Last updated on: 07-03-2024
This website is operated by Applied Lacquer Industries Inc. d/b/a Aprés Nail Inc. (“Aprés Nail”) Throughout the site, the terms “we”, “us” and “our” refer to Aprés Nail Inc. and our affiliates. Aprés Nail offers this website https://apresnail.com/(“Website”), including all information, educational materials, courses, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (collectively the “Services”).
By “accepting” (checking the box below), visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), and Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to all the terms and conditions of these Terms or the Privacy Policy, then you may not access the Services.
Any new features or tools which are added to the Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and offer our services to you.
BY SUBMITTING ANY INFORMATION THROUGH OR BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF SERVICE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.
YOU MAY NOT SUBMIT ANY INFORMATION OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature or violate any other restrictions listed in SECTION 13 - PROHIBITED USES. A breach or violation of any of the Terms will result in an immediate termination of the Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Services and any elements thereof, including, but not limited to documentation, databases and software code (including source and object code) of the Services are owned or licensed by Aprés Nail and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property rights. Unless otherwise stated Aprés Nail shall own all rights, title, and interest in any code or other data generated through the Services. All such rights are reserved.
These Terms of Service only grant you a limited right to use the Services to the extent specified herein, while these Terms of Service are in effect.These Terms of Service do not grant you any right of ownership in or to the Services or any element thereof.In particular, you acknowledge and agree that you shall have no ownership or other property right or interest in the account or any content that appears in the Services, or any other content associated with the account.
You agree not to delete, or in any manner alter, the copyright, trademark, patent, trade secret or other proprietary rights notices or markings, which may appear in the Services.
On condition of your acceptance of these Terms of Service, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Services for your personal, non-commercial use only.We reserve all rights not expressly granted herein.We also reserve the right to terminate at any time your license to use the Services for any reason.
The Services are licensed, not sold to you.For the avoidance of doubt, you acknowledge and agree that we and our licensors retain ownership of the Services even after their installation on your device.
The license to use the Services referred remains in effect until terminated by us, subject that the license will automatically terminate without notice from us if you in any way breach any provision of these Terms of Service.Upon termination of the license for any reason and on any basis, you must cease all use of the elements of Services.
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Services.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
You acknowledge and agree that all your communications within any chat areas in the Services may be public (for public comments) or not confidential (we may have access to the communication content), and you have no expectation of privacy regarding your use of such chat areas.We are not responsible for information that you choose to share on the chat areas, or for the actions of other parties.Use of the customer content that is or contains personal data will comply with the Privacy Policy.
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
BY AGREEING TO AND ACCEPTING THESE TERMS OF SERVICE, YOU HEREBY IRREVOCABLY RELEASE APRÉS NAIL AND ITS AFFILIATED PARTIES FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM YOUR USE OF THE SERVICES.THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Aprés Nail, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APRÉS NAIL AND ITS AFFILIATES EXCEED THE GREATER OF $500 (USD).THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT APRÉS NAIL HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FROM APRÉS NAIL ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF APRÉS NAIL FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Aprés Nail and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees(“Indemnified Person(s)”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Sections that by their terms apply after these Terms of Service end, will survive any termination or cancellation of these Terms of Service.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
To the fullest extent allowed by law, the laws of the State of California will govern these Terms of Service and to any disputes or issues that relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, all marketing related to the Services, any licensed content, and all matters relating thereto (including our Privacy Policy and all other terms incorporated into these Terms of Service) or any other agreement between you and Aprés Nail, without regard to or application of California’s conflict of law provisions, and to the extent allow by law, without regard to any other state’s public policy arguments. To the fullest extent allowed by law, any cause of action by either party that arises out of or is related to the Services must commence within two (2) years after the conduct that caused the Dispute (as defined below) otherwise, such cause of action is permanently barred.
To the fullest extent allowed by law, you and Aprés Nail agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this Section. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Aprés Nail that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of theServices, all marketing related to the Services, any licensed content, and all matters relating to or arising from these Terms of Service (including Aprés Nail Privacy Policy and all other terms incorporated into these Terms of Service) or any other agreement between you and Aprés Nail, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER provisions regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory.This includes claims or requests for relief that accrued before you agreed to these Terms of Service.You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
Notice of Dispute: Prior to initiating arbitration, you must first send a written Notice of Dispute by certified mail to Aprés Nail at: 16839 Gale Ave, City Of Industry, CA, 91745.The Notice of Dispute must include the following at a minimum: (a) your name, email address, (b) a detailed description of your claim or Dispute with Aprés Nail, including dates, (c) the specific damages or other remedy or remedies that you are seeking.If we have a dispute with you, we must first send a written Notice of Dispute detailing the dispute and sending it to your email address, which you indicated in your account with the Services.If the claim detailed in either parties’ Notice of Dispute is not resolved within thirty (30) days of sending the Notice of Dispute that conforms with these requirements, then you or Aprés Nail may commence arbitration according to the requirements in these Terms (the “Initial Dispute Resolution Period”).
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception or exclusion applies as stated below.The arbitration will be administered by a single arbitrator by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, the current version of which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement.If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. Unless contrary to JAMS Rules, Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary.In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules.In an arbitration, the arbitrator shall allow dispositive motions. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party.The arbitrator must follow applicable law.The decision of the arbitrator shall be final and binding on you and Aprés Nail, and any award of the arbitrator may be entered in any court of competent jurisdiction.To the greatest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.The arbitration shall be governed by the Federal Arbitration Act.
Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND APRÉS NAIL AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, GROUP, OR CLASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR OTHERWISE SEEK TO RECOVER LOSSES INCURRED BY A THIRD PARTY.To the extent applicable law does not allow the waiver of certain claims, but permits those claims to be arbitrated, then such claims shall be resolved in arbitration.To the extent allowed by law, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including injunctive relief.
Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim and, if meritorious, award the remaining remedy.In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.
EXCEPTION – MASS ARBITRATION: For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply.In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms of Service, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding.All provisions of this Section that are not in conflict with the JAMS Mass Arbitration Rules shall continue to apply.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this Section, and Aprés Nail will bear all other costs charged by JAMS or the arbitrators, including any remaining JAMS Case Management Fee and all professional fees for the arbitrators' services. You will still be responsible for paying your own attorneys’ fees.
30 Day Right to Opt Out: you have the right to opt-out and not be bound by the arbitration agreement by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Aprés Nail at 16839 Gale Ave, City Of Industry, CA, 91745. You must sign and date the notice, and include in it your name, address, and a clear statement that you are opting out of this arbitration agreement.The notice must be sent within 30 days of the date on which you first access or use the Services agree to these Terms of Use; otherwise you shall be bound in accordance with this Section.If you opt-out of these arbitration provisions, Aprés Nail also will not be bound by them.
SECTION 20 - NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You may receive data regarding European Union Residents that we may collect through the Services when you subscribe to our courses (such as their name, job title, or contact information), which we refer to below as “EU Service Data.” If you do so, you agree that you will only use the EU Service Data in either of the following two situations:
(i) in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database.
(ii) pursuant to explicit consent from the data subject of the Service Data, sufficient to comply with the consent requirements of the General Data Protection Regulation (“GDPR”).
When you receive or use EU Service Data, you understand and agree that you are the data controller, and we are your data processor, as those terms are used under the GDPR. You will obtain from each data subject (e.g., the persons in your customer database) all required consents, made available all required data subject rights, and otherwise comply with all provisions of the GDPR applicable to data controllers.
You also agree that you will not provide any personal data to us regarding any resident of the European Union unless you have obtained legally sufficient consent to do so from the data subject of that personal data.
For customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, with Aprés Nail, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply.
This Section supersedes and takes precedence over any separate agreement or terms that we may enter into with you, regarding any data licensed from you to us, or from us to you.
If the Service is not working properly, you can inform us via mail to the e-mail address specified below. Your complaint shall contain your contact information and description of the reason for the complaint. We will respond to the complaint within 14 (fourteen) days after its receipt. Immediately after considering the complaint, but not later than within the period specified above, we will provide you with a response regarding the complaint.We will send the response by the same way by which we received your complaint, unless you specified another way. We may ask you to provide additional information if it is necessary to investigate the complaint.
It is possible to resolve disputes electronically via the ODR Internet platform of the European Union (platform address: http://ec.europa.eu/consumers/odr/), which allows for submitting complaints and pursuing claims.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@apresnail.com.