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Conditions of Use

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE PURCHASING ANY PRODUCT FROM THE BETTER BEAUTY BRAND AND HOS BOTANICALS LTD. BY USING THIS WEBSITE, YOU AGREE TO THESE CONDITIONS.

 

Limitations of Liability

The information available on this website is provided on an “AS IS” basis by THE BETTER BEAUTY BRAND AND HOS BOTANICALS LTD henceforth referred to as “The Company” and the websites www.thebetterbeautybrand.com and www.hosbotanicals.com and thebbbrand.com will be referred to as the "website". Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions; nor do we accept any liability connected with the use of the information contained in this website. You should consult a professional to obtain specific advice appropriate to your circumstances. By using this website, you accept ALL terms of this User Agreement and understand that your use of this website is at your sole risk. This User Agreement and any disputes or claims related in any way to your use of the website shall be governed by, and construed and enforced in accordance with, the laws of the Republic of Trinidad and Tobago.

 

User Agreement

Customers should purchase products from The Company with a clear understanding that they are not intended and should not be used as a substitute to diagnose, treat, cure or prevent any illness or disease. The information provided is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Product information, and descriptions presented are for educational purposes only. It does not cover all possible uses, precautions, side effects and interactions. This information should not be used as a substitute for medical counseling with a health care professional. Under no circumstance should these products be likened to drug products prescribed for the treatment of specific ailments.

The Customer is solely responsible for determining the suitability of using the product that they purchase.

In no event shall The Company be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products obtained through this website, even if The Company has been advised of the possibility of such damages.

 If you are dissatisfied with the website, or do not agree with the terms and conditions of this Agreement, your choice is that you do not use this website.

 

Use of the Website

You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to The Company; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, The Company, or other users of the Website; (vi) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Website, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means; or (ix) otherwise violate these Terms

Harassment in any manner or form, or the use of abusive or obscene language on the website, including via e-mail, social media or public comments is strictly forbidden. Impersonation of others, including The Company or other licensed employee, host, or representative, as well as other members or visitors on the Website is strictly prohibited.

Content Use Restrictions

You also agree that, in using the Website: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of a Director of The Company or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

Availability of Site and Content

The Company may immediately suspend or terminate the availability of the Website and Content (and any elements and features of them), in whole or in part, for any reason, in Lush’s sole discretion, and without advance notice or liability.

Reservation of All Rights Not Granted as to Content and Website. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by The Company and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.

 

Content You Submit

In order to access or use some (or potentially all) of the features on the Website, you may be required to first register through our online registration process. The Website’s practices governing any resulting collection and use of your personal information that we collect as part of account registration are disclosed in our Privacy Policy. If you are under the age of sixteen (16), then you are not permitted to register as a user, or otherwise use the Website or submit personal information to us.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your account, please contact us at wecare@thebetterbeautybrand.com and include “Account Closure Request” in the subject line with your full name and email address associated with your account.

Non-Confidentiality of Your User-Generated Content

Except as otherwise described in the Website’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) The Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon The Company’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth below. In addition, The Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.

License to The Company of Your User-Generated Content

Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User-Generated Content, you grant to The Company the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense , display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or Sites. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to The Company to your User-Generated Content, you also hereby grant to The Company , and agree to grant to The Company , the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

Exclusive Right to Manage Our Site

The Company  may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and The Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such User-Generated Content submitted by you or others need not be maintained on the Website by The Company for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website or elsewhere.

Representations and Warranties Related to Your User-Generated Content

 Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant The Company the rights to it that you are granting by these Terms and any Additional Terms, all without any Lush obligation to obtain consent of any third party and without creating any obligation or liability of The Company; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Lush’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms  or any Additional Terms, or cause injury or harm to any person.

Enforcement

The Company has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at The Company’s cost and expense, to which you hereby consent and irrevocably appoint The Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Your User-Generated Content

All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, including submitted photos or videos or embedded linked material, then you must also have their permission to submit such User-Generated Content to The Company or on the Website.  

Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by The Company.

Participation Disclaimer

The Company may not and cannot review all communications and materials posted to or created by users accessing the Website, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, The Company and the Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, The Company reserves the right to block or remove communications or materials that it determines to be:

  1. Abusive, defamatory or obscene
  2. Fraudulent, deceptive or misleading
  3. In violation of a copyright, trademark or other intellectual property right of another
  4. Offensive or otherwise unacceptable to The Company in its sole discretion.

In addition, you represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Company for all claims resulting from content you supply. Please note, users giving product or business opportunity testimonials on this Website reflect the actual experience of each individual, are anecdotal only, and may be atypical.

General and Specific Errors

In the event that any product on the Website is mistakenly listed at an incorrect price or description, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall issue a refund to your credit card account in the amount of the incorrect price.

The Customer assumes responsibility for any missed discounts, for any reason, due to price changes that may occur irrespective of the time duration.

 The Company shall not be liable for any technical inaccuracies, typographical errors or graphical distortions of the products listed and technical and regulatory documents posted. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the website. The Company may make improvements and/or changes in the information, graphic(s), products(s) and / or program(s) described or displayed on the Website at any time.

Purchasing using the Website or from The Company

To purchase any products or services on the Website you will require a have a valid credit or debit card held in the name of a responsible adult as it applies in your jurisdiction or of age of sixteen years. In order to process your purchase you must provide The Company with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to The Company or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. The Company will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

In the case of paying for you order using Visa, MasterCard or PayPal your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. The Company is not responsible for paying any unauthorised amounts billed to your credit or debit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify The Company of any discrepancies within thirty five (35) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If The Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Company or its agents. Sales taxes, VAT or other taxes, customs & excise charges, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Company shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and localities that it deems is required in accordance with our order policy in effect at the time of purchase.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by The Company upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with The Company has been effected until you receive a confirmation from The Company via email.

Intellectual Property

The content included on this website, including but not limited to text, graphics, logos or code is copyrighted as a collective work under the Trinidad &Tobago, United States and international copyright laws, and is the property of The Company and other third party services. All rights reserved.

All trademarks, service marks, trade names and logos used on the site are the trademarks or registered trademarks of The Company and its affiliates. All other trademarks not owned by The Company or its affiliates that appear in any The Company service are the property of their respective owners, who may or may not be affiliated with or connected to The Company. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website, in whole or in part, unless authorized, to do so.

Permission is hereby granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order or purchasing products with The Company You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order or purchase products with The Company.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Company. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

Warranty Disclaimer

The Company provides the information, materials and products listed on this website "AS IS" and without any representations or warranties of any kind. All warranties whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of property rights, and quality of any products described on site are hereby disclaimed to the fullest extent permitted by law.

 Although we intend to take all reasonable steps to prevent the introduction of viruses and other harmful material, we do not warrant that this website will be uninterrupted, error-free, that defects will be corrected, or that the website or the server that makes the website available are free of viruses or other potentially harmful components. You assume full responsibility and risk of loss, including loss of data such as personal information and credit card information, resulting from your use of this website. The Company does not make any warranties or representations regarding the use of the materials on this website in terms of correctness, accuracy, adequacy, usefulness, timeliness and reliability or otherwise.

 Indemnification

You agree to indemnify, defend, and hold harmless The Company, its affiliates, and their respective owners, officers, directors, employees, agents, licensors, suppliers (collectively the "Service Providers") and third party partners from and against all claims, losses, damages and costs (including attorney's fees) or other expenses resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action. Please note this provision shall survive the termination of this Agreement and remain in full force and effect.

 Third-Party Links

In an attempt to provide increased value to our visitors, The Company may provide links to websites operated by third parties. The Company has no control over third party websites, even if the third party is affiliated to The Company. All the websites are owned and operated independently of The Company. and have their own separate privacy and data collection policies. The Company accepts no responsibility or liability for the independent actions or policies of the third party websites and is not responsible for the content or practices of such websites. These websites are only for your convenience; therefore you may access them at your own risk. Nonetheless, The Company seeks to protect the integrity of its website and the links placed on it, and therefore requests any feedback on not only its own website, but for websites it links to as well (including when a specific link does not work). In addition The Company. should not be held liable for links to any page within the website or other website content from any website or web page that makes claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by The Company.

 Termination

The terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. The terms and conditions, or any part of them, may be terminated by The Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 Notice

The Company reserves the rights at any time to change the terms and conditions of this Agreement. Be sure to review this Agreement periodically to ensure familiarity with its most current version. Any enhancements, additions or modifications to the contents on the website will be subject to this Agreement.

The Company may deliver notices to you by means of e-mail, a general notice on the website, or by other reliable methods to the address you have provided regarding any changes to this Agreement.

Governing Law & Litigation

The terms and conditions and your use of this website shall be governed in all respects by the laws of the Republic of Trinidad and Tobago without regard to its conflicts of law principles, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over, and venue in, any legal action or proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of The Company products) shall be brought solely in the courts of competent jurisdiction sitting in Trinidad and Tobago and; you expressly submit to the jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with The Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of NDA Inc. to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of The Company’s products) must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.