Last updated: March 28, 2019.
SECTION 1 - GENERAL
This website is operated by AG Hair. When you see the terms “we”, “us” and “our” used throughout the site, they refer to AG Hair and its affiliates, licensors, service providers and suppliers, and their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally. When you see the term “Website” it refers to https://aghair.com and/or https://us.aghair.com.
AG Hair offers this Website, including all information, tools and services available from our site to you on the condition that you accept all terms, conditions, policies and notices set out in our Terms of Service. Please read these Terms of Service carefully before accessing or using our Website. Each time you access or use any part of our Website, you are acknowledging that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
New features or tools, which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. For more information about Shopify’s Terms of Service follow this link: https://www.shopify.com/legal/terms.
SECTION 2 – ONLINE STORE TERMS
By agreeing to our Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.
Our products may not be used for any illegal or unauthorized purpose and you may not, in the use of the Website or Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You may not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
These Terms of Service are in addition to any other agreement you may have with AG Hair, including an agreement for your purchase of AG Hair products or services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, imitate, republish, translate, upload, post, publicly display, transmit, modify, index, catalogue, mirror, distribute, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
These Terms of Service shall not be construed as creating any agency, partnership, employment or other form of joint enterprise between us. If a provision of these Terms of Service is found unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Terms of Service unenforceable or invalid as a whole.
Upon request by AG Hair, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Service.
No consent or waiver by AG Hair to or of any breach of these Terms of Service by you will be effective unless in writing and signed by AG Hair or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you.
Except as expressly set forth in these Terms of Service, AG Hair’s rights and remedies under these Terms of Service are cumulative and not exhaustive or exclusive of any other rights or remedies to which AG Hair may be lawfully entitled under these Terms of Service or at law, and AG Hair will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively.
You will not assign, transfer, delegate, license, sub-license or grant these Terms of Service or your rights, duties and obligations under these Terms of Service without AG Hair’s express prior written consent, which consent may be withheld in AG Hair’s discretion. AG Hair may, without your consent, assign these Terms of Service or any of AG Hair’s rights, duties, or obligations under these Terms of Service.
We reserve the right to modify the contents of our Website at any time. We have no obligation to update any information on our site and you agree that it is your responsibility to monitor our Website for any changes to our Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 4 – INTELLECTUAL PROPERTY
All content available on our Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, interfaces, videos, sounds, music, artwork, designs, computer code, and software (the "Content") is the property of AG Hair, our affiliates, our partners or our licensors, and is protected by United States, Canada and international copyright laws.
The trademarks, logos and service marks displayed on our Website (collectively, the "Trademarks") are the registered and unregistered marks of AG Hair, our affiliates, our licensors or our partners, in the United States, Canada and other countries, and are protected by United States, Canada and international trademark laws.
Except as set out in the section below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of our Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Your use of our Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. Nothing appearing on our Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names.
SECTION 5 – LIMITED LICENSE
We grant you a limited, revocable and non-exclusive license to access and make personal use of our Website.
The limited license set forth does not include the right to modify or download our Website or its Content (except caching or as necessary to view content), make any use of the Website or its Content other than for personal use, create any derivative work based upon either the Website or its content, collect account information for the benefit of another party, use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent, or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
A website that links to our Website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademarks without express written permission; (vii) may not link to any page of the Website other than the home page.
If we request that you remove any link to our Website, you shall immediately remove the link. Any unauthorized use of our Website terminates the limited license without prejudice to any other remedy provided by applicable law.
SECTION 6 - PRODUCTS
Certain products may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We attempt to be as accurate as possible when describing our products on our Website. However, we are not responsible if information made available on this site is not accurate, complete or current. Any information on this site is provided as general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or updated sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We also reserve the right to limit the quantities of any products or services that we offer and to cancel and refuse any order that you place with us.
All descriptions of products and product pricing are subject to change without notice, at our sole discretion. Please be aware that we may discontinue any product at any time.
SECTION 7 - PRIVACY
SECTION 8 – ORDERS INFORMATION AND OTHER TERMS AND CONDITIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Additional terms and conditions and policies (collectively, “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or have any control over. Some of these tools include Klaviyo, Reamaze and Product Reviews.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Following a link to or from any other website pages is at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites.
SECTION 11 – GIFT CARDS
AG Hair gift cards are non-returnable and not for resale.
AG Hair gift cards may not be used in connection with any marketing, advertising or other promotional activities (including via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
By purchasing AG Hair gift cards, you are certifying and representing to AG Hair that the activities in connection with which they will be used will comply with these Terms of Service and all applicable laws, rules and regulations, and that AG Hair gift cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or AG Hair. In addition, you agree to defend and indemnify AG Hair and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of AG Hair gift cards or violation of any of these Terms of Service.
Lost or stolen cards will not be replaced. AG Hair does not have liability to you for lost or stolen AG Hair gift cards.
SECTION 12 - USER SUBMISSIONS/COMMENTS
If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation to maintain any Comments in confidence, to pay compensation for any Comments or to respond to any Comments.
We may monitor, edit or remove content that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Comments.
You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. You agree that you will not submit to AG Hair any information or ideas that you consider to be confidential or proprietary.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on our Website that contains typographical errors, misprints, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website is inaccurate at any time without prior notice (including after you have submitted your order). The advertisements on our Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on our Website are quoted in Canadian dollars.
We undertake no obligation to update, amend or clarify information on our Website including pricing information, except as required by law.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website or of any other websites or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- to circumvent the ordinary navigational structure or presentation of our Website or its content;
- to attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website;
- to access the Website to build a similar or competitive service;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of our Website or any other websites or the Internet. We reserve the right to terminate your use of our Website or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our Website and the products, services and content provided through the Website, are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions, or guarantees of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement of third-party rights, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, quiet enjoyment, uninterrupted service, or workmanlike effort, all of which are hereby waived by you and disclaimed by AG Hair to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services and content provided through our Website to achieve your intended results.
You agree that from time to time we may remove our Website for indefinite periods of time or cancel our Website at any time, without notice to you.
In no case shall AG Hair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – SAFETY
For product safety questions or concerns, please contact us at:
14 King Edward Street
Coquitlam, BC V3K 0E7
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold us harmless for any loss, expenses, claims, complaints, demands, actions, suits, proceedings, liabilities, damages, costs, liabilities and obligations (including damages, expenses and costs), settlement payments, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand resulting from your use of our Website or your negligence, misconduct or breach of these Terms of Service. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers or similar data gathering tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
You will not enter into any settlement or other agreement on behalf of AG Hair, or which notwithstanding the foregoing, AG Hair retains the right to participate in the defense of and settlement negotiations relating to any claims/proceedings/liabilities with counsel of their own selection at their sole cost and expense.
SECTION 18 – DISPUTES
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to AG Hair’s Customer Care representatives at email@example.com or 1.866.924.4247 and allow AG Hair at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by AG Hair during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND AG HAIR EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR AG HAIR IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
To the extent permitted by applicable laws, you and AG Hair agree that any cause of action arising out of or related to the sites and the interactive services must be brought within one year after the cause of action arises. Otherwise, the cause of action is permanently barred.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 21 - ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms of Service, this failure shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us and govern your use of our Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and AG Hair regarding the subject matter of these Terms of Service and the Other Terms and Conditions other than as expressly set forth in these Terms of Service and the Other Terms and Conditions.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
For questions about changes to our Terms of Service, please contact us at the email and/or mailing address provided below in section 24.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or sent by mail to:
14 King Edward St