The www.minoribeauty.com website and www.minoribeauty.ca website (the “Site”) is operated by Minori Inc (“Minori,” “we,” “us,” or “our”). These Terms of Service (“Terms” or “Terms of Service”) govern your use of our Site, products and services (the “Service”).
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
2. Acceptance of Terms
We offer this Site, including all information, tools and services available from this Site to you, the user, whether you are a browser, customer, vendor, merchant, and/or a contributor of content, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Any new features or tools which are added to the current store shall also be subject to these Terms of Service.
By visiting our Site or making use of online services we provide such as through a purchase of our products or subscription to our mailing lists or newsletters, you engage in our “Service” 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 Site or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
3. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
By agreeing to these 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 this site.
You agree to use the Service for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms.
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 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 must not create multiple accounts and you must not let others use your account. You are responsible for any activity associated with your account.
You must not transmit any worms or viruses or any code of a destructive nature. 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 Site through which the Service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of our Service to you.
4. Accuracy, Completeness and Timeliness of Information
We do not warrant that the information made available on this Site is accurate, complete, reliable, error-free or current. 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, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
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.
5. Modifications to the Service and Prices
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. All descriptions of products are subject to change at any time without notice. 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.
Prices for our products are subject to change without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products or the Service.
For detailed information regarding shipping, returns and exchanges, please read our Shipping and Returns 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. Accuracy of Billing and Account Information
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. In addition, 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 materials or 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.
9. User Comments, Feedback and Other Submissions
Minori welcomes your comments, feedback, suggestions, ideas, specific submissions (for example contest entries) and other submissions about the Site, its content and our products (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.
If you believe that you have a proprietary right to any such comment or you want to assert any proprietary right in it, without use by us, please do not submit it to this Site or show it to us by any other means. If you want to send us any such comment, you represent and warrant that it is original to you, that no other party has any rights to it. 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.
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, false or misleading, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10. Product Review
We offer users of this Site the opportunity to post a product review (a “review”). By submitting a review, you acknowledge that we may use and reshare your review in accordance with these Terms of Service.
You grant us 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, remove, and otherwise use and exploit in any manner whatsoever, all or any portion of your review (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 review and combine the same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any reviews for any purposes whatsoever, including developing, producing, and marketing products and/or services.
You also hereby grant us the right to use your name and likeness in connection with your review, without any obligation or remuneration to you. To the extent permitted by law, you hereby waive any moral rights (such as attribution and integrity) that you may have in your review, even if it is altered or changed in a manner not agreeable to you.
11. Personal Information
12. 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.
13. Intellectual Property
All content on the Service (including, for example, text, designs, graphics, logos, icons, images, downloads, interfaces, information, and the selection and manner of compilation and presentation) is owned by Minori, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws. Additionally, the Minori brand and trademarks are owned by Minori and are protected from unauthorized use by applicable law.
You may access the Service only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access. You are not granted any right to use, and may not use, any of Minori’s copyrights, trademarks or other intellectual property. No part of this Site, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted, distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
14. 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, or laws; (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.
15. Disclaimer of Warranties; Limitation of Liability
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 expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Minori, our directors, officers, employees, 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, 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.
You agree to indemnify, defend and hold harmless Minori and our subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
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.
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 Service, or when you cease using our Site.
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 Service (or any part thereof).
19. Entire Agreement
These Terms of Service constitute 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).
The failure by us to exercise or enforce any right or provision of these Terms of Service will not mean that we have waived such rights.
20. Force Majeure
Minori shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21. 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 law of the State of California and the United States of America.
22. Changes to Our Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23. Contacting Us
If you have questions about these Terms of Service of our Service, contact us at firstname.lastname@example.org
Last updated: September 10th, 2021