TERMS & CONDITIONS
(updated February 13, 2008)
Please carefully review these terms and conditions of use
before using this site. By accessing or
using the Classique Nail & Esthetics Distributor Inc. (hereinafter referred
to as “Classique”) website, you acknowledge that you have read, understood and
accept these terms and conditions.
Users
You must be a Licensed Canadian Nail Technician, Salon Owner
or a Classique Nail & Esthetics Distributor member to shop on our site.
Intellectual Property
The entirety of the content in this site is a collective
work owned by Classique and is protected by Canadian Trademark Laws. All rights reserved. All elements comprising this site, including
without limitation, the text, site design, logos, graphics, icons and images as
well as the selection, assembly and arrangement thereof are the sole property
of Classique or its licensors, and are protected by Canadian Trademark
laws. All software used in this site are
the property of Classique or its licensors, and such software is also protected
by Canadian Trademark Laws. Permission
is granted to electronically display and electronically copy and print hard
copy portions of this site for your own non-commercial use or to place an order
through the site. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display or performance of any content of this site is strictly prohibited.
The trademarks, service marks, trade names, trade dress,
logos, designs and sounds associated with the site are owned by Classique or
third parties who have authorized their use.
Without limiting the foregoing, CLASSIQUE is a trademark of Classique
Nail & Esthetics Distributor.
Disclaimer of warranty
THE SITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES
AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.
CLASSIQUE ESPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS USES AND THE PRODUCTS AND
SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, TITLE,
ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL CLASSIQUE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR
SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF
OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE
AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE AT THE SITE.
Typographical errors
In the event a product is listed at an incorrect price due
to typographical errors or an error in pricing information, Classique shall
have the right to refuse or cancel any orders placed for products listed at the
incorrect price. Classique shall have
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your account charged. If
your account has already been charged for the purchase and your order is
cancelled, Classique will immediately issue a credit to your account in the
amount of the incorrect price.
Third party links and frames
Classique may provide links to websites operated by third
parties. Classique makes no
representations whatsoever about any third party websites that you may access
through this site. Classique is not
responsible for the privacy practices or the content of such websites. Classique prohibits the framing of any
materials available through this site.
Classique reserves the right to disable any unauthorized frames and
specifically disclaims any responsibility for the contents of any other
websites linked to this site.
Communication with Classique
By sending Classique any ideas, comments, suggestions,
questions or other material you grant Classique an unrestricted royalty-free
worldwide, irrevocable license use, reproduce, display, perform, modify,
transmit and distribute such material in any manner, including in connection with
Classique’s business, and you also agree that Classique is free to use any
ideas, concepts, know-how or techniques that you send us for any purpose.
You agree that no comments or other information submitted by
you to Entity will violate any personal or proprietary right of any third party
(including without limitation, copyright and trademark rights). You agree that no comments or other
information submitted by you to Classique will be libelous, obscene, harassing,
abusive, or otherwise unlawful. You agree
that you shall remain solely liable for the contents of any comments or other
information submitted by you to Classique.
Privacy Policy
Please review Classique’s privacy policy for information on
Classique’s privacy practices with respect to this site.
Indemnity
You agree to indemnify, defend, and hold harmless Classique,
its officers, directors, employees, agents, shareholders, representatives,
suppliers and content and service providers from and against all losses,
expenses, damages and costs, including reasonable solicitor fees, resulting
from any violation of these terms and conditions or any activity related to
your account with Classique (including negligent or wrongful conduct) by you or
any other person accessing the site using your Internet account., Classique
site user name or account password.
Applicable Law
Your use of the site shall be governed by the laws of the
Province of Ontario without regard to its choice of law principles. You agree to submit to the personal
jurisdiction of the Provincial and Federal Courts located in Toronto, Ontario,
with respect to any legal proceedings arising out of these terms and conditions
or your use of the Classique site. Any
cause of action or claim you may have with respect to the Classique site (including
without limitation your purchase of Classique products) must be commenced
within one (1) year after the cause of action or claim arises.
Changes to the site
Classique reserves the right to make additions, deletions or
modifications to the site and those products and services offered at the site
at any time without prior notice to you.
About these terms and conditions
These terms and conditions were posted on the dates set
forth above. Classique reserves the
right to change, alter or modify these terms and conditions for any reason at
any time. When we do so, changes in
these terms and conditions will be posted on our site and will be effective
immediately. If you are a regular
visitor to this site, we recommend that you check these terms and conditions on
a regular basis.
If you have any questions
If you ever have any questions about these terms and
conditions, please contact us. We will
be happy to answer any questions or concerns you might have.
Email contact: info@classiquenail.com
Telephone contact:
416-746-7000 or toll free 1-888-232-0122