Terms of Service

 

Terms of Service

Welcome to Curls and Confidence! The present Terms of Service applies to your use of the Curls and Confidence (“CC”) website located at www.curlsandconfidence.ca (the “Website”) and to your purchase and use of CC’s products and services (the “Services”) whether throught the Website or otherwise. These Terms of Service (the “Terms”) govern your access to and use of the Website and Services. By using the Website or the Services you affirm that you are at least 18 years old and that you consent to the present Terms. If you violate or do not agree to these Terms, your use of the Services may be suspended or terminated at any time at the sole discretion of CC. Additional terms and conditions may apply to some services offered on the Website. The terms and conditions for such services will be listed on the Website from time to time and are incorporated into these Terms and Conditions by reference.

1. About the Service

1. Curls and Confidence is an online hair care and skin care retail platform. We sell our products on an individual basis through our online store and through a subscription box service. Products include, but are not limited to, various hair care and skin care products (the “Products”), selected and curated by CC. Individuals and business representatives (“Customers”) can purchase Services from CC or use the Website to view a list of available Services and additional information regarding CC. Services include, but are not limited to, our subscription box and online individual item sales. To the extent permitted by applicable law, CC reserves the right to deny or terminate service to any Customer at our discretion.

2. Customers can also request services from CC by contacting us at hello@curlsandconfidence.ca or 647-948-5763. Upon the receipt of a service request, CC will respond within 48 hours by providing an invoice to the Customer. CC will not begin providing any services prior to receipt of the full payment described in the invoice.

2. Purchase Terms and Conditions

1. The Products are offered for sale through or online store and our Subscription Box service (the “Subscription Box”). By registering for a Subscription Box, you agree that: (1) CC (and our third party payment processing service) is authorized to charge you credit card for your Subscription Box, and that CC is authorized to charge you until such time that your Subscription Box is cancelled, (2) should you wish to temporarily or permanently cancel your Subscription Box, you shall provide us with a cancellation notice prior to your next billing cycle, otherwise you will receive the Subscription Box as scheduled, (3) the amount you will be charged per box may change if you modify your plan selection, benefit from a Credit, or if there are changes to applicable taxes or other charges, and (4) CC provides a curated selection of hair care and skin care products which may or may not be suitable to your individual needs and preferences.

2. Before you may purchase a Subscription Box, you must create a personal account (an “Account”) on the Website by providing your name and email and choosing a unique username and password (the “Credentials”). By creating an Account, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website; (2) maintain and promptly update your Credentials to keep them true, accurate, current and complete; and (3) enter valid payment information (if required). Within an Account, you can select a Subscription Box, specify your delivery address and instructions, make changes to your order, cancel a Subscription Box service, and select additional services from CC for purchase. Users may only create one Account per individual or corporation. You must at all times provide accurate and truthful information regarding your identity when creating an account and may not create an Account for another individual without their explicit written permission. CC reserves the right to suspend or cancel an Account at its sole discretion at any time and for any reason upon notice to you.

3. All prices are shown in Canadian dollars (and are exclusive of applicable taxes and shipping costs).

4. CC accepts no liability to complete any transaction which cannot be cleared by CC’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to the Subscription Box and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to us.

5. You are responsible for inspecting items upon their delivery for any damage or other issues including but not limited to the Best Before Date of the Products you receive. All Products should be contained in air-tight containers and adequate packaging, including but not limited to, a safety seal and/or shrink wrap packaging. You are responsible for the Products as of the moment when the courier gives up custody of the Products in accordance with the instructions in your User Account. You are responsible for a Product degradation as a result of any events (including the passage of time) after the delivery of the Products. If you have any reason to believe that a Product in your delivery is not suitable for use, please contact us immediately at hello@curlsandconfidence.ca , including a detailed description of the issue and images of the product, showing the perceived defect if possible. 

6. We do not currently deliver Subscription Boxes to every region in Canada. To find out if we ship to your area, please contact us at hello@curlsandconfidence.ca.

7. CC uses third party services for shipping and therefore all Products purchased are made pursuant to a shipment contract whereby the title to and the risk of loss of such products passes to you upon delivery of the products to you. Following the delivery, the condition and use of the Products are at your own risk, and you are solely responsible for the proper and safe use and storage of the Products. CC is not responsible or liable for any action(s) or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a third party.

8. Shipping times and dates are estimates and actuals may vary due to weather conditions and other factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will attempt to deliver your Products on the following day. In the event that we remain unable to deliver your Products on the day which follows your original scheduled delivery day, we will issue you a credit for the purchase price of that delivery. You are responsible for the purchase price of the Products if we are unable to make your delivery at your confirmed address at the specified time due to reasons caused by you.

9. CC offers a delivery and pick up service for in-person delivery of the Products. Customers who request a pickup will be provided with a one-time delivery code which must be provided to the CC representative at the time of the pick up. If you complete your transaction and have submitted a request to pick up the goods, CC will contact you to arrange the pickup date, time, and location. Please allow 2-3 days to make arrangements for pick up. The order must be paid in full, at the discretion of CC, prior to the release of goods. No refund or credit will be available in the event of a missed pick up. If for any reason CC is unable to deliver the goods to you, you will send a delivery fee of 8.99 CAD to CC and the products will be sent to you by post or courier. CC’s delivery and pick up service is offered at the sole discretion of CC and may be discontinued at any time or from time to time.

10. CC considers the delivery to be complete when the third party courier service arrives and surrenders custody of the Products in accordance with the delivery instructions you have specified in your User Account. CC will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no individual present at the location specified in the delivery instructions, the shipping company will leave the package unattended at the address or location you have specified. You are responsible for ensuring the clarity and completeness of the delivery instructions provided to CC and/or its shipping company.

11. We may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of Products (a “Special Offer”). The terms of a Special Offer shall be contained or otherwise transmitted therewith and otherwise governed accordingly. 

12. At our sole discretion, CC may issue credits of a promotional value that will be automatically applied to future purchases made by way of your User Account or otherwise applied to your Subscription, as applicable (a “Credit”). Credits, are promotional in nature, are not transferable, may only be redeemed as instructed by us and are not exchangeable for cash or other property. CC may also from time to time create promotional offerings through the Website or otherwise at its sole discretion. In such event, the terms of such offering will be specified on the Website.

13. Credits only remain available if you maintain both an active User Account and an active Subscription Box. Cancelling your Subscription Box or User Account will result in the cancellation of any existing Credits. You may only redeem Credits after they are applied to your User Account. In the event of any dispute regarding Credits, CC will make a determination which shall be final and binding.

14. You may cancel your User Account or your Subscription Box at any time by contacting us by email at hello@curlsandconfidence.ca or by phone at 647-948-5763 (Mon-Fri 8AM-8PM, Sat-Sun 9AM-5PM) subject to our Refund Policy. CC also reserves the right to suspend or end the Service or Subscription Box if you in breach of this Agreement, or for any other reason subject to this Agreement.

3. Fees

1. The fees payable in connection with any Services (the “Fees”) will be specified on the Website or on an invoice provided to Customers prior to the commencement of Services. Fees must be paid in full prior to CC preparing an item for delivery to the Customer. In the event of any discrepancy, other than a pricing discrepancy, between the Services listed on the Website and those listed elsewhere, the Services listed on the Website shall prevail and the other listing shall be duly amended upon notice to CC of the discrepancy. All Fees are denominated in CDN dollars and are exclusive of any applicable taxes.

2. Fees may be paid by way of e-transfer, PayPal, Apple Pay, Google Pay, check or credit card. You represent and warrant that you are authorized to use the payment method you designate to CC. You authorize CC to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Services you have ordered may be suspended or cancelled.

3. In the event that any cheque, deposit, and/or financial instrument is rejected by Curls and Confidence’s financial institution, the Customer acknowledges and agrees that Curls and Confidence shall invoice the Customer in the amount of $50.00 for all fees and administrative time associated with the rejected cheque and/or financial instrument.

4. All disbursements, including but not limited to packaging and shipping costs, incurred in the execution of the Services shall be in addition to the stated Fees paid to Curls and Confidence. Curls and Confidence’s invoices for Fees and disbursements shall be paid upon receipt. However, if any amount remains unpaid 30 days after the date of an invoice, it is agreed that the unpaid portion shall bear interest at the rate of 12% per annum, calculated from the date of the

5. CC may from time to time accept alternative payment methods not listed herein. Acceptance of alternative payment methods is at the sole discretion of CC. Instructions for alternative payment options will be listed on the Website when available, which availability may be withdrawn by CC at any time or from time to time at CC’s sole discretion. 

6. In the event of an error in connection with the pricing or charging of any Services, CC reserves the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 30 days of the date of the billing statement in which such error first appeared. 

4. Processing of Customer Payment

All Customer payments for Services must be paid immediately on the payment processing page on the Website or within 30 days from the date of receipt of an invoice from CC. Payments may be processed through a third-party payment processing service from time to time. Customers shall make all payments in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. CC reserves the right at any time to change its prices and billing methods, either immediately upon posting on the CC website or by email delivery to you.

5. Taxes

The Customer takes sole responsibility for the payment of any Sales Tax and any related penalties or interest to the relevant tax authority if they fail to pay the Sales Tax for the Services. The Customer will indemnify CC for any liability or expense we may incur in connection with such Sales Taxes. The User may be required to provide CC with evidence that they have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that CC is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax

6. Cancellation Policy

Customers may cancel an order at any time prior to making a payment on CC’s payment processing page on our website. Following receipt of a Customer payment, an order may only be cancelled in accordance with CC’s Refund Policy, described below.

7. Termination of Agreement and Refund Policy 

CC reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and the Customer shall be notified of the termination within twenty four (24) hours. No refunds shall be offered where a Service is deemed to have been completed by CC in its sole discretion. Any monies that have been paid to CC which constitute payment in respect of the provision of unused Services may be refunded at the request of the Customer. Any items received by the Customer in damaged or altered condition may be returned within fifteen (15) days receipt thereof for a full refund of the purchase price. Refunds may also be available on a case by case basis at CC’s sole discretion by contacting hello@curlsandconfidence.ca. 

8. BRAND TERMS AND CONDITIONS

1. Curls and Confidence features products from various companies (“Brands”) both for online sale and as part of our Subscription Box. Brands are sourced independently by Curls and Confidence at our sole discretion. Curls and Confidence reserves the right to remove a Brand from its website and/or services at any time and for any reason without notice. Receipt of Brand products is always completed in accordance with a Curls and Confidence Brand Agreement, which is subject to this Agreement and incorporated by reference. 

2. Products sent to CC by a Brand must be delivered to CC’s head office address in sealed packages and in excellent condition. All items must be securely packaged, and stored in plastic, glass, metal, or eco-friendly paper containers where appropriate, as determined by CC. Upon receipt, CC will inspect all items to determine authenticity and quality (the “Inspection”). Items will only be deemed to be in CC’s physical possession upon successful completion of an Inspection, which determination shall be at CC’s sole discretion. Items that fail the Inspection will not be accepted and will be returned to the Brand at the Brand’s sole expense.

3. By providing products to CC and/or entering into a Brand Agreement with CC, Brands agree to have their products featured on the CC website and/or in a Subscription Box. Products must be delivered to CC three (3) months prior to the products being featured in a Subscription Box. All border, P.O. box, Duty, custom, and like fees will be paid by Curls and Confidence upon receipt of proof of payment from the Brand. 

4. Brands receive the benefit of social media influencer marketing (an “Influencer” is defined as any individual with a social media following on any one platform of at least 10,000 followers or equivalent), exposure, pictures and video content, and email advertising through Curls and Confidence (“Promotion”). Any and all Promotion is done at CC’s sole discretion and may be subject to change at any time without notice. Curls and Confidence will represent the Brand’s values and accurately position the Brand in a favourable position among our users and Influencers. The Brand must make available to CC its logo and images for branding, marketing, and promotional purposes. For each Brand, Curls and Confidence will create a minimum of (4) four YouTube videos and distribute a minimum of ten (10) boxes to Influencers of CC’s choosing. CC reserves full creative control over all content creation and Influencer outreach. Brands may work with Influencers who have received their products from CC. Brands must not take any action which may limit CC’s access to or relationship with an Influencer. Brands may request the removal of their products or brand name from the CC website at any time by sending a written notice to partnership@curlsandconfidence.ca.

5. Brands may use of the CC name, image, or likeness subject to the terms of this Agreement. If a Brand reposts or uses content from a CC affiliate, the Brand must include the words “Products received by Curls and Confidence” either on the image/video itself, or in the associated caption.

6. Brands are not partners, joint venturers, employees, agents, or legal representatives of Curls and Confidence and no fiduciaries duties shall exist between the Brand and Curls and Confidence.

7. IN NO EVENT WILL CC’S LIABILITY TO A BRAND EXCEED THE NET AMOUNT OF ALL MONIES OR EQUIVALENT VALUE RECEIVED BY CC FROM THE BRAND. THE FOREGOING DISCLAIMER AND LIMITATION IS FUNDAMENTAL TO CC ENTERING INTO A BRAND AGREEMENT, AND CC WOULD NOT ENTER INTO A BRAND AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.

9. CONSIGNMENT TERMS AND CONDITIONS

1. Curls and Confidence will occasionally offer products for sale on the Website or in a Subscription Box which are purchased from a Brand (referred to in this section as a “Consignor”) on a consignment basis. Such sales are completed in accordance with a Curls and Confidence’s Consignment Agreement, which is subject to this Agreement and incorporated by reference. 

2. If the property received subject to a Consignment Agreement (the “Property”) is damaged or lost while in CC’s physical possession, CC will reimburse the Consignor in the amount of the Consignor’s Commission (defined below), based on the damaged or lost Property's net selling price(s), as determined solely by CC. This remedy shall constitute the sole remedy and entire recourse of a Consignor against CC and is acknowledged and accepted by Consignor as a limitation to the liability of CC.

3. Property shall be delivered in accordance with a delivery schedule or upon request by CC, allowing a reasonable amount of time for packaging and delivery. A late charge equal to 2% of the net selling price of the items of Property shall be assessed against a Consignor for any late deliveries.

4. Upon expiry of the Consignment Period, the Consignor and CC may together elect to transfer the expired item of Property from consignment to wholesale. Such election may be presented in writing by either party and must be confirmed in writing by both the Consignor and CC. Upon such confirmation, all items contemplated by the transfer shall become subject to this Agreement.

5. In the event of any dispute between the Parties, CC shall have no obligation to pay any Commission or other amount otherwise due to a Consignor, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. CC shall be entitled to withhold any Commissions (including any otherwise due) in full or partial satisfaction of any amounts due to CC.

6. At any time during the Consignment Period, the Consignor may require the removal of all or some of the Property from CC’s service, with reasonable written notice to CC. All costs of removing and returning the Property will be borne by the Consignor and CC shall have no obligation to return such items unless and until the Consignor has provided for shipping at its sole expense. Additionally, if the Consignor requests the return of Property prior to the end of the Consignment Period, there will be a fee of $50 per item to cover CC’s costs of storing, cataloging and photographing the Property, and the Consignor will be responsible for payment of all costs prior to any items being returned to the Consignor. CC may elect in its sole discretion, at any time and for any reason, to remove any item of Property from its website or sales offerings and/or to return an item of Property to the Consignor, in which event CC shall pay for return shipping. 

7. The Consignor acknowledges and agrees that these terms may be changed by notice posted on CC’s website at www.curlsandconfidence.ca/terms. CC will use reasonable efforts to notify all Consignors of such changes, however, CC does not guarantee it will notify a Consignor in the event of any and all changes.

8. Upon acceptance of the Property, CC will display and make commercially reasonable efforts to sell the Property as part of its online store and/or subscription service. The Consignor acknowledges and agrees that CC will designate and describe the Property on its website and through its sales channels as it deems appropriate. The selling price for the Property will be set by CC, and CC may change the price at its sole discretion from time to time without notice to the Consignor. CC reserves the right to run promotions on its website and by other means and to offer discounts to its customers for the Property at its sole discretion. The Consignor acknowledges and agrees that items of its Property consigned to CC may be advertised, displayed and sold with items belonging to other consignors.

9. CC shall not offer any warranties on any item of Property, except to the extent that such warranty is required by law and cannot be disclaimed.

10. The Consignor must hold good and marketable title to each item of Property, none of which may be subject to any liens or other encumbrances, and represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any provincial or federal law, or any administrative regulation. 

11. The Consignor shall indemnify and hold CC harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees and costs, that may arise for any reason as a result of CC’s receipt, storage, distribution, display, marketing, promotion, or sale of the Property and from any and all tax liabilities incurred by Consignor.

12. The Consignor must immediately notify CC of any defect, flaw, or health or safety issue with any item of Property and will indemnify and hold CC harmless from any and all damages arising in any way whatsoever from the possession or use of the Property.

13. Property subject to a Consignment Agreement must be delivered to CC’s head office address in sealed packages and in excellent condition. All items of the Property must be individually packaged, and stored in plastic containers where appropriate, as determined by CC. Upon receipt, CC will inspect the Property to determine its authenticity and quality (the “Inspection”). Property will only be deemed to be in CC’s physical possession upon successful completion of an Inspection, which determination shall be at CC’s sole discretion. Property that fails the Inspection will not be accepted and will be returned to Consignor at Consignor’s sole expense.

14. IN NO EVENT WILL CC’S LIABILITY TO A CONSIGNOR EXCEED THE NET AMOUNTS IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING CONSIGNOR’S PROPERTY. THE FOREGOING DISCLAIMER AND LIMITATION IS FUNDAMENTAL TO CC ENTERING INTO A CONSIGNMENT AGREEMENT, AND CC WOULD NOT ENTER INTO A CONSIGNMENT AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.

10. Limited License for Website

 Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, CC grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access the CC Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, solely as permitted under these Terms (the “License”). CC and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by CC for any reason at CC’s sole discretion.

11. Use of CC Website

When accessing or using the CC Website, you agree that you will not violate any law, contract, or intellectual property or act in any way which may cause harm to another User. All users of the Website must adhere to CC’s safe use standards, including but not limited to:

1. No unauthorized use of the CC Website;
2. No using the Website to transmit unsolicited commercial emails or other messages through the CC Website;
3. No copying of the content of the CC Website or any of its underlying source code;
4. No removing, altering, or obscuring any copyright or other proprietary notices of CC or its affiliates or licensors in any portion of the CC Website;
5. No uploading to the Website of any content or material which may harm, injure, damage, or otherwise risk the safety, wellbeing, or commercial operations of a User or of CC, or that contains any virus, malware, or other malicious coding;
6. No obscuring or disabling any content that appears on or through the CC Website;
7. No copying or collecting data from the CC Website or using the Website to in any way attempt to collect data or breach the security of Website users; and
8. No violating of any requirements, policies, procedures or regulations of a third party service which is connected to the CC Website; 

(the “Safe Use Standards”)

If you violate any of the foregoing, CC reserves the right to suspend or terminate your access to and use of the CC Website and/or the Services immediately without notice. CC also reserves the right to pursue any remedy it deems appropriate under the circumstances if you are found to be in violation of our Safe Use Standards.

12. Intellectual Property Rights

Unless otherwise indicated, the CC Website and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the CC Website, including, without limitation, the CC logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Curls and Confidence or its affiliates or licensors, and are protected by Canadian and international copyright laws and other intellectual property rights laws.

13. Trademarks

Curls and Confidence, www.curlsandconfidence.ca, and other Curls and Confidence graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks of CC, and may not be copied, imitated, or used, in whole or in part, without CC’s prior written consent. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by CC.

14. Communications

CC reserves the right to contact you from time to time for feedback regarding the Paid Services. CC will also contact any User who files a complaint with CC regarding a representative of CC or the Services overall. Notices to Users will be deemed effective at the time they are sent by CC or as of the date they are posted on the Website.

15. Maintenance and Support

CC is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to hello@curlsandconfidence.ca.

16. Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the services of a third party contracted by CC.

17. Limitation of Liability

1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT FOR A BREACH OF CONFIDENTIALITY, IN NO EVENT WILL CURLS AND CONFIDENCE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR LIKE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO PERSONAL PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (1) YOUR USE OR INABILITY TO USE CC DISTRIBUTED PRODUCTS AND/OR A SUBSCRIPTION BOX, (2) YOUR USE OF CC PROPERTIES, CC’S SERVICES, THE CURLS AND CONFIDENCE WEBSITE, OR ANY CC CONTENT, (3) YOUR ENTERING INTO OR ANY ACTION ARISING FROM OR AS A CONSEQUENCE OF A BRAND AGREEMENT WITH CC, (4) YOUR ENTERING INTO OR ANY ACTION ARISING FROM OR AS A CONSEQUENCE OF A CONSIGNMENT AGREEMENT WITH CC OR (4) FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH CC OR ITS REPRESENTATIVES HOWEVER CAUSED. 

2. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CC’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO CC.

3. WITHOUT LIMITING AND IN ADDITION TO THE FOREGOING, NEITHER CC NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "CC PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SERVICES PROVIDED BY CC WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE CC WEBSITE, MATERIALS OR SERVICES SOLD THROUGH THE CC WEBSITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE, (III) THAT YOUR PRODUCTS WILL IN FACT BE SOLD SUBJECT TO A CONSIGNMENT AGREEMENT OR BRAND AGREEMENT, (IV) THAT YOUR PRODUCTS WILL IN FACT BE ADVERTISED, FEATURED, OR OTHERWISE OFFERED FOR SALE OR IN A PROMOTIONAL CAPACITY SUBJECT TO A CONSIGNMENT AGREEMENT OR BRAND AGREEMENT, or (V) THAT YOUR EXPERIENCE WITH CC’S SERVICES WILL MEET YOUR INDIVIDUAL EXPECTATIONS.

18. Indemnification

1. YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS CURLS AND CONFIDENCE, ITS PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “CC PARTIES”) FROM ALL DAMAGES, LOSSES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM (A) ANY NEGLIGENT ACTS, OMISSIONS OR WILLFUL MISCONDUCT BY YOU, (B) YOUR USE OF CC’S SERVICES OR PRODUCTS, (C) ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, (D) ANY ACTIONS TAKEN UNDER OR SUBJECT TO A CONSIGNMENT AGREEMENT OR BRAND AGREEMENT, AND/OR (D) YOUR VIOLATION OF ANY LAW OR OF ANY RIGHTS OF ANY THIRD PARTY.

2. CURLS AND CONFIDENCE RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH CC IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS AND CONDITIONS, OR YOUR ACCESS TO THE CC WEBSITE.

19. Curls and Confidence Name and Address

CC’s contact information for any end-user questions, complaints or claims with respect to CC’s Website is christina@curlsandconfidence.ca.

20. Availability

1. Unless otherwise stated, this website is only available within Canada, or in relation to postings from Canada. All advertising is intended solely for the Canadian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of CC. CC does not warrant that your access to the Website will be uninterrupted, timely or error free, although it is provided to the best ability.

2. CC attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, CC does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall CC be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.

21. General

1. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to any conflict of laws or rules or principles which might refer to the governance or construction of the Agreement to the laws of another jurisdiction. Any action by or against either party arising out of the Agreement or the execution or performance thereof shall only be brought before and settled by the court of the province of Ontario, Canada and to that effect the Parties herein elect domicile in the city and district of Toronto, Province of Ontario; 

2. 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.

3. Failure of CC to enforce any of the provisions set out in these Terms or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part thereof, or the right thereafter to enforce each and every provision.

4. This Terms of Service is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.

5. Notwithstanding any other provisions of this Terms of Service, you acknowledge and agree that CC may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms of Service in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.

6. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of CC.

7. By using the CC website, purchasing any items through CC, or using CC’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Agreement thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Agreement and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Agreement.

22. Notification of Changes

CC reserves the right to change these Terms from time to time as it sees fit and the continued use of the Website or Services will signify the Customer’s acceptance of any adjustment to these Terms. If there are any changes in how CC uses Customer’s information, notification by e-mail or postal mail will be made to those affected by this change. In the event of any changes to services confirmed in a Mandate Agreement, a notification will be provided to the Customer explaining the nature of the changes. You are therefore advised to re-read this statement on a regular basis.