitute the entire agreement between www.kristybeauty.com and you with respect to your use of the Site
. Notwithstanding the foregoing, the purchase and use of Products and/or Services by a Purchaser shall be subject to all terms and conditions set out in these Terms and Conditions posted on the Site, and all other terms and conditions delivered to you (in any manner or form) in connection with any Products and/or Services purchased
No waiver by either www.kristybeauty.com or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
8.2 You expressly acknowledge and agree that the www.kristybeauty.com may preserve all information received by it from each Purchaser, user or visitor to the Site, including Data (collectively the "Site Information") and may also disclose Site Information if required to do so by law or if such disclosure is necessary acting commercially reasonably to:
(a) comply with applicable laws;
(b) enforce the Terms and Conditions; or
(c) protect the rights, interests, property, or safety of www.kristybeauty.com, its clients and the public. You acknowledge and agree that the processing and transmission of the Products and/or Services involves transmissions over various networks not owned or controlled by www.kristybeauty.com. You further acknowledge and agree that other data collected and maintained by www.kristybeauty.com with regard to its clients, Purchasers or users may be disclosed in accordance with these Terms and Conditions and kristybeauty.com's Privacy Statement.
8.3 The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.