Terms and Conditions

Definitions and legal references

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Organizer

Any third party responsible for organizing or arranging events not directly administered by the Owner

Owner (or We)
BeautyCouncil and BarberCouncil – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service
The service provided by this Website as described in these Terms and on this Website.

Terms
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You)
The natural person or legal entity that uses this Website.

Website (or this Application)
The property that enables the provision of the Service.

These Terms and Conditions represent an agreement between You and the Owner

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these Terms and Conditions (“Terms”), our privacy notice (“Privacy Policy”) and any additional terms that apply.

These Terms govern

• the conditions of allowing the use of this website, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms and any additional terms that apply to you, do not use this website.

This Website is provided by:

BeautyCouncil and BarberCouncil
PO Box 16002 Lynn Valley
North Vancouver, BC V7J 3S9
Canada

Owner contact email: info@beautycouncil.ca

Summary of what the User should know

Terms of use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

Content on this Website

Unless otherwise specified all Website content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Independent events listed and promoted by Owner

The Owner may publicize events by independent parties by an Organizer as a service to Owner’s members and the cosmetology community. The Owner is not responsible for organizing these events, and as such, does not accept any liability for any issues, including event cancellation, venue changes, program adjustments, refund requests, or additional costs or charges that may arise for attendees. These events are independent, and all responsibility for the organization and conduct of the event lies solely with the event Organizers. The Organizers do not receive any member funds as compensation for organizing these events.

Any discounts offered by the Owner for event participation may the result of offers made by the Organizers to reduce costs for our members as a member benefit. By attending these events, you acknowledge and agree that the Owner is not responsible for any loss, damage, or injury that you may experience as a result of your participation. Discounts, offers, or other incentives have no cash value. Deadlines and discounts are determined by the Organizer and while we do our best to communicate deadlines and discounts, they are subject to change without notice.

Access to, or use of, integrated artificial intelligence tools.

By using the Website’s artificial intelligence conversational tool, Chat GPT, you acknowledge and agree to the following limitations of liability and disclaimer:

1. Accuracy of Information: ChatGPT is designed to provide general information and is not intended to be a substitute for professional advice. While we strive to provide accurate information, we do not guarantee that the information provided is accurate, complete, or up-to-date. We advise Users to seek professional assistance where necessary.
2. User Responsibility: The User is solely responsible for any decision or action taken based on the information provided by Chat GPT. The Owner is not responsible for any consequences resulting from the use of ChatGPT by a User.
3. Technical Limitations: ChatGPT may experience technical difficulties, including interruptions, errors, or delays. The Owner is not responsible for any damages resulting from technical issues related to the use of ChatGPT by a User.
4. Third-Party Links: The Website may contain links to third-party websites or resources. The Owner of the Website is not responsible for the availability, accuracy, or content of these external resources.
5. Modification: The Owner reserves the right to modify or discontinue the use of ChatGPT at any time without prior notice. The Owner is not responsible for any damages resulting from the modification or discontinuation of ChatGPT.

In no event shall the Owner be liable for any damages, including without limitation, direct or indirect, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption, arising out of or in connection with the use or inability to use ChatGPT, even if the Owner has been advised of the possibility of such damages.

By using ChatGPT, You agree to indemnify, defend, and hold harmless the Owner from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of ChatGPT. We advise users to seek professional assistance where necessary.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Liability and indemnification

Canadian Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Intellectual property rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Last Updated: April 7, 2023