December 10, 2018
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of Annie Young Boutique Spa and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of Annie Young Boutique Spa or its software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Annie Young Boutique Spa, or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication – without the prior written permission of Annie Young Boutique Spa is strictly prohibited.
AnnieYoung.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Annie Young Boutique Spa and may not be used in connection with any product or service that is not offered by Annie Young Boutique Spa in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
4. PRODUCT INFORMATION
The products displayed on the Sites can be ordered and delivered only within Canada. Annie Young Boutique Spa products displayed on the Sites may be available in select Annie Young Boutique Spa retail stores in Canada. All prices displayed on AnnieYoung.com are quoted in Canadian Dollars and are valid and effective only in Canada. If any minor uses any goods or product from AnnieYoung.com it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Annie Young Boutique Spa.
All material and information presented by Annie Young Boutique Spa is intended to be used for personal educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by Health Canada or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Annie Young Boutique Spa does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Annie Young Boutique Spa does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
Given the popularity of our products, and except where prohibited by law, Annie Young Boutique Spa may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
5. COLOUR INFORMATION
While Annie Young Boutique Spa has tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.
6. RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.
7. YOUR USE OF CONTENT ON THE SITES AND LIMITATION OF LIABILITY
Annie Young Boutique Spa provides the Sites and all other applications and services on the Sites as a forum only. Annie Young Boutique Spa is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, is not controlled by Annie Young Boutique Spa. Annie Young Boutique Spa cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sites or Any Third Party Site, you may be exposed to Content that may be offensive, indecent or objectionable and Annie Young Boutique Spa shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Annie Young Boutique Spa be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Annie Young Boutique Spa reserves all rights not expressly granted in and to the Content.
8. YOUR CONTENT SUBMISSIONS
By submitting Content to Annie Young Boutique Spa, you represent and warrant that:
- You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, and potentially Third Party Sites;
- You understand that your Content may be utilized and distributed by Annie Young Boutique Spa in its marketing materials, including but not limited to, AnnieYoung.com, Annie Young Boutique Spa emails, social channels, and store materials;
- You shall comply with any relevant legal guidelines regarding the use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on Annie Young Boutique Spa’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
- All “moral rights” and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favour of Annie Young Boutique Spaand its successors and assigns and you do not require that any personal information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- All Content that you post is accurate;
You also represent and warrant that any Content you submit:
- Is not false, inaccurate or misleading;
- Does not harm minors;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership, corporation or other person;
- Is not submitted for compensation or other consideration from any third party;
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” commercial electronic messages or any other form of solicitation; and
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Annie Young Boutique Spa does not endorse any Content or any opinion, recommendation or advice expressed therein, and Annie Young Boutique Spa disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to Annie Young Boutique Spa, (a) such Content is not confidential or proprietary and Annie Young Boutique Spa has no obligation of confidentiality, express or implied, with respect thereto; (b) Annie Young Boutique Spa may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Annie Young Boutique Spa under any circumstances unless you are otherwise notified by Annie Young Boutique Spa in writing.
9. THIRD PARTY CONTENT AND THIRD PARTY SITES
Annie Young Boutique Spa may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Annie Young Boutique Spa does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Annie Young Boutique Spa and such third party. Annie Young Boutique Spa does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Annie Young Boutique Spa is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Annie Young Boutique Spa do not necessarily reflect the views of Annie Young Boutique Spa.
10. MOBILE SERVICES
Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
11. MODIFICATION OF CONTENT
12. RESERVATION OF RIGHTS
Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. ANNIE YOUNG BOUTIQUE SPA IS PROVIDING THE SITES, THEIR CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, ANNIE YOUNG BOUTIQUE SPA DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, ANNIE YOUNG BOUTIQUE SPA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
ANNIE YOUNG BOUTIQUE SPA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.
15. APPLICABLE LAW
Annie Young Boutique Spa
376 Victoria Ave Suite 430
Westmount, QC H3Z 1C3
16. COPYRIGHT INFRINGEMENT
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Annie Young Boutique Spa’s with the information referred to above, along with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of your interest or right with respect to the copyright in the work or content; and
– The date and time of the commission of the claimed infringement.
In accordance with the applicable Canadian copyright law, Annie Young Boutique Spa will provide notice electronically to the subscriber who is responsible for posting the work or content that you are alleging infringes copyright. Annie Young Boutique Spa has the sole and absolute discretion to remove all purportedly infringing content from the Sites.
17. FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND ANNIE YOUNG BOUTIQUE SPA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.