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TERMS & CONDITIONS

 

Welcome to iBeauty.com.

 

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between us. This website is owned and operated by Nature Incredible Inc with an address of 3422 Old Capitol Trail #569 Wilmington, Delaware – 19806 (USA)

(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)”).

 

Please read these Terms carefully, as these, along with our Cookie Policy and Privacy Policy statement forms the entire agreement between you and iBeauty.com. If you do not accept these Terms in its entirety, then you may not use the Site or make purchases on it.

 

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.

 

Additionally, how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Cookie Policy and Privacy Policy statement.

 

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:

 

2.  ACCOUNT REGISTRATION, PASSWORD AND SECURITY

 

3. USE OF THE SITE AND PRODUCTS

    i. Allowed uses:

 

    ii. Restricted uses:

 

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

While using our services, you may provide us with certain medical information that may be protected under applicable laws. Please note, iBeauty.com is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (hereinafter collectively referred to as “HIPAA”). One or more of the Pharmacies or Providers may or may not be a “covered entity” or “business associate” under HIPAA, and iBeauty.com may in some cases be a “business associate” of the Pharmacy or Provider, as the case may be. To the extent iBeauty.com is deemed a “business associate” however, and solely in its role as a business associate, iBeauty.com, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Pharmacies or Providers or us (hereinafter referred to as “PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws will be used and disclosed only in accordance with such applicable laws. Protected Information does not include information that has been de-identified in accordance with HIPAA. In order to see what personal information we collect and how we use or store or share such information, please refer to the detailed Privacy Policy statement posted on our website.

 

9. LINKS TO THIRD-PARTY SITES

The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options, and with independent third parties to provide you with free telehealth consultations. Such third-party links are not under the control of iBeauty.com, and iBeauty.com is not responsible for any third-party links. iBeauty.com provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or consultation or advice. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information or wrong prescription, iBeauty.com shall not be responsible.

 

10. ORDERS, PAYMENTS, SUBSCRIPTIONS, AND TAXES

 

11. RETURN AND EXCHANGE

 

12. SHIPMENT

    1. 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.
    2. No Change: You cannot change the shipping address or the shipping method selected after checkout.

 

    1. 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.
    2. Refusal by you/receiver: If you/receiver refuse receipt of your package, the package will be returned to us.

 

 

 

 

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

 

16. LIMITATION OF LIABILITY

 

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.

 

  1. INDEMNITY
    • 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

 

20. NOTICES

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 help@ibeauty.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 help@ibeauty.com with your “opt-out” request.

 

21. DMCA

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 complaint@ibeauty.com.

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:

 

There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

 

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

You could be liable for the punishment for perjury or such other legal recourse if you make false claim alleging copyright infringement.

 

22. MISCELLANEOUS

23. FEEDBACK AND INFORMATION

We welcome your questions or comments regarding the Terms. You can write to us via email: help@ibeauty.com.

 

Last updated on February 09, 2023.