Terms & Conditions
Welcome to ViBeauti Bar Inc
This website is operated by ViBeauti Bar. Throughout the site, the terms “ViBeauti Bar”, “we”, “us” and “our” refer to ViBeauti Bar. Please take the time to read the terms and conditions “Terms and Conditions” set out below which are applicable to the use and enjoyment of this website, our services and our store.
By browsing this website or by signing up as a member, you agree to be bound by the Terms and Conditions set out below as amended from time to time. By accessing this site, you acknowledge the notices and agree to the Terms and Conditions set out below. Any modifications to these Terms and Conditions will be posted on the website.
Your continued use of the site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the website. For this reason, you should frequently review these Terms and Conditions and any other applicable policies, including their dates, to understand the Terms and Conditions that apply to your use of the website.
ViBeauti Bar enjoys interacting with you via Instagram and Facebook. These Terms and Conditions govern how ViBeauti Bar will interact with you on social media sites.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or an order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that order its assent to any such term.
We reserve the right to refuse service to anyone for any reason at any time, in our sole discretion. All orders placed by customers shall be subject to acceptance by ViBeauti Bar. Placement of an order by a customer or receipt of an order confirmation for either from ViBeauti Bar. does not constitute acceptance by ViBeauti Bar. Acceptance by ViBeauti Bar occurs when ViBeauti Bar. issues a confirmation of delivery to you.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. T he headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Review and Change of Terms & Conditions
These Terms and Conditions are subject to change from time to time without notice. Use of the website will be governed by the Terms and Conditions in force upon the date of that transaction.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. ViBeauti Bar reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
Our general policy is not to delete your comments on ViBeauti Bar’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or ViBeauti Bar personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off-topic.
While we support lively, open discussion, we reserve the right to block any users who don’t comply with our rules, or who are otherwise deemed to be behaving inappropriately.
You can only create a member account with ViBeauti Bar if you are the age of majority in your state or province of residence, or that you are over the age of majority in your state or province and have give your consent to ally any of your minor dependents to use this website.
Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information are fully responsible for all conduct carried out under this password and profile. ViBeauti Bar is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security requirements. ViBeauti Bar requests that you promptly report to it any unauthorized use of your password.
By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Interference with the website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Shipping & Returns
See ViBeauti Bar’s Shipping & Return Policy for details.
Errors/Order Correction or Cancellation
We aim to provide you with the most up-to-date accurate information about our products. We strive to ensure that the details and images of the featured items are as accurate as possible, but occasionally, there may be information communicated to you, on our website or communications via our social media sites, promotions and/or newsletters that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 communicated to you, is inaccurate at any time without prior notice (including after you have submitted your order).
ViBeauti Bar Offers and Promotional Activities
In addition to the Terms and Conditions of this website, certain ViBeauti Bar offers on products, contests, surveys and other promotional activities may be governed by specific terms and conditions that are separate from these Terms and Conditions. By purchasing such products or participating in any such promotional activities, you will become subject to those specific terms and conditions, which may vary from the Terms and Conditions set forth herein. To the extent, the specific terms and conditions of a promotional activity conflict with these Terms & Conditions, these Terms and Conditions shall prevail.
Third-Party Links and Services
The website may contain links to other websites that are not under the control of ViBeauti Bar. ViBeauti Bar is not responsible for the linked website nor does linking constitute an endorsement of any links. Links are provided solely for the convenience and information of the website’ users.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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 more timely sources of information. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
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 services will be corrected.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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.
Modifications to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Certain products or services may be available exclusively online through the website.
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 may exercise this right on a case-by-case basis.
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. Any offer for any product or service made on this site is void where prohibited.
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 or 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly 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.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All content on this website, including without limitation text, icons and graphics are the property of ViBeauti Bar Inc or its suppliers and are protected by Canadian and international intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights. All rights are reserved.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
ALL PRODUCTS/SERVICES SOLD BY VIBEAUTI BAR, AND ALL CONTENT, MATERIAL, INFORMATION, OR POSTINGS FOUND ON OR ACCESSED THROUGH VIBEAUTIBAR.COM ARE ON AN “AS IS” BASIS. VIBEAUTI BAR MAKES NO REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO VIBEAUTI BAR OR VIBEAUTIBAR.COM.
NEITHER VIBEAUTI BAR, VIBEAUTIBAR.COM NOR ITS AFFILIATES AND RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT OR INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
VIBEAUTI BAR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF ANY INFORMATION POSTED OR AVAILABLE THROUGH VIBEAUTIBAR.COM REGARDING PRODUCTS. ALL INFORMATION HAS BEEN PROVIDED AND APPROVED BY OUR SUPPLIER AND PRODUCT MANUFACTURERS. VIBEAUTI BAR IS NOT RESPONSIBLE AND SHALL
NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTION OR DECISION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED ON THIS WEBSITE.
Nothing in these Terms and Conditions affects your statutory rights under Canadian law.
You agree to indemnify, defend and hold harmless ViBeauti Bar, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of and access to the products and services.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to services constitutes the entire agreement and understanding between you and us and govern your use of the website and services, 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as ViBeauti Bar may determine in any and all actions, disputes, or controversies relating hereto.
If a portion of these Terms and Conditions is unenforceable, the remaining provisions continue in full force. ViBeauti Bar’s failure to enforce strict performance of any provision of the Terms and Conditions does not mean ViBeauti Bar has waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Terms and Conditions.
ViBeauti Bar may assign its rights and obligations under the Terms and Conditions. These Terms and Conditions will inure to the benefit of ViBeauti Bar’s successors, assigns and licensees.
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Questions about the Terms and Conditions should be sent to us at info@ViBeautiBar.com
Effective Date May 14, 2020