Attention:
Beauty By Us is not responsible for the delivery of business member services
nor for the practices or malpractice of any business member
who has subscribed to services at this Site.
Security at this site is thorough. Any person posting
false or misleading membership information will be immediately removed from the system.
Do not attempt to download this site. If you attempt to download this site
then any further access to this site will be automatically terminated.
This site is owned and operated by Beauty By Us Inc.,
which is also referenced as Site,
Us, We, Beautybyus.com, Beauty By Us, BBU, Owner, Operator
throughout this document.
Unless specified otherwise users must be at least 16 years of
age to participate in any registration or interactive activities
at this Site. By your participation in Site activities, you
certify that you are at least 16 years of age and that you meet
any other requirements of the Site.
This page states the terms and conditions that forms the agreement
under which you may use this Site. If
you do not accept this Terms of Use Agreement then do not use
this Site. By using this Site you understand, acknowledge
and agree, that you will abide by this terms of this Agreement.
This Agreement will remain in force and in effect for as long
as you are a user of the Site. The Site provides rules of participation
for certain activities and services including, but not without
limitation, appointment books, appointment programs, homepages,
message forums, personal appointment pages, incentives and awards
programs.
The Site's Privacy Policy is hereby incorporated in this Agreement
by reference. To the extent that there is a disagreement between
this Agreement and the specific rules of participation for other
activities in which you choose to participate, this Agreement
shall govern.
We may revise this
Agreement at any time and without notice to you. Such revisions
are effective to you as a user of this Site immediately upon
posting. You should visit this page periodically to review this
Agreement because the rules and amendments are binding upon
you as a user of this Site. The terms you, users, members,
visitors as used in this Agreement refer to all individuals,
registered members and/or entities accessing this Site for any reason.
The contents of the Site, including all software, design, text,
graphics, artwork, images, photographs and other material, including
the selection and arrangements thereof, copyrights, trademarks,
service marks and trade names ( material, content ) are
the property of Beauty By Us Inc. and/or its subsidiaries, affiliates,
assigns, licensers, contest management, prize fulfillment vendors
(collectively "operational service providers") and/or
the Site's advertisers, sponsors or promotional partners (collectively
'Advertisers' ). The Material is protected, without limitation,
pursuant to International and foreign copyright, trademark and
other applicable laws. Unauthorized use of the Material may
violate such laws.
You understand, acknowledge and agree that the Site hereby grants
you a limited personal, non-exclusive, non-assignable and nontransferable
license that authorizes you to use and display the Material,
provided that you retain all copyright, trademark and other
proprietary notices contained in the original Material on any
copy you may make of the Material. You further agree that you
will not, in whole or in part, sell, lease, rent, exchange,
reproduce, archive, modify, create derivative works from, publish
by hard copy or electronic means, publicly perform, display,
disseminate, distribute, broadcast, retransmit, or circulate
to any third party or on any third party web site, or otherwise
use the Material in any way for any public or commercial purpose
without the express approval from Beauty By Us Inc. or copyright
holder. The use of the Material on any other web site or
in a networked computer environment for any purpose is prohibited.
You are authorized to download and view a single copy of the
Material on the Site solely for your use provided that you shall
not, nor will you allow any third party (whether or not for
your benefit) to copy, adapt the object code of the Site's software,
HTML, custom scripts, or otherwise, or reverse engineer, de-compile,
reverse assemble, modify or attempt to discover any interface
or source code that the Site creates to generate its pages at
this Site.
Access to the Materials may not be lawful by persons in certain
countries. You also understand, acknowledge and agree that the
downloading of any object code or software by Site users in
restricted countries is prohibited. You access this Site
at your own risk and are responsible for compliance with
the laws of your jurisdiction and with the laws of the Province
of Ontario, Canada and with the laws of the Government of Canada.
Notwithstanding any statement to the contrary in this Agreement,
you will not use or attempt to use, and shall cause each other
party under your control not to use or attempt to use, any engine,
software, tool, agent or other device or mechanism (including,
without limitation, browsers, spiders or intelligent agents)
to navigate or search the Site other than the following:
(a)
the search engine and search agents available at this Site;
(b) spiders and search
engines that obey the instructions for such search agents;
(c) generally available
third party web browsers (e.g., Netscape Navigator, Mozilla, Opera or Microsoft
Internet Explorer).
This Site may provide users with the opportunity to submit,
post and/or exchange information, data, text, photographs, graphics
or artwork, messages or other materials ( 'Postings' ), whether
publicly posted or privately transmitted. You understand, acknowledge
and agree that such Postings are the sole responsibility of
the person from which such Postings originate. This means that
you, the user, not Beauty By Us Inc., are entirely responsible
for the consequences of all Postings that you upload, post,
e-mail, transmit or otherwise make available via the Site.
Users may not:
post copyright material unless you
are the copyright owner or have the permission of the copyright
owner to post said material
post material that reveals trade secrets, unless you own
them or have the permission of the owner to do so
post material that infringes upon the intellectual property
rights of others or on the privacy or publicity rights of
others
post material that is considered by the Site, in its sole
judgment, to be obscene, indecent, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user
or any other person or entity
post or transmit sexually explicit images or statements
post or transmit chain letters or pyramid schemes
impersonate another person
post or transmit information that contains false or misleading information
post or transmit false, incomplete or misleading membership information
post or transmit information that impinges upon a member's
right to conduct or administer their business
post or transmit information with the intent to threaten
The Site does not represent or guarantee
the truthfulness, accuracy, timeliness or reliability of Postings
by users and does not endorse any opinions, which might be expressed
by a user. You further agree that any reliance on such Postings
by other users will be at your own risk. Beautybyus.com
does not regularly review or screen or monitor such Postings
and assumes no obligation to do so, and will not be liable or
responsible to any user for performance or nonperformance of
such material. If notified by a user of any Posting or communication
which allegedly does not conform to this Agreement, the Site
may, at its sole discretion, investigate the allegation and
may thereafter determine, in its sole discretion, whether or
not to remove or request the removal of the material. You understand,
acknowledge and agree that the Site reserves the right to expel
users and prevent their further access to the Site for violating
this Agreement or any applicable law, and may remove communications
which are considered to be, in the Site's sole judgment, unlawful,
harmful, threatening, abusive, obscene, indecent, libelous,
disruptive, hateful, infringing, or racially, ethnically or
otherwise objectionable.
You also grant the Site, its owner and operator, parent company(s),
affiliates, successors and assigns, the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt, publish,
retransmit, translate, create derivative works from, distribute,
communicate to the public, publicly perform or display such
content (in whole or in part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed,
for so long as any rights exist in such content. You also warrant
that the holder of any rights, including moral rights, in such
content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant
the license set forth in this agreement. You also permit any
other user to access, display, view, store and reproduce such
content for such user's personal use. Subject to all of the
foregoing, the owner of such content placed on this Site retains
any and all rights that may exist in such content.
E-mail is a critically important communications medium for Beautybyus.com
and our members. All e-mail sent to Beauty By Us should be generated
by the person in whose name the e-mail account is registered.
E-mail users shall not mask their identity by using a false
name or another person's name or account. Beauty By Us will
use your e-mail address and the content of any e- mail for administrative
and correspondence purposes only and to send you information
that you may request.
Any non-personal content you provide to the Site by e-mail,
including, but not limited to, feedback, data, answers, questions,
comments, suggestions, plans, ideas or the like, shall be deemed
to be non-confidential and this Site assumes no obligation to
protect such non- personal information from disclosure. You
understand, acknowledge, and agree that the submission of such
information shall in no way prevent the purchase, manufacture
or use of similar products, services, plans and ideas by this
Site for any purpose whatsoever, and this Site shall be free
to reproduce, use, disclose and distribute such content without
restriction.
E-mail addresses submitted to this Site for participation in
the online appointment system will be kept as data records indefinitely
to facilitate the online appointment booking processes, to prevent
users who violate this Terms of Use Agreement from using that
same e-mail address to apply for another membership with that
same e-mail address and to prevent users who have requested
that their personal information be removed from the database
from applying for membership a second time with that same e-mail
address.
These addresses are kept secure and hidden from public view
and this information will never act as the source for receiving
unsolicited e-mail. Should these services at Beautybyus.com
ever be discontinued at any time in the unforeseeable future
then all submitted personal information will be destroyed at
that time.
To participate in various Site activities users must complete
a registration process and only then will they receive a randomly
generated password. You understand, acknowledge and agree that
you are responsible for maintaining the confidentiality of your
Personal Information as defined in this Agreement, including
the user name and password received upon registration at this
Site. You will be fully responsible for all uses of your registration
and for any activity that occurs with respect to your account,
whether or not authorized by you. You further agree to immediately
notify the Site of any known unauthorized use of your registration
and/or login information.
It is the sole responsibility of the business member or their signatory to ensure that their business account balance remains at a level which will provide for the uninterrupted operation and delivery of their subscribed services.
The business account balance and all transaction records are available in the accounting section of the business member's control center.
Once you have completed your set up simply ask for a free 24 hour trial to ensure that this system will meet your needs.
When the business member or their signatory initiates the process that makes their subscription available for the public domain and available for use, the business member or their signatory will forego all and any claims for a 100% refund of monies deposited for their subscribed services and which have been paid to Beauty By Us.
The business member will have 7 days from the payment date to request a refund. The payment date can be found in the accounting section of the control center.
Part of that deposit amount will be non refundable and will be used to cover our own costs of reimbursing that business member. If the transaction was provided by the Paypal service then 10%, up to a maximum of $30 USD will be deducted from the total invoice amount to cover our reimbursement, third party transaction costs.
In the event that the business account balance reaches a level where it can not be debited for a full one year period for the delivery of the business member's established and subscribed services, the business member or their signatory will automatically receive an e-mail (two weeks prior to the due date) informing them that the business account balance is deficient. Two weeks after the due date their subscribed services will be suspended until they credit their account.
In the event that monies are paid in a currency other than USD (US Dollars) then the intent to pay for the use of services will be assumed and accepted as such and any such currency value will be converted to US Dollars at the current and fair rate of conversion and applied to that member's account in US Dollars.
All paper monies submitted to Beauty By Us must be in the form of either certified cheque, bank draft or money order. All non-certified paper monies such as a personal cheque will be returned to the sender.
In the event that a business membership is involuntarily terminated due to a blatant and gross violation of this agreement and who's business account balance is it a positive level, that business member or the signatory for that business member will forfeit any and all money in that business account.
By use of or registration for any Site activity such as message
boards, chat rooms and other such public forums ( collectively
'Public Forums' ), you understand, acknowledge and agree that
you are subject to the following rules of conduct and will be
treated in accordance with this Site's Privacy Policy.
You further agree that Beauty By Us reserves the right, at our
sole discretion, to terminate any membership at any time, delete
any or all of that member's postings, block access to any membership
file or profile and/or reject participation in any other activity
or service provided by this Site. We also reserve the right
to take such actions, with or without notice, and without any
liability to the account holder or user.
As a business service to our users, Beautybyus.com provides
public forums that enable users to interact with other users
and to share commentary on a variety of subjects. A variety
of subjects may be discussed via these public forums; however,
such forums may only be used for lawful purposes. The Site specifically
prohibits certain activities. You understand, acknowledge and
agree that by access or registration in public forum that you
are prohibited from use of this Site for any of the following
purposes:
Posting any incomplete, false, fraudulent
or inaccurate biographical information or general information,
which is not your own information, or impersonating any other
person
Posting a profile for anything other than to participate
in online discussions via that public forum
Sending a message to a user for any reason other than to
participate in online discussions
Delete or revise any content or material posted by any
other person or entity
Post chain letters or pyramid schemes
Forge any TCP/IP packet header or any part of the header
information in any e-mail or news group posting for any reason
Post obscene, indecent, defamatory, threatening, harassing,
tortious, abusive, hateful content, or any content that is
embarrassing or harmful to another user or any other person
or entity
This Site may display banner and general advertising and other
content provided by third parties or their agents. You understand,
acknowledge and agree that such third party content on this
Site is not an endorsement by this Site of those goods, services
or messages conveyed in the content, or of the business practices
(including the privacy policies) of such third party content
providers. Users may from time to time enter into correspondence
with, or participation in, the advertising or promotions offered
throughout this Site; however, all such correspondence, including,
without limitation, any resulting contractual agreement between
you and that third party content provider, are solely between
you and that third party content provider. You further agree
that this Site is not responsible for upholding any applicable
terms, conditions or representation of warranties made by third
party content providers in connection with any agreement or
contract between third party content providers and users of this Site.
This Site often provides links to third party web sites and
other resources that could be of interest to our members, including
the web sites of our Advertisers. You understand, acknowledge
and agree that these links are provided solely as a convenience
to you and not as an endorsement by this Site of that content,
advertising or business practices (including the privacy policies)
of such third party web sites, regardless of whether or not
this Site hosts the logo or sponsorship identification of that
third party, and regardless of whether this Site conducts "framing",
which allows a user to access several web pages or web sites
while still viewing a header or border of this Site or another
site. These third parties may have different privacy policies
and business practices than Beauty By Us; therefore, this Site
does not endorse, verify, make any representations, or take
responsibility for the content, truthfulness, accuracy, quality
or completeness of the content or activities conducted on such
third party web sites. You further agree that the Site, its
Owner and Operator, parent company, affiliates, successors and
assigns, and their respective officers, directors, employees,
agents and operational service providers will not, under any
circumstances, be responsible or liable, directly or indirectly,
for any damages or losses caused, or alleged to be caused, by
or in connection with, your use of or reliance upon the content,
advertising or business practices of any third party web site.
If you decide to use and access any third party web site linked
from this Site, you understand, acknowledge and agree that you
do so at your own risk and under the terms and conditions of
use of that external site.
To participate in various activities at this Site, you will
be asked to provide certain true, complete and current personal
information. All personal information from any user is subject
to this Site's privacy policy, which is incorporated by reference
in this agreement. For more information about the collection,
handling, use and destruction of personal information you are
hereby encouraged to refer to this Site's complete Privacy
Policy.
By submitting content to any public area of this Site,
including but not limited to public forums, you understand,
acknowledge and agree that your content will be considered "public
material" and will not be subject to the privacy protections
afforded to your personal information in connection with any
membership you may have at this Site.
You further agree that the Site may save and archive any content
of any nature posted to the Site and that the Site may, without
liability to any user, disclose such content, with and upon
notice to that user, if required to do so by law or to comply
with any Canadian legal process, to respond to claims that content
violates the property, privacy, publicity or any other rights
of another user, individual, organization or corporation, or
to protect the rights, property or safety of the Site, its agents,
employees, third party content providers, users or Site members.
The Site reserves the right to modify or discontinue the service
(or any part thereof) offered by this Site, on a temporary or
permanent basis, with or without notice to anyone. You understand,
acknowledge and agree that the Site will not be liable to you
or to any third party for any such modification, suspension
or discontinuance of service offered by this Site.
The Site's membership areas are to be accessed only by registered
users of this Site. Each registered user will have only one
unique user name with one unique password. In the event that
a registered user is found to have shared their password with
any non-registered member then that membership will be terminated
without notice to that user. The following actions are prohibited:
Accessing data not intended for such
user or logging into a server or account in which the user
is not authorized to access
Attempting to probe, scan or test the vulnerability of
the system or network or to breach the security or authentication
measures of the Site without proper authorization
Attempting to interfere with service to any user, host
or network, including, without limitation, via means of attempting
to "overload", "flood", "spam", "DOS Attack", "mail bombing"
or "crashing" the Site or the Site's server
Sending unsolicited e-mail, including promotions and/or
advertising of any activity, program, product or service
Violations of the Site's system
or network security may result in civil or criminal liability.
The Site will investigate possible violations of system or network
security and may involve, and cooperate with, a user's
employer, Internet Service Provider, and/or law enforcement
authorities in investigating and/or prosecuting users who are
involved in such violations. The Site will terminate the membership
of any person that Beauty By Us believes, in its sole judgment,
to have violated its security provisions.
You understand, acknowledge and agree to defend, indemnify,
and hold harmless Beauty By Us Inc., its affiliates,
successors and assigns, Advertisers, and operational service
providers and their respective officers, directors, employees,
representatives and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the
Site Material or your breach of the terms of this Agreement.
The Site will attempt to provide notice to you promptly of any
such claim, suit, or proceeding and will assist you, if requested
and at your expense, in defending any such claim, suit or proceeding.
The Site and its Material may contain technical inaccuracies,
typographical errors, and out of date information. The Site
makes no representations about the accuracy, reliability, completeness,
or timeliness of the Site Material and the Site makes no warranty
that the Site will meet your requirements. You understand, acknowledge
and agree that the use of the Site and Material is at your own
risk. The Site reserves the right to make changes to the Site
and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, AFFILIATES,
SUPPLIERS, SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, THE SITE'S
ADVERTISERS, OR OPERATIONAL SERVICE PROVIDERS, ASSUME OR HAVE
ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA, PROFITS, SAVINGS, GOOD WILL, OR USE,
OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF THIS SITE,
OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE
OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN
SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE
OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK,
IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT
MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, The aggregate
liability for the Company to users for all claims arising from
your use or inability to use this site or any of the Material
is limited to $1.00 (one dollar and zero cents).
This Site reserves the right, and at its sole discretion, to
terminate a membership at any time, delete any or all of that
member's postings, block access to the Site and/or terminate
any other service provided to that account holder. This Site
reserves the right to take such actions, with or without notice
to that member and without any liability to that member.
This Site functions on an honor system, but with strict and
ongoing administrative supervision. Policies are in place and
administrative routines are performed to protect the business
members of this Site. Business members also have the right to
control access to their appointment system with the parameters
of their choice.
In the event that any member [ CLIENT OR BUSINESS ] should book
or attempt to book apparently false appointments into this online
appointment system or to negatively effect any other business
member's daily use of this Site, then the effected business
member has the right to ban the offending member from any further
use of their services at this Site. In addition, the business
member has the right to "flag" the offending member
for a
.
In the event that a member [ CLIENT OR BUSINESS ] should be
flagged for a Notice of Restriction, an anonymous notice will
be automatically posted to that member's Personal Appointment
Center. If any member receives 3 [THREE] Notices of Restriction
against their membership then that membership will be automatically
terminated.
This Agreement is governed by International Treaties and laws
and by the Provincial and Federal Laws of Canada. If any provision
of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided
in a particular Legal Notice, or Software License or material
on another web site, this Agreement constitutes the entire agreement
between you and this Site with respect to the use of this Site.
No changes to this Terms of Use Agreement shall be made except
by a revised posting on this page, and no advice or other information
provided by the Site or its representatives to any user in any
manner which is not posted on this page will not constitute
an amendment of, waiver or change to this Agreement.
The section titles in this Agreement are for your convenience
only and do not have any legal or contractual effect. Contact
Beauty By Us if
you have any questions regarding this Agreement.
Owned & Operated by Beauty By Us Inc.
Unit 407 266 Guthrie Drive
Kingston Ontario Canada
K7K 6K8
Templeman Menninga LLP: Legal Counsel
