Terms & Conditions
OVERVIEW
This website is operated by Posh Lash Pro. Throughout this site, the terms “we”, “us” and “our” refer to Posh Lash Pro. Posh Lash Pro Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, and policies stated.
By visiting our site and/or purchasing product(s) or services (if applicable) from us, you engage in our “service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes.
Our store is hosted by SquareSpace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you agree that you are the age of majority in your state or province of residence.
By agreeing to these Terms of Services, you confirm that you abide by all regulations required by any specific state/province/country you reside in regarding providing lash extension services.
A breach or violation of any of the Terms will result in a termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time as allowed by law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by Posh Lash Pro Inc.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material listed on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product or Service without notice at any time.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We make every effort to display as accurately as possible the colours and images of our products that appear at our store. We cannot guarantee that your computer will display accurate colours.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You confirm that you abide by all regulations required by the province of Ontario, Canada, or the relevant province/state where you intend to provide lash extension services. Posh Lash Pro Inc is not responsible for any injury or damage caused by the use of any products you may purchase from us.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we place a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
You agree to provide accurate, current and complete purchase and account information for all purchases made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools. Please be aware that we neither monitor nor have any control nor input over these third-party tools.
You acknowledge and agree that we provide access to tools “as is” and “as available” without any warranties, representations or conditions of any kind without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - PERSONAL INFORMATION
Personal information includes your name, address, email address, demographic information, hobbies and activities, product preferences, and the like, which you voluntarily submit to us. We wish foremost to assure you that we do not sell or disclose information that identifies our customers to any third parties, unless we are required to do so by law.
The Site uses personal information to respond to specific inquiries and requests that you make to our Customer Service Department, provide you with service and support, and maintain the security and integrity of our systems. If you agree, we may use this
information to send you promotional materials, product samples, sale coupons, product literature, or new product information. When you make purchases from our Site, we may collect purchasing information such as product orders, shipping address(es), and credit card information. We use this information to open, maintain, administer, and service your account or membership, as well as to process, service, or enforce transactions you make through our Site.
We may disclose personal information for the following purposes: (1) to conform with the law, respond to claims, or comply with legal process served on Posh Lash Professional Inc. (e.g. a lawful subpoena, warrant or court order); (2) to enforce or apply our policies or agreements (including to initiate, render, bill, and collect for amounts owed to us); (3) to protect and defend our or our users’ rights or property, the Site, our employees, customers or the public, including fraudulent, abusive, or unlawful use of our Site; or (4) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
REMINDER: The Site will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want the Site to obtain any personally identifiable information about you, do not submit it.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Posh Lash Professional Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such locations or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Posh Lash Professional Inc., and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of Ontario.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@poshlashpro.com