Terms of Service
THANK YOU FOR USING LASH ASSIST PRO
TOS: Oct 1st 2019 – Currently Effective
2387273 ONTARIO INC. Service Provider LASHASSISTPRO WEB SERVICES.
You indicate your agreement and consent to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” And “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the
Offer, acceptance and consideration of payment necessary to undertake the Process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to,
Prevailing Canadian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- Fees and Payments
1.1. Fees for Services. You agree to pay to 2387273 ONTARIO INC. any fees for each Service you purchase or use (including any overdue fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing plan you selected and accepted through the subscription process and visible under your account management / billing plan page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through the Account management page, or by requesting a cancelation by emailing support @lashassistpro.com. You may cancel your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
Your current billable usage is shown in the “Your Current Invoice” section. The total amount shown represents what you will be billed if you convert your trial now.
If you are already in a paid plan this amount represents what your next recurring bill would be if the billing cycle ended now. You may cancel your subscription at any time. Upon cancellation, you will be billed for any usage accrued during the billing period up until the time of cancellation.
- Taxes. Unless otherwise stated, you are responsible for any taxes (other than 2387273 ONTARIOINC. Income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay 2387273 ONTARIO INC. for the Services without any reduction for Taxes. If 2387273 ONTARIO INC. is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide 2387273 ONTARIO INC. with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. 2387273 ONTARIO INC. will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from 2387273 ONTARIO INC. for business reasons, and are located in a different European Union member state from 2387273 ONTARIO INC. If you are required by law to withhold any Taxes from your payments to 2387273 ONTARIO INC., you must provide 2387273 ONTARIO IN. with an official tax receipt or other appropriate documentation to support such payments.
- Price Changes. 1.4. Price Changes. 2387273 ONTARIOINC. may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. 2387273 ONTARIOINC. will provide you with reasonable notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
- Overage/Late Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service
- Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers.
We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are
Requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
- Your Content
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. 2387273 ONTARIO INC. does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services and as outlined in our privacy policies, and as otherwise described in these Terms.
3.2. Limited Access to Your Content. 2387273 ONTARIO INC. will not distribute, copy or reuse your Content in any way other for the limited purposes of providing the Services to you and as otherwise permitted by 2387273 ONTARIO INC.’s privacy policies. If you provide 2387273 ONTARIO INC, Inc. with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Copyright Claims. 2387273 ONTARIO INC. Inc. responds to notices of alleged copyright infringement in accordance with the Canadian Jurisdiction. If you believe that your work has been exploited in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org .
3.4. Other IP Claims. 2387273 ONTARIO INC. respects the intellectual property rights of others, and we expect our users to do the same. If you believe you’ve witnessed any infringing upon your intellectual property rights within our product, please notify us at email@example.com Claims of copyright infringement should follow under Canadian Jurisdiction outlined in these Terms, or any equivalent process available under local law.
- User Content. Our Services display content provided by others that is not owned by 2387273 ONTARIOINC. Such content is the sole responsibility of the entity that controls it and makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. 2387273 ONTARIOINC. is not responsible for any actions you take with respect to your Content, including sharing it publicly either through our Services or by any other means. Please do not use content from the Services unless you have first obtained the permission and consent of its owner, or are otherwise authorized by law to do so.
4.1. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, 2387273 ONTARIO INC. may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, 2387273 ONTARIO INC. otherwise has no obligation to monitor or review any content submitted to the Services.
- Account Management
5.1. Keep Your Password Secure and Safe. When you setup a password in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not 2387273 ONTARIO INC., are responsible for any activity occurring in your account (other than activity that 2387273 ONTARIO INC. is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify 2387273 ONTARIO INC. immediately. Accounts may not be shared and may only be used by one individual per account.
5.2. Keep Your Details Accurate. 2387273 ONTARIO INC. occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
5.3. You are the Controller of your Business Settings and Other Content. You are responsible for the definition and maintenance of your Business Settings Data and other content. By defining your Waiver, Policies and Refund Policies you control the content you are collecting and providing to your client. It is your responsibility to review the setup and configuration of your Business Settings and their respective Delivery, Workflow and Account settings so you safeguard any sensitive data you are collecting through our Services. This is not intended to be used to collect private or sensitive data. It is your responsibility to ensure that you protect the data you collect and to avoid using features that may distribute your data inadvertently to the wrong recipient or through less secure delivery channels. We as service just provide platform to organise your data your way.
5.4. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, 2387273 ONTARIO INC. service provider of Lash Assist Pro will not be liable for any failure to store, or for loss or corruption of, your Content. We advise you to save all emails and have printed pdf copies of Consultation forms and data in Business settings as showcased in Record of Client all the time.
5.5. Inactive Accounts. 2387273 ONTARIO INC. may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 6 months. However, we will attempt to contact you before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
- General Conditions
Technical support is only provided to account holders in good standing and is only available online or through email.
You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, Lashassistpro, or any other Lashassistpro service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Lashassistpro.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Lashassistpro customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may occur in the absence of encryption and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages in association with your use of or through the Service.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use the provided storage for offsite backups, delivery or transfer of high-resolution images or proofs, or otherwise use excessive storage (as determined solely by Lashassistpro). If you are found to be abusing the provided storage, your account may be disabled until your storage usage is corrected.
The failure of Lashassistpro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Excluding any properly executed addendum, this Terms of Service constitutes the entire agreement between you and Lashassistpro and govern your use of the Service, superseding any prior agreements between you and Lashassistpro (including, but not limited to, any prior versions of the Terms of Service).
7.1 Exclusions and Limitations
The information on this web site is provided on an “as is” basis. Fully permitted by law, this Company: Excludes all representations and guarantees relating to this website and
its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
! Excludes all liability for damages arising out of or in connection with your use of this website.
This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and .incidental damages.
This Company does not however exclude liability for death or personal injury Caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
7.2 Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in Canada and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in Canada as 2387273 ONTARIO INC .
7.4 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Canada govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then
The invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
7.7 Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.