Buying Beauty Customer Program Terms of Service
BEFORE YOU BECOME A BUYING BEAUTY MEMBER, YOU MUST ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
[Last updated on July 10, 2014]
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.
Buying Beauty Business Enrollment
Consumers interested in becoming a Buying Beauty Member must first register on the website.
To participate in the Buying Beauty rewards program, a consumer must become a Buying Beauty Member.
Registration is free and no initial purchase is required. The applicant will fill out the Consumer sign up section on www.buyingbeauty.com and a Buying Beauty representative will email you an enrollment form. Fill out the form accurately, completely and legibly and return the form to firstname.lastname@example.org. The details provided are relied upon by Buying Beauty to provide 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 email@example.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 Buying Beauty Membership per person. By submitting for registration to become a Buying Beauty Member, you are representing and warranting that as the authorized, you are full and complete information and you are able to grant such permissions and licenses to Content 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 Accounts are approved in Buying Beauty’s sole discretion, and may be withdrawn in Buying Beauty’s sole discretion with or without notification.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 account number and log in credentials upon approval by Buying Beauty. 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. 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 firstname.lastname@example.org.
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and 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 if we have previously banned you from the Site. You acknowledge that you will not use the information on our site to set up a similar or competing site or service.
Collection of Buying Beauty Points
Each person that purchases a service, treatment or product at any Buying Beauty Business will be able to collect reward points: 1 point for every dollar spent.
Buying Businesses will provide you with an itemized receipt of what you have purchased in order for them to collect points. You will then take a picture of their receipt through our BUYING BEAUTY App, allowing this information to be uploaded into your personal BUYING BEAUTY account for point accumulation.
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 or otherwise disposed of. Buying Beauty Points are void if sold for cash or any other consideration.
Buying Beauty Points may not be redeemed towards the purchase of non-beauty related products including, but without limitation, the following 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.
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 will be listed on the 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.
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 the 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 User 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, 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 also 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 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.
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.
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 and shall 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 Services at your own risk.
No Liability for Damages
Without limiting the foregoing, 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.
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 three months 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.
We may provide notices to you in the following ways:
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 email@example.com.
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 (to the exclusion of the courts excepting judicial review). If you have a Claim, you should give written notice to arbitrate at the email address specified below. All 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
If you choose to access the Site from locations other than Ontario, 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 Member may terminate their account by providing written notice to firstname.lastname@example.org. 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 in a non-aggregated or non-identifiable form permanently.
If events beyond Buying Beauty 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:
Your affirmative act of registering for an account constitutes your electronic signature to the Terms of Service and your consent to enter into 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 User in connection with the Program, shall be governed by, and construed pursuant to the sole discretion of Buying Beauty.
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.
User may not assign or transfer any or all of their 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 will notify you before information about you is transferred and becomes subject to a different Terms of Service. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
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