TERMS & CONDITIONS
Welcome to iBeauty.com.
(hereinafter referred to the “Company” or “iBeauty.com” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of https://ibeauty.com/ (hereinafter referred to as the “Website” or “Site”).
Please note, we offer both, prescription as well as non-prescription products through our website. Therefore, for prescription products, you will require consultation with a health counselor. Please note, the consultation services via telehealth to you will be offered by independent medical professionals (hereinafter referred to as the “Provider(s)” or “Healthcare Provider(s)”).
iBeauty.com offers both prescription and non-prescription products. To order prescription products, you will need to answer some questions, and a Healthcare Provider will review the information you provide and approve or disapprove the order. If an order is approved, your products will be shipped to you (hereinafter referred to as the “Product(s)”).
THESE TERMS & CONDITIONS INCLUDES A BINDING ARBITRATION PROVISION (SECTION 19) ON AN INDIVIDUAL BASIS TO RESOLVE THE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THIS CAREFULLY.
1. ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using our website in any way, or by booking a Provider’s consultation, or by placing an order for any of our Products, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
- You are of sound mind, at least 18 (eighteen) years in age (or of such age of majority as prescribed by the applicable law prevailing in your jurisdiction), and otherwise competent to form a binding contract with us. In case you are under the age of 18 years, but above the age of 13 years, then you must have the permission of your lawful guardian to access and make purchases on the website. Children under 13 (thirteen) years are prohibited from using the website even if a parent or legal guardian would be willing to provide consent on their behalf.
- We must not have previously disabled your account for violation of law or any of our policies or for misuse of any of our products or website.
- IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. Read our Disclaimer statement posted on the website for more information.
2. ACCOUNT REGISTRATION, PASSWORD AND SECURITY
- Account: To access various parts of the website, and to avail various Services, you are required to register and create an account with us. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
- Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
- No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person, or from sharing the login credentials of your account or sharing the access of the content with any third party, without our prior written consent.
3. USE OF THE SITE AND PRODUCTS
i. Allowed uses:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while placing an order for our Products.
- Telehealth Consent: Telehealth involves the delivery of health care services using electronic communications between a healthcare provider professional and a patient who are not in the same physical location. Please note that while telehealth may offer certain benefits, there are also potential downsides and risks associated with its use. TELEHEALTH SERVICES ARE NOT A SUBSTITUTE FOR IN-PERSON CARE IN ALL CASES. In order to use the service, you will be required to review and agree to an informed consent regarding the use of telehealth that will be provided to you before you are able to use the telehealth service. In case you disagree or want to withdraw your consent to such form, you can do so by writing to us at firstname.lastname@example.org. You hereby agree that iBeauty.com is a third-party beneficiary of the above-mentioned consent form, and has the right to enforce it against you.
- Copies: You (or cardholder) must retain a copy of transaction records and our legal policies and rules.
- Material: For the purposes of these Terms, “material” shall mean any text, video, design, photo, sound material, or product listed on the website, whether a copyright of iBeauty.com, its licensors, pharmacies, or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- Device, Network, and Hardware: You are solely responsible for maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities to enable use of our services, including but not limited to, a computer or mobile device with a video camera and a consistent internet access. You are solely responsible for any fees associated with the use of internet connection, etc.
ii. Restricted uses:
- You must not use our Products or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes or post.
- You can’t impersonate others or provide inaccurate information.
- You can’t upload or transmit any message, information, data, text, or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity.
- You cannot use our Site or purchase our Products for the purpose of resale without our consent.
- You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
- You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Products only as permitted by law and as per the directions provided by us.
- You must not:
- republish material from this website;
- sell, rent or sub-license material from the website;
- show any material from the website in public without our consent;
- edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
- redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
- We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
4. CONSULTATION AND PRESCRIPTIONS
Please note, we offer both, prescription as well as non-prescription products through our website. Therefore, for prescription products, you will require consultation with a health counselor. Please note, the consultation services via telehealth to you will be offered by physicians, physician assistants, or nurse practitioners, (hereinafter collectively referred to as the “Providers”). In such cases, you will not be able to obtain or order a prescription product unless you have completed a consultation with one of the Providers, and such Provider has approved such product for you. Please note, these Providers are independent third party, and are not the employees of iBeauty.com, and iBeauty.com is not responsible for any consultation or prescription provided by any of these Providers. All prescription products are shipped by compounding pharmacies (hereinafter referred to as the “Prescription Products”). iBeauty.com has a commercial relationship with ##### rx. iBeauty.com also has a financial relationship with the entity that employs or contracts with the Provider. Please note, while taking the consultation from the Providers or by placing an order for any of the Prescription Products or Non-Prescription Products, you are not establishing a doctor-patient or other health care provider-patient relationship with iBeauty.com.
5. LABORATORY TESTS
Certain healthcare services provided to you by the Providers via the Service may require that you complete an at-home diagnostic test. Please note, iBeauty.com does not provide any of the diagnostic tests directly. These diagnostic tests are provided by third-party laboratories, and neither iBeauty.com, its owners, directors, officers, affiliates, and its subsidiaries (collectively, “iBeauty.com”), nor any of the Provider(s) can guarantee the accuracy or reliability or completeness of these tests. You should be aware that these laboratory tests are not 100% accurate, and can provide false negative, false positive, or inconclusive results that could impact the Provider’s ability to correctly diagnose or treat your medical conditions. While using the Services, and taking such diagnostic tests, you hereby acknowledge that you are aware of all these risks.
6. OWNERSHIP RIGHTS
This website, domain (https://ibeauty.com/), all of our Products, logos, content, designs, trademarks, trade dress, trade name, shall remain the sole property of the iBeauty.com or its licensors/distributors (as the case may be). Your use of or access to this website or consultation or purchase of the Products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, Products, any content published by us or our licensors or third parties. This website, Products, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules and regulations. Trademarks, trade names and designs appearing on this website and our Products are the exclusive property of, or are licensed to the iBeauty.com and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or Product may be made without the prior written permission of iBeauty.com.
7. YOUR ACKNOWLEDGEMENT
iBeauty.com places high importance on preserving the privacy and security of your health and other confidential information. When using the website, you acknowledge that transmitting information over the internet and mobile networks is never completely secure or private. You understand that any messages or information you send to iBeauty.com and/or the website could be read or intercepted by others, even if the transmission is labeled as encrypted. Unencrypted text messages and emails that you send to or receive from Happy Head may be intercepted by third parties. If you choose to send or receive sensitive information, such as your health information, via text message or email, you do so at your own risk. By enrolling in SMS, you give your consent to sending and/or receiving unencrypted text messages between you and iBeauty.com. Similarly, by emailing iBeauty.com or providing your email, you consent to receiving unencrypted emails from iBeauty.com.
8. PERSONAL INFORMATION AND PROTECTED HEALTH INFORMATION
9. LINKS TO THIRD-PARTY SITES
10. ORDERS, PAYMENTS, SUBSCRIPTIONS, AND TAXES
- All prices are shown in United States Dollar (USD). All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable). You represent and warrant that you are authorized to use your designated payment method. If you wish to change or update your payment method, you can do so at any time by logging into your account.
- Results are achieved over time. You can also book a monthly, bimonthly, or trimonthly subscription of our products. Monthly subscriptions are shipped to you every 25 (twenty-five) days to ensure that you receive another month’s supply of product on time and before you run out. Bimonthly subscriptions are shipped to you every one month plus 25 (twenty-five) days. Trimonthly subscriptions are shipped to you every two months plus 25 (twenty-five) days. All subscriptions renew automatically.
- Please note, the amount billed may vary due to promotional offers, preferences you select, changes you make to your subscription, or changes in applicable taxes or other charges, and you hereby authorize us (or our third-party payment service providers) to charge your payment method for the corresponding amount.
- You may pause or cancel your subscriptions at any time, but at least 3 (three) days prior to your next billing date. The pause or cancellation (as the case may be) will take effect at the end of the current subscription period. No refunds are granted for partially used subscription periods. If you are facing any issues in cancelling or have any questions, please reach out to us at email@example.com.
- If a payment is not successfully settled and you do not update your payment method or cancel your subscription, you remain responsible for any uncollected amounts and, with respect to your subscription, you hereby authorize us to continue billing the payment method, as and when it may be updated.
- We reserve the right to modify the prices of our products, or discontinue certain Products at any time at our sole discretion without any prior notice.
11. RETURN AND EXCHANGE
- No Return: Please note, all purchases of prescription, as well as non-prescription products made on our website are final as the treatments dispensed for you cannot be used for another patient. Therefore, the products or medicines purchased on our website cannot be returned. However, you can place a request for exchange of non-prescription products in case they are damaged or defective at the time that you have received them.
- Exchange: In case you have received a damaged or defective item, please send us an email at firstname.lastname@example.org, and we will arrange for a replacement product. All exchange requests must be placed within a period of seven (7) days from the date of delivery of your product. You are responsible for the return shipment. Please get into touch with us on how and where to ship the returns. This exchange policy is only applicable to non-prescription products placed on our website. The returns or exchange of prescription medication is subject to the policy of the dispensing pharmacy.
- Condition of Returned Orders: The products in the order that you wish to return for the exchange must be unused, have no signs of damage, and returned in the original condition in which it was shipped, including but not limited to the packaging box and any original tags attached. Breach of this section will lead to rejection of the exchange request.
- Delivery of Exchanged Product: The delivery time will vary from location to location.
- Delivery Service: We ship to all the 50 States in the US. We use the services of FedEx and USPS for fulfillment of all the non-prescription products orders placed on the website by our customers. Orders of prescription products are fulfilled by independent third-party pharmacies.
- Processing and Delivery Time: Although the products are generally dispatched within a period of 3 (three) working days, it may sometimes take more time for the orders to dispatch if Pharmacies take more time to prepare the medicines, or in cases where consultation takes longer, and delivery time will vary from location to location.
- Important Note: The delivery time is subject to change based on industrial or business disruption, shortage of an item, bad weather, transit time of your carrier, destination address, or covid related restrictions etc. Processing and shipping times may increase during holidays and other peak seasons.
- Fee: Presently, we don’t charge any shipment fee on your orders. However, we reserve the right to introduce a shipment fee at any time at our sole discretion without any prior notice. When this happens, you’d be able to see the shipping cost at the time of checkout.
- No Change: You cannot change the shipping address or the shipping method selected after checkout.
- Orders, Shipment, Failed Delivery, And Damaged/Opened Box
- Not for Commercial Purpose: You cannot buy our products for a commercial purpose, unless allowed by us. No use of our intellectual property may be made without our express written consent.
- Assumption of Risk: You will assume the risk for the products once they have been delivered to the delivery address which you specified. We or our delivery partners accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
- Failed Delivery: If your package cannot be delivered to the shipping address provided by you for the reasons such as an incorrect shipping address and/or incorrect phone number, the package will be returned to us at your expense.
- If you fail to pick-up: If the receiver is absent upon all delivery attempts, your package will be held at a local centre of one of our third-party logistic service providers for pick up. If you fail to pick up the package from there for any reason, the package will be returned to us.
- Refusal by you/receiver: If you/receiver refuse receipt of your package, the package will be returned to us.
- Checking Order Status: As soon as your order is shipped, you will receive an email notification from us which will include a tracking number that you can use to continually check its status. Please allow us up to 48 hours for the tracking information to become available. If you haven’t received your order within the period communicated to you in your shipping confirmation email, please contact us at email@example.com with your name and order number, and we will look into it for you.
- Reservation of Right: We reserve the right to cancel any order from our end if the product that you ordered runs out of stock, or becomes unavailable for any reason. In such case, we will refund you all the amounts that you’ve paid for such product. You shall not be entitled to any other compensation in such case.
13. YOUR RELATIONSHIP WITH IBEAUTY.COM
Please note, we only make available certain products and services sold or offered by iBeauty.com or by third-party medical providers, pharmacies, or other vendors through our platform. We provide access to prescription fulfillment services offered by independent third-party pharmacies (hereinafter referred to as the “Pharmacies”). By using our website, platform, booking consultations, and ordering products on our website, you acknowledge and agree that we are not responsible for any services or products you receive from the Pharmacies and Providers through our platform. All liabilities and responsibilities with this respect lies with the respective Provider and/or Pharmacy. You hereby acknowledge and agree that iBeauty.com is not a healthcare provider and that by using our services, you are not entering into a doctor-patient or other health care provider-patient relationship with iBeauty.com. You undertake that you will not hold iBeauty.com, or any of its owners, directors, associates, partners, or employees liable for any loss, injury, or claims of any kind resulting from your failure to comply with any treatment recommendations or instructions from the Provider.
14. PRICING DISCLAIMER
We endeavour to provide accurate and up-to-date pricing information with respect to the products listed on the Site. We cannot, however, warrant against pricing errors. iBeauty.com reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of any error. If this occurs, we will notify you by email or other written communication. Besides this, iBeauty.com reserves the right, at its sole discretion, to correct any error in the stated retail price of the concerned product. We may also update the prices of our products, from time to time, at our sole discretion.
15. LEGAL DISCLAIMER
- We are not a medical service provider. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE (INCLUDING TELEHEALTH CONSULTATION) IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. If you require a medical attention or professional advice, we would suggest you to seek such medical aid, or contact the relevant professional for the same. Nothing contained on this website is intended to be used as professional or medical substitution. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product or supplement. You must seek medical advice from a professional if you are experiencing any health issues.
- Telehealth involves the delivery of health care services using electronic communications between a healthcare provider or mental health professional and a patient who are not in the same physical location. Please note that while telehealth may offer certain benefits, there are also potential downsides and risks associated with its use. TELEHEALTH SERVICES ARE NOT A SUBSTITUTE FOR IN-PERSON CARE IN ALL CASES. In order to use the service, you will be required to review and agree to an informed consent regarding the use of telehealth that will be provided to you before you are able to avail the telehealth service. In case you disagree or want to withdraw your consent to such form, you can do so by writing to us at firstname.lastname@example.org. You hereby agree that iBeauty.com is a third-party beneficiary of the above-mentioned consent form, and has the right to enforce it against you.
- You hereby acknowledge and agree that iBeauty.com is not liable for any information provided by Providers. iBeauty.com does not offer any medical services. Instead, it provides a technology platform to facilitate communication and coordination with Providers. By communicating and/or consulting with a Provider, you hereby understand that you are not forming a doctor-patient relationship with iBeauty.com or its providers as defined by US federal and state laws. Consultations with such Providers do not replace your relationship with your physician.
- The testimonials present on our website or social media channels are unverified results that have been forwarded to us by some of our clients and are not a guarantee or warranty of any specific goals or results. Individual results always vary.
- The hair loss treatments provided by iBeauty.com, such as drugs, medications, and compounded formulas, come with potential side effects that all patients should be aware of before beginning treatment. According to clinical research, topical Finasteride has a lower likelihood of causing side effects, but side effects may still occur. None of the compounded prescriptions, including topical Finasteride, Spironolactone, Dutasteride, Minoxidil, Retinoic Acid, Hydrocortisone, etc., have been approved by the FDA. Oral Dutasteride, an FDA-approved medication used to treat an enlarged prostate, is used off-label to treat male pattern hair loss. The side effects can include, but are not limited to, those listed in the materials and emails provided with your order. If you do not see them listed, please contact iBeauty.com promptly so that the company can send them to you again.
- The site and our products, are provided on an “as-is” and “as available” YOU UNDERSTAND THAT YOU MUST PATCH TEST A SMALL PORTION OF ALL OF OUR SKIN PRODUCTS ON YOUR HAND FIRST AND WAIT TO SEE IF THE SAME IS CAUSING ANY SIGN OF ADVERSE REACTION, BEFORE APPLYING THE SAME ON YOUR FACE. iBeauty.com (and our licensors and affiliates) expressly disclaims any and all guarantees, warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, healthy gain, hair regrowth, hair fall control, medical substitution, positive effect on skin, face, hair, or general health, suitability, reliability, performance, safety, or fitness for a particular purpose of the website and any of its products. We make no warranty that the website or our products or prescription products offered by Pharmacies will meet your expectations, will provide you a desired look or feel, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, safe, or medically sound.
- The delivery time is subject to change based on industrial or business disruption, shortage of an item, bad weather, transit time of your carrier, destination address, or covid related restrictions etc. Processing and shipping times may increase during holidays and other peak seasons. We are not liable for any compensation for any delay caused in delivery of your order.
- Please make sure to discuss the risks and benefits of any treatment with your primary physician before beginning treatment. Under no circumstance will we be liable to you for any financial loss, costs of medical tests or treatments or expenditures, adverse effect on skin/face/hair/general health, illness, loss of health, loss of hair, medical issue, side effect, emotional distress, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to our products or prescription products provided by Pharmacies or medical advice or diagnosis or prescription provided by the Expert, even if we have been advised of the possibility of such damages.
16. LIMITATION OF LIABILITY
- To the maximum extent permitted by law, in no event shall our Company (or our owners, partners, licensors or affiliates) be liable to you or any third party for any damage, loss of health, loss of hair, skin damage, health loss, emotional distress, personal or bodily injury, costs of medical tests or treatments, adverse effects, costs of procurement of substitute consultation or products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or consultancy from the Providers, or your use of our Products, or relating to your inability to use or purchase from, the Site, even if iBeauty.com has been advised of the possibility of such damages. Access to, and use of, the Site, consultation, prescription, and products is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.
- To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit.
17. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of iBeauty.com, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
- You acknowledge to defend, indemnify and hold iBeauty.com, our owners, distributors, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Attorney’s fee, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right;
- Your wrongful or improper use of our consultation, products or Site;
- Your violation of any applicable laws, rules or regulations;
- Your violation of these Terms or any other policy of ours as associated with our services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our products.
19. GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: The Terms and any dispute arising from the same will be governed by the laws of State of Delaware (USA), except for its conflict of law principles.
- Dispute Resolution:
- Amicable Settlement: If in case, any controversy, conflict or dispute of any nature arises between customer and iBeauty.com, in connection with these Terms, or out of or relating to or in connection with the use of our website or services, the parties shall spend at least 30 (thirty) days to try and use all means to amicably resolve that dispute or conflict or controversy, with mutual discussions.
- Binding Arbitration: If, however, the attempt to settle such a dispute amicably fails, then such controversy, conflict or dispute between the customer and iBeauty.com, shall be referred for an expedited binding Arbitration to American Arbitration Association (AAA). The proceeding shall be headed over by a sole Arbitrator, to be solely appointed as per the commercial rules of AAA. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English, and the seat shall be at the New Castle County, Delaware (USA).
- Jurisdiction: In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, the parties hereby agree to submit to the personal jurisdiction of the appropriate Federal or State courts located within the New Castle County, Delaware (USA).
- For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
- Injunctive Relief: Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New Castle County, Delaware, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
- Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and iBeauty.com are instead electing that all claims and disputes arising out of or in relation to this Agreement shall be resolved by arbitration as mentioned in these Terms.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the appropriate Federal or State courts located within the New Castle County, Delaware (USA). All other claims shall be arbitrated.
- Survival: The Arbitration Agreement mentioned in these Terms will survive the termination of your relationship with iBeauty.com.
When you use the website or send emails to iBeauty.com, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. iBeauty.com will communicate with you by post or by email or phone (via call or text) or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or to your phone number (via call or text), and/or by posting it to your address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to email@example.com. Please note, consent to receive transactional text messages is not a condition of purchasing any of our goods and services, and you are free to opt-out at any time of transactional text messages. If you would like to stop receiving transactional text messages, you may write to us at firstname.lastname@example.org with your “opt-out” request.
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material or products or content that you believe to be residing on our website (https://ibeauty.com/) should be promptly sent in the form of written notice to email@example.com.
- Filing a DMCA Notice:
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient for us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).
- Repeat Infringer Policy:
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.
- False Claim:
You could be liable for the punishment for perjury or such other legal recourse if you make false claim alleging copyright infringement.
- Feedback Rights: To the extent that you provide iBeauty.com with any comments, suggestions or other feedback regarding iBeauty.com platform or Site, as well as other iBeauty.com services (collective, the “Feedback”), you will be deemed to have granted iBeauty.com an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. iBeauty.com is under no obligation to implement any Feedback it may receive from users.
- Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
- Cooperation with Law Enforcement: iBeauty.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
- Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
- No Partnership: Neither these Terms, or any of our services create any partnership, joint venture, employment, or other agency relationship between you and iBeauty.com, the Providers and Pharmacies.
- Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend or terminate your access to our website and services at our sole discretion.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
- No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of iBeauty.com, which may be withheld at iBeauty.com’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
- Force Majeure: iBeauty.com, Providers, pharmacies, and third-party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, industrial disruption, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Products after any amendments to the Terms shall constitute your acceptance to such amendments.
23. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: firstname.lastname@example.org.
Last updated on February 09, 2023.