Terms of Service

Terms of Use

1. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the School’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer
The materials on the School’s website are provided ‘as is’. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

7. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user’s own risk.

8. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

9. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Online course Terms and Service: 

These terms and conditions (the “Terms”) apply to your access to and use of all online courses, including content, material and services (collectively, the “Services”) provided by Vybrows Inc. through Vybrows’s website at www.vybrowsacademy.com

By accessing, purchasing and using the Services, you hereby acknowledge that you are bound by these Terms, in addition to all applicable laws in California and the United States
THESE TERMS ARE IN ADDITION TO THE WEBSITE DISCLAIMER.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PBL’S ONLINE COURSE AND PRINT A COPY FOR YOUR RECORDS. These terms contain important information regarding your legal rights, obligations and remedies.  If you have not read these Terms in their entirety and/or do not agree to these Terms, you must immediately cease from accessing, purchasing and using the Services.

1. DEFINITIONS
“Account” means the account you registered with Vybrows when you ordered and purchased the Services.
“Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work available through our Service.
“Course(s)” means any course offered by  Vybrows and delivered to the student through the internet.
“Permanent Makeup” means the cosmetic technique of using tattoos to resemble makeup.
“Personal Information” has the definition as set out in the Personal Information Protection Act, including, but not limited to your name, age, cookies and contact details, including your telephone number, email address and resident address
“Property” has the meaning listed in Paragraph 5.
“Services” means all online courses, including content, material and services.
“Terms” means this entire agreement, as a whole, or as severed according to Paragraph 11.

2. SERVICES

Amendments to Terms
 Vybrows reserves the right to amend these Terms at any time. Each amendment will be emailed to you, if you provided us with your email address, before or on the date the amendment comes into force.  If you do not agree to any amendment, you may terminate your agreement to these Terms by immediately ceasing use of the Services.

Eligibility
The Services are intended solely for users who are at least 18 years of age (or the age of majority in your Province or State, if older).  The registration of, access to, or use of the Services by anyone under the age of majority is strictly prohibited and in violation of these terms.
We may, in our sole discretion, immediately terminate your Account, without notice and without refund of any funds paid into the Services if we verily believe that you have not met the eligibility requirements.

Online Courses
We may change what Courses are available from time to time without notice.
You acknowledge and agree that the Courses are not intended to replace hands on or in person experience, our Services are offered for general education information purposes only to continue your education in Permanent Makeup.
RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE CONDUCT, ABILITY OR EFFECTIVENESS, ACCURACY, COMPLETENESS, TIMELINES, ADVICE OR SERVICES PROVIDED THROUGH OUR SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LEGISLATION IN YOUR AREA.
You agree to provide current and accurate information including, name, contact information and billing information for all purchases made through our Services.  You will be solely responsible and liable for any loss, damage and/or additional costs that you or us incur as a result of any false, incorrect or incomplete information.
Upon completion and successful payment of your order, a legally binding contract is created between Vybrows and you.  We will provide you an email receipt with important information regarding your order.

COURSE TERMS:
The Course does not have a structured start date, which means you may begin it at any time. Whether or not the Course has been completed, it will expire the following amount of time after purchase: 3 months.
At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

Pricing and Payment

All prices are listed in US dollars.  When you purchase our E-course, you agree to this Terms of Use and Liability Waiver. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.

Refund Policy
ALL COURSES ARE NON-REFUNDABLE. No refunds are issued for online courses once a sale is completed. If there is an issue with your order, you must contact us immediately.

3. PRIVACY

Collection of Personal Information
As part of your registration process, we may collect your Personal Information such as your name, age, cookies and contact details, including your telephone number, email address and resident address.

Purpose
The collection of your Personal Information is strictly for Vybrows’s use including, but not limited to, our client/student file,  Vybrows’s email list, to send various updates on new courses, these terms, and any amendments that may affect you.  We will take reasonable steps to ensure your Personal Information is secure.

Disclosure
We may disclose your Personal Information if we are required to do so by law, or if you violate these terms for the purposes of litigation, if required.

4. PRIVACY

Responsibility
Once you register and create an Account, you are solely responsible for your account, including but not limited to the confidentiality and security of your Account.
You agree and acknowledge that when creating an account, you will provide current and accurate information.

Unauthorized Use
Your Account is password protected and you will be deemed to be authorized access to and use of the Services in a manner consistent with these Terms.
You must not create and account on behalf of any individual but yourself.

5. OWNERSHIP OF CONTENT
You acknowledge that any information, data, products, instructions, materials, supplies, processes, techniques, systems, software, databases,  hardware, tools, utilities, methodologies, specifications, techniques and any other materials, documents, and information or other property owned, held or acquired by  Vybrows and such things howsoever and whatsoever resulting from the purchase of the Services pursuant or related to these Terms (the “Property”) are, and shall remain, the sole property of  Vybrows including any and all intellectual property of  Vybrows.
You shall not make any unauthorized use of the Property. The obligations contained in this section shall survive these Terms.
You acknowledge that all Content is licensed to you in accordance with these Terms only.  You are not permitted to use any trademarks, logos, or service marks displayed on or through the Service for any purpose.

6. OWNERSHIP OF CONTENT
Subject to these Terms, we authorize you access to the Services as a personal, non-exclusive, non-transferrable limited licence to use the Services for non-commercial purposes.
You may not directly or indirectly, unless we explicitly authorize you to do so:

• Modify, copy or reproduce any Content provided through the Service
• Use the Content for any commercial purpose
• Distribute, transmit or publicly publish or display the Content
• Sell or transfer the content to any other individual
• Remove any logos, copyright materials

We may immediately suspend, terminate and take legal action for any of the aforementioned unauthorized uses of our Content.

6. DISCLAIMERS, LIABILITY, AND INDEMNITY

Release of Liability and Indemnity 
In no event will  Vybrows be liable for any direct or indirect, special, incidental, contingent, consequential or punitive damages, or any other kind of damages or loss whatsoever.
You release and agree not to make any claim or demand, or commence legal action against Vybrows for damages, compensation, loss or any relief whatsoever in respect of any cause or matter relating to the procedure or any and all results of the Services.  You agree that these Terms shall operate conclusively as an estoppel in the event any such claim, action or proceeding and may be pleaded accordingly.

Disclaimer of Warranties
Except as expressly set forth in these Terms, you acknowledge and agree that the services are provided as-is, that you solely assume all risks and liability arising from or relating to your use of and reliance upon the Services. Vybrows, to the maximum extent permitted by applicable law, makes no representation or warranty with respect thereto. Except as expressly set forth in these Terms, to the maximum extent permitted by applicable law, Vybrows hereby expressly disclaims all representations and warranties regarding the services, whether express or implied, either in fact or by operation of law, by statute or otherwise, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of any Service for a particular purpose.

Assignment 
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

Entire Agreement 
These Terms are the entire agreement of the parties and there are no other provisions or conditions in any other agreement, whether oral or written, having any effect on these Terms. These Terms supersedes any prior written or oral agreements between the parties.

Force Majeure 
Vybrows shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in Vybrows’s family, illness of owner’s of PBL, Government edict or regulation.

Severability 
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision is deemed to be written, construed, and enforced as so limited.

Binding Effect 
These Terms shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns.

Notices 
You can contact us by emailing us at vybrows1@gmail.com

Governing Law 
These Terms shall be governed by and construed in accordance with the laws of California, USA.  Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within California.  The parties attorn to the jurisdiction the Courts of California and agree to such a forum.