Terms of Service

Last modified: November 12, 2019

These "Terms of Service" set forth the terms and conditions that apply to your use of the MODEVIV site and its services. By using the site, you agree to comply with all the Terms of Service set forth herein. The right to use the site is personal to you and is not transferable to any other person or entity.

By creating a MODEVIV account and/or using the services, you consent to be bound by these terms. 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.

OVERVIEW

This website is operated by MODEVIV Organic Beauty. Throughout the site, the terms “we”, “us” and “our” refer to MODEVIV Organic Beauty. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to comply with all of the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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. We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Any modification will become effective when it is first posted to the site. We will make all reasonable efforts to notify you in advance of any modifications that will limit the access or usage of Service. For modifications that we need to make in order to comply with security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as possible. We may notify you by either posting a new version of our Terms of Service, notifying visitors on the site that a new version has been posted, or by email to the last known address on file. 

You may stop using the Service at any time. Your continued use of or access to the website following the effective date of any modifications to the Terms constitutes acceptance of those changes. 

You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and agree that you have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms; 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 this site.

You will not copy, redistribute, publish or otherwise exploit material from the Service without our express prior written permission.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

GENERAL CONDITIONS

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, 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 our express written permission. 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, truthful and accurate billing, shipping, and account information for all purchases made at our store. You 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. All MODEVIV customer accounts are non-transferable.

You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential and do not reuse your account password with other services.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

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.

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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

INTELLECTUAL PROPERTY RIGHTS

All materials contained on our site are copyrighted by MODEVIV Organic Beauty and protected to the maximum permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of the site including content and related graphics.

Modeviv.com and other trademarks and service marks including logos and designs found on our site are trademarks/service marks that identify our site and the products and services provided by them. Such marks may not be used under any circumstances without the prior written authorization of MODEVIV Organic Beauty.

You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any products. Except as expressly permitted herein, you further agree not to copy, redistribute, publish or exploit material from the Service without the express prior written permission of MODEVIV Organic Beauty.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send 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, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 rights 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. 

NEWSLETTERS

By creating an account with us you subscribe to our newsletter. Our emails consist of special offers, promotions, product updates, product launches, and notifications. You can opt-out from your account by clicking the Unsubscribe link from any email message you receive from us. We will not send you any spam or off-topic emails. 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

Violations of system or network security are prohibited and may result in criminal and civil liability. Incidents involving such violations will be investigated and will involve law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.

DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The products, services, information, materials or graphics delivered to you through the Service, are provided (except as expressly stated by us) on a strictly 'as is' basis, without any representation, warranties or conditions of any kind. All express or implied warranties, including, without limitation, the warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

To the fullest extent permitted by law, we disclaim any warranties: (i) for the security, reliability, timeliness, accuracy, and performance of the Site and the Service; (ii) for other services or goods received through or advertised on the company site or service, or accessed through any links on the site; or (iii) for viruses or other harmful components in connection with the site or the service.

LINKS TO OTHER WEBSITES

The Site may contain links to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. We are not responsible for the availability, currency, accuracy, or privacy policy of such third-party sites or any information, content, products or services accessible from such third-party sites.

INDEMNIFICATION

You agree to indemnify, defend and hold MODEVIV Organic Beauty, our officers, subsidiaries, affiliates, successors, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any law or the rights of another person or entity.

If you are using the Service on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will indemnify and hold us harmless from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims, including claims of negligence, losses, damages, suits, judgments, litigation costs and attorneys' fees.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

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. Any remaining provisions of these Terms will continue to be enforced with full effect.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

    CONSEQUENCES OF VIOLATION OF TERMS

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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; and/or accordingly may deny you access to our Services (or any part thereof). 

    You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.

    You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as a breach of these Terms and as an infringement of our copyrights. We reserve the right to terminate your access to the Service without notice if you violate these Terms, and/or pursue other remedies.

    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 Canada. 

    You further consent that this Agreement is governed by and shall be construed in accordance with the laws of British Columbia, Canada without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in British Columbia for any disputes arising out of the use of the site. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider's registered place of business.

    LIMITATION OF LIABILITY

    Under no circumstances are we, our directors, partners, officers, successors, affiliates, agents, contractors, subcontractors, suppliers, interns, employees, service providers or licensors liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential or exemplary 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 or misuse of the site or of any of the service or any products procured using the service, or or from an inability to use the site or the Service, or the interruption, suspension, modification, alteration, or termination of the site or 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. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the Service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the Service or any links on the site. These limitations shall apply to the fullest extent permitted by law.

    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. 

    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. 

    HOW TO CONTACT US

    Still have questions? For more information about our Terms of Service, you can reach us at: hello@modeviv.com.