Terms of Service
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
1. USE OF THIS WEBSITE
This Website is hosted on servers in British Columbia, Canada. Accordingly, your access and use of this Website shall be deemed to be provided in British Columbia and subject to British Columbia law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges on this Website and to refuse any and all current or future use of this Website.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.
You agree not to disclose your username and password to any third party.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
4. SALE OF PRODUCTS
This Website may allow you to purchase Products from time to time. We reserve the right to refuse service to anyone, at any time, for any reason.
Should you choose to purchase a Product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend this Website, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
SUBJECT TO SECTION 7 BELOW, ALL SALES ARE FINAL.
The prices displayed on this Website are quoted in Canadian dollars.
Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. Also note that the price of any Product on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are also responsible for the payment of each of these.
At the time you place an order for Products, you will be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
Please note that the credit card issuers whose credit cards we accept (the "Payment Networks") have established guidelines, bylaws, rules, and regulations (collectively, the "Payment Network Rules"). We are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. We reserve the right to amend this Agreement at any time for the purposes to comply with: (i) the Payment Network Rules; as well as (ii) the requirements of our third party payment processing service provider.
To purchase any Products:
- you must have been issued a valid credit/debit card from a member of the Payment Network who has authorized Fig Face to process a charge on their credit/debit card in the amount of the total purchase price for the Products; and
- you also consent to be billed for each transaction under this Agreement (or, as the case may be, on a recurring basis) in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer.
Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
6. SHIPPING AND DELIVERY
As above, you are responsible for all shipping costs associated with your purchase.
Fig Face only ships Products to addresses in Canada and the United States.
Title to any Products purchased by you and risk of loss shall pass onto you upon delivery of the Products to a shipper/carrier. Fig Face cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
Packages returned to Fig Face as unclaimed (not picked up at local postal outlet or from a private carrier including UPS, FedEx, etc.), refused (by addressee or customs), or packages returned due to incorrect address information (customer address input error) may be subject to a 15% restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and any return shipping charges.
7. RETURNS AND REFUNDS
With respect to any Product that you have purchased from us:
- If you are not satisfied with such Product and have reason to suspect it is defective, please contact us and we will do our best to make sure you are happy; and
- No returns or exchanges will be accepted:
- after fourteen (14) days from the date upon which you received the Product;
- on any Product that has been opened; or
- on any Product that is no longer in an original /resalable condition.
8.CODE OF CONDUCT
- use tools which hack or alter this Website or the Services, or that allow you to connect to this Website’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;
- attempt to obtain a password or other private account information from any other user of this Website or the Services;
- create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Fig Face;
- mirror or frame any part of this Website without Fig Face's express prior written consent; or
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Fig Face's express prior written consent
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
9. YOUR COMMENTS
In the event that the Website enables you to post any comments, suggestions, feedback or other content (collectively, “Comments”), you agree not to:
- post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
- post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
- post anything that (a) does not generally pertain to the designated topic or theme of this Website or the Services; (b) violates any specific restrictions applicable to this Website or the Services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
- post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonates another person (including celebrities); (c) indicates that you are an Fig Face employee, representative of Fig Face; or (d) attempts to mislead users by indicating that you represent Fig Face or any of Fig Face's partners or affiliates;
- post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
- post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Services or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website or the Services.
We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
10. OUR MATERIALS
Fig Face may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Fig Face Materials”). If you download, access or use any Fig Face Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Fig Face's prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Fig Face does not transfer the title or the intellectual property rights to the Fig Face Materials to you, and retains full and complete title to the Fig Face Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Fig Face Materials. Fig Face or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and Fig Face Materials) is the property of Fig Face and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
While we endeavour to keep downtime to a minimum, we CANNOT promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
12. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Tweed is not liable for any damages related to communications to, or from, this Website or the Services.
13. CURRENCY OF WEBSITE
Fig Face updates the information on this Website and the Services periodically. However, Fig Face cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website (including the Fig Face Materials) and the Services at any time, without prior notice to you (including after an order has been placed by you).
14. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Fig Face monitors or endorses these websites. Fig Face does not accept any responsibility for such websites.
FIG FACE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
15. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Fig Face recommends that you install appropriate anti-virus or other protective software.
FIG FACE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
16. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE FIG FACE MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. FIG FACE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE FIG FACE MATERIALS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES. AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
18. CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
PLEASE NOTE THAT SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH A PARTY MAY INDEMNIFY ANOTHER. AS SUCH, THE FOREGOING INDEMNITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
As above, we reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Fig Face, in its sole discretion, believes that:
- any information provided by you is untrue, inaccurate, not current or incomplete; or
- you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Fig Face.
These suspensions will be for such periods of time as Fig Face may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
21. TERM & TERMINATION
22. CONTACT INFORMATION
Fig Facial Inc.
2050 W.4th Ave
Vancouver BC V6J 1M9
Attention: Director of Operations
This Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.