Terms Of Service

 

Welcome to Chic Beauty Box! Chic Beauty Box, Inc. (“Company”, “We”, “Us”) is the operator of the website located at www.chicbeautybox.com (the “Website”). Please read these terms and conditions carefully before subscribing or ordering any products from our website. The following terms and conditions apply to your access to the website including any content, subscriptions, and services offered. These are legal terms and conditions under which we supply the products (“Products”) and subscription services listed on our website. Using our website as a guest or a registered user indicates that you accept these terms and conditions, you are not authorized to use the website if you are not in agreement with this contract.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE WEBSITE, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

 

Agreement to these Terms also constitutes your agreement to the “Privacy Policy”.



Use Of The Website

 

You may have access to the Website only for your own noncommercial personal use and in compliance with these Terms. By using the Website, you represent and warrant that you agree to be bound by Canadian laws.

 

We grant you a personal, non-exclusive license to access and use the Website. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website. We can change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website to restrict your access to part, or all, of the Website without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of Chic Beauty Box. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of Chic Beauty Box. You may not modify, publish, transmit, participate in the transfer of, sell,



create derivative works from, or in any way exploit any of the content found on the website. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Website and specifically prohibit any use of the Website, for any of the following purposes:

 

 

You are not permitted to use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempt to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Website within another website. You may not resell use of, or access to, the Website to any third party without the prior written consent of Chic Beauty Box.

 

Changes of the Site

 

We may update the content on the Website from time to time. Chic Beauty Box reserves the right to revise these Terms at any time by updating this document; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You are encouraged to review these Terms each time you use the Website and prior to purchasing any product or service that are available through this Website. Your continued use of the Website after the posting of changes will constitute your acceptance of and agreement with such changes.

 

Site and App Not for Minors

 

The Website is available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Chic Beauty Box for any reason. You must be 18 years old in order to make a purchase on our Website. If you are under 18 years old, then you may not make a purchase on our Website. We reserve the right to revoke your ability to access the products and services offered on the Website for any reason at any time, including as a result of a violation of these Terms or the Privacy Policy, without notice.

 

Fraud Protection

 

As part of our order processing procedures, we screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

Transactions

 

If you wish to purchase any product or service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Chic Beauty Box the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Chic Beauty Box reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

 

You agree that by placing an order on the Website, you are entering into a binding contract with Chic Beauty Box and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

The Subscription Contract Between You And Us

 

Chic Beauty Box may offer various subscription types: including rebillable monthly subscriptions (“Month-to-Month Rebillable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); rebillable subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Subscriptions With Commitment”).

 

AUTOMATIC RENEWAL TERMS

 

With respect of Chic Beauty Box, subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Chic Beauty Box may submit periodic charges (e.g., bi-monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Chic Beauty Box reasonably could act. Information on how to cancel is described below.

 

REBILLABLE SUBSCRIPTIONS

 

By purchasing a Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Chic Beauty Box after the expiration date of your payment card.

 

Automatic Renewal Terms

 

Your subscription will be automatically renewed for successive bi-monthly periods and your payment method will automatically be charged for each successive bi-monthly period at the then-current subscription rate until you cancel your Bi-Monthly Rebillable Subscription renewal.

 

Cancellation Policy For Rebillable Subscription Renewals

 

To cancel your Rebillable Subscription at any time, you may do so from your account or send us an email at hello@chicbeautybox.com and we will do it for you, If you cancel, you will not be rebilled during your next billing cycle.

 

PREPAID SUBSCRIPTIONS

 

By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Chic Beauty Box after the expiration date of your payment card.

 

Automatic Renewal Terms

 

At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six or twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.

 

Cancellation Policy For Prepaid Subscriptions Renewals

 

To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may, send us an email at hello@chicbeautybox.com and we will do it for you, If you cancel the

auto-renewal, your subscription will remain active until the end of your then-current subscription term.

 

SUBSCRIPTIONS WITH COMMITMENT

 

If You have a Prepaid Subscription, you will receive notice whether, Subscriptions With Commitment terms apply to You when your plan renews.

 

By purchasing a Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Chic Beauty Box after the expiration date of your payment card.

 

Automatic Subscriptions With Commitment Renewal Terms

 

Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.

 

Cancellation Policy for Subscriptions With Commitment Renewals

 

    • To cancel any subscription, you may do it from your account dashboard or contact us at hello@chicbeautybox.com to do it for you.
CHANGES TO THE PRICE AND TO CHIC BEAUTY BOX SUBSCRIPTIONS PLANS

 

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Chic Beauty Box Subscriptions Plans will take effect following notice to you.

 

 

 

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Website will be available.

 

 

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Chic Beauty Box or our licensors and are protected by Canada and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Website for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Chic Beauty Box and the Chic Beauty Box logo are registered trademarks. All of our Website's content is copyrighted by Chic Beauty Box, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved by Chic Beauty Box.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

 

Chic Beauty Box values your engagement. When contributing content, please remember the following guidelines:

 

By submitting or posting any materials or content on the Website, you grant Chic Beauty Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Chic Beauty Box the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Chic Beauty Box will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

    • All contributed content is subject to the Terms, which include our policy regarding copyright infringement.

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

 

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • Use obscenities, discriminatory language, or other language not suitable for a public forum;
    • Post advertisements, “spam” content, or references to other products, offers, or websites;
    • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
    • Post unduly critical or spiteful comments of other content posted on the page or its authors;
    • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
    • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.

 

Under no circumstances will Chic Beauty Box be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the

completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Website or endorse any opinions expressed therein.

 

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via hello@chicbeautybox.com.

 

 

 

You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, CHIC BEAUTY BOX DOES NOT WARRANT THAT:

(1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Chic Beauty Box makes no warranties of any kind regarding any non-chicbeautybox sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Chic Beauty Box makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-chicbeautybox sites. Chic Beauty Box does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.

CHIC BEAUTY BOX DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.



 

 

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Chic Beauty Box are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Chic Beauty Box. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

 

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

 

 

You agree to indemnify, hold harmless, and defend Chic Beauty Box, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Website, your violation of these Terms, defamatory or infringing content posted to the Website by you, or your violation of any law or the rights of a third party.

 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHIC BEAUTY BOX, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF



THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF CHIC BEAUTY BOX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CHIC BEAUTY BOX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO CHIC BEAUTY BOX IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

 

 

We control and operate the Website from Canada. We make no representation that materials on the Website are appropriate or available for use in all countries. If you choose to access this Website from outside Canada, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

 

 

Any merchandise purchased from our Website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

 

 

Chic Beauty Box specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Chic Beauty Box will process notices of alleged infringement that it receives and will take appropriate action as required.

 

 

The failure of Chic Beauty Box to partially or fully exercise any rights or the waiver of Chic Beauty Box of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Chic Beauty Box or be deemed a waiver by Chic Beauty Box of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Chic Beauty Box under these Terms and any other applicable agreement between you and Chic Beauty Box shall be cumulative, and the exercise of any such right or remedy shall not limit Chic Beauty Box’s right to exercise any other right or remedy.

 

 

All matters related to the Website, and these Terms shall be governed and constructed in accordance with the laws of Toronto, Ontario without regard to conflict of laws provisions.

 

 

Any dispute relating in any way to your visit to, or use of the Website, to the products you purchase through the Site (including a subscription), or to your relationship to Chic Beauty Box ("Claims") shall be exclusively submitted to confidential and binding arbitration in Toronto, Ontario including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any province or federal court in Toronto. The party filing arbitration must submit Claims to the Canadian Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the Canadian Arbitration Association in the same city as the Court closest to you then current residential address, or at some other place to which you and Chic Beauty Box agree in writing, and the arbitrator shall apply Toronto law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE

ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and

forms and instructions for initiating arbitration by contacting the Canadian Arbitration Association.

 

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the Canadian Arbitration Association. The arbitration will follow the procedures and rules of the Canadian Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are



inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND CHIC BEAUTY BOX HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

 

23. Your Feedback

 

This Website is operated by Chic Beauty Box Inc. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@chicbeautybox.com.