Terms and Conditions of Service

Introduction.

These are the Terms and Conditions of Service (the “Terms”) for the website located at www.neobrowsacademy.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any Programs and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

Neobrows creates, promotes and sells: (i) online education programs for professionals in the beauty industry (the “Service(s)”); and (ii) digital content pieces, student kits and appertaining goods (the “Program(s)).

The Site and the related Programs and services are provided by VALA Holdings LLC (“Neobrows”). The termsus’, ‘its’, ‘oursand/or we’, as used herein, refer to us, Neobrows and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your, and/or yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Acceptance.

If you continue to browse and use Neobrows, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Neobrows’ relationship with you in relation to the Site, along with any Programs and Services offered thereby.

Updates.

Neobrows reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account Registration and Security.

In order to use our Programs or Services, you will need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete account information. We reserve the right to request electronic signatures and account verification methods from our users. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.

Account Suspension, Termination.

Neobrows encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use Neobrows, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Programs or our Services.

Service Eligibility.

Neobrows does not provide its Programs or Services to persons under the age of eighteen (18). If you are under such age, you may only use them under the direct supervision of your parent or legal guardian.

Payments.

You must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

We use worldwide accepted third-party payment processors to bill you through a payment account linked to your account. You hereby authorize us the charging of fees through your indicated payment processing account.

The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Neobrows is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Depending on your place of residence, Neobrows may collect taxes on orders, and you will be able to review them before placing your final order. Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

Purchased Programs.

Once payment clears, we will proceed with the shipment of the purchased Programs. Upon placing an order, payment must be received by Neobrows prior to order processing and/or shipping. Once payment clears, we will proceed to either ship the purchased Programs to you, or to provide you with the activation key or analogous activation mechanism. It is made note that all Programs are subject to availability, and Neobrows will inform you if the selected Programs are out of stock.

All dates displayed are estimated, since Neobrows uses third party couriers to ship Programs, but it will use its commercially reasonable efforts to ship Programs within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology.

Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore Neobrows will not be responsible for any delays or errors by any third party logistics providers.

Neobrows may not be able to ship items to certain regions, and therefore we may reject orders with delivery addresses in such countries. If that becomes the case, we will inform you about the matter.

No Refunds.

We do not offer refunds for our Programs and Services, including, for the avoidance of doubt, sold physical Programs and/or digital content. If you have a problem with your order, please contact us as soon as possible, and we will asses each case on its own merits (i.e. defective and/or mistaken physical training kits). Please include a description of the Programs in question, including thereason for your request, your name, address, account information, payment details, along with images and video of the shipping package, and any defects or shipping damages. Due to their own nature, sold digital content pieces cannot be refunded, under any circumstances.

Obligation to Pay.

Neobrows offers access to digital Programs under a subscription basis varying in length of monthly payments in the form of 3-month and 6-month plans. By choosing to enroll in a Program under these conditions you hereby accept responsibility and obligation to pay the remaining fees without the ability of cancellation or refund.

Disputes & Charge-backs.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with card network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to Neobrows for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Neobrows as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us. If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

Prohibited Activities.

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Programs or the Services in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.

  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

  5. Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.

  6. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Neobrows or any portion or data feeds therefrom.


Ownership.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, the Programs and the Services are the property of –or otherwise are licensed to– Neobrows or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Neobrows, the Site, the Programs and the Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access of any Programs or Services; or (iii) Neobrows begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of any Programs or Services; (ii) access termination or access revocation for our Services, Programs; (iii) Neobrows' termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Neobrows to you from time to time; or (v) Neobrows’ decision to make the Site, the Programs or the Services no longer available for use, at its sole and final discretion.

Third Party Links.

The Site, the Programs and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, Programs or services.

From time to time, we may place ads and promotions from third party sources in the Site, the Programs and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Neobrows, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Neobrows is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

Digital Millennium Copyright Act (‘DMCA’) Notice.

For DMCA Takedown Notices and alleged intellectual property rights infringement within Neobrows, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

You must notify us of your claim with subject: "Takedown Request". Once received, Neobrows will study and consider your claim and, if it believes or has reason to believe any content on Neobrows that infringes on another’s copyright, Neobrows may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Neobrows and its affiliates that copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

No Warranty

Neither Neobrows, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site, the Programs or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Neobrows or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site, the Programs and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

To the fullest extent permissible under applicable law, the Site, the Programs and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Neobrows, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Programs and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.

The entire risk of satisfactory quality and performance resides with you. Neobrows, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Damages

In no event shall Neobrows, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, the Programs or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Neobrows, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall Neobrows’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. For purposes of this limitation of liability, Neobrows’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.





Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend Neobrows, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Neobrows’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Neobrows’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Neobrows); and/or (ii) any third party claim arising out of or in relation to the Site, the Programs or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Programs or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Neobrows will be irreparably damaged, and therefore you agree that Neobrows shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export services in violation of any such restrictions, laws or regulations. You represent and warrant to Neobrows that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.

Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Waiver. Failure by Neobrows to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Neobrows are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

No Waiver. Failure by Neobrows to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Waiver, Dispute Resolution

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Neobrows shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Neobrows, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Pennsylvania, United States of America, without regard to conflict of law principles.

Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.

Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the City of Las Vegas, State of Nevada, United States of America, in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal. The arbitrator’s decision will follow these Terms and will be final and binding.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so. The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site, the Programs, our Services or these Terms, please contact us as indicated in our contact section.



Date of last effective update is 01, 2018.