Terms of Use

TERMS OF USE

Last Updated: January 13, 2021

These Terms of Use (the “Terms of Use”) govern all use of the websites made available by Imayla Beauty, Inc. (“Imayla”, “we”, “us” or “our”), including https://imaylabeauty.com (each, a “Site” and collectively, the “Sites”), and all content, services and products available at or through the Sites (collectively, the “Services”). In order to use the Sites, access the information contained on the Sites, use the Services, or purchase products provided for sale by us through the Sites or Services, you must first read these Terms of Use and agree to all the terms and conditions contained herein.

BY ACCESSING AND/OR USING THE SITE OR ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE OR ACCESS THE SITE.

Changes to the Terms of Use

We may add to, modify, or otherwise update these Terms of Use from time to time in our sole discretion by notifying you that a new version of these Terms of Use has been posted to the Sites or Services. It is your responsibility to review these Terms of Use for any additions, modifications or updates each time that you access any of the Sites or use any of the Services, and you are bound by such additions, modifications and updates. Your use of the Sites or Services following any additions, modifications or updates to these Terms of Use constitutes your acceptance of the new Terms of Use.

Privacy

We have established a Privacy Policy to explain how your information is collected and used by us. Please review the Privacy Policy to understand our practices. The Privacy Policy is located here.

Using the Sites and Services

Eligibility. In order to use the Sites and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms of Use.
User Account. When you first order merchandise offered by us at the Sites and Services, you may be required to create a username and password (collectively, “User Credentials”). In creating your account, you must accurately provide all required information. You are responsible for informing us of any changes to such information by updating your registration information. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You may not share your User Credentials with any third party, and you are responsible for maintaining the confidentiality of your User Credentials. You are fully responsible for all activities that occur through the use of your User Credentials.
Site Availability. We may modify, update, interrupt, suspend or discontinue the Sites or Services, or any portion of the Sites or Services, at any time in our sole discretion without notice. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services or any content contained or made available via the Sites without our express written consent. The foregoing license granted by us shall automatically terminate if you do not comply with these Terms of Use.
Posting Content to the Sites and Services.Except as expressly stated in our Privacy Policy, by posting, uploading or submitting any content to the Sites and Services, you grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe. You agree this license includes permission for us to make such content available to other users of the Sites and Services who may access, view, store, or reproduce the content for their personal use. You are solely liable for any content you submit or upload to the Sites and Services and by posting, uploading or submitting any content to the Sites or Services you represent and warrant that: (i) you own such content or have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting, uploading or submitting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You may not post, upload or submit anything to the Sites or Services that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.
Termination of Account. We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms of Use. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites or Services at any time.

Restrictions on Use

In connection with your use of the Sites and Services, you represent and warrant to us that you:

(a) are at least 18 years of age;

(b) will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;

(c) will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;

(d) will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;

(e) will not use the Sites or Services in any way that could interfere with our rights or the rights of other users;

(f) will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;

(g) will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and

(h) will abide by all applicable laws.

Notice and Communications

You agree that we may communicate with you under these Terms of Use through email, regular mail or by posting any notices on the Sites or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Parties

The Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only. You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.

Intellectual Property

All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of Imayla or its licensors and are protected by United States and international copyright laws.

The trademarks, service marks, logos, graphics page headers, button icons, scripts, and service names (the “Trademarks”) included in or made available through the Sites or Services are, unless otherwise identified, trademarks or trade dress of Imayla or one of its related entities in the U.S. and other countries. Our Trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Trademark included in or made available through the Sites and Services.

No Warranty

THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE EVEN IF WE OR OUR PARENT, SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to California Residents

Under California Civil Code, Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or Services, or any products offered through the Sites or Services, please contact us by writing to Imayla Beauty, Inc., 420 Lexington Ave
Ste 820 NY, NY 10170 or by calling us at +18444462952. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at 916-445-1254 or 800-952-5210.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:

Imayla Beauty, Inc.

420 Lexington Ave
Ste 820
NY, NY 10170

Email: info@imaylabeauty.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that must include the following:

(a) a physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

(b) a description of the copyrighted work that is claimed to have been infringed;

(d) your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;

(e) a statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Governing Law

These Terms of Use and the relationship between you and us, including but not limited to claims relating to the Sites and Services will be governed by the laws of the State of New York, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in the City, State and County of New York and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Severability

These Terms of Use are severable. If any provision contained in these Terms of Use is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms of Use incorporate by reference any terms or notices contained on the Sites and Services, including but not limited to the Privacy Policy and the Terms of Sale, and contain the entire agreement between you and us regarding the use of the Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use.

TERMS OF SALE

Last Updated: January 13, 2021

These Terms of Sale (“Terms of Sale”) apply to all consumer purchases of merchandise sold by Imayla Beauty, Inc. (“Imayla”, “we”, “us” or “our”) through our websites, including https://imaylabeauty.com (each, a “Site” and collectively, the “Sites”), or through any products or services that we make available on any Site (collectively, the “Services”). You agree to these Terms of Sale by placing your order via the Sites or Services.

These Terms of Sale are a binding agreement between us and you. We may periodically add to, modify or otherwise update these Terms of Sale in our sole discretion by notifying you that a new version of these Terms of Sale has been posted to the Sites and Services. It is your responsibility to review these Terms of Sale for any additions, modifications or updates each time that you access any of the Sites or use any of the Services, and you are bound by such additions, modifications and updates. Your use of the Sites or Services following any additions, modifications or updates to these Terms of Sale constitutes your acceptance of the new Terms of Sale.

In addition to these Terms of Sale, the terms contained within our Terms of Use and Privacy Policy also apply to your purchase and use of the Sites and Services.

Orders

By adding desired products to your cart and submitting all required information during the checkout process, you have placed an order with us and are bound by such order, subject to our return policy (as described below) and the availability of the products ordered. We will confirm receipt of your order by sending you an email. The purchase price as well as incurred shipping costs (if any) shall become due at the time you place your order. We reserve the right to cancel any order at any time in our sole discretion.

While we make every attempt to ensure that the products displayed on the Sites and Services are available for purchase, there may be times when we no longer have a product you have ordered available. In such event, we will refund to you the applicable purchase price.

Product Descriptions; Pricing

In describing and pricing the products available on the Sites and Services, we attempt to be as accurate as possible. However, we do not warrant the accuracy or completeness of any information or other content available on the Sites and Services including but not limited to prices, product images, specifications and availability. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

We cannot confirm the price of an item you order via the Sites and Services until you have placed your order and we reserve the right to revise prices at any time prior to you placing an order. Despite our best efforts, a small number of the items listed on the Sites and Services may be mispriced and we reserve the right to change or update information to correct errors, inaccuracies, or omissions at any time without prior notice. If an item’s correct price is higher than our stated price, we will, in our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. To the extent we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict with these Terms of Sale, will be considered the governing document).

Methods of Payment

You will be responsible for the prices stated at the time of your order, as well as any: (i) applicable sales, use, excise, value added, and related taxes; and (ii) applicable shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you represent and warrant that: (a) you have the legal right to use the credit or debit card(s) or other payment method(s) you present in connection with the order; and (b) the information you supply to complete you order us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties in order to facilitate the completion of your order.

Shipping

Title to products ordered by you passes to you when the product is shipped. This means that the risk of loss and title for such items pass to you upon our delivery of the product to the carrier. While we agree to use reasonable efforts to meet the shipping and delivery dates provided, we shall not be responsible for any delays in shipments.

Warranties; Disclaimer

THE PRODUCTS MADE AVAILABLE VIA THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Return Policy

If you, for any reason, are not satisfied with your order, you may return it in accordance with our Return Policy, which is available here [NOTE: MAKE THE WORD ‘HERE’ A HYPERLINK TO THE RETURN POLICY ON THE SITE]. If you return a product in compliance with our Return Policy, we will promptly return all payments received from you (minus shipping costs). Shipping and handling charges are not refundable. To provide your refund, we will use the same payment method you used in the initial transaction. We are entitled to refuse to process your refund until the merchandise has been returned to us. WE RESERVE THE RIGHT TO REFUSE ANY RETURNS IN OUR SOLE DISCRETION.

Limitation of Liability

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH OR REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF A PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.

No Resale or Export

Your purchase of products is for your own use, and no products purchased by you from us may be resold or exported outside of the country in which you reside.