PRIVACY POLICY & TERMS AND CONDITIONS

PRIVACY POLICY

The Personal Information Protection Policy of Beautitude is modeled after the principles set out in the national standard of Canada entitled “Model code for the protection of personal information” (CAN/CSA-Q830-96).

Nothing in this Personal Information Protection Policy (the “Policy”) has the effect of creating obligations for Beautitude beyond those imposed by applicable laws and regulations pertaining to protection of personal information.

 

In this Policy:

 

  • Personal Information” means any information which relates to a natural person and allows that person to be identified.

 

  • Individual” or “you” refer to you as a customer of Beautitude or as a user of any of its services.

 

This Policy covers the following aspects of Personal Information protection:

 

  1. Accountability
  2. Purposes
  3. Consent
  4. Limited collection
  5. Limited use, disclosure and retention
  6. Accuracy
  7. Safeguards
  8. Openness
  9. Individual access
  10. Challenging compliance

 

 

SUMMARY OF THE POLICY

 

  1. ACCOUNTABILITY: Beautitude has designated an individual or individuals accountable for Beautitude’s compliance with this Policy.

 

  1. PURPOSES: The purposes for which Personal Information is collected will generally be identified by Beautitude at or before the time the information is collected.

 

  1. CONSENT: Your knowledge and consent are required for the collection, use, or disclosure of your Personal Information, except where inappropriate.

 

  1. LIMITED COLLECTION: The collection of Personal Information will be limited to that which is necessary for the purposes identified by Beautitude. Information will be collected by fair and lawful means.

 

  1. LIMITED USE, DISCLOSURE AND RETENTION:Personal Information will not be kept, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.

 

  1. ACCURACY: Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

 

  1. SAFEGUARDS: Personal Information will be protected by security safeguards appropriate to the sensitivity of the information.

 

  1. OPENNESS: Beautitude will make readily available to you specific information about its policies and practices relating to the management of Personal Information.

 

  1. INDIVIDUAL ACCESS: Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will be given access to that information. You will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

 

  1. CHALLENGING COMPLIANCE: You may address a challenge concerning Beautitude’s compliance with this Policy to the designated individual or individuals accountable for such compliance.

 

 

MANAGEMENT OF PERSONAL INFORMATION

 

The name or title and the address, of the person who is accountable for Beautitude’s policies and practices and to whom complaints or inquiries can be forwarded are:

 

            Privacy Officer

            2790, Jacques-Bureau avenue

            Laval, Quebec

H7P 6B3

info@beautitude.ca

 

DETAILS OF THE POLICY

 

  1. Accountability

Beautitude has designated an individual or individuals accountable for Beautitude’s compliance with the following Policy.

Accountability for Beautitude’s compliance with this Policy rests with the designated individual(s), even though other individuals within Beautitude may be responsible for the day-to-day collection and processing of Personal Information. Other individuals within Beautitude may be delegated to act on behalf of the designated individual(s).

The identity of the individual(s) designated by Beautitude to oversee Beautitude’s compliance with this Policy will be made known upon request.

 

  1. Purposes

The purposes for which Personal Information is collected will generally be identified by Beautitude at or before the time the information is collected.

Beautitude will document the purposes for which Personal Information is collected depending upon the way in which the information is collected, this can be done orally or in writing. An online application form or notes related thereto, for example, may give notice of the purposes.

Identifying the purposes for which Personal Information is collected at or before the time of collection allows Beautitude to determine the information it needs to collect to fulfil these purposes. Beautitude will collect only the information necessary for the purposes that have been identified.

The current purposes for which Beautitude may collect your Personal Information include:

  • Providing, maintaining and improving Beautitude services;
  • Allowing Beautitude to perform internal operations in relation with its Services;
  • Tracking data related to the services;
  • Personalizing and improving the services.

An example of a self-evident purpose is requesting the name and address of the person placing an order in order to ensure proper delivery.

When Personal Information that has been collected is to be used for a purpose not previously identified, the new purpose will be identified and documented prior to use. Unless the new purpose is required by law, the consent of the Individual will be requested before information can be used for that purpose.

Beautitude will be able to explain to Individuals the purposes for which the information is being collected.

 

  1. Consent

Your knowledge and consent are required for the collection, use or disclosure of Personal Information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.)

Consent to the collection, communication or use of Personal Information will be manifest, free and enlightened, and will be given for specific purposes. Such consent will be valid only for the length of time needed to achieve the purposes for which it was requested.

Typically, Beautitude will seek consent for the use or disclosure of the information at or before the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Beautitude wants to use information for a purpose not previously identified).

To make the consent meaningful, the purposes for which the information will be used will be stated in such a manner that the Individual can reasonably understand how the information may be used or disclosed.

Beautitude will not, as a condition of the supply of a product or service, require an Individual to consent to the collection, use or disclosure of information beyond that required to fulfil the purposes.

The form of the consent sought by Beautitude may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, Beautitude will take into account the sensitivity of the information.

The way in which Beautitude seeks consent may vary, depending on the circumstances and the type of information collected. Beautitude will generally seek express consent when the information is likely to be considered sensitive. Implied consent may generally be appropriate when the information is less sensitive. Consent can also be given by an authorized representative (such as a legal guardian or a person having power of attorney). Consent will not be obtained through deception.

Individuals can give consent in many ways. For example:

  • an online application form may be used to seek consent, collect information and inform the Individual of the use that will be made of the information. By completing and sending the form, the Individual is giving consent to the collection and the specified uses;
  • a checkbox may be used to allow individuals to agree that their names and addresses be given to other organizations;
  • consent may be given orally when information is collected over the telephone; or
  • consent may be given at the time that Individuals purchase a product.

 

  1. Limited Collection

The collection of Personal Information will be limited to that which is necessary for the purposes identified by Beautitude. Information will be collected by fair and lawful means.

Beautitude will specify the type of information collected as part of their information-handling policies and practices.

Beautitude may establish a file on an Individual.

 

  1. LIMITED USE, DISCLOSURE AND RETENTION

Personal Information will not be kept, used or disclosed for purposes other than those for which it was collected, except your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.

Beautitude will develop guidelines and implement procedures with respect to the retention and destruction of Personal Information. These guidelines and procedures will include minimum and maximum retention periods. (Beautitude may be subject to legislative requirements with respect to retention periods.)

Beautitude will not communicate to a third person the Personal Information on an Individual unless the Individual consents thereto or such communication or use is provided for by law.

  1. Accuracy

Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Personal Information that is used on an ongoing basis, including information that may be disclosed to third parties, will be generally accurate and up-to-date, unless limits to the requirement for accuracy are set out.

Beautitude will not routinely update Personal Information, unless such a process is necessary to fulfil the purposes for which the information was collected.

The extent to which Personal Information will be accurate, complete and up-to-date will depend upon input (i) from the Individual or (ii) resulting from data generated by the Individual using Beautitude products or services, and the use of the information, taking into account the interests of the Individual.

 

  1. Safeguards

Personal Information will be protected by security safeguards appropriate to the sensitivity of the information.

Beautitude will take the security measures necessary to ensure the protection of the Personal Information collected, used, communicated, kept or destroyed and that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.

The security safeguards of Beautitude will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.

The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information and the method of storage.

The methods of protection will include:

  • physical measures (such as restricted access to offices);
  • organizational measures (such as security clearances); and
  • technological measures (such as the use of passwords).

 

Beautitude will make its employees aware of the importance of maintaining the confidentiality of Personal Information, and care will be used in the disposal or destruction of Personal Information, to prevent unauthorized parties from gaining access to the information.

 

  1. Openness

Beautitude will make readily available to you specific information about its policies and practices relating to the management of Personal Information.

Information about our policies and practices relating to the management of personal information will be made readily available to individuals

  1. Individual Access

Upon request, an Individual will be informed of the existence, use and disclosure of his or her Personal Information and will generally be given access to that information. An Individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Upon request, Beautitude will inform you of the existence, use and disclosure of personal information relating to you, and give you access to that information. You have the right to challenge the accuracy and completeness of your information and have it amended as appropriate.

 However, in certain circumstances permitted by law, this information will not be disclosed to you. Some examples of these circumstances are information that contains references to other individuals, that cannot be disclosed for legal, security or commercial proprietary reasons, or that is subject to solicitor-client or litigation privilege.

 

  1. Challenging Compliance

An Individual may address a challenge concerning compliance with this Policy to the designated individual or individuals accountable for Beautitude’s compliance.

For anything to do with this Policy, including questions or comments, or to challenge our compliance with this Policy, please contact us as follows:


email: info@beautitude.ca

 

Beautitude will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.

TERMS AND CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW). IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

  1. Acceptance of Terms of Service

This is an agreement between Beautitude ("Company"), the owner and operator of www.Beautitude.ca (the "Site"), and you ("you"), a user of the Site. By using the Site you acknowledge and agree to these Terms of Service and the Privacy Policy. If you choose to not agree with any of these terms, you may not use the Site.

  1. Changes to Terms of Service

2.1.     Right to Change Terms. Beautitude may amend this Agreement or any section of this Agreement, in whole or in part, at any time by posting amendments to its Site from time to time.

2.2.     Notice of Amendment. Unless Beautitude makes a change for legal or administrative reasons, Beautitude will provide reasonable advance notice before the amendment become effective. You agree that Beautitude may notify you of the amendment by posting them on the Site.

2.3.     Effective Date of Amendment. Any amendment made to this Agreement will be effective as of your next use of the Site subsequent to such amendment.

2.4.     Acceptance of Amendment. Your use of the Site after the effective date of an amendment constitutes your agreement to such amendment. You should review such amendment before using the Site.

  1. Use of Site

3.1.     Access. Subject to your full compliance with this Agreement, Beautitude grants you during the term of this Agreement a limited, non-exclusive, non-transferable authorization to access the Site for your personal and non-commercial use.

3.2.     Proprietary Rights. All right, title, and interest in and to the Site are and will remain the exclusive property of Beautitude. The Site is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site.

3.3.     User Conduct. You may not engage in any of the following prohibited activities:

3.3.1.            accessing, tampering with, or using any non-public areas of the Site;

3.3.2.            attempting to probe, scan, or test the vulnerability of the Site or any related system or network or breach any security or authentication measures used in connection with the Site and such systems and networks;

3.3.3.            copying, distributing, licensing, loaning, publicly displaying, publicly performing, sublicensing or disclosing any part of the Site in any medium.

3.3.4.            modifying, altering or creating any derivative works of the Site, including removing or obscuring any copyright, trademark, or other proprietary rights notice on or in the Site;

3.3.5.            using any automated system, including without limitation "robots", "spiders," "offline readers," etc., to access the Site;

3.3.6.            attempting to decipher, decode, decompile, decrypt, disassemble or reverse engineer any part of the Site or otherwise attempt to derive any source code from the Site;

3.3.7.            transmitting spam, chain letters, or other unsolicited email;

3.3.8.            attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;

3.3.9.            harming or threatening to harm other users in any way or interfering with, or attempting to interfere with, the access of any user, host or network;

3.3.10.          taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure;

3.3.11.          uploading invalid data, viruses, worms, or other software agents through the Site;

3.3.12.          collecting or harvesting any personally identifiable information, including account names, from the Site;

3.3.13.          using the Site for any commercial solicitation purposes;

3.3.14.          impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

3.3.15.          interfering with the proper working of the Site;

3.3.16.          accessing any content on the Site through any technology or means other than those provided or authorized by the Site;

3.3.17.          bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or

3.3.18.          using the Site in an abusive way contrary to its intended use, to its documentation or to BEAUTITUDE’s reasonable instructions.

  1. User Content

4.1.     Content Ownership. You retain all ownership rights to content uploaded to the Site, if any.

4.2.     Content License. By submitting content to or through the Site, you grant Beautitude a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and Beautitude's business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

4.3.     Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that Beautitude is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Beautitude of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

4.4.     Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. Beautitude cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. Beautitude disclaims any responsibility or liability related to your access or use of any third party content.

  1. PRIVACY

For information about how Beautitude collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to Canada, the United States and/or other countries for storage, processing, and use by Beautitude.

  1. Acknowledgements

You acknowledge that:

6.1.     Beautitude own the Site and all intellectual property rights in and to it;

6.2.     The Site may now or later contain third party software that requires notices or additional terms, and if so, those notices and additional terms are incorporated by reference into this Agreement;

6.3.     Beautitude may collect and use non-personal technical information gathered as part of Beautitude operation of the Site, if any. Beautitude may use this information to improve its products and services, including the Site; and

6.4.     Beautitude has no obligation whatsoever resulting from this Agreement to furnish any maintenance and support services with respect to the Site.

  1. Termination

7.1.     Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.

7.2.     Termination by BEAUTITUDE. Beautitude may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, Beautitude may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

7.3.     Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.

7.4.     Survival of Provisions. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Beautitude or any third party.

  1. Disclaimers

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BEAUTITUDE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SITE, INCLUDING THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE WILL BE UNINTERRUPTED, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS OR PROBLEMS (“PROBLEMS”) OR THAT ALL PROBLEMS IN THE SITE WILL BE CORRECTED. BEAUTITUDE PROVIDES THE SITE “AS IS” AND “AS AVAILABLE” WITH ALL ITS FAULTS, DEFECTS AND ERRORS, AND WITHOUT ANY WARRANTY.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BEAUTITUDE’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT:

a)    ALL INFORMATION PROVIDED THROUGH THE SITE IS PROVIDED TO YOU FOR YOUR CONVENIENCE ONLY, WITHOUT ANY WARRANTY OF ANY KIND REGARDING ITS ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR QUALITY.

b)    BEAUTITUDE IS NOT PARTY TO ANY CONTRACTS WHICH MAY BE FORMED BETWEEN USERS OF THE SITE AS A RESULT OR IN THE COURSE OF THE USE OF THE SITE;

c)    BEAUTITUDE CANNOT BE OBLIGED TO PROVIDE ANY DISPUTE RESOLUTION SERVICES TO USERS AND CANNOT BE HELD RESPONSIBLE FOR ANY SITUATION ARISING FROM CONFLICTS BETWEEN USERS OR FROM ANY MALICIOUS OR FRAUDULENT ACT OR ACTIVITY BY ANY USER.

  1. Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BEAUTITUDE AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR YOUR USE OF OR INABILITY TO USE THE SITE, ITS CONTENT OR ANY ASSOCIATED SERVICE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE, WHETHER FORESEEABLE OR NOT, AND EVEN IF BEAUTITUDE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BEAUTITUDE IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BEAUTITUDE’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $10 (CAD). THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY RELEASE BEAUTITUDE FROM ANY LIABILITY RESULTING FROM INCONVENIENCES OR LATE FEES BY REASON OF YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE SITE.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Beautitude, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site. Beautitude may assume the exclusive defense and control of any matter for which you have agreed to indemnify Beautitude and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

  1. PRODUCT INFORMATION

The products displayed on the Sites can be ordered and delivered only within Canada. Beautitude products displayed on the Sites may be available in select Beautitude retail stores in Canada. All prices displayed Beautitude's Site are quoted in Canadian Dollars and are valid and effective only in Canada. If any minor uses any goods or product from Beautitude 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 Beautitude.

All material and information presented by Beautitude is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by Health Canada 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. Beautitude 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. Beautitude 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.

The products available on the Sites and the Interactive Services, including any samples Beautitude may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Beautitude. Beautitude reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Beautitude in its sole discretion.

 

  1. 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.

 

  1. gEnEral PROVISIONS

13.1.   This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.

13.2.   This Agreement is the entire and exclusive agreement between Beautitude and you regarding the Site, and this Agreement supersedes and replaces any prior agreements between Beautitude and you regarding the Site.

13.3.   A Party's failure or neglect to enforce any of rights under this Agreement will not be deemed to be a waiver of that Party's rights.

13.4.   Beautitude may deliver any notice required by this Agreement via pop-up window, dialog box or on-screen device, even though you may not receive the notice until you next access to the Site. Any such notice will be deemed delivered on the date we first make it available through the Site.

13.5.   You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Beautitude which consent is within Beautitude’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Beautitude shall be allowed to assign this Agreement to any third party without requiring your consent.

13.6.   Nothing in this Agreement shall constitute a partnership or joint venture between you and Beautitude.

13.7.   If a particular provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

13.8.   The headings used in this Agreement and its division into sections and other subdivisions do not affect its interpretation.

  1. Feedback AND CONTACT

14.1.   Feedback. You hereby grant Beautitude a perpetual, irrevocable, worldwide license to use any suggestion or idea for modifying any of Beautitude’s products or services, including without limitation all intellectual property rights in any such suggestion or idea (“Feedback”) that you communicate to BEAUTITUDE during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Beautitude’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Beautitude welcomes any comment, question and communication at Contact below.

14.2.      Contact

If you have any concern, end-user question, feedback or complaint or claims regarding the Site or this Agreement, please contact Beautitude at:

By phone: (514) 518-7233 between 9AM and 5PM, Standard Eastern Time

By mail:      BEAUTITUDE

                                        2790, Jacques-Bureau avenue

                                        Laval, Quebec, H7P 6B3

 

By e-mail: info@beautitude.ca

 
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