TERMS AND CONDITIONS
1. Use of the Website
This Website (the "Website") is owned and operated by Beauty Academy BW (the "Company") for business and informational use. The Company offers you access to the Website based strictly on the terms identified in these Terms and Conditions of Use (the “Terms”). By visiting the Website, using the Website, registering on the Website, registering for a program through the Website, downloading documents, logging in or out, and/or making any purchases through the Website (individual or collectively the "service") you are accepting and agreeing to adhere to each of the terms set forth herein. The Company may modify these terms at any time. The amendments will be effective from the time they are published. Therefore, you should review these terms from time to time. Your access and use of this Website or the service after the effective date of the amendments means that you have accepted the terms as amended. You may only use the services in accordance with these terms. If you do not agree with any of these terms, you must discontinue use of the Website.
3. Customer Account
Subject to these terms, the Company grants you a limited, revocable, non-exclusive, non-transferable and non-assignable right to the Website for the purposes set forth herein. You grant the Company a transferable and assignable right to use the information you provide to the Website, including without limitation the use of the information to provide you with the products and services requested and to carry out any activity as explained below in these terms.
In some instances, use of the Website may require registration. In such case, you agree to provide true, accurate and updated information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse services, cancel accounts or cancel orders at its sole discretion.
The Company is authorized to rely on its representations under these terms. The Company will not be subject to and will not accept any claim from any party claiming that it did not authorize the supply, delivery and/or receipt of information or services, whether or not through the Website. You are the person responsible for the use of this service, and for any consequences under these terms.
4. Intellectual Property
All content on the Website and service, including without limitation text, graphics, photos, videos, logos, icons, screens and settings, is the property of the Company or its licensors (or is a nominative use of a trademark) and is protected by trademark or copyright registrations or by common rights to that effect under the laws of the State of Florida and/or the United States. The content of this Website and the programs (“software”) used in connection with it are protected by the copyright laws of the United States. You do not acquire any proprietary rights by agreeing, accepting or consenting to these terms. You do not acquire any proprietary rights by printing or downloading information or by using the Website or the service. Any use of the content or the program ("software") on the Website for purposes other than the provision of the services provided herein is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or publicly displaying, or creating derivatives. You may not remove or alter, in whole or in part, trademarks, copyrighted works, intellectual property, or any other legal notices from any portion of the Website.
Notwithstanding the foregoing, the Company authorizes you to make an electronic or paper copy of the information published on any of the pages of the Website, provided that this copy is used strictly for non-commercial, personal purposes and that, in each of cases, that copy remains protected by all trademark rights, copyright and any other notification of intellectual property contained in the Website. This license does not include the resale of this site or its content; sharing the content with other people, any collection of product listings; descriptions or prices; any other derivative use of the Website or its content; and the downloading or reproduction of the information for the benefit of any merchant or individual; or any use of data mining, robots, or similar data collection tools.
5. User Content
All comments, reviews, criticism, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other content or presentation disclosed or provided by you to the Company, or included with any hashtag provided by Company, on or through the Website or otherwise disclosed to you in connection with your use of the Website (hereinafter "User Content") shall become the property of Company. Such disclosure or submission of User Content shall constitute a consent and assignment to the Company of all right, title and interest in all copyrights and other intellectual property, including the right of image, in the User Content. By your disclosure or submission of User Content you represent to the Company that the User Content submitted by you does not violate the rights of third parties, including copyrights, trademarks, privacy or other personal or proprietary rights. Therefore, you agree to indemnify and hold harmless Company from all claims arising out of or in connection with any third party claim for any rights in any User Content that you have disclosed, provided or submitted to Company. If you submitted or disclosed any user content in error or want the Company to delete, remove, or terminate the user content submitted or disclosed by you from the Website, you may send us a request to firstname.lastname@example.org, to that we may take steps to remove such content. Such request may take seven (7) to ten (10) days to process.
The Website may provide certain functions that allow you to submit comments, reviews and/or ratings of the Company's products. All the rules described below in the "prohibited activities" section, will apply to the use of these functions. Company reserves the right, in its sole discretion, to edit any presentation or disclosure that you include in the use of these features and to determine whether or not to include such presentation or disclosure in these features or on the Website. You further agree that User Content submitted or disclosed by you to the Website will not be and will not contain libelous or otherwise unlawful, abusive, obscene or otherwise objectionable material.
6. DMCA Compliance
The Company is in compliance with the Digital Millennium Copyright Act (“DMCA”), title 17, United States Code, section 512 (c) (2), as applicable. If you believe that any content on the Website violates your intellectual property rights, you should submit a notice explaining the violation. To be valid, this notice must meet the requirements provided in Title 17, United States Code, Section 512(c)(3). The notification must be sent to: email@example.com, with the title: "DMCA takedown notice".
7. Information About Orders
By placing an order or requesting a product or service through the Website, you represent and warrant that you are over 18 years of age (or are of legal age to enter into these terms in the jurisdiction of your residence) and that all information you are providing, if any, including without limitation your email address, is accurate, current and complete.
8. Return and/or Refund Policy
As per our Policy, all sales are final and non-refundable. Two weeks’ notice is needed in order to transfer to another course.
9. Social Media
10. Billing and Payments
By submitting the information required in the registration and billing procedure through the Website, you are agreeing to a charge (the "charge") for the amount identified therein. Therefore, you consent that the Company is authorized to charge you directly through the payment method provided and to collect any applicable fees, taxes, and impose any applicable premium, surcharge and/or additional charge that may apply for the use of the options that provides the service. The Company will not be responsible for any charges, surcharges, additional charges, or taxes billed by your internet service provider or for any of the services that your internet service provider promises you. You represent that all information provided by you in the registration, purchase and billing process is accurate.
11. Product Information
The Company attempts to be as accurate as possible when describing the products available for sale and/or distribution on the Website. The Company does not guarantee, however, that the description of products or other content on the Website is accurate, complete, reliable, current or error-free.
Pricing and availability information provided on the Website is subject to change without notice. All prices are identified in United States dollars.
12. Prohibited Activities
You may not hack the Website or post content that, in the Company's determination, is fraudulent, false, misleading, harassing, illegal, abusive or threatening, infringes the trademarks or copyrights of others persons, is sexually explicit, profane, obscene, or pornographic, defamatory or libelous, harmful to minors, constitutes or encourages conduct constituting a criminal act, gives rise to civil liability, or otherwise violates any local, state, federal or international law, is in any other way objectionable, not allowed by the Website under normal operating rules, or that disables or in any other way partially or totally blocks the functionality of the Website to other people or to the Company.
You may not use the Website or your account on the Website for any commercial purpose or for political, business advertising, fundraising or promotion. You may not upload or reload destructive programs, data, files, or programs such as viruses and/or self-replicating codes or take any other action to harm the Website, computers, or electronic devices. You may not send unsolicited email, including junk mail or chain letters, to any other user of this Website or service. You may not request a password or other personal information from other users of the Website or the service. You may not post or transmit any message that reveals the private or personal matters of any person. You may not post or transmit any messages, data, images, or programs in a manner that would violate the proprietary rights of others, including copyrighted text, images, or programs, trade secrets or other confidential proprietary information, or trademarks. or services in an infringing manner. You will not allow anyone other than yourself to use the services through your Account. You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of this Website, products or the service. You may not copy, reproduce, prepare derivative works, publicly perform, publicly display or distribute the service, products or the Website in any way not expressly authorized by the Company. You may not reverse engineer, decompile, decrypt, or otherwise alter or interfere with the Website, products or the service, or attempt to do so or assist or encourage others to do so. You may not submit incorrect or false information to the Company through the Website.
If you violate or violate or the Company reasonably suspects that you have violated or violated the provisions of this section, or any other provisions, representations and/or agreements contained in these terms, the Company may, in its sole discretion, suspend, cancel and/or terminate your account and/or access to the Website and/or the service or any part thereof with or without notice to you. The Company may in its sole discretion terminate these terms or suspend, cancel or terminate any right or license granted in these terms, your service account and/or the service or any part thereof for any or no reason with or without notice to you. If the Company suspends, cancels or terminates the service or your account under this paragraph, the Company will have no liability to you, including, without limitation, that the Company will not be responsible for any payment made by you for any undelivered services or products. This paragraph shall not be construed to create any liability on behalf of the Company.
You understand and agree that any unauthorized use of the Website or the service will result in irreparable damage to the Company, its affiliates and/or its business partners, licensors and/or its business partners for which monetary compensation in damages will be inadequate, in which case and/or in violation of these terms, the Company, its affiliates and/or its business partners, licensors and/or its business partners, as applicable, will have the right, in addition to other available remedies in law or in equity, to require an immediate injunction remedy against you. Nothing in this paragraph or in any other section of these terms shall be construed to limit the remedies available at law or pursuant to any other claim that the Company, its affiliates and/or its business partners and/or its licensors may have under other provisions of these terms or under independent legal authorities, including, without limitation, any claim of intellectual property infringement.
Company's failure to enforce or enforce any of these terms or to respond to a violation by you or any third party of these terms shall in no way constitute a waiver of Company's rights to subsequently enforce any of these terms. and conditions contained herein or to act with respect to similar breaches.
As a convenience, the Website, the service, electronic communications and electronic versions of products or services may contain links to other Internet pages that are owned and operated by third parties. External links are outside the control of the Company. By providing these links, the Company is not endorsing any of these other Websites and is not making any representations as to their content. The Company has no responsibility, direct or indirect, for these third-party web pages, including without limitation for the content of these third-party web pages. You may access the linked pages at your own risk. The Company, its affiliates and/or business partners may present promotional and advertising material offered by third parties through the Website and the service. Such promotional and advertising material offered by third parties, including without limitation the payment and delivery of products or services, your interaction with those third parties, and the corresponding terms, conditions or agreements, are exclusively between you and those third parties. The Company and its affiliates and/or business partners will not be responsible for any transactions or claims that you may have against these third parties.
14. No Warranties
The Website and the Service, including without limitation any part thereof, are provided "as is" and use of the Website, products and/or the service, including without limitation any part thereof, is entirely at your own risk. The Company and its officers, directors, owners, representatives, independent contractors, employees, agents, affiliates, and business partners make no representations or warranties of any kind, express or implied, as to the operation of the Website, and the service, including without limitation any part thereof, the information, content, materials, products or services included on the Website and the service, including without limitation any part thereof, including without limitation any implied warranties of merchantability and the statutory guarantee of non-infringement.
There is no guarantee that the service or the Website will meet your requirements, or that your access to it will be uninterrupted or error-free. The Company and/or the Company entities, as applicable, do not warrant or make any representations regarding the use or the results of the use of the service or the Website, with respect to the performance, accuracy, reliability, security, capacity, correctness or others. You will not hold the Company, or the entities of the Company, as applicable, responsible for any damages resulting from your access or use of the service, products and/or the Website, including, without limitation, infections or contamination of the devices you use to access it or to transfer the information or data that may result from its use. No verbal recommendation or written information provided by the Company or its officers, directors, owners, representatives, independent contractors, employees, agents, affiliates or business partners will create a guarantee and you may not rely on such information or recommendation. The Company is not responsible to you for the content provided through the service or for any downloads or content that you find objectionable.
The Company assumes no responsibility for typographical errors or other errors in displayed prices or in the description of a product. The Company reserves the right to refuse or cancel orders for such products.
15. No Responsibility
Neither the Company nor its representatives, affiliates, licensors or content suppliers shall be liable for any direct, indirect, incidental, special or consequential damages caused by the use of the service, products or transactions through the Website or the inability to access to the Website. You agree that, in no event shall the Company or its officers, directors, owners, independent contractors, employees, agents, licensors, or affiliates be liable, and you release all such persons from any liability, direct or indirect, to you for any loss, damage, liability or expense arising out of or in connection with the use of this Website or the use of the services through this Website whether or not such loss, damage, liability or expense results directly or indirectly from the negligence of the Company.
You hereby release and forever discharge the Company and its officers, directors, owners, representatives, independent contractors, agents, employees, subsidiaries and affiliates and their respective successors and assigns from any and all liability, claim, counterclaim, demand, compensation, damage or cause of action, now or hereafter arising from you, whether or not arising, known or unknown, arising out of or in any way related to your use of the Website or services by you, specifically including but not limited to any claim arising in whole or in part from the alleged negligence of the Company or its affiliates, in the operation of the Website, the service or otherwise.
Company may in its sole discretion terminate these Terms or suspend, cancel or terminate your account and/or the Website and/or the service or any part thereof for any or no reason, with or without notice to you. The Company may, from time to time, change, modify and/or discontinue (temporarily or permanently) the Website and/or the service or any part thereof with or without notice to you. The Company will not be liable to you or any third party for any modification or discontinuation of the Website and/or the services or any part thereof.
You agree to indemnify the Company and its officers, directors, owners, representatives, independent contractors, employees, agents and affiliates (collectively, the "indemnitees") from, from and against any and all losses, claims, actions, demands, causes of action and other proceedings (collectively, the “Claims”) by reason of, or in any way related to, or arising out of: (a) your use of the Website and/or the service or any part thereof, and in violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content, arising out of or related to your use of the Website and/or the Service; (c) any content or information that you upload or upload through your account to the Website, the Service, or to the computer systems that run the Website and/or the Service or otherwise; and (d) any violation of these terms. You agree to reimburse any and all Indemnitees upon demand for any losses, costs, judgments, fees, penalties and other expenses they incur, including without limitation attorneys' fees and court filing fees, as a result of the claims.
19. Applicable Law and Jurisdiction
These Terms shall be construed and governed exclusively by the laws of the State of Florida without regard to its conflict of law provisions or the laws of any other state or country or of your state or country of residence. Any dispute related in any way to your use of the Website, or to the products or services purchased there, will be submitted to the court of Miami-Dade County, except for matters related to violations of the Company's intellectual property, for which the Company may seek relief in any state or federal court.
20. Force Majeure
The Company will not be liable for any amount for failure to perform these terms if that failure is caused by power outages, internet outages, communication outages, fire, flood, earthquake, tornado, hurricane, war, act of god, force major, epidemics, pandemics or the occurrence of any unforeseeable event or contingency or event beyond the control of the Company. If you do not receive the product or service due to network congestion or unavailability, you may contact the Company at firstname.lastname@example.org.
21. No Waiver
Company's failure to enforce any provision of these Terms or to respond to a breach by you or any third party shall in no way be deemed a waiver of Company's rights to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to similar breaches.
22. Entire Agreement
These terms constitute the sole and entire agreement between you and the Company and supersede all prior negotiations and agreements, whether written, oral, or otherwise, with respect to the subject matter contemplated in these terms, except if there is a conflict between the version in English and another version of these terms, the English version will govern and control the conflict. If any term, provision, agreement, or restriction of these Terms is found to be invalid, void, unenforceable, or contrary to public policy by a court of competent jurisdiction, the remainder of the Terms will remain in full force and effect and the portion will not enforceable shall be construed in accordance with applicable law in a manner that best reflects the original intent of the parties. Company's failure to assert a claim or defense in accordance with these terms shall not be deemed a waiver of such claim or defense. Headings used in these terms are for convenience only and will have no effect on the interpretation or enforcement of these terms.