BUYING BEAUTY BUSINESS

PROGRAM TERMS OF SERVICE

BEFORE YOU BECOME A BUYING BEAUTY BUSINESS, YOU MUST ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Buying Beauty services are provided by Buying Beauty Inc. These terms of service govern your access to and use of Buying Beauty’s programs and services. Please read these Terms carefully, and contact us if you have any questions. By signing up, accessing or using our Services, including registering for an account, you agree to be bound by these Terms and by our Privacy Policy.

[Last updated on August 20, 2018]

The “Site”, “Services”, “Users” and the “Terms”

Buying Beauty Inc. (“Buying Beauty“ “we”, “our” “us” and terms of similar meaning) provides the Buying Beauty loyalty rewards program and use of the Buying Beauty website (this site and any applications, the mobile and touch versions and any individual sites or vendor-specific, city-specific, or other area-specific sites we have now or in the future (the “Site”), or other software provided by Buying Beauty for use with the site, rewards program or otherwise, altogether referred to as the “Services” to you subject to these terms of service, as amended (these “Terms”).

The Services and Site are provided for your own use only. You may not resell, lease, assign or provide them in any other way to anyone else.

Privacy Policy

Buying Beauty’s Privacy Policy (available at www.buyingbeauty.com/privacy-policy) (the “Privacy Policy”) describes how we collect, uses and disclose personally identifiable information and non-identifying aggregate information from users of the Services. The Privacy Policy is expressly incorporated into these Terms. By using the Services, you agree to be bound to the provisions under the Privacy Policy.

Buying Beauty Business Enrolment

Businesses or retailers interested in becoming a Buying Beauty Business must first register on the website. Only duly authorized officers of a business may sign up on the website. Buying Beauty representatives will contact each registrant to determine the rewards programs offered and collect any additional information necessary to provide the Services. By registering for a Buying Beauty Business account, you are representing and warranting that as the authorized individual for the corporate entity, you are able to grant such permissions and licenses as requested and required by Buying Beauty.

Eligibility

To participate in the Buying Beauty rewards program, a business must become a Buying Beauty Business.

Registration is free and no initial purchase is required. The applicant will apply on https://buyingbeauty.com/register-business and a Buying Beauty representative will email you an enrolment form. Fill out the form accurately, completely and legibly and return the form to contact@buyingbeauty.com. The details provided are relied upon by Buying Beauty to provide you the Services. You must advise Buying Beauty immediately of any changes including name, address; telephone numbers and e-mail address by contacting Customer Service at contact@buyingbeauty.com. If Buying Beauty believes that some of its records are inaccurate, it may contact you to verify its records. Buying Beauty reserves the right to cancel any account for which it has incomplete or inaccurate information.

Only one registration per business. By submitting for registration to become a Buying Beauty Business, you are representing and warranting that as the authorized individual for the corporate entity, you have provided full and complete information and that you are able to grant such permissions and licenses as requested and required by Buying Beauty.  Accounts are approved in Buying Beauty’s sole discretion, and may be withdrawn in Buying Beauty’s sole discretion with or without notification. You will be a “Buying Beauty Business” upon successful registration. You will be issued a confidential Buying Beauty login credentials upon approval by Buying Beauty. You agree that you are responsible for all activities which take place under the account. If you forget your credentials or password, you will be directed to a password recovery page where you can recover your password by entering the email address associated with your account.

The Services are not directed to persons under 18 and only businesses (or sole proprietorship or partnerships whose owners have reached the age of majority in their respective province) may register for an account. Buying Beauty does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services.

No one under age 13 may provide any personal information to Buying Beauty or use the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will remove that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@buyingbeauty.com.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and your business. The right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Services in any way. You may not access or use the Site or Services if we have previously banned. You acknowledge that you will not use the information on our site or in these Terms to set up a similar or competing site or service.

Buying Beauty Fees – Price and Payment

In exchange for Buying Beauty services, Vendor agrees to pay a one-time non-refundable $149 CAD setup fee after successfully registering as a Buying Beauty Member. Vendor agrees to pay $199 CAD  each month (“Software Fee”) during the term of the agreement. Vendor agrees that it shall be liable to pay the equivalent of six (6) month’s Software Fee if terminated prior to the six month anniversary of the execution of this Agreement.

All fees are payable 30 days from the date of the invoice issued to Vendor.

You will be provided a copy of the customer receipt received by Buying Beauty from the Buying Beauty Member confirming a purchase has been made. Buying Beauty will process all receipts unless you file a dispute to the purchase claim. You must reply to Buying Beauty within three (3) days of receipt of the purchase claim through the Buying Beauty Site. You will provide a reason for the dispute of the purchase claim at which time Buying Beauty will determine, in its sole discretion, whether the purchase claim is valid or invalid. If Buying Beauty determines the claim is not valid, the customer will be notified that you have denied their purchase claim and the Buying Beauty Member will be directed to resolve the claim with you directly. If a claim is determined to be invalid, the points issued will be deducted from the Buying Beauty Member account and the Buying Beauty Business will be credited.

You will notify Buying Beauty of any returns on qualifying purchases. Customers’ accounts will be adjusted once a Buying Beauty Business confirms a return has occurred and provides evidence of the return. Proof of return must be set to contact@buyingbeauty.com for review.

Collection of Buying Beauty Points

Buying Beauty agrees to provide Vendor’s customer with 1 point for every dollar spent on purchases of approved Vendor services, treatments or products. Buying Beauty points are not transferable between businesses. Vendor will provide an itemized receipt of each item purchased from Vendor. Points shall be applied to Vendor’s customers’ accounts upon receipt and confirmation from Vendor’s customer through our Buying Beauty mobile application or Service. Vendor will notify Buying Beauty of any returns on qualifying purchases and acknowledges Buying Beauty may modify customer account point balances at the sole discretion of Buying Beauty.

Customer Redemption of Buying Beauty Points

Buying Beauty Points have no cash value and are not exchangeable for cash. Buying Beauty Points cannot be sold, traded, bartered, rented, gifted or otherwise disposed of. Buying Beauty Points are void if sold for cash or any other consideration. Buying Beauty points may be earned at Buying Beauty Businesses or provided by Buying Beauty.

During enrollment, you will determine the rewards for each level of the Buying Beauty Points Scale. You agree that points will be redeemed for free products or services at no cost to Buying Beauty Members. You may be able to modify your reward offerings by logging into your Buying Beauty Profile. Reward tiers are only eligible to be modified once every thirty (30) days.  

Customers will redeem their points on the Buying Beauty Site and provide you with a validation code. You will enter the validation code atwww.buyingbeauty.com and ensure it is valid before providing the reward. You agree that you will make available enough of the reward offering as reasonably necessary to give effect to this agreement. Where there are insufficient quantities of a reward available, you agree to provide an equal or greater value reward in exchange for the voucher tendered. You agree that Buying Beauty is not responsible for any additional fee or cost resulting from providing this similar or greater reward. You agree that you are responsible to collect and remit, in accordance with all federal and provincial tax legislation, all GST, PST, HST and any other applicable taxes payable by the customer on the full amount of the purchase price before any reduction for redeemed rewards. Buying Beauty is not responsible for the collection or remittance of any tax payable for providing any rewards.

You agree that Buying Beauty Points may not be redeemed towards the purchase of non-beauty related products including, but without limitation, the following products or services:

• prescription drugs
• private medical appointments
• over-the-counter medications, insulin products, or products with codeine
• Tobacco or alcohol products
• Magazines, newspapers or literature
• Ancillary products not directly related to beauty
• Gift cards, pre-paid or pre-loaded cards of any denomination
• Other rewards as determined by Buying Beauty to be non-eligible products or services.

Buying Beauty reserves the right to add or delete products and services eligible for Buying Beauty Points redemption at any time, at its sole discretion, without notice.

Meaning of Content

In these Terms, the items or content appearing on the Site or provided through the Services including all information, data, logos, marks, designs, graphics, pictures, sound files, business or product information, locations, prices, availability, descriptions, images, videos, audio clips, links, comments, feedback, reviews, messages, data, text, software, scripts, graphics, recorded interactions by users, other content in the nature of copyrighted, trade-mark or other intellectual property work, and their selection and arrangement, is called “Content”.

Copyright Owned by User

Content provided by you is called “User Content”. User Content is your property. You grant a license to Buying Beauty to that User Content under these Terms. Your business information and User Content will be provided on the public facing Site and used to direct consumers to your business and inform them of product and services available and reward levels offered, such use to be determined by Buying Beauty in its sole discretion. Buying Beauty may, but is not limited to, listing or featuring your reward options under the Buying Beauty Business locator feature, landing page or on page listing the rewards available to Buying Beauty Members. Please contact your Buying Beauty Business representative for other premium feature placements available.

Copyright and Trade-marks Owned by Us

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site or program is the property of Buying Beauty or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved.

Other than the User Content, the Site, the Buying Beauty logo and all other product or service names, slogans or logos displayed on the Site are registered or common law trade-marks of Buying Beauty or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Buying Beauty or the applicable trade-mark holder. In addition, the look and feel of the Site, including all page headers, button icons, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of Buying Beauty.

Any copying, posting, transmitting, distributing, linking, deep linking, or otherwise modifying of this site or without the express written permission of Buying Beauty is strictly prohibited. Any violation of this policy may result in a copyright, trade-mark or other intellectual property right infringement that may subject the Buying Beauty Business to civil and criminal penalties.

Intellectual Property of Vendors and Third-Parties

All other trademarks, company names, product names and logos mentioned on the Site are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, supplier, and manufacturer or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof by Buying Beauty. You acknowledge that you will not use any third party intellectual property rights of third parties in relation to the Services, including by reference to potential reward offerings, without the prior written consent of the appropriate holder of such rights. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Responsibility of User Content

We have no responsibility or liability for your User Content, or for any loss or damage your User Content may cause to other people. We are not obligated to make use of your User Content and we may remove or modify your User Content at our absolute discretion at any time and for any reason.

User Content Must be Appropriate Content

By providing us Content, you are providing Buying Beauty a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you provide on the Site or to Buying Beauty, and to sublicense the foregoing rights to our affiliates and partners for our uses including, but not limited to, promotional or market research purposes.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
• Content that may infringe any patent, trademark, trade secret, copyright, moral rights or other intellectual or proprietary right of any person;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third-party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third-party has expressly consented to such use;
• Viruses, worms, malware, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the User Space in which such Content is posted; or Content that, in the sole judgment of Buying Beauty, is objectionable or which restricts or inhibits any other person from using or enjoying the User Space or the Site, or which may expose Buying Beauty or its affiliates or its users, members or businesses to any harm or liability of any type.

Linking to the Buying Beauty Site

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for promotional purposes. You acknowledge that any link you provide shall not portray Buying Beauty or the Site or any of its products, services, partners, affiliates, users or related third parties in a false, misleading, derogatory or otherwise or defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use the Buying Beauty logo or other proprietary graphic of Buying Beauty to link to the Site without the express written permission of Buying Beauty. Further, you may not use, frame or utilize framing techniques to enclose any Buying Beauty or Buying Beauty trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page on the Site without Buying Beauty’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of Buying Beauty or any third-party. Nothing contained on the Site may be construed as granting, by implication, estoppels or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Buying Beauty or any third-party without the prior written permission of Buying Beauty or such other party that may own such patent, trademark, copyright or other proprietary right(s).

Advertising and Promotions

Buying Beauty may run advertisements and promotions from third parties through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Buying Beauty, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. Buying Beauty is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers, marketers or others on the Site.

No Representations or Warranties

The Services, the Content and the Site provided are provided to you on an “as is” basis without warranties from Buying Beauty of any kind, either express or implied. Buying Beauty expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Buying Beauty does not represent or warrant that the Service is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

While Buying Beauty attempts to make your access to and use of the Site safe, Buying Beauty does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

Availability of the Services or Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services and Site accessible and available, the Services or Site may be unavailable from time to time for any reason. You understand and acknowledge that due to circumstances both within and outside of our control, access may be interrupted, suspended or terminated. Buying Beauty retains the right at our sole discretion to deny service, or access to the site to anyone or an account, at any time and for any reason. If you experience an outage or difficulties accessing the Site, please contact office@buyingbeauty.com.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Services, Site, or methods in which you communicate with us, we can’t be, and are not responsible for, the security of information, including personal information and financial data that you choose to communicate with Buying Beauty and the Site while it is being transmitted. In addition, Buying Beauty is not responsible for any data lost during transmission. Buying Beauty does not accept financial data or conduct financial transactions on its site. Buying Beauty will not require that such data is provided for use of the site. Buying Beauty recommends reviewing the terms and conditions of any external site in which you engage in financial transactions.  

Accuracy of Information posted on the Site

Buying Beauty does not represent or warrant that any information obtained via the Site, including information about any participating Buying Beauty Business, user or product is accurate, error free or that it is up to date. Buying Beauty does not endorse, recommend, or guarantee any goods or services featured on the site or provided through the Services, and nothing will be considered an endorsement, recommendation, warranty or guarantee of the foregoing by Buying Beauty.  

No Liability for Claims

You waive to the fullest extent permitted by law and agree that you will not assert any claims or allegations of any nature whatsoever against Buying Beauty, its respective affiliates or subsidiaries, sponsors, contractors, licensors, advertisers, users or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees or other related parties (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services, Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third-party from any claim or allegation arising from your use or other exploitation of the Site. You use the Service at your own risk.

No waiver by Buying Beauty of any breach by you of any of your covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach.

No Liability for Damages

Neither Buying Beauty nor any other Released Party shall 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 Services, use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Buying Beauty or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, 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 Buying Beauty or any other Released Party’s records, programs or services.

Maximum Liability

In no event shall the aggregate liability of Buying Beauty, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services or Site exceed any fees paid by you during the one month period prior to the date of the filing of any claim. You acknowledge that Buying Beauty shall not be liable for any amounts if you had not paid any fees directly to Buying Beauty.

Indemnity for Use of the Site

You shall defend, indemnify and hold harmless Buying Beauty and the other Released Parties from any loss, damages, liabilities, costs, expenses, actions, claims and proceedings (including reasonable legal and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the Services or Site; (ii) any breach by you of any agreements, or representations and warranties contained in these Terms, (iii) any access to or use of the Service or Site by you in violation of any rights of Buying Beauty or any third-party, including, but not limited to, copyright including moral rights, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

Notices

We may provide notices to you in the following ways:

• By email to the contact information you provided in your registration data;
• By posting a notice on the Site. It is your responsibility to review the Site for notices.

Receiving Information from Buying Beauty

Buying Beauty may send you printed or email information regarding your account status as well as marketing information we believe may be of interest to you including through remarketing. When you register for an account, you consent to receive all these types of information from us. However, you will be given the opportunity to opt-out of emails from Buying Beauty by providing written notice to contact@buyingbeauty.com.

Governing Law

You and Buying Beauty explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and attorn to jurisdiction of the courts within the Toronto region.

Method of Conflict Resolution

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services, Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator at your cost (to the exclusion of the courts excepting judicial review). If you have a claim, you should give written notice to arbitrate to office@buyingbeauty.com. All reply notices shall be delivered to your address provided by you on registration or as updated in writing. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario located in Toronto.  

Waiver of Future Class Action

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Buying Beauty related to any claim and, where applicable, you also agree to opt out of any class proceedings against Buying Beauty.

Compliance with Local Laws

You will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Buying Beauty and the other Released Parties for your failure to comply with any such laws.

How to Terminate

You or Buying Beauty may terminate these Terms and your use of the Site at any time. Termination occurs when your account is terminated.

A Buying Beauty Business may terminate their account by providing written notice to office@buyingbeauty.com. Buying Beauty reserves the right to retain user information, including personal information, for a reasonable period of time before appropriately disposing of such information or converting such information into a permanent aggregated or non-identifiable form.

If events beyond Buying Beauty’s control materially affect Buying beauty ability to operate the Buying Beauty Program, the Program may be suspended or terminated without notice.

If not previously terminated in accordance with these Terms, the Buying Beauty Program will terminate automatically at 11:59 p.m. on December 31, 2020 (the “Termination Date”). Buying Beauty members will have until March 31, 2020 to redeem Buying Beauty Program rewards using Buying Beauty Points accumulated up to the Termination Date. Buying Beauty Points will expire at 11:59 p.m. on March 31, 2017 and will not be honoured after such expiration date. Buying Beauty reserves the right to extend the Program beyond the Termination Date.

What happens on Termination?

When your account is terminated, the following occurs:

• We may retain an archival copy of your Content. You grant us a non-exclusive, perpetual, irrevocable license to main such archival copy for our internal business purposes. We also maintain any non-identifying aggregate data which does not contain personal information.
• All payment obligations by the Buying Beauty Business will survive Termination of this Agreement.

Electronic Signature

Your affirmative act of registering for an account constitutes your electronic signature to the Terms and your consent to enter into this and other agreements with us electronically.

Buying Beauty’s Right to Modify Terms

We reserve all rights to change or modify any of the terms and conditions contained in these Terms, any policy or guideline of the Services, any feature, or functionality, at any time and in our sole discretion, with or without notice. We may make changes to these Terms to reflect changes in legal or regulatory obligations or for our other business purposes. If you do not agree with the changes, you can cancel your account with us according to the termination provisions provided in these terms. Unless otherwise specified, any changes or modifications are effective immediately upon posting of the revisions on the website, and your continued use of the Services after such time constitutes your acceptance of such changes or modifications. We may notify you for material changes to the Terms but you acknowledge that we are not obligated to do so. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Program, or the rights and obligations of any participant in connection with the Program, shall be determined at sole discretion of Buying Beauty.

Severability

If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Assignment

You may not assign or transfer any or all of your rights without prior written consent of Buying Beauty. Buying Beauty may assign any or all of its rights hereunder to any party without your consent. Buying Beauty may notify you before information about you is transferred and becomes subject to different Terms. These Terms will bind and inure to the benefit of the Buying Beauty’s successors and assigns.

Entire Agreement

These Terms, and the Privacy Policy expressly incorporated within, represent the entire Agreement between you and Buying Beauty, and overrule, supersede, and cancel any previous communications, understandings, or representations between you and Buying Beauty.