Terms & Conditions

Last Modified: March 2016

In consideration for permitting your access to our website and online store and other good and valuable consideration, you agree as follows:

These terms and conditions (the “Terms”) form a legally binding agreement which govern your access to and use of the Janice Carol Cosmetics, (“we”, “us” or “our”) website (the “Website”) and our online store (the “Online Store”) hosted at http://www.janicecarolcos.com and related domains and sub-domains. Janice Carol Cosmetics is a business registered pursuant to the laws of Ontario, Canada.

THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.  REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE, ONLINE STORE OR PLACING AN ORDER.

BY USING OUR WEBSITE AND ONLINE STORE, WHETHER OR NOT YOU BECOME A REGISTERED USER, YOU, THE USER (HEREIN “YOU” OR “YOUR”), REPRESENT AND WARRANT THAT:

  1. YOU ARE OF THE AGE OF MAJORITY; AND
  2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.

IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND ONLINE STORE AND CONTACT US IMMEDIATELY.

IF YOU ARE USING THE WEBSITE AND/OR ONLINE STORE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS.  IN SUCH A CASE, “YOU” AND “YOUR” WILL ALSO REFER TO THAT ORGANIZATION AS WELL AS TO YOURSELF INDIVIDUALLY.

FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT WITH JANICE CAROL COSMETICS.

AMENDMENTS

AS OUR WEBSITE AND ONLINE STORE CONTINUE TO CHANGE WE MAY MODIFY THESE TERMS BY UPDATING THIS PAGE.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR ONLINE STORE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND ONLINE STORE AND TERMINATE YOUR ACCOUNT.  WE MAY ALSO SEND YOU AN ELECTRONIC NOTICE OF ANY SUCH AMENDMENTS.

Accounts

In order to purchase products from our Online Store, users are required to register for an account. As an account holder, you agree to our Acceptable Use Policy which is incorporated by reference herein and available at http://www.janicecarolcos.com/aup.

To establish an account, you are required to provide your full legal name, address, a valid email address and any other information reasonably requested by the Online Store to facilitate payment for products purchased and shipping.

We process information about you in accordance with our Privacy Policy, incorporated by reference herein and available at http://www.janicecarolcos.com/privacy. By using our Website and Online Store, you consent to such processing of your personal information and warrant that all information provided by you is accurate.

We use a third-party payment processor to process payments from (and to) you. The payment processor may have their own terms and conditions and privacy policies which apply to your payment transactions. You authorize the use of such payment providers and agree that we accept no responsibility or liability for their collection and storage of your payment details or personal information.

Account Security.  Upon setting up an account, you will be required to create a password.  You are responsible for safeguarding the password you use to access the Website and Online Store and you agree not to disclose your password to any third party.  You agree you are responsible for any activity on your account, whether or not you authorized that activity and to immediately notify us of any unauthorized use of your account.

Account Non-Transferable.  Access to your account is not transferrable and is only intended for the individual or entity that established the account.

Grant of License.  Upon establishing a user account with us, we hereby grant you a worldwide, non-transferable, non-exclusive license to access the Online Store via your account in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Online Store without cause or justification.

Additional Terms

Additional terms, including but not limited to pricing, tax, payment, shipping and return policies are specified on the Website and Online Store.  Those terms, as amended from time to time, are hereby incorporated by reference and form part of this agreement.

Prices are an Invitation to Treat

Prices listed on the Website and Online Store are subject to change without notice. Such prices shall be deemed to be an invitation to make an offer and are subject to acceptance by us.  Even in the event of an automated acceptance by the Online Store, you agree that we shall have the opportunity to review and accept such orders prior to delivery.

If any information or terms posted to the Website or Online Store concerning price, refunds or cancellations are posted in error, we reserve the right to amend those terms. Misprints, errors, omissions (including incorrect product specifications) or other errors may sometimes occur.

We do not warrant that the content of the Website or Online Store including, without limitation, product descriptions, images, reviews or other user content are accurate or complete.  As a result, we reserve the right to:

  • Remove any product from the Online Store;
  • Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
  • Change, at any time, the prices, fees, taxes, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
  • Reject, correct, cancel or terminate any order, including accepted orders for any reason.

Taxes

You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to these Terms or arising from products purchased on the Online Store.

Proprietary Rights Notices

Our Website and Online Store contain open source and public domain content, licenced content as well as proprietary content owned by third parties and us.  You are not permitted to copy, electronically scrape or distribute any content (including but not limited to text, images, videos or audio) on the Website or Online Store without our express consent.

All other contents of the Website and Online Store, including but not limited to computer code, is the property of Janice Carol Cosmetics and/or our independent content providers and licensors, with all rights reserved.

Linked Sites

Whether or not affiliated with sites that may be linked to our site, we are not responsible for their content (the “Linked Sites“). You access the Linked Sites at your own risk.  We and other users may also provide links and references to material on other websites not owned or operated by us.  Links found on our Website or Online Store are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites.  You access those links and corresponding websites at your own risk.

ACCEPTANCE OF RISK

IF YOU DEVELOP ANY UNUSUAL REACTION TO ANY OF OUR PRODUCTS PLEASE CONTACT YOUR FAMILY DOCTOR.

ASIDE FROM ANY WARRANTY EXPRESSLY PROVIDED ON THE ONLINE STORE, EVERYTHING ON OUR WEBSITE AND ONLINE STORE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

YOU AGREE THAT, WHILE WE STRIVE TO HAVE AN ERROR FREE AND UNINTERRUPTED ONLINE STORE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.

LIMITATION ON LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY (TORT, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, ONLINE STORE OR OUR PRODUCTS, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO RETURN THE PRODUCT(S) SUBJECT TO OUR RETURN POLICY AND DISCONTINUE ACCESSING AND USING THE WEBSITE AND ONLINE STORE.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE, ONLINE STORE OR PRODUCTS, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEEDING TWO (2) MONTHS.

YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND ONLINE STORE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR ONLINE STORE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM, AMONG OTHER THINGS (I) YOUR VIOLATION OF THESE TERMS; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY CLAIM THAT YOU CAUSED DAMAGE TO A THIRD PARTY OR OTHER USER.

Law of the Contract & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without giving effect to any principles of conflicts of law.  You agree that any action, application or dispute at law or in equity arising out of or relating to the Terms or any document incorporated by reference, will be filed only in the provincial or federal courts located in Toronto, Ontario, Canada and you hereby consent, submit and attorn to the jurisdiction of such courts for the purposes of litigating or resolving any such disputes.

Severability

If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.

Entire Agreement

This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Janice Carol Cosmetics

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings

To the extent permitted by law, you agree to hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.

Incorporation by Reference

All policies referred to in these Terms or anywhere on our Website or Online Store are hereby incorporated by reference, including but not limited to our Privacy Policy and Acceptable Use Policy.

Termination

We make no representation and cannot guarantee the continued and ongoing availability of our Website or Online Store.  Where practical to do so, we will take reasonable measures to inform you if our Website or Online Store are being discontinued.

Though we would much rather you stay, you can stop using our Online Store at any time.  We reserve the right to suspend your account or access to our Website or Online Store at any time, with or without cause, and with or without notice.

Your suspension or termination of your access to our Website or Online Store shall not terminate this agreement.  In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, indemnification, settling disputes (including the jurisdiction and choice of law) and the interpretation of these Terms, shall remain binding.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm, and therefore you agree that we will be entitled to seek extraordinary relief, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

No Agency etc.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Other Terms

In the course of using your account with us, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, credit card companies and banks.  You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.