By using the Site or submitting Personal Data to us, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.
BY USING THE SITE OR SUBMITTING PERSONAL DATA TO US, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.
Amika refers to Amika, LLC. and is referred to herein as “Amika,“ “we,” or “our.”
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of Canada and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Content on the Site.
“Site” means the website www.loveamika.ca, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, Pinterest, and TikTok, and Twitter, and other platforms and applications for mobile, tablet, and other smart devices and application programs.
“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any services or products from the Site, and is referred to herein as “User” or “you.”
“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
ELIGIBILITY TO USE THE SITE
By browsing or using the Site, you agree that you are at least thirteen (13) years of age. If you are between thirteen (13) and seventeen (17) years of age, you can only use the Site with the permission and involvement of your parent or guardian. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
These Terms and any action or proceeding relating thereto will be governed by the laws of the Province of British Columbia and applicable laws of Canada. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Your continued use of the Site will constitute your acceptance of the then-current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Amika will be applied.
You may choose to register an account with Amika to access certain services. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to them, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Amika, including those set forth in these Terms, we reserve the right, in our sole discretion, to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
We make no representation that Content on the Site is appropriate or available for use at other locations outside Canada, and access to it is prohibited from territories where the Content or services or products available through the Site are illegal. You may not use the Site or export its Content or services or products in violation of Canada export laws and regulations. If you access the Site from a location outside of Canada, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable. We may ship to certain locations outside Canada, and reserve the right to apply additional shipping and handling charges to any orders shipped outside Canada. Shipping is not, at this time, available in all Provinces and Territories of Canada, please consult the FAQs section of our Site for more details on your shipping options.
RULES OF CONDUCT AND GENERAL PROHIBITIONS
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal recourses.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
RIGHT TO USER CONTENT POSTED BY YOU
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Amika the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish Amika with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights necessary to grant Amika the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Amika on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will defend, indemnify, and hold harmless Amika, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Amika or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Amika or any third party; and (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Amika in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
MOBILE APPLICATION USERS
The following provisions apply to users of Amika’s mobile applications (each, an “Application”):
Users of the Apple Application
If you download and/or use our Application(s) for iPhone or iPad, these Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula). For purposes of these Terms, the Application is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control.
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for a suitable device and such additional services, including, without limitation, all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including, without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates from Amika, your mobile carrier, or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including, but not limited to, payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. We make no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third party service providers charge a fee for the services or products they provide, you agree to pay such fees to the respective party in exchange for your continued use of such services or products. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Some features of the Application make use of geolocation information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. These features cannot be provided without utilizing this technology.
You agree to comply with all Canadian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Application you represent and warrant that: (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.
COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same, is the sole and exclusive property of Amika and protected by applicable copyright, trademark, other proprietary rights, and other laws of Canada, United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and services and products available through the Site.
Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner: (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or other proprietary rights of any third party.
All trademarks not owned by Amika that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Amika. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.
INTELLECTUAL PROPERTY, COPYRIGHT, AND EXCLUSIVITY
Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by Amika under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of Amika’s services or products, or any part thereof, whether such formulation or design is registered or not, shall vest in Amika absolutely. Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Amika’s services or products is the proprietary information (“Proprietary Information”) of Amika and its third-party vendors (as the case may be). You agree that you shall not, without Amika’s prior written consent, use or disclose the Proprietary Information to any third-party for any reason other than that third-party’s personal use of Amika’s services or products. You also agree that you shall not use or provide Amika’s products to any third-party or other entity to reverse engineer or disassemble Amika’s products or any part thereof to create or derive any Amika or third-party intellectual property.
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
We comply with the Copyright Act (Canada). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Amika, and provide the following:
It is often difficult to determine if your intellectual property rights have been violated or if the Copyright Act requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the applicable material along with that of the alleged infringer pending resolution of the matter. We have an absolute right to remove any such User Content or other material from the Site in our sole discretion at any time.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, services, or products on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Amika of the Third Party Sites & Ads or any services, products, or information contained therein.
PRODUCT SATISFACTION AND RETURN POLICY
We want you to be 100% satisfied with your purchase. We offer a 30-days no questions asked return policy. Returns are free and easy. To initiate your return, please visit www.loveamika.ca/returns. Once your package is received, we will refund the credit card used for the initial purchase. Please allow 5 to 10 business days for your refund to process to your original payment method. If you have any trouble or questions, please contact firstname.lastname@example.org.
Sadly, we cannot accept any returns and will not refund any items not purchased directly from loveamika.ca. Final sale items are not eligible for returns or exchanges and will not be refunded.
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or screen and other factors associated with the device you use to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor or screen will be accurate or that other Site content does not contain inadvertent mistakes or errors. By placing an order on this Site, you are making an offer to Amika. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in Canadian Dollars unless expressly indicated otherwise.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Amika the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, Content, specifications, services, products, and prices of services and products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any services or products on the Site does not imply or warrant that these services or products will be available.
It is your responsibility to ascertain and obey all applicable local, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the services and products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect at the time of the Transaction, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
ORDER AND PAYMENT INFORMATION
If you use the Site or other means to purchase a services or product, payment must be received by Amika prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.
We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders in our sole discretion..
GIFT CARDS TERMS AND CONDITIONS
Gift Cards may be redeemed to purchase services and products from the Site up to the nominated value of the gift card by entering the Gift Card ID number at checkout. Gift cards are delivered by email and contain instructions to redeem them at checkout.
Gift cards have no monetary value other than in connection with the purchase of services or products on the Site. You can check the balance of your gift card by entering your Gift Card ID number in the appropriate field during checkout. You will not be able to use a Gift Card with a promotional code. Gift cards may be linked to an account by registering the gift card number where prompted when logged into that account.
Gift cards may be purchased online in any of the denominations made available on the Site. Promotional offers, coupons and discounts may not be used toward the purchase of gift cards.
We know you care about your gift recipients. To protect their privacy, we will not collect personally identifiable information about gift recipients. Rather, we will send gift cards only to your email address, so that you may forward your gift card to them directly.
ALL PURCHASES OF GIFT CARDS ARE NON-REFUNDABLE AND NON-CANCELLABLE.
Title and risk of loss for each gift card pass to the purchaser immediately upon purchase. We are not responsible if the gift card information is lost, stolen, or used without the applicable recipient's permission. If gift card information is lost or stolen, we may (in our sole discretion) issue a replacement for the balance shown in our records and may require certain verification information from the person requesting the replacement. We reserve the right, in addition to any other available remedies, to close a User’s account or require alternative forms of payment if a fraudulently obtained gift card is redeemed or sought to be redeemed by that User.
Gift cards cannot be: (1) redeemed for cash or credit, unless required by law; (2) reloaded; (3) transferred to another digital gift card; or (4) resold. Attempted resale is grounds for seizure and cancellation without compensation. Gift cards obtained through unauthorized channels will be considered void.
Gift cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including, without limitation, via websites, Internet advertisements, email marketing, telemarketing, direct mail marketing, newspaper and magazine advertisements or radio, Internet and/or television broadcasts) unless you obtain our prior written approval in each instance.
AMIKA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT ID NUMBER IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE TO REPLACE THE GIFT CARD WITH AN AMOUNT EQUAL TO THE AMOUNT REMAINING ON THE GIFT CARD. CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE INAPPLICABLE AND ADDITIONAL RIGHTS MAY APPLY.
If you have further questions or concerns about the gift cards, please contact 855-585-0995
We are not responsible for any injury or damage that may result from the purchase of services or products through distributors or retailers who are not authorized distributors or retailers of our services or products. We are not responsible for any injury or damage that may result from services or products purchased past their expiration date or those that have been altered or discontinued.
If you are purchasing our services or products and enrolling in one of our auto-renewal programs in which you have requested that we automatically provide services or products to you at regularly scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled or paused. If you sign up for the Program on the Site in connection with your purchases, the payment card or alternative payment method you provide will be automatically charged for the purchase price of the services or products, plus applicable tax, shipping, and handling charges.
You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for insuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code). Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. You must promptly notify Amika if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss). Using your account, you will be able to schedule, skip, or cancel your orders. We will send you a notification in advance of each delivery.
If you sign up for the Program, you will be charged regularly and automatically for, and delivered, ordered services or products until you cancel your participation in the Program. By participating in the Program, you agree that we may send you additional regularly scheduled shipments and charge you for the product(s), applicable taxes, and shipping and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU. These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program or update thereafter. You agree that we will not be responsible in any manner for any overdraft charges, interest charges late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on your payment card or alternative payment method.
THE AUTO-RENEWAL PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM AND DISCONTINUE SHIPMENT OF FUTURE SERVICES OR PRODUCTS, YOU MAY DO SO IN YOUR ACCOUNT.
We may, in our sole discretion, terminate your participation in the Program at any time without notice to you. We reserve the right to refuse or discontinue the automatic provision of services or products to any one at any time in our sole discretion.
DISCLAIMER OF WARRANTIES
EXCEPT IN THE CASE OF PRODUCTS SOLD WITH A WARRANTY, OUR SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS AVAILABLE ON THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED TO YOU.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR SERVICES, PRODUCTS, OR CONTENT, THESE TERMS, AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY SERVICES OR PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES OR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMIKA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, FORESEEABLE, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL AND LOSS OF DATA), SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER AMIKA, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES, PRODUCTS, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, FORESEEABLE, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMIKA. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO AMIKA FOR ANY SERVICES OR PRODUCTS SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
NO THIRD PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Amika. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
You acknowledge and agree that both you and Amika are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
We both agree that these Terms should be interpreted and enforced under the International Arbitration Rules. This section will survive termination of these Terms.
The arbitration will be administered and governed pursuant to the International Centre for Dispute Resolution Canada (“ICDR”) in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The arbitrator shall be chosen by the ICDR pursuant to the list method set forth in Article 12(6) if the ICDR’s International Arbitration Rules.
DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send Amika a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Amika must be emailed to email@example.com. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration in accordance with the ICDR’s International Arbitration Rules.
The arbitrator will have exclusive authority to resolve all Disputes relating to Amika’s services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, the arbitrability of any claim, as well as any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the province or territory where you reside.
ARBITRATOR’S DECISION AND FEES
The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Amika will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. If you make a claim under a consumer protection statute, you will pay arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted with Amika to make up the difference, if any.
RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Amika, at Amika, LLC., 300 Meserole Street #3, Brooklyn, New York, 11206, or by email to firstname.lastname@example.org, within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply.
In no event Amika be liable or responsible to you, or be deemed to have defaulted under or breached this Terms or any agreement concluded with you, for any failure or delay in fulfilling or performing any obligations of these Terms or any agreement concluded with you, when and to the extent such failure or delay of performance if caused by or results from acts beyond Amika’s reasonable control, including without limitation any (a) act of God; (b) flood, fire, earthquake, tsunami or explosion; (c) electrical, internet or telecommunication outage not caused by Amika; (d) acts of war, terrorism, hostility, sabotage, invasion, riot or other civil unrest; (e) government restrictions, actions, embargoes, or blockades; or (f) other events outside the reasonable control of Amika.
These Terms constitute the entire and exclusive understanding and agreement between Amika and you regarding the Site, Content, services, and products that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Amika regarding the Content, services, or products provided on the Site. If, for any reason, any provision of these Terms is deemed to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Amika under these Terms, including those regarding modifications to these Terms, will be given: (i) by Amika via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date we transmit such notice.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Amika. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Amika, and you do not have any authority to create any obligation on our behalf.
Please note that both English and French versions of these Terms of Service have equal legal value (if any).
[For Website Users Residing in Canada]
LAST UPDATED AND EFFECTIVE: September 8, 2022
When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:
When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as:
Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.
We use your Personal Data for the purposes for which you provided it, including to:
We may also use your Personal Data or Log Data to administer our internal business activities, including to:
In addition, we may use third-party services, such as Google Analytics, that collect, monitor, and analyze Log Data.
No Sale of Personal Data
We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties after obtaining your consent. By using the Site submitting your Personal Data to us, you expressly consent to our sharing your Personal Data, as set forth below.
Sharing Personal Data With Affiliates, Successors, and Agents
Sharing Data Through Social Media
We work with social media sites like Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks.
If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Data. We consider information collected from or shared through any such social media features as public information because the third party social media sites made it publicly available. If you do not want us to be able to access information about you, including Personal Data, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.
Legally Compelled Disclosure of Personal Data
We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:
You have the right to withdraw your consent to the processing of your Personal Data at any time. If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent.
To change your preferences, please email us at email@example.com with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Correct my data).
To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. You may also access and correct some of your Personal Data by logging into your online account, if you have one. If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities.
We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures are in place to protect Personal Data. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically.
You may close your account, unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.
What Are Cookies?
A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.
How can I manage cookies?
You can manage cookies through your web browser's option settings. You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser's help section for information on whether you can and how to do this.
Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others. You can control your preferences directly with each such third party service provider.
You can learn more about cookies at the following third-party websites:
Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.
We do not intentionally or knowingly collect any Personal Data from children under the age of thirteen (13), nor do we target our emails to them. Children under the age of thirteen (13) should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of thirteen (13) may have provided Personal Data to us through the Site, please contact us at firstname.lastname@example.org, and we will use reasonable efforts to delete it from the Site and our files.
General Data Protection Regulation (GDPR)
The GDPR protects the Personal Information of users located within the European Economic Area (EEA), which means they are within the member states and member countries of the European Union (EU) at the time of the Site’s use. If you are within the EU, you have the right to certain information and specific rights under the GDPR. Pursuant to the General Data Protection Regulation (GDPR), those rights include:
1. We will keep the Personal Information you have given us unless the earlier of: 1) you ask us to delete your Personal Information or 2) We conclude we don’t need your data anymore. Or 3) We decide the value in retain the data is outweighed by the costs of retaining it.
2. You have access to data We store, right to rectify, or delete your Personal Information at any time.
3. You can file a complaint to a supervising authority that has jurisdiction over GDPR issues.
4. You have the right to provide only Personal Information that is required to enter a contract and/or transaction with us. We won’t make you consent to any unnecessary processing as a way to get you to enter into a contract with us
5. You can request restrictions on the processing of your Personal Information.
6. You have the right to prohibit us from processing your Personal Information moving forward even if you provided consent to the Company’s processing of your Personal Information, however, past processing of your data shall not be considered unlawful.
7. You can assert the right to the portability of your Personal Information.
8. We require only Personal Information that is reasonably required to enter into a contract with us. We will not demand you to provide consent for any unnecessary Personal Information as a condition of entering into a contract with us.
Details on GDPR compliance can be found here. (https://gdpr.eu)
Details on GDPR compliance can be found here (https://loveamika.ca/pages/gdpr-compliance )
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