Terms of service
Any person or entity (“user”), registered to use or access the site at http://www.poisedbeautee.com or any information contained in the site, agrees to and is bound by the following terms and conditions of this registered user agreement.
- Under 18s. Poised Beautee is not directed at or to children, and Poised Beautee expects that any and all use of the Site by children will be done only with the guidance, supervision and consent of the child’s parent, guardian and/or authorized school official. Parents, guardians and/or officials must ensure such minors use the Service only if they can understand their rights and responsibilities as stated in this Agreement and our Privacy Policy. All school officials assisting US users under the age of 13 to create Poised Beautee accounts shall be responsible for complying with the US “Children’s Online Privacy Protection Act” and, to the extent applicable, “The Family Educational Rights and Privacy Act”, and accordingly must notify those minors’ parents/guardians of the minor’s personal information provided hereunder and must obtain parent/guardian consent before completing the minor’s registration.
- Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User.
- Your Personal Information. You agree to provide only true, accurate and complete information to us and/or the Site. You agree with and to all provisions of our Privacy Policy, including without limitation the use and treatment of your personal information in accordance with such Privacy Policy.
- Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Poised Beautee does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
- Ownership of Content. Poised Beautee, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under applicable law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
- Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to support@poisedbeautee.com.
- Your Use of the Site and the Content. You agree to not use the Site or any of the Content for any reason other than as authorized by Poised Beautee solely via the normal functionality of the Site.
- Prices and Payment. Minimum prices (and any delivery costs) are as set out on the relevant pages of the Site (except in cases of obvious error). Such amounts are subject to change at any time. We may change the minimum prices for Products at any time by posting new minimum prices on the Site. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country. Whilst we use our best efforts to ensure that all prices on the Site are accurate, errors do sometimes occur. We will normally verify the applicable price in each instance as part of the Order Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
- Acceptance. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order.
- Delivery. Your order will be delivered during normal business hours, once payment has been made, to the address provided on the checkout page. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used foreign alphabet or non-English language characters.
- Products. Products displayed on the Site are intended for demonstration or illustrative purposes only. Although we endeavor to display colors accurately, we cannot guarantee that your device’s display of the colors accurately reflects the color of the Products. In relation to color, size and proportion, actual Products may vary from images on the Site.
- Liability. You agree that the liability of Poised Beautee to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Poised Beautee for our Products or Services; and (2) one hundred dollars (US$100). Except as set out herein, Poised Beautee shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Poised Beautee.
- Indemnity. You agree to indemnify Poised Beautee for any loss or damage that may be incurred by Poised Beautee, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Poised Beautee for all loss or damage incurred by Poised Beautee in relation to any third party claim against Poised Beautee for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
- General Site Disclaimer for Services. Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Poised Beautee shall not be liable for any change, suspension or interruption to the Site or the Service. Poised Beautee provides no warranty regarding continuous access to the Site or the services, as operations of the Site may be interfered with by numerous factors outside of our control.
- Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site. Poised Beautee may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
- Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, “Poised Beautee”) are the trademarks or trade names of Poised Beautee or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Poised Beautee.
- No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
- Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
- Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of the State of New Jersey. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of the State of New Jersey.