Terms and Conditions

This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the PANDORA BEAUTY web site which is identified by the uniform resource locator www.pandorabeauty.ca ("This Site"). This Agreement is entered into between you as the user of This Site (the "User") and PANDORA BEAUTY ("PANDORA BEAUTY").

APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS

For purposes of this Agreement, a "User" is any person who accesses the This Site for whatever purpose, regardless of whether such User has registered with This Site as a registered user or not. A User includes the person using This Site and any legal entity which may be represented by such person under actual or apparent authority.


By accessing or using This Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to This Site. If you do not accept all of the terms and conditions of this Agreement, please do not use This Site.

PANDORA BEAUTY may amend this Agreement at any time by posting the amended and restated Agreement on This Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of PANDORA BEAUTY.

 

GENERAL USERS

Users may use This Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through This Site for the purpose of re-selling or re-distributing the PANDORA BEAUTY content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with This Site, or otherwise commercially exploiting the PANDORA BEAUTY content. Systematic retrieval of PANDORA BEAUTY content from This Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from PANDORA BEAUTY is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.


Some of the PANDORA BEAUTY content displayed on This Site is provided or posted by third parties ("Third Party Content"). Neither PANDORA BEAUTY nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of PANDORA BEAUTY 's display of third party content on This Site. Any third party content is the sole responsibility of the party who provided the content. PANDORA BEAUTY is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content, and shall not be liable to any user in connection with such user's reliance of such third party content. In addition, PANDORA BEAUTY is not responsible for the conduct of any user's activities on This Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such user's conduct.


PANDORA BEAUTY may allow users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that PANDORA BEAUTY has no control over such third party's web site, does not monitor such sites, and PANDORA BEAUTY shall not be responsible or liable to anyone for such web site, any content, products or services made available on such web site.


Messages or information sent by a user through communication systems provided by This Site, or through emails, fax or letters to addressees obtained from This Site, shall not contain any of the materials described in the provisions of Section 4.5 below.


This Site reserves the right to limit, deny or create different access to This Site and its features with respect to different users, or to change any of the features or introduce new features without prior notice. Each user acknowledges that inability to use This Site wholly or partially for whatever reason may have adverse effects on its business. Each user hereby agrees that in no event shall PANDORA BEAUTY be liable to the user or any third parties for any inability to use This Site (whether due to disruption, limited access, changes to or termination of any features on This Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use This Site or any of its features.


No user shall undertake any scheme to undermine the integrity of the computer systems or networks used by PANDORA BEAUTY and/or any other user and no user shall attempt to gain unauthorized access to such computer systems or networks.

We urge that you read PANDORA BEAUTY 's Privacy Policy which governs the protection and use of each user's information in PANDORA BEAUTY 's possession. Each user hereby accepts the Privacy Policy and any updates and amendments thereto. Each user acknowledges that PANDORA BEAUTY may change the Privacy Policy from time to time provided that PANDORA BEAUTY shall make available the updated version of the Privacy Policy on This Site at all times. Your continuation of use of This Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on This Site at the time of such use.

 

REGISTERED USERS

Each User who has filled out an online registration form on This Site by giving information (such as name, address, telephone, email address, etc.) is a registered user of This Site (a "Registered User"). This Site will establish an account ("Account") for each registered user and each registered user is assigned a user alias ("User ID") and password ("Password") for log-in access to its own account.
This Site may assign an account letter with limited storage space for the user to send or receive massage through user’s account (the "Account's letter"). The user shall be responsible for all the content of all the messages communicated through email, account letter, as well as the consequences of any such message.


If the registered user is a business entity, you represent that (a) you have the authority to bind the entity to this agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to This Site during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.


This Site may suspend or terminate a registered user's account at any time by giving no less than 24-hour notice to the registered user; provided, however, that notice is not required for such termination if (a) in This Site's determination, there is any breach of the provisions of this agreement by the registered user; or (b) This Site has reasonable grounds to suspect that such information provided by a registered user is untrue, inaccurate or is not current or complete, or (c) This Site believes that the registered user's actions may cause financial loss or legal liability to such registered user, This Site's other users, This Site or its affiliates.


The registered user shall not use the account's letter for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature. Further, the registered user shall not use the account's letter to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
This Site may refuse registration and deny the issuance of an account and/or web massage account and associated user ID and password to any user for whatever reason.

COPYRIGHTS

All related content included on This Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of This Site or its content suppliers and protected by international copyright laws. The compilation of all related content on this site is the exclusive property of This Site and protected by international copyright laws. All software used on this site is the property of This Site or its software suppliers and protected by international copyright laws.

 

TRADEMARKS

This Site and other related marks indicated on our site are trademarks of This Site or its subsidiaries, and other graphics, logos, page headers, button icons, scripts, and service names of This Site are trademarks or trade dress of This Site or its subsidiaries. This Site's trademarks and trade dress may not be used in connection with any product or service that is not This Site’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits This Site.


Any other trademarks, company names, product names, and/or logos set forth in this website, including those of or related to any products, are the property of their respective owners. This Site does not claim to own any of these trademarks and This Site is not related to, endorsed by, or in any other way connected or associated with these companies.

 

LIMITATION OF LIABILITY

The features and services on This Site is provide on an "as is" and "as available" basis, and This Site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, representations, conditions, undertakings and terms are hereby excluded.


This Site make no representation or warranties about the validity, accuracy, correctness, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through This Site.


Any material downloaded or otherwise obtained through This Site is done at each user's sole discretion and risk and each user is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user from This Site shall create any warranty not expressly stated herein.


Under no circumstances shall This Site be held liable for an delay or failure or disruption of the content or services delivered through This Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.


Each User hereby agrees to indemnify and save This Site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such user's use of This Site (including but not limited to the display of such user's information on This Site) or from its breach of any of the terms and conditions of this Agreement. Each user further agrees that This Site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each user. This Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with This Site in asserting any available defenses.


This Site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

    1. the use or the inability to use This Site;
    2. any defect in goods, samples, data, information or services purchased or obtained from a user or a third-party service provider through This Site;
    3. unauthorized access by third parties to data or private information of any user;
    4. statements or conduct of any user of This Site;
    5. any matters relating to Premium Services however arising, including negligence.

APPLICABLE LAW

This Site is created and controlled by PANDORA BEAUTY in Canada. As such, the laws of Canada will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. This Site reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of Canada for any litigation arising out of or relating to use of or purchase made through This Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in Canadian Courts and agrees not to plead or claim in any Canadian Court that such litigation brought therein has been brought in an inconvenient forum.

 

ERRORS AND OMISSIONS

This Site is not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices, and discounts set forth herein are subject to change without notice.