TERMS AND CONDITIONS OF
Last revision: September 17, 2021
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Mybeautytutors.com (the Website).
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
USE OF COMPANY MATERIALS
USER GENERATED CONTENT
User Generated Content is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an Account):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services.
SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
97 Pollard Drive
Toll Free Canada & U.S.A.
1 (844) 998-2663
AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Mybeautytutors.com.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Mybeautytutors.com. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify The Academy Of Nail Design/mybeautytutors.com and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an as is basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of The Academy Of Nail Design arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to The Academy Of Nail Design in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
MBT STUDENT TERMS & CONDITIONS
As well as being subject to all Terms & Conditions for the use of the MBT website as set out above, all persons enrolling, registering, setting up and maintaining an MBT Member Account on the MBT website are subject to these Additional Terms & Conditions:
Acknowledgement that any and all Listings on the MBT website are made by third parties and are not directly or indirectly related to The Academy Of Nail Design/MBT, and therefore The Academy Of Nail Design accepts no responsibility for the correctness or accuracy of Listings on the MBT site.
Any financial contracts or agreements made by an MBT Member and a Tutor or company listed or hosted on the MBT website are strictly between those two parties who have agreed to the contract or agreement and you acknowledge that The Academy Of Nail Design/MBT is not involved in any financial contracts or agreements between those two parties, nor collects any payment from students or members who sign up for Tutoring sessions or purchases products or services listed on the MBT site, and therefore not financial responsible for any losses or refunds of monies paid to tutors or advertising companies by an MBT Member. We encourage all MBT Members to research and interview potential Tutors PRIOR to hiring them for tutoring sessions, agreeing to any contracts or agreements and/or paying any funds.
MBT TUTOR TERMS & CONDITIONS
As well as being subject to all Terms & Conditions for the use of the MBT website as set out above, all persons enrolling, registering, setting up and maintaining a Tutoring Listing on the MBT website are subject to these Additional Terms & Conditions:
OBLIGATIONS OF TUTORING & TUTORING SESSIONS
By agreeing to these Additional Terms & Conditions you acknowledge that you are marketing yourself as a professional tutor with advanced knowledge and skills in the subject areas outlined in your tutoring profile, and make no misrepresentation of such knowledge, skills or ability to provide set out tutoring sessions to potential and enrolled students or members as you have specified in your MBT Directory listing or MBT LMS platform.
You agree to conduct yourself in a professional manner suitable to providing such Tutoring services as agreed upon. Will respond promptly to student inquiries and provide all promised Tutoring Services and materials as specifically laid out in your Tutoring Agreement with your students.
And any misrepresentation of such knowledge, skills or expected professional behaviour will result in the immediate termination of your MBT Tutor Account and an obligation to refund any and all monies received by you from students.
COLLECTION OF STUDENT DATA
COLLECTION OF STUDENT PAYMENTS
By agreeing to these Terms & Conditions you acknowledge that the collection of student Tutoring Fees is strictly a contract between yourself and your student(s) as agreed to and signed by yourself and your student(s) and that the collection of monies does not involved MBT/The Academy Of Nail Design in any way and therefore you acknowledge that The Academy Of Nail Design/MBT is and will not be financially liable nor subject to refunds requests made by your student(s) for any financial agreements made between you and your students.
REFUND(S) OF STUDENT PAYMENTS
In agreeing to the Terms & Conditions you agree to create and post a Refund Policy for your Tutoring Services listed on MBT, and make sure your student(s) are aware and agree to your Refund Policy PRIOR to them signing up for your Services.
TERMINATION OF TUTORING ACCOUNT
By agreeing to these Terms & Conditions you agree that The Academy Of Nail Design/Mybeautytutors.com has the right in it’s sole discretion to Terminate the account of any Tutor, Advertiser or Member with Notice to such Tutor, Advertiser, Member and without refund of any Fees paid to the site for any violation of these Terms & Conditions as seen fit by The Academy Of Nail Design/mybeautytutors.com.
MBT STUDENT RATING SYSTEM
By enrolling as an MBT Tutor and posting a MBT Directory Listing you acknowledge that students and members of MBT are permitted to rate your Tutoring Services on the MBT website. MBT will fairly review any submitted ratings in accordance with our Terms & Conditions, but is not involved in nor responsible for such ratings and is not subject to any lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind due to such ratings.
CANCELLATION OF TUTORING ACCOUNT
By agreeing to these Terms & Conditions you acknowledge that you may cancel your MBT Tutoring account with MBT at any time by initiating the cancellation process via your MBT Directory Listing Dashboard and that if you wish to re-enrol as a MBT Tutor are subject to all Set Up Fees and monthly subscriptions as set out in the initial enrollment process.
You also acknowledge and agree to that any collected Tutoring Fees you have collected from enrolled students that have not resulted in applicable tutoring sessions you are responsible for refunding to the student(s) within 30 days of the cancellation of your MBT Tutor account.
You also acknowledge that the cancellation of your MBT Tutor account is not subject to any refund of any funds paid to MBT in either monthly subscription amounts or Set Up Fees.