Welcome, and thank you for your interest in BeautH (“beauth.me, “we” or “our”) and our website
at www.beauth.me, along with any related websites (“Site”). These Terms & Conditions are a
legally binding contract between you and The BeautH regarding your use of the Site, including
any products that you purchase through the Site.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
By accessing or using the site, or purchasing any products through the site, you agree that you
have read and understood, and, as a condition to your use of the site, you agree to be bound by,
the following terms and conditions, including the BeautH ecommerce website privacy policy.
BeautH reserves the right, at its sole discretion, to change, modify, add or remove portions of
these Terms & Conditions, at any time. It is your responsibility to check these Terms &
Conditions periodically for changes. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms & Conditions by your
continued use of the Site after the date such revised Terms & Conditions are posted.
When you purchase any products through the Site, we may provide you with the option of
registering an account. If you register for an account, you may be required to provide us with
some information about yourself, such as your name, address, telephone number, email
address, credit or debit card number, or other contact information. You agree that the
information you provide to us is accurate and that you will keep it accurate and up-to-date at all
times. When you register, you will be asked to provide a password. You are solely responsible
for maintaining the confidentiality of your account and password, and you accept responsibility
for all activities that occur under your account.
We make every effort to display as accurately as possible the colors, features, specifications,
and details of the products available on the Site. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate, complete, reliable, current,
or free of other errors, and your electronic display may not accurately reflect the actual colors
and details of the products. All products are subject to availability. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are subject to
change.
The visual interfaces, graphics, design, compilation, information, data, computer code (including
source code or object code), products, software, services, and all other elements of the Site
(“Materials”) provided by BeautH are protected by intellectual property and other laws. All
Materials included in the Site are the property of BeautH and its third-party licensors. Except as
expressly authorized by BeautH, you may not make use of the Materials. The BeautH reserves
all rights to the Materials not granted expressly in these Terms.
By using the site, you agree not to:
Use the Site for any illegal purpose or in violation of any local, state, national, or international
law;
Violate, or encourage others to violate, any right of a third party, including by infringing or Misappropriating any third-party intellectual property right;Post, upload, or distribute any content that is unlawful, defamatory, libelous, or that a reasonable
person could deem to be objectionable, profane, indecent, pornographic, harassing,
threatening, embarrassing, hateful, or otherwise inappropriate;
Interfere with security-related features of the Site, including by: (i) disabling or circumventing
features that prevent or limit use or copying of any content; or (ii) reverse engineering or
otherwise attempting to discover the source code of any portion of the Site except to the extent
that the activity is expressly permitted by applicable law;
Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i)
uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting
personal information about another user or third party without consent; or (iv) interfering with or
disrupting any network, equipment, or server connected to or used to provide the Site;
You are responsible for your use of the Site, and you will defend and indemnify BeautH and its
affiliates, and their respective officers, directors, employees, consultants, subsidiaries and
agents (together, the “BeautH Entities”) from and against every claim, liability, damage, loss,
and expense, including reasonable attorneys’ fees and costs (“Claims”) arising out of or
connected with: (a) your use of, or misuse of, the Site; (b) your violation of any portion of these
Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable
law or regulation; (c) your violation of any third-party right, including any intellectual property
right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue
between you and any third party. We reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to that matter), and in that case,
you agree to cooperate with our defense of those Claims.
The site and all materials and content available through the site are provided “as is” and on an
“as available” basis. BeautH disclaims all warranties of any kind, whether express or implied,
relating to the site and all materials and content available through the site, including: (a) any
implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or
non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. BeautH
does not warrant that the site or any portion of the site, or any materials or content offered
through the site, will be uninterrupted, secure, or free of errors, viruses, or other harmful
components, and BeautH does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the site or BeautH
entities or any materials or content available through the site will create any warranty regarding
any of BeautH entities or the site that is not expressly stated in these terms. We are not
responsible for any damage that may result from your use of or access to the site and you’re
dealing with any other site user. You understand and agree that you use the site, and access,
download, or otherwise obtain materials or content through the site and any associated sites or
sites, at your own discretion and risk, and that we are not responsible for any damage to your
property (including your computer system or mobile device(s) used in connection with the site),
or the loss of data that results from the use of the site or the download or use of the materials or
content.
Notwithstanding the forgoing BeautH does not disclaim any warranty or other right that BeautH
is prohibited from disclaiming under applicable law.
To the fullest extent permitted by law, in no event will the BeautH entities be liable to you for any
indirect, incidental, special, consequential or punitive damages (including damages for loss of
profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use
of, or your inability to access or use, the site or any materials or content on the site, whether
based on warranty, contract, tort (including negligence), statute, or any other legal theory, and
whether or not any BeautH entity has been informed of the possibility of damage.
To the fullest extent permitted by law, the aggregate liability of BeautH entities to you for all
claims arising out of or relating to the use of or any inability to use any portion of the site or
otherwise under these terms, whether in contract, tort, or otherwise, is limited to the amount you
have paid to BeautH for access to and use of the site in the 12 months prior to the event(s) or
circumstances giving rise to claim. Each provision of these terms that provides for a limitation of
liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the
risks between the parties under these terms. This allocation is an essential element of the basis
of the bargain between the parties. Each of these provisions is severable and independent of all
other provisions of these terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated
by reference into these Terms, are the entire and exclusive understanding and agreement
between you and BeautH regarding your use of the Site. You may not assign or transfer these
Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise,
without our prior written consent. We may assign these Terms at any time without notice or
consent. The failure to require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any breach or default of these
Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a
waiver of the provision itself. Use of section headers in these Terms is for convenience only and
will not have any impact on the interpretation of any provision. Throughout these Terms the use
of the word “including” means “including but not limited to”. If any part of these Terms is held to
be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent
possible, and the remaining parts will remain in full force and effect.