TERMS + CONDITIONS
Jennifer Joan Skincare – Effective Date: October 1, 2016
Welcome to JenniferJoan.ca (the “Site”).
ELIGIBILITY AND AGE RESTRICTIONS
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this site (the “contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Jennifer Joan Skincare collectively. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Jennifer Joan Skincare. All contents of our site, and the site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our website. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software. From time to time there may be information on the Jennifer Joan Skincare website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
You may choose to register at our website. If you do you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username, and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Agreements or if we decide, in our sole discretion, that it would be in Jennifer Joan Skincare’s best interest to do so.
SUBMITTING A TESTIMONY, REVIEW, AND/OR A PHOTOGRAPH
By submitting your Testimony, Review, and/or Photograph (collectively, your “Submission”), you give and grant Jennifer Joan Skincare, the right to use, reproduce, modify, display and publish any Submissions you have made, in whole or in part, edited or unedited, at its sole discretion for display, without remuneration. You hereby expressly give up any right to inspect and approve finished products or promotional material, copies or the use to which may be applied. For greater certainty, you hereby grant to Jennifer Joan Skincare, the right to make any changes or adaptations to the Submission without any restriction whatsoever. You also agree that should Jennifer Joan Skincare not desire to use any of the foregoing or the rights described, it is under no obligation to do so. Your comments, full name, age, city and province, may appear in print advertising, website, social media, and possibly other promotions relating to Jennifer Joan Skincare.
OFFERS AND PROMOTIONS
To redeem any % off discount a specified promotional code (found on the offer email / site / promotional voucher) must be entered at the checkout page. Each % off offer can only be redeemed ONCE per person. Each offer is valid until the time specified on the email / site / promotional voucher. Each promotional code is valid for online product purchases from JenniferJoan.ca only and is not valid in conjunction with any other promotion or discounted offer and cannot be applied retrospectively. No cash alternative is available. These % off offers exclude the purchase of already discounted products and sales items.
These % off discounts entitle you, at the time of ordering, to a saving on a new product order placed with JenniferJoan.ca. Jennifer Joan Skincare reserves the right to decline to accept orders where, in its opinion, a promotional code is invalid for the order being placed. These % off discount cannot be used via Third Party sites including cash back sites. Jennifer Joan Skincare reserves the right to withdraw any % off offer and alter these terms and conditions at any time without prior notice. Subject to general Jennifer Joan Skincare Terms & Conditions and competition specific terms and conditions.
Prices displayed on our website are quoted in Canadian dollars. Jennifer Joan Skincare products can be found in select retail stores throughout Canada. The products found on this site can be ordered exclusively through JenniferJoan.ca and certain websites given permission by Jennifer Joan Skincare. Any mention of the Jennifer Joan Skincare brand or its products is subject to agreement of Jennifer Joan Skincare, and cannot be trademarked, manufactured, supplied, or endorsed without knowledge, compliance, and full agreement. Resale of any Jennifer Joan Skincare product is prohibited. Jennifer Joan Skincare is give full right to cancel or lessen any order of products, if these terms are violated. We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions or other content available on the website are accurate, complete, reliable, current, or error-free.
THIS WEBSITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Jennifer Joan Skincare shall not be liable for any damages of any kind related to your use of this website. Jennifer Joan Skincare products are not intended to diagnose, treat, cure, or prevent any disease or condition, and we will not accept responsibility for any injury, illness or damages caused by failing to seek or take proper medical advice. Any attempt to treat a medical condition should be supervised by a qualified medical professional. You are responsible for ensuring that our products are suitable for your own needs and are used correctly. This includes avoiding products that include ingredients to which you are intolerant, sensitive or may react.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to indemnify, defend and hold harmless Jennifer Joan Skincare, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, 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 site using your Internet account.
Your use of this site shall be governed in all respects by the laws of Canada, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Jennifer Joan Skincare) shall be in Federal Court of Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Jennifer Joan Skincare) must be commenced within one (1) year after the claim or cause of action arises. Jennifer Joan Skincare’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. Jennifer Joan Skincare may assign its rights and duties under this Agreement to any party at any time without notice to you.
If you have any questions or concerns, please contact us.