- Terms and Conditions -
1. Introduction
These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled YaTuStyling, operated by YaTuSab ("us", "we", or "our"), including
www.yatustyling.com or platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us on our online store or elsewhere (collectively, the "Sites"). You may be accessing our Site from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
By using the sites, you signify your agreement to these terms of use (including the class action and jury trial waivers below), our privacy policy and our guidelines and rules. If you do not agree with any of these, you should not use our sites.
We also like to interact with you on third party sites, https://www.instagram.com/ya_tu_styling/ ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but YaTuStyling does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that YaTuStyling does not own or control, or to the actions of people that YaTuStyling does not employ or manage. You should always check the terms of use posted on Third Party Sites.
YaTuStyling reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If YaTuStyling decides to change these Terms of Use, YaTuStyling will post a new version on the Sites and update the date set forth above. Any changes or modifications to these terms of use, guidelines or rules will be effective upon posting of the revisions. The updated terms of use will replace the prior version and are applicable to any future disputes between the parties, regardless of when the disputed interactions arose. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.
2. Copyright
All content on this site, including but not limited to text, images, graphics, logos, videos, and software, is the property of YaTuStyling or its licensors and is protected by copyright laws and international treaties. You may not use, reproduce, modify, distribute, or display any content from this site without prior written permission from YaTuSab, unless otherwise permitted by law or in accordance with these Terms of Use. By submitting content to the site, you grant YaTuSab a non-exclusive, worldwide, royalty-free license to use, display, modify, and distribute your content as outlined in these terms. Any unauthorized use of the content may result in legal action.
3. Trademarks
YaTuStyling.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of YaTuStyling and may not be used in connection with any product or service that is not offered by YaTuStyling in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
4. Product Information
The products displayed on the Sites can be ordered and delivered only within Canada and certain select countries. You can change the currency at the top of the page, the currencies available are CAD$ and US$.
All material and information presented by YaTuStyling is intended to be used for personal, educational or informational purposes only. YaTuStyling attempts to be as accurate as possible. However, YaTuStyling does not warrant that product descriptions or other content of any Sites is accurate, complete, reliable, current, or error-free. Please review the “About the Product” section of any product page for the most current product information. The statements and products sold through YaTuStyling are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from YaTuStyling it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
From time to time, we may provide summaries of or highlights from product descriptions, the text of customer Reviews (as defined below), and other information on the Site(s). In some cases, these summaries may be created with the help of artificial intelligence (“AI”). Summaries are provided for convenience, but are not exhaustive representations of product descriptions or full Reviews. Users should be aware of the limitations inherent in AI technology; AI summarization may not capture all nuances and detailed insights present in product descriptions or Reviews. YaTuStyling does not guarantee the completeness or accuracy of the information presented in these summaries. Users are encouraged to read full product descriptions and Reviews where available, especially when making purchasing decisions.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. YaTuStyling does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. YaTuStyling does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. If you are in need of medical attention, call 911 or your physician immediately.
5. Color Information
While YaTuStyling has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
6. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").
7. Your Use of Content on the Sites and Limitation of Liability
YaTuStyling provides the Sites and the Community and all other applications and services on the Sites as a forum only. YaTuStyling is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by YaTuStyling. YaTuStyling cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and YaTuStyling shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will YaTuStyling be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers.
YaTuStyling reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
8. Third Party Content and Third Party Sites
YaTuStyling may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. YaTuStyling does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between YaTuStyling and such third party. YaTuStyling does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. YaTuStyling is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to YaTuStyling through the Community, do not necessarily reflect the views of YaTuStyling.
Third Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried in YaTuStyling).
9. Modification of Content
All Content that you submit is not confidential and may be used at YaTuStyling's sole discretion. YaTuStyling may or may not pre-screen Content. However, YaTuStyling and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, YaTuStyling and its designees will have the right to remove any Content that YaTuStyling deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. YaTuStyling does not guarantee that you will have any recourse through YaTuStyling to edit or delete any Content you have submitted. YaTuStyling reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, YaTuStyling reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not YaTuStyling, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of YaTuStyling, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
10. Reservation of Rights
YaTuStyling reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. YaTuStyling may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of YaTuStyling (and its employees), its users and the public.
11. Disclaimer of Warranties
YATUSTYLING IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE
COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY
LAW, SEPHORA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, YATUSTYLING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE
OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
12. Disclaimer of Liabilities
YATUSTYLING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
13. Indemnification
You agree to defend, indemnify and hold harmless YaTuStyling (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.
14. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates YaTuStyling’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
15. Privacy
By submitting your email address in connection with your account, you agree that YaTuStyling and its third-party service providers may use your email address to contact you about your YaTuStyling account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. YaTuStyling's Privacy Policy provides further detail on the manner in which YaTuStyling may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.
16. Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and YaTuStyling's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. Dispute Resolution
If a dispute should arise between you and YaTuStyling, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to Javiers@yatustyling.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND YATUSTYLING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid,
illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by YaTuStyling, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.