TERMS AND CONDITIONS APPLICABLE TO ONLINE PURCHASES AND TREATMENT APPOINTMENTS
Boutique Beauties Lab (hereinafter referred to as "Beauties Lab") maintains and operates www.beautieslab.co (hereinafter referred to as the "Website").
For the purposes of these terms and conditions of use, the term "customer" refers to any person browsing the Website.
These terms and conditions of use apply to all customers and govern, together with the applicable laws, their use of the following services :
- all the functionalities of the Website;
- making appointments in the store or through the Booker platform;
- online purchase;
- virtual consultation;
- product reviews;
- bulletin boards, forums;
- streaming services;
- audio;
- visual;
- print media;
- PDF;
- website links;
- user interfaces;
- content associated with services provided by Beauties Lab;
- ticket sales for virtual or in-person events.
(hereinafter referred to as the "Services").
Certain Services, including, but not limited to, booking appointments through the Booker platform or the external "Beauties Club" forum on Facebook, are offered through external websites. These external websites may be subject to terms and conditions of use that differ from these Terms and Conditions. Beauties Lab recommends that its customers review the policies applicable to websites other than the Website, such as Booker or Facebook.
Acceptance and Modification of Terms
By using the Website or the Services, customers accept without limitation these terms and conditions.
Beauties Lab reserves the right, at its discretion, to change, modify, add or remove portions of these terms or conditions of use at any time without notice or liability to its customers. Beauties Lab may notify its customers of any changes to these terms and conditions by any means, including posting the updated terms and conditions on the Website.
Beauties Lab's changes to these terms and conditions of use shall be effective immediately upon posting on the Website. Any subsequent use of the Website by customers following the posting of the updated terms and conditions will constitute their acceptance of such changes.
Any customer concerned about possible changes to these terms and conditions of use should review the policy posted on the Website prior to each use. Beauties Lab also recommends that its customers periodically review these terms and conditions of use for any updates.
If you have any questions regarding these terms and conditions of use, you should contact Beauties Lab at hello@beautieslab.co
Conduct and Use of the Website and Services
The Website and Services may be used by customers for personal and lawful purposes only. Customers may not use the Website for any commercial purpose and any other use of the Website is subject to Beauties Lab's written consent. Beauties Lab specifically prohibits any use of the Website and the Services, and all customers agree not to use the Website and the Services for any purpose other than those designated by Beauties Lab.
Each customer is solely responsible for deciding whether the Services offered are suitable for his or her own needs and whether the Services meet his or her needs.
No customer shall violate or attempt to violate the security of the Website and Services, including, without limitation: (a) accessing data not intended for such customer or logging into a server or account which such customer is not authorized to access, (b) using the Website or Services for any purpose other than that designated by Beauties Lab. (b) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (c) attempt to interfere with the Website, the Services or the service of any customer, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding," "spamming," "mailbombing," "crashing," "circumventing" security or customer authentication measures, or attempting to breach security or authentication measures. You may not use or attempt to use any of the following: (a) flooding, spamming, mailbombing, crashing, circumventing security measures or customer authentication, (b) attempting to exceed the permissions and limited access granted to you under these terms and conditions, (c) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (d) scraping or harvesting data, (e) using bots for payment processing, (f) using spiders, bots (g) use spiders, robots, data mining techniques or other automated devices or programs to catalog, upload, store or otherwise reproduce, store or distribute content available on the Website, (h) frame portions of the Website within another website, (i) link from any other website to any page of the Website other than the home page, (j) resell use of or access to the Website to any third party without Beauties Lab's prior written consent.
Violation by any customer of system or network security or improper conduct may result in civil or criminal liability. Beauties Lab will investigate occurrences that may involve such violations and may cooperate with law enforcement entities in prosecuting customers responsible for such violations.
Anyone under the age of eighteen (18) is not permitted to use the Website and Services without the supervision of a parent or legal guardian. Beauties Lab is not responsible for any failure to do so.
Access to the Website and Services may not be legal by certain persons or in certain states or countries, or may require authorization. Customers accessing the Website and Services are solely responsible for compliance with the laws and regulations of their jurisdiction.
Beauties Lab reserves the right, with or without notice (a) to change product, skin care or Service descriptions, images and references; (b) to limit the quantity available of any product, skin care or Service; (c) to honor or impose conditions on the honor of any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit customers from engaging in any transaction; and (e) to refuse to provide any customer with any product, skin care or Service. The price and availability of any product, care or Service offered through the Website are subject to change without notice, and Beauties Lab shall not be liable for any errors in the prices or descriptions of such products, care or Services. Refunds and exchanges will be subject to Beauties Lab's then-current refund policies. Customers agree to pay all charges that may be incurred by them or on their behalf through the Website at the amount in effect at the time such charges are incurred, including, without limitation, all shipping and handling charges. In addition, customers remain responsible for all taxes that may apply to their purchase of a product, care or Service.
Customer Information, Username, Password and Security
In order to use the Website and the Services, customers may be required to register with Beauties Lab. As part of such registration, Beauties Lab may refuse to grant its customers, who will not be able to use, a username or email address that belongs to or is already being used by another person, that may be construed as impersonating another person, that violates the intellectual property or other rights of any person, that is offensive, or that Beauties Lab rejects for any other reason, in its sole discretion.
All customers are responsible for maintaining the confidentiality of their information with respect to the Website and the Services, including their user name and password. Customers are prohibited from transferring their password or user name, and from lending or otherwise transferring their use of or access to the Website or Services to any third party.
Customers are fully responsible for all transactions, including any information transmitted in connection with any transaction, and other interactions with the Website that occur in connection with their username.
Customers shall immediately notify Beauties Lab of any unauthorized use of their username and password or any other breach of security related to their account, username or the Website. Beauties Lab recommends that its customers ensure that they have completed the account logout procedure at the end of each session. Beauties Lab is not responsible for any loss or damage arising from its customers' failure to comply with any of the above obligations.
Customers' privacy rights are set forth in Beauties Lab's Privacy Policy available at https://beautieslab.co/pages/privacy-policy and may change at any time.
Forums and Submissions
Through the Website, Beauties Lab provides features that allow its customers to post information and materials publicly, such as bulletin boards, chat rooms and similar forums (hereinafter referred to as "Forums"), by transmitting submissions ("Submissions"). The Forums include opinions, statements and other content from third parties. The terms and conditions of use detailed in the Conduct and Use of the Website and Services, Disclaimer of Warranties and Liability sections apply to the use of the Forums.
Without Beauties Lab's prior written consent, you may not use the Forums for any commercial purpose, including promoting or advertising products, services or opportunities, and soliciting Website customers to visit or become members of any other third party commercial organization or service.
By making information or material available to the public through Submissions on the Forums or otherwise via the Website, customers acknowledge and agree that such Submissions will be non-proprietary and non-confidential and may be made available to the public and may be used by Beauties Lab without restriction.
By submitting a Submission, customers grant Beauties Lab the right to use the Submission for any purpose whatsoever. By submitting a Submission, Customers grant Beauties Lab a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable, multi-level right and license to use, reproduce, distribute (in multiple tiers), adapt (including, without limitation, editing, modifying, translating and reformatting) create derivative works, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import any Submission, in any media now known or later developed, for any purpose whatsoever, commercial or otherwise.
Customers represent and warrant that they have all necessary rights to license each Submission, and that Submissions provided through the Forums or otherwise via the Website comply with all applicable laws, rules and regulations. In addition, customers irrevocably waive any right, arising under any applicable law or legal theory, to claim authorship or integrity of materials with respect to any Submission transmitted.
Beauties Lab reserves the right, in its sole discretion, to edit any Submission and to choose whether to include any Submission in the Forums or otherwise on the Website. Beauties Lab is not responsible for selecting, monitoring or verifying such content, including its accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or materials made available by third parties, through the Forums or otherwise via the Website, are those of such third parties and not of Beauties Lab, and Beauties Lab does not endorse such opinions, statements and materials. Beauties Lab reserves the right to remove objectionable statements or other content from the Website at any time, if Beauties Lab believes that removal is warranted. Removal or modification of a Submission or other materials may not occur immediately.
Customers acknowledge and agree that Beauties Lab has no control over, and shall not be liable for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. CUSTOMERS WHO CHOOSE TO MAKE THEIR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE FORUMS OR OTHERWISE THROUGH THE WEBSITE DO SO AT THEIR OWN RISK.
Product Review System
Through the Website, Beauties Lab provides features that allow its customers to review products. Beauties Lab reserves the right to reject any product review for any reason. Product reviews relate only to product performance and comments relating to customer service, delivery and other issues will not be accepted.
Communications
By using the Website and Services, customers agree to receive electronic communications from Beauties Lab. These communications will include emails regarding account, password, access, marketing, transactions and other information related to the Services and account.
Payments and Billing
By purchasing a product or using the Services, customers expressly authorize Beauties Lab to charge the selected product or Services to the designated payment method. Receipts will be sent to customers upon successful billing to the email address associated with the account.
Booking appointments through the Booker platform online or in-store requires customers to provide a credit card number. The information collected is encrypted in the Booker platform and only the last four digits of the credit card numbers are visible to Beauties Lab and its employees.
Customers' cancellation, delivery and exchange rights are set forth in Beauties Lab's Cancellation, Delivery and Exchange Policy available at https://beautieslab.co/pages/cancellation-shipping-exchange-return-policy and may change at any time.
Third Parties
Products available on the Website may be supplied by third parties who are not affiliated with Beauties Lab, and any questions or inquiries regarding such products should be directed to the manufacturers of such products. Customers' use of any information provided on the Website is at their own risk and any medical or health questions or concerns should be directed to a health care professional.
Limitation of Warranty
THE WEBSITE, ITS CONTENT AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BEAUTIES LAB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET USE, NON-INFRINGEMENT, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
BEAUTIES LAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS AVAILABLE ON THE WEBSITE.
BEAUTIES LAB DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL MEET OR EXCEED CUSTOMER REQUIREMENTS, THAT THEIR OPERATION WILL BE UNINTERRUPTED, FREE OF ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, AND THAT ANY DEFECTS WILL BE CORRECTED. IF THE WEBSITE OR SERVICES ARE DEFECTIVE, BEAUTIES LAB IS NOT RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE NEED TO REPAIR OR REPLACE EQUIPMENT OR DATA.
WHILE BEAUTIES LAB USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, BEAUTIES LAB MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT OF THE WEBSITE AND SERVICES, AND ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN CONNECTION THEREWITH, AND EACH CUSTOMER AGREES TO USE THE WEBSITE AT HIS OR HER OWN RISK.
THE TRANSMISSION OF DATA OR INFORMATION BY CUSTOMERS, INCLUDING COMMUNICATIONS BY ELECTRONIC MAIL, OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS MAY NOT BE SECURE AND MAY BE SUBJECT TO LOSS, INTERCEPTION OR ALTERATION IN TRANSIT. THEREFORE, BEAUTIES LAB ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT CUSTOMERS MAY EXPERIENCE OR COSTS THAT CUSTOMERS MAY INCUR AS A RESULT OF ANY TRANSMISSION OF DATA OR INFORMATION OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF ELECTRONIC MAIL. IN NO EVENT SHALL SUCH DATA OR INFORMATION BE CONSIDERED CONFIDENTIAL, CREATE A FIDUCIARY DUTY ON THE PART OF BEAUTIES LAB, OR RESULT IN ANY LIABILITY TO CUSTOMERS IN THE EVENT THAT SUCH INFORMATION IS DELIVERED TO OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
Responsibility
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMERS UNDERSTAND AND AGREE THAT NEITHER BEAUTIES LAB NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION. UNDERSTAND AND AGREE THAT NEITHER BEAUTIES LAB NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, SHAREHOLDERS OR PRINCIPALS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF BEAUTIES LAB, IN NO EVENT SHALL BEAUTIES LAB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR PRODUCTS AND ERRORS CONTAINED THEREIN, OR THEIR INABILITY TO USE THE WEBSITE OR THE SERVICES, PRODUCTS AND CARE OR ANY ACTION BEAUTIES LAB TAKES OR DOES NOT TAKE, EVEN IF BEAUTIES LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVERAGE, BUSINESS INTERRUPTIONS, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, PERSONAL INJURY, DEATH, OTHER TANGIBLE DAMAGES AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, RESULTING FROM NEGLIGENCE OR OTHERWISE. BEAUTIES LAB'S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICES, PRODUCTS AND CARE OR THE USE OF THE WEBSITE AND SERVICES, PRODUCTS AND CARE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT PAID FOR THE USE OF THE WEBSITE OR SERVICES, PRODUCTS AND CARE.
BEAUTIES LAB IS NOT RESPONSIBLE FOR THE DELETION OR LOSS OF FILES OR INFORMATION DOWNLOADED FROM THE WEBSITE, ALL CUSTOMERS BEING RESPONSIBLE FOR THE BACKUP OF ALL FILES OR INFORMATION DOWNLOADED FROM THE WEBSITE. BEAUTIES LAB IS NOT RESPONSIBLE FOR THE DELETION OR LOSS OF ANY FILES OR INFORMATION UPLOADED TO THE WEBSITE, ALL CUSTOMERS BEING RESPONSIBLE FOR THE SAFEKEEPING OF ALL THEIR FILES AND INFORMATION UPLOADED TO THE WEBSITE, FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THEIR SUBMISSIONS, TRANSMISSIONS OR DATA OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR FOR ANY INFRINGEMENT BY ANY THIRD PARTY OF ANY OF THE CUSTOMERS' INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR OTHER RIGHTS.
Intellectual Property
Beauties Lab and all other trademarks and trade names of Beauties Lab, and any variations thereof, are and shall remain the exclusive trademarks and trade names and property of Beauties Lab, and any unauthorized use of such trademarks and trade names is prohibited.
The Website and the Services, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein are the sole and exclusive property of Beauties Lab and are protected by the copyright, trademark and other common and statutory intellectual property laws of Canada and other countries. Customers agree that Beauties Lab owns and retains all rights to the Website and the Services.
Customers may not sell or modify the content of the Services or the Services, nor may they reproduce, display, publicly perform or distribute the Services in any way for any purpose, except as expressly authorized by Beauties Lab.
Certain elements of the Website are owned by third parties who have authorized Beauties Lab to display them, such as branded materials, logos, trademarks and other proprietary elements. Except as expressly provided in these Terms and Conditions of Use, no license is granted to, nor are any rights conferred upon, any customer by virtue of accessing or using the Website. All rights not granted under these terms and conditions of use are reserved by Beauties Lab. Customers may not copy, modify, transmit or make derivative works based on the content of the Website.
Beauties Lab reserves the right to prosecute any customer who fails to comply with the rules set forth in this subsection.
Indemnification
CUSTOMERS AGREE TO DEFEND, INDEMNIFY AND HOLD BEAUTIES LAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, ACTIONS, REASONABLE LEGAL AND ACCOUNTING FEES OR EXPENSES ARISING OUT OF (I) THEIR USE OF THE WEBSITE OR THE SERVICES, PRODUCTS AND CARE; (II) THE CONTENT OR COMMUNICATIONS GENERATED BY CUSTOMERS; OR (III) THEIR VIOLATION OF THE TERMS OF THESE TERMS AND CONDITIONS OF USE. BEAUTIES LAB WILL IMMEDIATELY PROVIDE AFFECTED CUSTOMERS WITH NOTICE OF ANY CLAIM, SUIT OR PROCEEDING AND WILL ASSIST, AT THE AFFECTED CUSTOMER'S EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. BEAUTIES LAB RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
Additional Terms and Conditions
Nothing in this Agreement is intended to create or shall be construed as creating a joint venture, partnership, employer/employee or principal/agent relationship between Customers and Beauties Lab.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Quebec applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Each Customer irrevocably consents to the exclusive jurisdiction of the courts located in the Province of Quebec in any action arising out of or relating to these Terms and Conditions of Use and waives any objection based on lack of personal jurisdiction, residence or inconvenient venue in any such action.
If any provision of these terms and conditions of use is found by a court of competent jurisdiction to be invalid or unenforceable in any respect, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these terms and conditions of use shall remain in full force and effect.
The failure or delay of Beauties Lab or the Customers to exercise or enforce any right or claim shall not constitute a waiver of such right or claim and shall in no way affect the right of Beauties Lab or the Customers to subsequently enforce or exercise such right or claim, unless such party issues an express written waiver, signed by a duly authorized representative.
Customers may not assign these Terms and Conditions of Use or any of their rights or obligations hereunder.
Except as expressly provided herein, these terms and conditions of use shall create rights and obligations only between Beauties Lab and each individual customer and shall not create any rights for any other party.