PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 9/2/16.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Beauteque LLC, also known as Beauteque Monthly and Beauteque, located at 15 Village Court, Hazlet, New Jersey 07730 and our subsidiaries and affiliates, in association with the use of the Beauteque LLC website, which includes beauteque.com, (the "Site") and its Services, which shall be defined below.
Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the Beauteque Monthly service whereby users agree to receive a subscription for the receipt of a box of beauty products on a monthly basis (known as the “Service”). You may only subscribe to the Service if, you are 18 years old or older, or over the age of 13 with the assistance and approval of your parent or guardian. The monthly subscription plan to the Service is offered for Twenty One Dollars USD ($24.00) per month. Users may also choose to pre-pay for a Three (3), Six (6) or Twelve (12) month term.
By subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of a Twenty Four Dollars USD ($24.00) monthly subscription fee, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe the our company will process your Twenty Four Dollars USD ($24.00) monthly subscription fee for the first month, or your pre-payment for a Three (3), Six (6) or Twelve (12) month term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the three (3) month plan, you agree to and authorize a recurring subscription fee of Seventy Two Dollars USD ($72.00), plus applicable fees, shipping and taxes as may apply, every three (3) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan. Thereafter, the Company will process another Seventy Two Dollars USD ($72.00) subscription fee, plus applicable fees, shipping and taxes as may apply, every three (3) months, until your subscription is cancelled, without further notice to or authorization from you.
By subscribing to the six (6) month plan, you agree to a recurring subscription fee of One Hundred Thirty Eight Dollars USD ($138.00), plus applicable fees, shipping and taxes as may apply, every six (6) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan. Thereafter, the Company will process another One Hundred Thirty Eight Dollars USD ($138.00) subscription fee, plus applicable fees, shipping and taxes as may apply, every six (6) months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the twelve (12) month or Yearly Service plan, you agree to a recurring annual subscription fee of Two Hundred Sixty Four Dollars USD ($264.00), plus applicable fees, shipping and taxes as may apply, every twelve months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan). Thereafter, the Company will process another Two Hundred Sixty Four Dollars USD ($264.00) annual subscription fee, plus applicable fees, shipping and taxes as may apply, every twelve months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the monthly subscription plan, three (3) month plan, six (6) month plan, or twelve (12) month plan, you agree to the Company’s subscription cycles: whereas each cycle, new orders as well renewal orders are collected within a thirty day time frame from the 16th of the previous month to the 15th of the current subscription month, before being shipped out by the last day of the current subscription month.
The Company reserves its right to modify or alter these prices, but will give notice of any changes made to these prices.
Active Subscriber subscriptions will be automatically extended for successive renewal periods of the same duration as the initial subscription term unless the Active Subscriber expressly cancels the subscription at any time by logging into the Account Page and selecting 'Subscriptions' under 'Account preferences', or by emailing Beauteque Monthly at email@example.com with the subject line “UNSUBSCRIBE” from the email you used to create your User account on the Website. If a Subscriber on the waitlist wishes to cancel their Subscription, that Subscriber must contact Beauteque Monthly by emailing firstname.lastname@example.org, with the email subject line "UNSUBSCRIBE".
Certain aspects of the Services and products offered by the Company, for example subscription plans, may be provided for a fee or charge. If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. The Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.
Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Beauteque LLC Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Beauteque LLC.
Furthermore, you herein agree not to make use of Beauteque LLC's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Beauteque LLC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Beauteque LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Beauteque LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. Beauteque LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Beauteque LLC, its visitors, users and members, including the general public.
Beauteque LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Beauteque LLC or any other content providers supplying content services to Beauteque LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Beauteque LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either Beauteque LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Beauteque LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You herein acknowledge, understand and agree that all of the Beauteque LLC trademarks, copyright, trade name, service marks, and other Beauteque LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beauteque LLC. You herein agree not to display and/or use in any manner the Beauteque LLC logo or marks without obtaining Beauteque LLC's prior written consent.
DISPUTES WITH THE COMPANY
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Please report any and all violations of this TOS to Beauteque LLC as follows:
15 Village Court
Hazlet, New Jersey 07730