Terms and Conditions
TERMS AND CONDITIONS
(1) COMPANY’S SERVICES. Upon receipt of advance deposit from the Client, the Company agrees to render services related to education, seminar, and/or training (the “Program”). The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein.
(2) COMPENSATION. Client agrees to compensate Company and pay the amount course tuition and, if applicable, supplies purchased ordered prior to training date.(The Fee). Said amount will be paid in full via bank transfer or credit card prior to the date of the training course. In order to ensure the highest efficacy of training, Purchasing Finally White and The Unicorn Beauty Bar supplies is an express pre-condition to receiving the education.
(3) PAYMENT TERMS. Parties agree that the services to be rendered are in the nature of training and education. Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, in light of Client’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be provided manually during each purchase, available by request by email and a detailed payment history will be available in the Client’s online account. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. In the event that Client terminates services prior to the completion of the services, Client shall be responsible for the entire Fee set forth herein. Upon execution of this agreement, all payments towards the Fee shall be collectable and non-refundable on the dates set forth herein. If Client fails to complete payments on a product or service purchased at a promotional, early-bird, or bundled price that has expired, Client becomes responsible for the entire full and regular price of the product and/or tuition.
4) CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. If Client uses a payment card that is not in the Client’s name, Client is fully responsible for the payment due in the case the cardholder revokes authorization or pursues a chargeback. Client is responsible for reimbursing the Company for the chargeback plus the 16% chargeback fees charged by the merchant account, even if the card authorized then charged back is not in the Client’s name. Client is responsible for updating their payment method prior to any due payments if their payment method on file is no longer valid. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and an additional collection fee of 50% of the amount charged back. Client shall not change any of the credit card information provided to Company without notifying Company in advance. If Client pursues a chargeback on a course that was purchased on a promotional, early-bird, or bundled price that has expired at the time the chargeback is initiated, Client becomes responsible to reimburse the Company for the full current and regular price of the product and/or tuition.
(5) NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
(6) NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
(7) LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational and/or business training service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s). Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services and enrollment in this Program is at Client’s own risk.
(8) DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he/they is/are 100% responsible for her/his/their progress and results from the Program. Client accepts and agrees that she/he/they is/are the one vital element to the Program’s success and that Company cannot control Client and/or Client’s participation. Client commits to accepting assignments/exercises/sessions presented by Company and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If client is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at Company’s option without recourse or refund of any kind. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and extent of clients’ participation in Company’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client’s accepts responsibility for such variance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Client accepts that if they enrolled in an in-person course and agreed to attend an online course or vice versa that only the format will change but the course content remains exactly as described. The description of the course does not refer to the format of which the course is delivered.
(9) COURSE RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. To the extent that Client attends Company’s seminars/workshops, Client shall not mass-distribute marketing materials to or mass-solicit other attendees of Company’s seminars. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
-(a) The Company reserves the right to revoke status to any and/or all of the programs features at it’s sole discretion. Client agrees and understands that behavior that does not align with the values of the Company may be removed at any time without notice. Clients who engage in online or offline behavior that is intended to sabotage, mislead, slander, shame or engage in any way disparage or destroy the reputation of Company will be removed from any of the curriculum or added content provided by Company that is available to assist Client. This is including but not limited to; email newsletters, close friends story on Instagram, access to additional certifications center, access to the training documents, access to the training videos, access to the supplies center, access to coaching content and/or access to the curriculum. The Company reserves the right to remove access to any/all of the above mentioned or added additional resources at its sole discretion.
- (9a) Should an account become inactive, the Company reserves the right to restrict, remove or cancel access to any and/or all parts of the curriculum/resource center/additional resources/supplies. An account becomes inactive when: The period of inactivity is ONE (1) year from the date of last purchase or if the COMPANY has an reasonable belief that the Client is no longer active/has sold their system/is using a competitors system and advertising as their own or the COMPANY or for any other reasonable reason the Company believes no longer warrants full access. Full account access may be reinstated once a minimum $249.99 (before discounts, taxes, shipping) is purchased in their supplies center or if the student has not at all been active since the date of purchase which will be verified through the history of their course content, social media, emails and/or online presence.
(10) TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services and products to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services/programs or access to products and current Program will be suspended until payment is resumed and current on payments. Client is allowed to be suspended for only two consecutive months before forfeiting their account. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and Company has the right to pursue the Fee through its collection processes.
(11) CONFIDENTIALITY. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client can had rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. To the extent that interacts with other clients, Client agrees information received by Client about other clients business or personal matters shall be considered Confidential Information and not be disclosed with the prior written consent of the disclosing party.
(12) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. The Client agrees that any public communications intending damage to the Company’s reputation will be billed at $250.00 per day, even if the client should choose to remove the comments at a later date. The Company reserves the right to pursue this compensation through its collection processes.
(13) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
(14) CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
(15) CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the Province of Alberta, , which arbitration shall be binding upon the parties and their successors in interest. The Company is entitled to be reimbursed for all legal fees from the Client in order to enforce the provisions of this Agreement.
(16) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
(17) SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
(18) SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
(19) OTHER TERMS. Upon execution of This Agreement by signature below, the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
(20) NON-COMPETITION Client agrees that after the date of training immediately in place the day the training kit/course/item is purchased, the Client shall not for a period of two (2) years, either directly or indirectly, alone or in conjunction with any other person, firm, association, corporation or other business enterprise whether as principal, agent, shareholder, director, officer, employee or in any other manner whatsoever carry on, engage in or be concerned with carrying on a teeth whitening training business within the country of Canada or United States. Client agrees they are not here as part of another existing teeth whitening training company, or with the intention to form a competing company, to perform research or access trade secrets. If this portion of the agreement is required to be enforced, Client agrees Company is entitled to be reimbursed for all legal fees from the Client in order to enforce the provisions of this Agreement. The Company and the Client further agree that the restrictions herein contained are reasonable and valid, and therefore waives all defenses to their strict enforcement including (without limitation) injunction. A facsimile, electronic, e-mailed, or original copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument.
(21) MEDIA RELEASE Client hereby releases their image, likeness, and voice for use in any marketing, promotional, or creative work Company wishes to use it for. Client agrees that all photos, recordings, and video may be used in full or in part in all media including but not limited to audio, video, Internet, print, and for any other purpose. Client consents their name, image, likeness and voice in connection with the distribution and promotion of Finally White and The Unicorn Beauty Bar. Client expressly releases the Company from any and all claims they may have arising out of these materials and waive all rights to consideration for the use of any promotional material that contains the above.
(22) CREDENTIALING Credentialing requirements vary from region to region, and student is responsible for these, including any additional business registrations or health code compliance required by the region they practice in. Practicing without the appropriate credentials is solely at students risk. No special provisions or refunds will be made for students who don’t wish to comply with their regions’ specific requirements. Student agrees and understands that they are solely responsible for the care and protection of their certificate. Should a new certificate be required to be re-issued for any reason including but not limited to a name change or a lost or stolen document, replacement certificates are available. The fee for replacement certificates are $20.00 + GST for a physical certificate and $10.00 + GST for a digital certificate. Student understands and agrees that these costs are reasonable and necessary for the production and printing of individual custom documents.
(23) SPECIAL EXCEPTIONS – FORCE MAJEURE – the Parties agree that except in the case of a government mandated shutdown of services or an Act of God preventing services from being delivered, all courses will go on as scheduled and the regular terms will apply. Upon occurrence of such a shutdown or Act of God, Company will notify affected students with the option of an online training with an Educator via Skype or other web conferencing software, arrange an alternate in-person training date, arrange an alternate in-person training location, or provide an online course if applicable. During the duration of a shutdown or Act of God that prevents the ability to provide services, the student agrees this is a reasonable effort to limit damages to both parties. The parties agree that since Company’s obligations to suppliers and venues do not cease in the event of a shutdown or Act of God, no payment obligations on behalf of the student are excused in such a circumstance even if they do not participate in the alternate options offered.
(24) OTHER TERMS – The Parties agree that any individual, firm, Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT which includes the REFUND POLICY.
TERMS AND CONDITIONS//REFUND POLICY
All course deposits and course fees paid to The Unicorn Beauty Bar & Finally White are non-refundable.
The Registrar will at their digression allow students to move their in person course dates into another student group if proper documentation is provided:
1) Death in the Family
2) Documented illness or accident
3) Weather issues in the local area
SERVICE AND TREATMENT PACKAGE POLICY
1) No refunds on services or treatment packages.
2) Packages are non transferable.
1) Due to the nature of the supplies/consumables, all orders are final.
All of our learning materials are property of The Unicorn Beauty Bar & Finally White and are not permitted to be duplicated, shared or utilized by students (former or current) or staff without written authorization. In the case that The Unicorn Beauty Bar becomes aware that any current or former students or staff (individual or group) who are utilizing The Unicorn Beauty Bar & Finally White program without authorization may be subject to litigation.
The material, resources and training curriculum found on The Unicorn Beauty Bar // Finally White is owned by The Unicorn Beauty Bar. Unauthorized distribution, sharing or access to this material can and will result in legal action. The unauthorized copying, sharing or distribution of material is strictly prohibited.
It is a violation of our program and the Code of Student Conduct. Students/Trainees who infringe are subject to disciplinary action, up to and including expulsion. Trainees may be subject to disciplinary action ranging in severity from a warning up to and including termination of services/access & certification, and/or fines.
In addition, penalties for redistribution may include civil and criminal penalties. In general, anyone found liable may be ordered to pay either actual damages or “statutory” damages affixed at not less than $1500 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $250,000 per work infringed and maximum 2 year prison sentence. A court can, in its discretion, also assess costs and attorneys’ fees.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
Disclaimer of Medical and Legal Liability: