Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER THROUGH LUXE NAILS CHANNELS.
Welcome to the LUXE NAILS (TO) website, and other versions of the website located at URLs that point to the domain name LUXENAILSTO.COM (the “Sites”). Your use of these sites, including downloading, installing and using the App on your mobile device is subject to the following terms and conditions of use (“Terms”). These terms also govern the sale of merchandise by LUXE NAILS to you through the sites. These terms are important for both you (and us) as they create a legally binding agreement between us, protecting your rights as a valued client and our rights as a merchant.
The sites are available only for your personal use, which shall be limited to viewing the sites, downloading the App, providing information on the sites, downloading product information for your personal review, and purchasing merchandise.
When using the sites or otherwise communicating with LUXE NAILS once you have used the sites, you accept that communication with us will be electronic and that such communication will be binding on you and LUXE NAILS.
We avoid selling products or services for purchase by children although we may sell products or services for teens and pre-teens for purchase by adults. If you are under the age of majority in your jurisdiction of residence, you may use the sites only with the involvement of a parent or guardian.
Please Contact Us if you have any questions about these Terms.
2. 1. TERMS & CONDITIONS AND OTHER SITE POLICIES
These terms and the Site Policies together constitute an agreement between you (herein, “you” or “your”) and Luxe Nails, a division of Elite Beauty Inc., a corporation incorporated under the laws of the Province of Ontario, conducting business as LUXE NAILS (herein, together with their affiliates, “us,” “our,” “we,” "Luxe" or “LUXE NAILS”), in relation to your use of the sites, the merchandise and services offered and sold through the sites, and any orders you place through the sites.
BY USING THE SITES AND/OR PLACING ANY ORDERS THROUGH THE SITES, YOU ACCEPT THESE TERMS AND THE SITE POLICIES AND AGREE TO BE BOUND BY THESE TERMS AND THE SITE POLICIES. IF YOU DO NOT AGREE WITH THESE TERMS OR THE SITE POLICIES, PLEASE DO NOT PLACE AN ORDER THROUGH THE SITES OR USE THE SITES OR ANY OF THE SERVICES PROVIDED ON THE SITES. IF YOU ARE DISSATISFIED WITH THESE TERMS, ANY OF THE SITE POLICIES OR THE SITES, YOUR SOLE REMEDY IS TO CEASE USING THE SITES.
3. OUR RIGHT TO MODIFY
Subject to applicable law, (which may include the Province of Ontario), LUXE NAILS reserves the right, in its sole discretion, to make changes to these terms and the Site Policies at any time without specific notice to you. By using the sites after any such changes, you agree to comply with and be bound by these Terms and the Site Policies, as amended. If you do not agree to these terms and the Site Policies as they may be amended from time to time, please do not use the sites. You should review the most recent version of these terms and the Site Policies periodically.
We may impose rules for, and limits on, use of the sites or restrict your access to the sites, in whole or in part. We have the right to change such rules and/or limitations at any time, in our sole discretion.
4. MODIFICATIONS TO SITES
We reserve the right to remove or edit any materials or content on the Sites (including terminating, changing, suspending or discontinuing any aspect of the sites) and the right to withdraw any merchandise from the sites at any time. We will not be liable to you or any other party for doing so.
5. APP UPDATES AND UPGRADES
6. USE OF THE SITES
The viewing, printing or downloading of any graphic, form, document or other content from the sites grants to you a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any graphic, form, document or other sites’ content may be reproduced in any manner or incorporated into any information system. Any unauthorized use of a site and its content automatically terminates such license without notice.
You agree that:
- You may only use the sites to make legitimate inquiries or orders;
- You will not make any speculative, false or fraudulent orders for merchandise. If we are of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
- You will not harvest or otherwise automatically collect or use any information (including without limitation personal information) about other users of the Sites, including, without limitation, e-mail addresses, without the express consent of such users;
- You will not interfere or attempt to interfere in any way with the sites’ networks or its network security, or attempt to use the Sites’ service to gain unauthorized access to any other computer system;
- You will not use the Sites to communicate, transmit, or post commercial electronic messages or material that infringes on the intellectual property, privacy or publicity rights of another;
- You will not use the Sites to engage in conduct that would constitute a civil or criminal offence , or that otherwise violates any city, state, provincial, national or international law; and
- By placing an order through the Sites, you represent and warrant that you are either (i) at the age of majority in your jurisdiction of residence and are legally capable of entering into binding contracts; or (ii) a minor and are capable of entering into contracts alone to meet your ordinary and usual needs, based on the limits imposed by your age and power of discernment, and are duly authorized to use the payment method you are using.
7. REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services and Sites’ functionalities, such as My Account, Wishlist and Luxe Member, you will have to create an account by completing a registration form. You agree that all information which you submit (the “Registration Information”) is true and complete and that you will update your Registration Information to keep it true and complete.
Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Sites. Your password may be used only to review information regarding potential and completed transactions, to purchase or cancel purchases of merchandise, to change your preferences, post content and otherwise access and use the Sites and services on the Sites in accordance with these Terms and the Site Policies. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release LUXE NAILS, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all liability concerning such transactions or other activities. You agree to notify LUXE NAILS immediately of any actual or suspected loss, theft or unauthorized use of your account or password. LUXE NAILS has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.
8. POSTED CONTENT AND SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments. Accordingly, as part of your use of the Sites and services offered on the Sites, you may upload, post, distribute or share (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, in our sole discretion, may post or allow you to post (collectively, the “Posted Content”) through, on, or in association with the Sites. You hereby grant LUXE NAILS a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such Posted Content in any media and to use such Posted Content to promote and advertise the Sites and LUXE NAILS and its products and services in any way, and you hereby waive any moral rights to such Posted Content.
You warrant that if you are not the authorized holder of rights in respect of the Posted Content, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own Posted Content and are responsible for the consequences of your Posted Content. You agree not to post:
- Any material that (i) is copyrighted or trademarked, (ii) is confidential or proprietary, (iii) reveals a trade secret, (iv) infringes on any intellectual property right of another or on the privacy or publicity rights of another; in each case unless you own the relevant rights or have the owner's permission (including the requisite consents and releases, as the case may be) to post such material;
- Any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
- Any chain letter or pyramid scheme; or
- Any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Because of the large number of ideas and works that LUXE NAILS has already developed, or that have been suggested to us by third parties, the possibility exists that any information, idea, suggestion, submission or other material that you may make through the Sites is similar to information, ideas, suggestions, submissions or other material already known to us. By disclosing any information, idea, suggestion, submission or other material through the Sites, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, LUXE NAILS by virtue of such submission. Moreover, no liability shall result from the use of such information, idea, suggestion, submission or other material by LUXE NAILS.
LUXE NAILS has no obligation to screen or monitor Posted Content. LUXE NAILS does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by users. You acknowledge that any reliance you place on Posted Content by other users will be at your own risk. LUXE NAILS becomes aware of any Posted Content that does not conform to these Terms or the Site Policies, LUXE NAILS may investigate the allegation and determine, in its sole discretion, whether to take action in accordance with these Terms and/or the Site Policies. Subject to applicable law (which may include the Province of Ontario), LUXE NAILS has no liability or responsibility to users for performance or nonperformance of such activities.
If Posted Content is misused, none of LUXE NAILS, its affiliates, or their respective content or service providers or the directors, officers, employees or agents of each of the foregoing, will be liable in any way for such misuse. LUXE NAILS is not responsible for any improper use of data and contents of Posted Content by third parties. Any use of Posted Content by third parties in any manner, whether contrary to applicable laws or not, is beyond LUXE NAILS' control and, consequently, LUXE NAILS is not liable. In the event that you have a dispute with one or more such users, you release LUXE NAILS, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
LUXE NAILS invites you and others to share comments, questions, and responses in order to make its Sites interesting places to enjoy conversations and exchange pictures and information. LUXE NAILS intends to supervise conversations and exchanges on the Sites and may itself participate in the discussions. LUXE NAILS is committed to promoting online courtesy and reducing online content that is offensive, insulting, disrespectful, malicious or accusatory. LUXE NAILS accordingly reserves the right to modify or delete any content of that nature.
LUXE NAILS ALSO HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST LUXE NAILS FOR SUCH REMOVAL AND/OR DELETION.
LUXE NAILS IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITES. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY information, ideas, suggestions, submissions or other material YOU POST ON THE SITES.
9. INTELLECTUAL PROPERTY
The Sites, including all information and content thereon such as text, data, wallpaper, icons, characters, artwork, images, animations, videos, photographs, graphics, music, sound, messages, software and the HTML used to generate the Sites’ pages (collectively, “Materials”), are the property of LUXE NAILS or our affiliates, suppliers or licensors and are protected by patent, trademark and/or copyright laws in Canada, the United States and/or elsewhere. Except as otherwise provided on the Sites or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Sites, in whole or in part, for any public or commercial purpose without specific prior written consent from LUXE NAILS.
As between you and LUXE NAILS, LUXE NAILS is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Sites, and is the copyright owner or licensee of the Materials on the Sites, unless otherwise indicated. The LUXE NAILS name, logos, designs, titles, phrases and merchandise names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “LUXE NAILS Intellectual Property”) are owned by LUXE NAILS or its affiliates and may be registered in Canada, China, the United States and/or elsewhere.
Nothing on the Sites should be construed to grant any right or license to use any LUXE NAILS Intellectual Property or any of the Materials. You agree not to display or use the LUXE NAILS Intellectual Property or any of the Materials in any manner without LUXE NAILS' specific prior written consent, which may be withheld in LUXE NAILS' sole discretion.
10. MERCHANDISE AVAILABILITY
Availability of merchandise on the Sites may vary and merchandise displayed may be out-of-stock or discontinued. Some merchandise may be available only in limited quantities or while supplies last. Once an item is out of stock, we will attempt to restock or remove the item promptly from display on the Sites. Display of an item on the Sites is not a guarantee that the item is in stock or that it will be in stock at a later date.
11. PLACING AN ORDER
Although we have made every effort to display merchandise as accurately as possible on the Sites, the manner in which products are actually displayed will depend upon the monitor or device of the user. We cannot guarantee that your monitor or device will accurately portray the actual colours, textures or details of our products.
To place an order, you will be required to follow the shopping process on our Sites by pressing the “Place Order” button to submit the order. By clicking “Place Order”, you agree that your order will be subject to these Terms and the Site Policies.
You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy merchandise from us. All orders are subject to merchandise availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail confirmation when the merchandise is shipped (the “Shipment Confirmation”).
No contract in respect of the purchase of merchandise offered on the Sites shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation.
12. PRICE AND PAYMENT
The price of the merchandise shall be as quoted from time to time on the Sites. While we take care to ensure that all prices and terms quoted on the Sites are accurate, errors may occur and prices may change without notice. If we discover an error in the price or any other terms of any merchandise you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or the appropriate terms or cancelling the order. If we are unable to contact you within 10 days, the order will be deemed to be cancelled. We reserve the right to cancel, terminate or not to process orders (including accepted orders) where the price or other material information in the Sites is inaccurate.
All prices listed on the Sites are in the currency that corresponds to your browsing preference on the Sites (i.e., prices are quoted in Canadian dollars if you are browsing on the Canadian version of the Sites and in United States dollars if you are browsing on the United States version of the Sites) and are exclusive of shipping charges and applicable taxes. If you place an order from Canada, applicable taxes are charged according to the shipping address of your order as provided by applicable law. If you place an order from the United States, you are responsible for self-assessing the applicable taxes and remitting the amount of such taxes to the relevant authorities.
For payment methods and related information, please refer to Payment Methods.
13. SHIPPING AND DELIVERY
For shipping and delivery information, please refer to Shipping.
14. TITLE AND RISK
Title and risk in respect of the merchandise will be transferred to you upon delivery.
15. MERCHANDISE RETURNS AND EXCHANGES
Our Merchandise Return and Exchange Policy for purchases through our Sites can be found under our Return & Exchange Policy.
16. GIFT CARDS
The purchase and use of LUXE NAILS gift cards (“Gift Cards”) entails the acceptance of these provisions. LUXE NAILS may modify these provisions without notice.
Each Gift Card is the property of LUXE NAILS. Gift Cards cannot be purchased using another Gift Card. When applicable, and subject to the foregoing, Gift Cards can be purchased (i) at any LUXE NAILS Store by using any of the means of payment accepted at LUXE NAILS Stores, (ii) online through the Sites by using any of the means of payment accepted thereon, or (iii) at any other outlet or website authorized to advertise, market, distribute and sell Gift Cards by using any of the means of payment accepted thereat.
GIFT CARDS ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES. The initial value of a Gift Card and any remaining balance thereon belongs to the holder of the Gift Card. Gift Cards should be treated like cash. LUXE NAILS is not responsible for loss, theft or unauthorized use of Gift Cards. Gift Cards fraudulently obtained or used will not be honoured and will be cancelled.
Gift Cards will be available in the form of physical Gift Cards offered for sale at LUXE NAILS retail stores (“LUXE NAILS Stores”) and at retail points of sale operated by other authorized vendors. Virtual Gift Cards will also be made available and offered for sale on the Sites.
Gift Cards can be used to purchase any merchandise or service for sale in any (future) LUXE NAILS Store or on the Sites.
A Gift Card cannot be used at LUXE NAILS Stores in any country other than the country in which it is bought or for purchases on websites other than the one for that country. Gift Cards can be used as often as the holder would like, until the outstanding balance reaches zero. Where the purchase price of merchandise or services is in excess of the outstanding balance on the Gift Card, the difference may be paid through any payment means accepted by LUXE NAILS. The remaining balance on a Gift Card may be verified at any (future) LUXE NAILS Store or on www.LuxeNailsTO.com. No outstanding balance on a Gift Card is redeemable for cash, except where required by law and, in such event, only at a LUXE NAILS Store.
Merchandise or services purchased with a Gift Card shall be subject to the same exchange and return policies as are applicable to merchandise or services purchased at (future) LUXE NAILS Stores or through the Sites using other methods of payment.
Where a virtual Gift Card is purchased through the Sites, LUXE NAILS shall not be responsible for the non-receipt or the delay in receiving such Gift Card by its intended recipient for reasons beyond LUXE NAILS' control.
17. LINKS TO THIRD PARTY WEB SITES
The Sites may provide hyperlinks to third party websites ("Third Party Websites") only for the convenience of its users. LUXE NAILS does not operate, control, endorse or guarantee any Third Party Websites and makes no warranties of any kind regarding Third Party Websites including, without limitation, with regard to the accuracy, availability, suitability or safety of information provided thereon. By providing hyperlinks to Third Party Websites, LUXE NAILS does not recommend that its users access such Third Party Websites. When you access any Third Party Website through a hyperlink posted on the Sites, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our Terms and Site Policies do not apply to any Third Party Website and we do not endorse, warrant or guarantee any merchandise or services offered or provided by or on behalf of Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND BY LUXE NAILS. UNDER NO CIRCUMSTANCES WILL LUXE NAILS or any of its affiliates BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY OR THROUGH ANY THIRD PARTY WEBSITE.
18. LIABILITY AND DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE THE PROVINCE OF ONTARIO, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITES, WHICH ARE PROVIDED “AS IS.” ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITES OR ON ANY THIRD PARTY WEBSITES, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY. WE DO NOT WARRANT THAT THE SITES OR THEIR FUNCTIONING OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
IN NO EVENT SHALL LUXE NAILS, its affiliates, OR their respective content OR service providers OR the directors, officers, employees OR agents of each of the foregoing, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR CONTRACTUALLY OR EXTRA-CONTRACTUALLY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SITES OR THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OF ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LUXE NAILS OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT LUXE NAILS IS FOUND LIABLE IN RESPECT OF ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH (I) ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITES OR ITS CONTENT, LUXE NAILS’ LIABILITY SHALL NOT EXCEED CAD $250; OR (II) any product SOLD through the Sites, LUXE NAILS' LIABILITY SHALL BE strictly limited to the SALE price of that product.
LUXE NAILS and its affiliates shall not be liable for any use of the Sites and its content made by you in violation of any applicable laws or these Terms or the Site Policies including, without limitation, in connection with any Posted Content you disclose, submit or offer to LUXE NAILS.
You will be solely responsible, and agree to defend, indemnify and save and hold harmless LUXE NAILS, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from, related to or in connection with your use of the Sites and their content, your violation of these Terms or any of the Site Policies, or the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
All notices given by you to us must be given by contacting us in writing at Contact Us. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
21. APPLE APP STORE ADDITIONAL LICENSE TERMS
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
- The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the App and content thereof is governed by these Terms.
- Not withstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPod touch that you own or control.
- You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
- Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
- Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defence, settlement and discharge of such intellectual property infringement claim.
- You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
- You may contact us in writing regarding any notices, questions, complaints or claims with respect to the App.
- Apple is a third party beneficiary to these Terms and may enforce these Terms against you.
22. GOOGLE PLAY ADDITIONAL LICENSE TERMS
If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
- You acknowledge that Google is not responsible for providing support services for the App.
23. BINDING NATURE; ASSIGNMENT
These Terms and the Site Policies are binding on you and us and on our respective heirs, representatives, successors and assigns and, as indicated herein, are for the benefit of LUXE NAILS, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or the Site Policies without our specific prior written consent, which we may withhold in our sole discretion. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and the Site Policies at any time.
24. NO WAIVER
No failure of LUXE NAILS to enforce any of its rights or remedies under these Terms or any of the Site Policies will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or any of the Site Policies shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of Section 19 (Notices).
If any of these Terms, any provisions of the Site Policies, or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them (including, without limitation, the Site Policies, Order Confirmations and Shipping Confirmations), represent the entire agreement between you and us in relation to the subject matter of these Terms or any such document referred to herein, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms and any such document referred to herein, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms or any such document referred to herein, except as expressly stated in these Terms or any such document referred to herein.
27. LAW AND JURISDICTION
Subject to applicable law, any disputes arising out of or relating to these Terms, the Site Policies, use of the Sites, the merchandise sold on the Sites, and the services offered through the Sites shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflicts of law rules. Subject to applicable law, any such disputes must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
A division of Elite Beauty, Inc.