EBSITE and CREDIT CARD TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER MINDBODYBEAUTY
WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM ESSENTIALMINDBODYBEAUTY
. This Agreement (the “Agreement”) is made between ESSENTIALMINDBODYBEAUTY, a Sole Trader (the “Company,” “we” or “us”) and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other ESSENTIALMINDBODYBEAUTY web site(s) and for your purchase and/or use of any ESSENTIALMINDBODYBEAUTY goods, services or in connection with the ESSENTIALMINDBODYBEAUTY business opportunity (collectively referred to hereinafter as, “Site Content”). 1 Your use of ESSENTIALMINDBODYBEAUTY’s web site(s), including all web pages (collectively, the “Site”) and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, or your use or purchase of any other Site Content confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you are dissatisfied with the Site or other Site Content, your sole and exclusive remedy is to stop using the Site or other Site Content, except as otherwise expressly stated in section Six of this Agreement (ESSENTIALMINDBODYBEAUTY Customer Guarantee).
1. MODIFICATIONS We reserve the right at any time to: •Change the terms and conditions of this Agreement; •Enhance, add to, modify or discontinue the Site or other Site Content, or any portion of the Site or other Site Content, at any time at our sole discretion. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, “Notice”). Your use of the Site or other Site Content after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site or other Site Content, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Site Content will be subject to this Agreement.
2. ACCESS You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.
3. ELIGIBILITY You represent and warrant that you are at least 18 years old. ESSENTIALMINDBODYBEAUTY
products and the ESSENTIALMINDBODYBEAUTY business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by ESSENTIALMINDBODYBEAUTY. ESSENTIALMINDBODYBEAUTY is expanding its sales into other markets, accordingly please check for updates periodically.
CUSTOMER GUARANTEE ESSENTIALMINDBODYBEAUTY guarantees the quality of any product which carries the ESSENTIALMINDBODYBEAUTY name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our products satisfactory in every way. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
6. USER CONDUCT You are responsible for any and all Content that you send to us. You may not use the Site or other Site Content or any information that you get from the Site or other Site Content to: •interfere with any other user’s use of the Site or other Site Content; •conduct any unlawful activity; •intentionally solicit or harm minors in any way; •misrepresent your own identity or any affiliation that you may have; •modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other Site Content; •alter or remove any copyright, trademark or other proprietary rights notices; •“frame”, “mirror” or “deep link” any part of the Site or other Site Content without our prior written authorization; or •link to any page within the Site or other Site Content from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
7. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE When using any e-mail address provided to you on or through the Site or other Site Content, you agree not to transmit to any person or entity: •any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights; •any non-public information about any company; •any trade secret; or •any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device. Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING ESSENTIALMINDBODYBEAUTY’s PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION. •the use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with ESSENTIALMINDBODYBEAUTY and/or its products and services is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. ESSENTIALMINDBODYBEAUTY prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
8. OUR PROPRIETARY RIGHTS The Site and other Site Content and software used with the Site and other Site Content contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). The Content contained within the Site or other Site Content is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Site Content, in whole or in part, unless authorized by us, in writing, to do so.
9. OWNERSHIP AND RESTRICTIONS ON USE ESSENTIALMINDBODYBEAUTY owns and operates the Site and/or other Site Content in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Site Content in any way without our prior written permission. You may not modify any materials contained within the Site or other Site Content nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Site Content. We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Site Content in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Site Content for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Site Content, except as provided for in the ESSENTIALMINDBODYBEAUTY Policy Manual. You may not transfer any portion of the Site or other Site Content to any third party. ESSENTIALMINDBODYBEAUTY, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of ESSENTIALMINDBODYBEAUTY. All other trademarks, service marks, and logos used on the Site or other Site Content are the trademarks, service marks or logos of their respective owners.
10. IDEA SUBMISSIONS If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting them on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
11. TESTIMONIALS The people giving product or business opportunity testimonials on our Site or other Site Content reflect the actual experience of each individual, are anecdotal only, and may be atypical.
12. LINKS We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such links. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources.
13. ERRORS Although we attempt to maintain the integrity of the Site and other Site Content, we make no guarantee as to the accuracy or completeness of the Site or other Site Content. If you believe that you have discovered an error in the Site or other Site Content, please contact us at 0035318709583 or email us at info@mindbodybeauty and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY By using the Site or other Site Content, you expressly agree that: •The Site and other Site Content are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly noted in the section of this Agreement entitled ESSENTIALMINDBODYBEAUTY Customer Guarantee. •We do not make any warranty that (i) the Site or Site Content will meet your requirements; (ii) the Site or other Site Content will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Site Content will be accurate or reliable; or (iv) any errors in the Site or other Site Content will be corrected. •Your use of the Site or other Site Content is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Site Content. The Company must approve any additional warranties in writing. You agree not to hold us, our officers, directors, employees, agents, designees, representatives, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: •your inability to access your registration data at any time; •your participation as a ESSENTIALMINDBODYBEAUTY therapist; •your use or inability to use the Site or your purchase or use of other Site Content;•unauthorized access to or alteration of your transmissions or data; or •the acts of any third party related to the Site or other Site Content. You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
15. Again, for your protection and security, all of this information is encrypted before it travels over the internet. DON’T WANT TO USE YOUR CREDIT CARD ON THE INTERNET? No problem. Just call the customer service center at 00353(0)18709583 18. REGISTRATION In order to increase convenience and provide special services to frequent users of the website, we require that you register. This registration is open to anyone who wishes to purchase product. To register, we will ask you to provide your name, address, credit card billing information, product shipping information, product preferences and general demographic information. We use this information to make using the website easier for users: •By not requiring frequent website visitors to re-enter recurring information every time they visit the website. •To personalize website visits for frequent visitors, we will recommend products that you have indicated you are interested in and welcome you to the website by name. •By adding your e-mail address to our “opt-in” list in order to receive email notifications about product specials and other company information via our email newsletter.
16. SHARING INFORMATION WITH THIRD PARTIES ESSENTIALMINDBODYBEAUTY does not sell, trade or rent your information to any unrelated third party. We do not share customer information with outside parties who may wish to market their products to you. There are other situations when we may disclose to third parties the customer information we collect as permitted by law. Third parties could include government entities, courts or other entities (in response to subpoenas and other legal processes), and those with whom you have requested us to share information.
17. LINKS TO OTHER WEBSITES ESSENTIALMINDBODYBEAUTY
’s website may contain links to other third party websites. These websites provide our customers with additional information that may make your ESSENTIALMINDBODYBEAUTY
shopping experience more beneficial. All of these websites are owned and operated independently of ESSENTIALMINDBODYBEAUTY. Each have their own separate privacy and data collection policies. ESSENTIALMINDBODYBEAUTY has no responsibility or liability whatsoever for the independent actions or policies of these independent websites and is not responsible for the content or practices of such websites.
18. OPTING-OUT OF E-MAILS ESSENTIALMINDBODYBEAUTY collects email addresses at various points in the website. Most of these areas collect email addresses in a separate database, each with its own “opt-out” option. Providing your email address in most of these areas may be optional. If at any time you wish to stop receiving any promotional email messages from us, simply change the opt-out option in your registration record.
19. REFUND POLICY FOR RETAIL CUSTOMERS Retail customers are guaranteed 100% product satisfaction. Within seven (7) days from the date of purchase, a Retail Customer may (a) obtain a new replacement for any defective product; or (b) cancel the purchase, return the product and obtain a full refund. In all cases, proper notice, proof of timely purchase and timely return of the product is required to be given a refund. ESSENTIALMINDBODYBEAUTY reserves the right to reject repetitive returns. When ESSENTIALMINDBODYBEAUTY products are acquired from or through an other distributor, that distributor is the primary party responsible for customer satisfaction by exchanging the product or refunding the money. In the event there occurs a dispute, ESSENTIALMINDBODYBEAUTY will determine the facts and resolve the issue.
21. LIMITATION OF LIABILITY We do not make any warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, compatibility, security, correctness, completeness, usefulness, or non-infringement with respect to this website or any information or goods that are purchased using this website. You assume full responsibility and risk of loss, including loss of data, resulting from your use of this web site. Although we intend to take all reasonable steps to prevent the introduction of viruses and other harmful material, we do not warrant that this website is free of viruses or other potentially harmful components. We do not warrant that this website will be uninterrupted or error-free, and there may be delays, omissions, interruptions and inaccuracies in the content or other materials or goods available on this website.
22. RELEASE You agree that ESSENTIALMINDBODYBEAUTY (including without limitation its officers, directors, employees, and affiliated entities) will not be held liable for any claims, damages or costs, whether direct or indirect, consequential or special, arising out of or in any way connected to your use or inability to use this website or any hyperlinked website, or any information or goods that are purchased using this website, including lost profits, business interruption, loss of programs or other data, or otherwise. In addition, you agree that we may not be held liable for the conduct of other members associated with this website, including, but not limited to, activities relating to message boards or chat rooms, or any other services that may be offered in the future. You hereby waive any claims, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for limited liability or exclusion of implied warranties, therefore not all of the above limitations may apply to you.
23. INDEMNIFICATION You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to: •your acts or omissions in connection with the Site or other Site Content; •the acts or omissions of any person in connection with the Site or other Site Content using your account; •your purchase or use of the Site or other Site Content and the purchase or use of the Site or other Site Content by any person using your account; •breach of any provision of this Agreement; •any allegation that any materials submitted to us, transmitted to us or through the Site or other Site Content infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or •violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
24. TERMINATION; MODIFICATION At any time and for any reason, we may terminate your use of and access to the Site or other Site Content. At any time and for any reason, we may modify or discontinue providing the Site or other Site Content, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Site Content or our termination of your access to the Site or other Site Content.
25. PAYMENT SECURITY MINDBODYBEAUTY accepts payments through Realex Payments systems, for terms and conditions please see http://www.realexpayments.ie/
26. MISCELLANEOUS The laws of the State of Ireland apply to this Agreement. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site or other Site Content and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.