TERMS AND CONDITIONS
We happily welcome you! We offer both web and physical services, allowing you to create, edit, perfect, and share photos, videos, video originals, remakes, tutorials, training on body tattooing etc. You can share your creations through the Services (defined below), social media, and/or email, or enjoy our how-to guides.
These Terms and Conditions (the “Terms”) is a contract you are entering into with Flawless Scalp Micropigmentation. Therefore, you should read through all of it. We can also make changes to these Terms. If you are entering into these Terms on behalf of an entity (such as your employer), you represent that you have full authority to bind such entity to these Terms, and in such cases references to “you” and “your” shall mean that entity.
DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
“We”, “Us”, “Our” “Company” and “Flawless SMP” in these Terms and Conditions means Flawless Scalp Micropigmentation.
“Services” means the physical training on body tattooing, coaching and other allied works.
“Consumer” means any individual who acquires Flawless Scalp Micropigmentation’s services wholly or predominately for personal, domestic or commercial use.
“Customer” means any person or entity requesting Flawless Scalp Micropigmentation to provide Services.
“Subscription” means the fees estimated by Flawless SMP in any quotation once accepted by the Customer.
“Materials”, such as videos, audio files, e-books/PDFs, online courses/tutorials, photos/images, video originals, remakes, profiles online coaching or physical training, for any or all purposes, including but not limited to, trading and commerce.
“Content” means any electronic or digital products and services, including but not limited to, electronic and digital products and services such as text, data, information, files, images, graphics, sounds, music, videos, code, audio clips, e-books, links, and/or other similar materials
OUR SERVICES
Your Rights. Subject to the terms and conditions of these Terms, you are given a personal license and right to access and use the applicable Services and your payment is termed “Subscription”. This Subscription is non-exclusive, non-transferable, and non-sublicensable, and the Subscription lasts only for the certain period attached to the Service you have subscribed for. As used herein, a “Paid Subscription” means a Subscription to any fee-based portions of the Services.
Prohibition of Access-Sharing: As you do not have the right to transfer or share your access to our services, failure to abide by this term shall attract a fine of $250,000.
Restricted Access. The Services are delivered electronically, and shall be deemed accepted by you upon delivery. Some modules, tools, features, or other functionality (collectively, “Features”) may only be available to Paid Subscriptions. Paid Subscriptions themselves shall also be subject to whatever limitations may be specified in the corresponding Paid Subscription plan or package (such as limitation on the number of authorized users, usage volume or duration).
Changes to the Services. We reserve the right, from time to time and in its discretion, and without prior notice, to: (a) change any Features and/or other aspects (such as the design, layout, or availability) of the Services; (b) deactivate any Features, including without limitation deactivating any free Features and offering them only as part of a Paid Subscription (and vice versa); and (c) stop supporting (or limit compatibility with) certain devices and operating systems, in which case your access to the Services on such devices or operating systems may be impaired. Where required by applicable law, we will notify you in advance (either via email, via your Account, and/or within the Services) in the event we decide to shut down or discontinue any App, Web Service, and/or the Services as a whole.
Reservation of Rights. For the avoidance of doubt, the Services are only licensed to you, and no title in them passes to you. Any rights not expressly granted herein are hereby reserved by us and its licensors, and you are granted no other right or license in the Services, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.
YOUR ACCOUNT AND YOUR CONTENT
In order to access the Services, you may be required to register for an account by submitting the information requested in the applicable web form or interface (“Account”). You alone are responsible for providing up-to-date accurate information, maintaining the confidentiality and security of your Account (and user sub-accounts) and credentials, as well as for all activities that occur in such Account. Information collected by us in creating your Account will be used and processed in accordance with our Privacy Policy.
PAYMENT
Fees: You are required to pay $2,500 (Paid Subscription) to enjoy our Services and Features, and certain Service Content is only offered for payment. You agree to pay whatever fees and other charges that are presented to you when you subscribe to a Paid Subscription or Paid Service Content (collectively, the “Fees”). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle (“Billing Cycle”). Except as stated, all Fees are non-refundable and non-cancellable. Moreover, amounts payable are exclusive of all applicable sales, use, consumption, VAT and other taxes, except for taxes based upon our net income.
Payment Methods and Processing: Payments may be processed via the relevant App Marketplace (defined below), as well as any other third-party payment methods which we make available (such as via PayPal, Discover, MasterCard, Visa and certain supported payment cards). You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize Flawless SMP (and any third party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions.
If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) – so carefully read those terms.
INTELLECTUAL PROPERTY
Services: All rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Services is and shall remain exclusively owned by us and/or our licensors. If you provide us with any suggestions or other feedback about the Services (“Feedback”), you agree that we may use such Feedback at our discretion, and without any restriction (e.g., for research and development purposes, for commercial purposes etc.) or obligation to you.
Our Brands: The trademarks and branding (collectively, “Trademarks”) displayed in the Services, as well as their associated goodwill, are and shall remain exclusively owned by Flawless SMP and/or our licensors (the “Service Trademarks”). Some of those Service Trademarks may also be registered by their respective owners. You may not use or register any Trademark that is confusingly similar to any Service Trademarks, and you must refrain from any action that may dilute, tarnish, or damage Service Trademarks or their associated goodwill.
Definition of Intellectual Property Rights: “Intellectual Property Rights” shall mean any rights, titles, and interests (under any jurisdiction, whether protectable or not, and whether registered or unregistered) in and to any inventions, discoveries, works of authorship, domain names, software, algorithms, designs, databases, data, know-how, technology, and/or other intellectual property, and includes without limitation patents, copyright and similar authorship rights, personal rights (such as Moral Rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, Trademarks, as well as all related applications and goodwill.
ADVERTISEMENTS AND THIRD-PARTY INTERFACES AND LINKS
We may present third party advertisements in the Services. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we endorse the goods or services that they offer, and we bear no liability for any decision by you to purchase or otherwise receive such goods or services. Moreover, we may cooperate with advertisers to offer you sponsored goods or services. The sponsored goods and services are offered by their respective providers, are under their exclusive responsibility, and we shall have no liability for such goods or services. If you encounter any problem with the sponsored goods or services, you agree to contact the third-party providers, not us.
The Services may include links to other websites not owned or controlled by Flawless SMP. The Services may also include Features provided by third parties through an application programming interface (API) of such third party. We have no control over, assumes no liability for any loss, damage or harm arising from: (a) the privacy policies or other practices of such third parties; or (b) the content or availability of any such websites or Features, and we do not endorse any materials available from such websites or Features.
We encourage you to be aware when you leave the Services. You should read the terms and conditions and privacy policy of each third-party website and Feature before you provide them with your personal information or other Content. You are responsible for complying with the terms of all such third-party websites and Features.
DISCLAIMER OF WARRANTIES
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, LICENSORS, AGENTS AND AFFILIATES (COLLECTIVELY, THE “Flawless SMP PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT, OR THAT ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE.
WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS IN ANY WAY;
THE SERVICES WILL BE FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR NON-INFRINGING. NO ORAL OR WRITTEN REPRESENTATION, ADVICE OR STATEMENT MADE BY US OR ON OUR BEHALF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND. ANY HOW-TO GUIDES OFFERED ARE FOR YOUR INFORMATION ONLY, AND YOU MAY NOT RELY ON THEM FOR ANY ACADEMIC, VOCATIONAL OR PROFESSIONAL CERTIFICATION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Flawless SMP PARTIES SHALL NOT BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS FOR ANY:
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES;
LOSS OF PROFIT, BUSINESS, ANTICIPATED SAVINGS, OR OPPORTUNITY;
LOSS OF, OR DAMAGE TO, ANY CONTENT, REPUTATION, OR GOODWILL; AND/OR
COSTS OR EXPENSES OF PROCURING SUBSTITUTE GOODS OR SERVICES.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF Flawless SMP PARTIES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, COSTS, OR EXPENSES; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT, TORT OR STATUTORY LIABILITY. HOWEVER, NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW.
INDEMNIFICATION
You will indemnify and hold harmless each of the Flawless SMP Parties from and against any losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal costs and attorney’s fees) suffered or incurred by any Flawless SMP Parties as a result of any breach by you under these Terms and/or any violation by you of any law and/or the rights of any third party.
PROHIBITED USES
You must not do (or permit or encourage to be done) any of the following, in whole or in part: (a) copy, “frame” or “mirror” the Services; (b) sell, assign, transfer, lease, sublicense, or otherwise distribute or make available the Services to any third party (such as offering it as part of a time-sharing or service bureau environment); (c) publicly perform, display or communicate the Services; (d) modify, adapt, arrange, or translate the Services; (e) decompile, disassemble, decrypt, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of the Services; (f) remove, alter, or conceal any copyright, trademark or other proprietary rights notices displayed in the Services; (g) circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them; (h) make a derivative work of the Services, or use them to develop any service or product that is substantially similar to it; (i) store or transmit any robot, malware, Trojan horse, or similar malicious item (for example, by way of Account Content) intended (or that has the potential) to damage or disrupt the Services;
TERMINATION
Termination by Us: We reserve the right, without notice and without liability, to suspend and/or terminate these Terms at any time, whether for cause (for example if you breach these Terms) or for convenience (for example if Flawless SMP is discontinuing Services).
Termination by You: You may terminate these Terms at any time, via the functionality offered or by canceling your Account. In such cases, termination will take effect immediately, unless you have a current Paid Subscription in which case termination shall take effect at the end of the then-current Billing Cycle, and you will not be charged for the subsequent Billing Cycle.
Effect of Termination; Survival: Termination of these Terms shall not affect any rights, remedies, obligations or liabilities that accrued as of the effective date of termination. Upon termination of these Terms: (a) the Subscription and access to the Services will terminate; and (b) your Account and related access credentials shall be terminated, and you shall be responsible for backing up your Account Content, and we shall not be required (unless required by applicable law) to retain any Account Content. Any provision of these Terms that should survive termination, shall survive.
GOVERNING LAW; DISPUTE RESOLUTION
These Terms, as well as non-contractual claims, shall be governed by, and construed in accordance with, the laws of Canada, without regard to any conflicts of laws rules.
If you are a consumer (as defined in the law of your jurisdiction), these Terms is not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer laws of your jurisdiction.
GENERAL LEGAL TERMS
Entire Terms: These Terms (together with its Schedules) represents the entire Terms between us and you with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written Termss and understandings between you and us with respect to such subject matter. You confirm that in entering into these Terms you have not relied on any statement or representation not expressly set out in these Terms, such as statements and explanations or other marketing material on our website. The section headings in these Terms are for convenience only and may not be used for interpretive purposes.
Age Representation: You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least eighteen (18) years old.
Assignment. We may assign these Terms (or any of our rights and/or obligations hereunder) without your consent, without notice, and without any other restriction. We may, from time to time and at its discretion, subcontract performance of our obligations under these Terms. These Terms is personal to you, and you may not assign or transfer these Terms (or any of your obligations or rights hereunder) without our express prior written and signed consent. Any prohibited assignment shall be null and void. Subject to the foregoing, these Terms shall bind and benefit each party and its respective successors and assigns.
Severability. If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, then: (a) the remaining provisions of these Terms shall remain in full force and effect; and (b) you and Flawless SMP agree that the court making such determination shall have the power to change the provision to make it legal, valid and enforceable and that most closely approximates the original intent and economic impact of such provision, and these Terms shall be enforceable as so modified in respect of such jurisdiction. In the event such court does not exercise the power granted to it as aforesaid, then such provision will be ineffective solely as to such jurisdiction, and will be substituted with a valid, legal and enforceable provision that most closely approximates the original intent and economic impact of such provision.
Remedies: Except as may be expressly stated otherwise in these Terms, no right or remedy of a party under these Terms shall be exclusive of any other right or remedy under these Terms, at law or in equity.
Waiver: No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Flawless SMP, the writing must be signed by an authorized representative of our company), and shall be valid only in the specific instance in which given.
Relationship of the Parties; Third Party Beneficiaries: No agency, partnership, joint venture or employment relationship is intended or created by these Terms, and the relationship of the parties is solely that of independent contractors. Except as provided otherwise in these Terms, neither party intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
Notices: You agree that we may send you notices by email, as well as provide you notices within the Services. Except as stated otherwise in these Terms or required by applicable law, you agree to send all notices to us via info@flawlesscalp.com.
Export Compliance: You must comply with any applicable export control laws. You represent and warrant that: (a) you are not a resident of a country that the Canadian Government has embargoed for use of the Services, nor are you indicted for any offence or crime dangerous to the reputation of Flawless SMP; and (b) your country of residence and/or incorporation (as applicable) is the same as the country specified in the contact and/or billing address provided to us.
Any question or clarification can be made or sent to us via info@flawlesscalp.com
Or
Flawless Scalp Micropigmentation
5890 Fraser Street, Vancouver, BC V5W2Z5
Canada
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
https://flawlessscalp.com/privacy-policy/
Contacting Us
If there are any questions regarding this policy you may contact us using the information below.
https://flawlessscalp.com/contact
5890 Fraser Street
Vancouver, BC V5W2Z5
Canada
info@flawlessscalp.com
604.568.8168
