Privacy policy
Terms of Service (hereinafter referred to as the "Agreement") is an official agreement between NZН ENTERPRISES LLC (Company number 81-2678740) providing consulting services, hereinafter referred to as the "Contractor", and legal entity or an individual confirming the acceptance of the terms and conditions found in the Agreement, referred to as the “Customer.”
The Agreement is designated to the individual entering the agreement hereby providing mutual guarantees of their legal capacity in respect of terms and conditions of this Agreement. Acceptance of this Agreement guarantees that the Contractor provides the services specified in the invoice, and the Customer undertakes the payment of services, in accordance with the invoice.
This Agreement shall be considered “accepted” in the case when the Customer adopts and accepts all of the terms and conditions unconditionally, and in full.
By accepting this Agreement, the Customer warrants that they are familiar with, agree, and unconditionally accept the terms and conditions of this Agreement.
The Contractor may unilaterally change the conditions of this Agreement, without receiving the Customer’s consent, the Customer is provided with the updated terms and conditions that can be found on the Website
https://thelashshow.com// and considered valid immediately.
Definitions
For the purposes of this Agreement, the following terms are used in the following meaning:
Website - the website of the Contractor, located on the Internet under a domain name (webpage address) -
https://thelashshow.com/, as well as its derivative webpages and (or) any webpage, with the help of which it is possible to gain access to services, in accordance with the terms of the Agreement.
The Contractor - NZН ENTERPRISES LLC (Company number 81-2678740), the owner of the project THE LASH SHOW, providing and organizing digital materials and online conferences to perform services according to the Agreement.
The Customer - an individual or legal entity that is willing to access and use information found on the Website, e-mails, products or programs through purchasing the Contractor’s services according to terms of the Agreement.
Electronic mail (E-mail) - a method of communication that provides the Customer with important information about the Contractor’s services through the Internet.
Issuing Bank - the bank of the Customer (aka Cardholder), which is responsible for paying the Contractor for the goods and services the Customer purchases.
Processing center - CloudPayments processing center, for more details -
https://stripe.com/
Electronic payment service - PayPal electronic payment service, for more details -
https://www.paypal.com/.
Cardholder – an individual, who obtains a bank card (credit or debit) from a card Issuing Bank, presents their bank card as a payment method for providing goods and services in Contractor’s favor.
Bank card - a part of a payment system issued by the Issuing Bank, which is an instrument of non-cash payments, intended for the Cardholder to perform transactions with funds in the Cardholder’s bank accounts with the Issuing Bank, or with funds provided by the Issuing Bank on credit to the Cardholder in accordance with the legislation, as well as the bank account agreement, or within the established limit, in accordance with the terms of the loan agreement between the Issuing Bank and the Cardholder, provided that such payment or credit card can be used by the Cardholder for payment for the Contractor's Services. The Cardholder agrees to pay for the services that they purchase and authorize the Contractor to charge their debit or credit card for those services. Payment for the Contractor's Services in accordance with this Agreement is possible with Bank cards of payment systems VISA International, MasterCard International. At the same time, the Issuing bank establishes the possibility of using specific types of VISA International and MasterCard International cards.
Customer Acceptance - the Customer's unconditional consent to the terms of this Agreement.
Personal Account (account) - a section of the Contractor's Website, protected by an access control system, which provides the Customer with an interface for interacting with the Contractor under the Agreement.
Event - the process of providing the Customer with the digital materials purchased by the Customer or holding online conferences on the topic indicated on the Site.
Course - the system of multimedia information dedicated to improve an eyelash extentions skills. A full description is provided on the Website.
The Agreement may use terms that are not defined in this section of the Agreement. In this case, the interpretation of the terms is followed according to the context and meaning of this Agreement.
In the absence of an unambiguous interpretation of the term in the text of the Agreement, the Customer should be guided, firstly, by the interpretation of the terms used on the Website; secondly, the civil legislation of the USA.
1. General Provisions
1.1. Subject of the Agreement.
1.1.1. In accordance with the terms of this agreement, the Contractor is obliged to provide information/consulting services, and the Customer agrees to pay for the Services.
1.2. The Contractor provides the Customer with the Course schedule, the description of the Course that shall be found on the Website.
1.3. The Contractor’s documents and materials can be presented in various formats, such as text documents, audio, video and image files. The Contractor also provides the Customer with consulting services about the digital materials provided.
1.4. The Services can be provided directly by the Contractor as well as the parties involved.
1.5. Access to the Contractor’s services is provided to the Customer for a period according to the paid fee. The Customer is responsible to manage their own time in order to acquire full use from the information provided by the Contractor. Upon the expiration of the period of purchased Contractor’s services, access to materials is automatically rejected. The Customer has the right to purchase access to the information materials by making a new payment on the Event Website.
1.6. After purchasing the Contractor's services, the Customer acquires access to information that is located on the Customer's personal Website account. The Customer chooses the most convenient service for them (including the period of time one has access to service) and pays a fee for it, according to the Contractor’s offer. The Customer is responsible for their means of access to the Contractor’s services.
1.7. In order to abide by the Agreement, the Customer makes payment for the chosen services. (through different secured online payment methods.)
1.8. The service fees for participation in the Event are indicated on the Website.
1.9. This Agreement is considered complete and becomes effective for the consumers the moment the Customer’s payment for services goes through.
1.10. The Contractor does NOT provide educational services to any official educational institution and does NOT issue any certificates and licenses to them. The Contractor is NOT considered as medical advice for any reason.
2. CONDITIONS OF PARTICIPATION IN THE EVENT
2.1. To participate in the Event, the Customer should fill out the Application in the form posted on the Website on the corresponding Event Page.
2.2. The Customer makes payments for services according to the Agreement in the amount established by the Contractor, which is available on the Website.
2.3. Payment for the Contractor’s services is carried out through Strype processing center or through PayPal electronic payment service. Payment methods are indicated on the payment page for services and can be changed by the Contractor. If one pays using a bank card, the Customer is recommended to use the Bank card that is issued to the name of the Customer. Payment will not be accepted in case of the Customer’s violation of the terms and conditions of payment procedure established in this Agreement. In case of the filing refund for the purchased services, the refund is performed to the same Bank card which was used for payment of service.
2.4. By accepting the terms of the Agreement, the Customer agrees and authorizes the Contractor to process their personal information, provided by the Customer. The Contractor takes into consideration the necessity to ensure the protection of personal data holder’s rights and freedoms.
2.5. By purchasing the Contractor’s services according to this Agreement, the Customer confirms that:
3. Rights and obligations of the parties
3.1. The Contractor is obliged:
3.1.1. To perform arrangements of the Event, to provide the Customer with access to their personal account and to the informational materials.
3.1.2. If needed, the Contractor provides the Customer with a notice of the upcoming Event (via e-mail address that has been specified during the registration).
3.1.3. To provide the Customer with important information about the Event. Information can be found on the Contractor’s Website at the Event Page.
3.1.4. To provide the Customer with support and consulting them regarding the information materials provided by the Contractor, as well as regarding the procedure and rules while filling out the Application through e-mail info@thelashshow.com.
3.1.5. To provide the Customer with the notice at least three calendar days prior to change of the conditions of providing the access to the Contractor’s services.
3.1.6. The Contractor’s obligations are considered fulfilled from the moment of providing the Customer with the access to the Contractor’s information of the Event.
3.2. The Contractor has the right to:
3.2.1. Perform photo and video recordings during the process of the Customer’s use and work with information materials, without prior discussion with the Customer and receiving their agreement as well as without paying remuneration. The Contractor retains ownership of all intellectual property rights to these materials, the use of which by third parties is possible only with the WRITTEN PERMISSION from the Contractor.
3.2.2. The Contractor has the right to change the cost of services provided, as well as the Contractor can make changes in the conditions of this Agreement. The Contractor notifies the Customer about changes that have been made though the Contractor’s Website which can be found at the address of the Event Page and the Customer is responsible for their awareness of and familiarization with the specified changes. The Customer is notified about changes made via email, phone call or SMS according to the contact phone number specified by the Customer, or through a personal message on the Event's social network account. A notice of change in other conditions is also placed on the Website at the Event Page. Warning about any upcoming changes shall be published no later than 3 days prior to the moment these changes are made.
3.2.3. Develop and change the program of the Event and determine the number and composition or speakers at the Event.
3.2.4 Suspend the provision of services in case of incomplete payment for the Services within the established time frame, in case of untimely provision of data when filling out the Application, or if inaccurate personal information is provided by the Customer when filling out the Application until the moment when the issues are fully resolved.
3.2.5. Use photo, video, audio materials, screenshots, correspondence and reviews, which depict the results of the course participants for advertising purposes. Meanwhile, the Contractor guarantees, and the Customer agrees that all materials are used with the consideration of personal data protection by the Contractor, without specifying the Customers’ names, as well as avoiding images with the Customer’s distinct face features. Such materials are demonstrated in any way available to the performer. By purchasing the course, the Customer gives their consent to use the materials specified above in this paragraph.
3.2.6. The Contractor has the right to refuse services to the Customer solely without any explanation. In this case, the successfully processed fees that have been paid by the Customer, will be returned to the Customer. The Contractor withholds rendered services, which are determined in proportion to the performed obligations by the Contractor.
3.3. The CUSTOMER undertakes:
3.3.1. Accepting the Contractor’s services and agreeing with the recommended date, time, conditions of the Event, PRIOR to submission of the Application. The Customer accepts any changes in the terms and conditions made by the Contractor that can be found on the Website. Inaccurate or false information about the Customer’s characteristics becomes ONLY the Customer’s responsibility for the consequences caused by given inaccurate information.
3.3.2. Submitting the application using correct information. The Customer is responsible for filling out and submitting the Application prior to the use of the Contractor’s services. It is required to fill out the mandatory fields (in accordance with clauses 2.1, 2.2 of this Agreement) of the Application, specifying the selected Event and reliable, genuine information.
3.3.3. Payment for the selected Event must be processed according to the terms of the Event. The following terms and conditions of the Event, its fees, along with the special offers are provided by the Contractor on the Website and/or its subdomains, including the Event Page.
3.3.4. Awareness of the process of phased transition to improved eyelash extensions skills and undertakes to comply with the evaluation criteria for the participants of the Event. In order to participate, the Customer accepts and fulfills the Contractor’s requirements and recommendations, including the reporting of their progress, and follows the Contractor’s guidelines when performing certain tasks.
3.3.5. Responsibility to notify the Contractor about the change of their contact information in writing IMMEDIATELY via e-mail and/or via direct message on the social network “Instagram” to the Contractor’s personal profile.
3.3.6. In case the Customer expresses refusal in participation in the Event, it is only the Customer’s responsibility to provide the Contractor with the complete and filled out application. The template is provided by the Contractor by the Customer's request, in writing via email. Submission of the application due to the refusal is the responsibility of the Customer only. If the Customer wishes to complete the refusal in participating in the Event, the Customer provides the Contractor with a written statement.
3.3.7. The Customer understands and agrees that the courses are sold “as is.” If the Customer informed the Contractor of their refusal without meeting the refund policy standards, the Contractor is unable to perform the refund and withholds 100% of services payment.
3.3.8. The Customer assumes full responsibility for their choices before, after and during the Customer’s enrollment in the Event.
3.4. The CUSTOMER has the right to:
3.4.1. Require the Contractor to comply with the terms of this Agreement.
4. LIABILITY OF THE PARTIES
4.1. In cases of non-fulfillment or improper fulfillment of his obligations under the Agreement, the Customer is liable in accordance with the legislation of USA, taking into account the terms of this Agreement.
4.2. The Contractor shall not be held liable in the event of improper provision of the service, if the improper performance was the result of inaccuracy, inadequacy or untimely information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer.
4.3. The Contractor is not responsible for the discrepancy of the services provided to the expectations of the Customer and/or for their subjective assessment, such discrepancy with expectations and/or negative subjective assessment are not grounds for considering the services rendered poorly or not in the agreed volume.
4.4. The Contractor is not considered responsible for full or partial failure to fulfill the obligations provided in this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
4.5. The Customer undertakes to indicate reliable data when filling out (reissuing to a third party) the Application, the Contractor has the right to refuse participation of an Individual not registered as the Customer in the Event.
4.6. In the event that the Customer, for reasons beyond the control of the Contractor, did not use access to information materials, did not complete the tasks recommended by the Contractor, and did not notify the Contractor about his desire to refuse to provide services within the timeframes specified in clause 3.3.8. of this Agreement or notified after the end of the Event, the service is considered to be provided properly and the money paid to the Contractor is not refundable.
4.7 The Contractor and the Customer acknowledge and agree that the results achieved by the Customer from the use of the course depend on the Customer's individual skills and abilities. The Contractor makes no warranty as to the results obtained from use of this course, and disclaims any responsibility for harm resulting from the use or misuse of the content by the Customer.
4.8 The Customer expressly agrees that their use of, or inability to use the Contractor’s services and the consequences of improper execution of clause 3.3.10 of this Agreement before, during and after using the Contractor’s services is AT THE CUSTOMER’S SOLE RISK. The Contractor’s services offer information, which is designed for INFORMATIONAL and ENTERTAINMENT purposes only. The Customer uses the information provided through the Contractor’s services SOLELY AT THEIR OWN RISK.
4.9. The Customer is informed that the Contractor is NOT responsible for any injuries (both physical and psychological) involved before, during or after the Event. The customer accepts that the Contractor’s guidelines are carried through the educational purpose ONLY. Hereby, the Customer ACCEPTS and ASSUMES all risks existing before, during and after the Contractor’s Events.
4.10. Therefore, the Customer releases, indemnifies and holds harmless the Contractor, its employees, sponsors, advertisers and other participants from any and all claims, demands, losses and liability arising out of or related to any INJURY, DISABILITY OR DEATH they may suffer, or loss or damage to any property.
4.11. The Customer understands that the Contractor can revoke or suspend The Customers access to the Website and any Services at any time in case of the Customers’ improper, disrespectful behavior, such as, but are not limited to, non-constructive criticism of the Contractor’s services; abusive, unlawful, rude comments about the Contractor and everyone involved. The Customer undertakes the communication between the Contractor, and everyone involved as a relationship based on mutual respect and honesty. In case of the violation of this clause, the Contractor has the right to DENY the Customer access to information materials and services WITHOUT refunding remuneration, followed by the termination of this Agreement.
4.12. The Customer acknowledges that the Contractor’s services are protected by copyrights, and other proprietary rights, and that these rights are protected and valid in all forms, media and technologies existing now. It is prohibited to provide third parties with access to video files or online broadcasts without obtaining the consent of the Contractor and duplicating, copying, or recording the Contractors services. In case of neglecting the Contractor’s Intellectual property the Customer entails a fine of 100,000 (one hundred thousand) US Dollars for each violation.
4.13. The use of the account/personal cabinet of the participant by unregistered individuals leads to the termination of the Customer’s account and gives the right to the Contractor to demand the fine specified in clause 4.12. of this agreement, and the Customer is obliged to meet and satisfy this requirement.
5. DISPUTE RESOLUTION
5.1. All disputes, controversy or claim arising out of, relating to or in connection with this Agreement shall be finally resolved by the Parties by binding arbitration.
5.2. If mutual agreement cannot be achieved between the Parties, all disputes are asserted in the court, governed by and construed in accordance with the laws active on the territory of the Contractor's legal address.
5.3. The Customer confirms that all disputes will be considered by the court that obliged to resolve suitcases in the area of the Contractor's legal address.
6. INTELLECTUAL PROPERTY
6.1. All materials including images, texts, illustrations, designs, icons, photographs, programs, videos and written and other materials are part of the Website that are owned, controlled by the Contractor and its partners and are protected by the international copyright laws. All materials provided by the Contractor to the Customer in the course of the Event (including, but not limited to, methods, descriptions, exercises (both in combination and separately), the procedure for determining and recording results, etc.) are intended only for the Customer. The Customer IS PROHIBITED to publicly copy and announce their performance or allow access to third parties without The Contractor’s consent.
6.2. The Customer IS PROHIBITED to copy audio and video materials of the Contractor’s services provided online, in whole or partially, to record the broadcasts of the Events, as well as to record the content of such Events in whole or partially in any way and/or on any material medium, as well as use the content of the specified Activities without the written consent of the Contractor (including by public copying or quoting, as well as the publication of the process of performing the eyelash extension techniques included in the Event), which will be considered a violation of the Intellectual Property of the Contractor and can cause civil, administrative and other violations in accordance with the current legislation of the International Copyright laws. In case of the Customer’s violation of the contractor’s intellectual property, the Contractor can provoke and terminate the Customer’s access to the materials, without any refunds. The Contractor also has a right to claim reimbursement of the actual expenses in the Contractor’s favor, including all the additional fees covered by the Contractor (attorney, transferring funds, etc) .
7. OTHER CONDITIONS
7.1. This Agreement is considered valid until the Parties follow its terms and conditions.
7.2. The Customer undertakes filling out the Application and from the moment of its submission the Agreement becomes effective.
7.3. The Customer should not use the Contractor’s services if they don’t agree with the Contractor’s Privacy Policy. By entering into this Agreement the Customer consents and authorizes the Contractor to use their personal data, such as name, address, phone number, e-mail address, relationship with the Contractor, data about business and income transferred to the Contractor as a part of the execution of this Agreement, the publication of materials proving the fact of the received services from the Contractor by means of social media - television , radio, through the Internet, print media, social networks, as well as the publication of these materials on the official Website and on social resources of the Contractor.
7.4. The Customer gives the Contractor their consent to use their photo, video material along with the reviews and their progress before, during and after the use of The Contractor’s services.
If the Customer disagrees with the granting rights to use their images, they shall notify the CONTRACTOR in writing via e-mail address - info@thelashshow.com
7.5. In any other matter that is not covered in this Agreement, the Parties shall be guided by the current legislation of the USA.
7.6. The Customer confirms, and understands, that all the terms of this Agreement are clear to the Customer, and the Customer accepts and agrees to comply with all the terms of this agreement unconditionally and in full.
7.7. The Contractor has the right for unilateral amendment of this Agreement. The Contractor may amend the terms of this Agreement at any time by reasonable notice three days before the changes become effective. The Customer is notified via an information letter through any available communication method, or by publishing a notice on the Website
thelashshow.com/. In case of non-acceptance of the updated Agreement, the Customer is obliged to inform the Contractor of their disagreement within three days from the date of publication of the notice about the change in the terms of the Agreement in writing at the Contractor’s e-mail address
info@thelashshow.com/. If the Customer has not filed their notice of non-acceptance of the Agreement, taking into account the changes within three days, the Agreement is considered unilaterally amended and effective. The absence of such notice from the Customer is considered as an expression of agreement with the changes and acceptance of the changes in full.
8. THE CONTRACTOR:
NZH ENTERPRISES LLC
1234 AIRPORT RD
STE 109
DESTIN, FL 32541
FEIN 81-2678740
Disclaimers:
THIS SITE IS PROVIDED BY THE CONTRACTOR ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTRACTOR DISCLAIMS ALL WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE CONTRACTOR OR ANY OF ITS EMPLOYEES, VENDORS OR SUPPLIERS BE LIABLE TO THE CUSTOMER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
https://thelashshow.com/ WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CONTRACTOR BE LIABLE FOR ANY DAMAGES IN EXCEL OF THE FEES PAIN BY THE CUSTOMER IN CONNECTION WITH THE CUSTOMER’S USE OF THE SITE.
PRIVACY POLICY
This Privacy Policy applies to our Website
https://thelashshow.com/, and any of our other internet properties or mobile applications (collectively, “our Website”), and all services, classes, trainings, activities, programs, and store purchases that we offer within our Website (collectively, the “Services”).
By accessing or using our Website or Services you acknowledge that:
WHAT INFORMATION WE COLLECT FROM YOU:
HOW WE USE USER INFORMATION
The information we receive from you is used:
HOW IS USER INFORMATION PROTECTED
Your privacy is important to us. We collect information about you when you use our Services, visit our Website, or submit information to us. We collect, retain, and utilize information about you to operate our business and to make our Services and other opportunities available to you.
We perform numerous different administrative, management and technical security measures to protect your personal information. Our Company adheres to various international control standards aimed at dealing with personal information, which include control measures to protect the information collected on the Internet.
By contacting the support service, any user can unsubscribe and send a request to remove their personal data from our system.We do not pass information about users to third parties, all information received is used only within our company.
Any attempt to substitute, steal, destroy data is considered a violation and will be prosecuted in accordance with the laws of the USA.
This policy may change from time to time. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
The Agreement is designated to the individual entering the agreement hereby providing mutual guarantees of their legal capacity in respect of terms and conditions of this Agreement. Acceptance of this Agreement guarantees that the Contractor provides the services specified in the invoice, and the Customer undertakes the payment of services, in accordance with the invoice.
This Agreement shall be considered “accepted” in the case when the Customer adopts and accepts all of the terms and conditions unconditionally, and in full.
By accepting this Agreement, the Customer warrants that they are familiar with, agree, and unconditionally accept the terms and conditions of this Agreement.
The Contractor may unilaterally change the conditions of this Agreement, without receiving the Customer’s consent, the Customer is provided with the updated terms and conditions that can be found on the Website
https://thelashshow.com// and considered valid immediately.
Definitions
For the purposes of this Agreement, the following terms are used in the following meaning:
Website - the website of the Contractor, located on the Internet under a domain name (webpage address) -
https://thelashshow.com/, as well as its derivative webpages and (or) any webpage, with the help of which it is possible to gain access to services, in accordance with the terms of the Agreement.
The Contractor - NZН ENTERPRISES LLC (Company number 81-2678740), the owner of the project THE LASH SHOW, providing and organizing digital materials and online conferences to perform services according to the Agreement.
The Customer - an individual or legal entity that is willing to access and use information found on the Website, e-mails, products or programs through purchasing the Contractor’s services according to terms of the Agreement.
Electronic mail (E-mail) - a method of communication that provides the Customer with important information about the Contractor’s services through the Internet.
Issuing Bank - the bank of the Customer (aka Cardholder), which is responsible for paying the Contractor for the goods and services the Customer purchases.
Processing center - CloudPayments processing center, for more details -
https://stripe.com/
Electronic payment service - PayPal electronic payment service, for more details -
https://www.paypal.com/.
Cardholder – an individual, who obtains a bank card (credit or debit) from a card Issuing Bank, presents their bank card as a payment method for providing goods and services in Contractor’s favor.
Bank card - a part of a payment system issued by the Issuing Bank, which is an instrument of non-cash payments, intended for the Cardholder to perform transactions with funds in the Cardholder’s bank accounts with the Issuing Bank, or with funds provided by the Issuing Bank on credit to the Cardholder in accordance with the legislation, as well as the bank account agreement, or within the established limit, in accordance with the terms of the loan agreement between the Issuing Bank and the Cardholder, provided that such payment or credit card can be used by the Cardholder for payment for the Contractor's Services. The Cardholder agrees to pay for the services that they purchase and authorize the Contractor to charge their debit or credit card for those services. Payment for the Contractor's Services in accordance with this Agreement is possible with Bank cards of payment systems VISA International, MasterCard International. At the same time, the Issuing bank establishes the possibility of using specific types of VISA International and MasterCard International cards.
Customer Acceptance - the Customer's unconditional consent to the terms of this Agreement.
Personal Account (account) - a section of the Contractor's Website, protected by an access control system, which provides the Customer with an interface for interacting with the Contractor under the Agreement.
Event - the process of providing the Customer with the digital materials purchased by the Customer or holding online conferences on the topic indicated on the Site.
Course - the system of multimedia information dedicated to improve an eyelash extentions skills. A full description is provided on the Website.
The Agreement may use terms that are not defined in this section of the Agreement. In this case, the interpretation of the terms is followed according to the context and meaning of this Agreement.
In the absence of an unambiguous interpretation of the term in the text of the Agreement, the Customer should be guided, firstly, by the interpretation of the terms used on the Website; secondly, the civil legislation of the USA.
1. General Provisions
1.1. Subject of the Agreement.
1.1.1. In accordance with the terms of this agreement, the Contractor is obliged to provide information/consulting services, and the Customer agrees to pay for the Services.
1.2. The Contractor provides the Customer with the Course schedule, the description of the Course that shall be found on the Website.
1.3. The Contractor’s documents and materials can be presented in various formats, such as text documents, audio, video and image files. The Contractor also provides the Customer with consulting services about the digital materials provided.
1.4. The Services can be provided directly by the Contractor as well as the parties involved.
1.5. Access to the Contractor’s services is provided to the Customer for a period according to the paid fee. The Customer is responsible to manage their own time in order to acquire full use from the information provided by the Contractor. Upon the expiration of the period of purchased Contractor’s services, access to materials is automatically rejected. The Customer has the right to purchase access to the information materials by making a new payment on the Event Website.
1.6. After purchasing the Contractor's services, the Customer acquires access to information that is located on the Customer's personal Website account. The Customer chooses the most convenient service for them (including the period of time one has access to service) and pays a fee for it, according to the Contractor’s offer. The Customer is responsible for their means of access to the Contractor’s services.
1.7. In order to abide by the Agreement, the Customer makes payment for the chosen services. (through different secured online payment methods.)
1.8. The service fees for participation in the Event are indicated on the Website.
1.9. This Agreement is considered complete and becomes effective for the consumers the moment the Customer’s payment for services goes through.
1.10. The Contractor does NOT provide educational services to any official educational institution and does NOT issue any certificates and licenses to them. The Contractor is NOT considered as medical advice for any reason.
2. CONDITIONS OF PARTICIPATION IN THE EVENT
2.1. To participate in the Event, the Customer should fill out the Application in the form posted on the Website on the corresponding Event Page.
2.2. The Customer makes payments for services according to the Agreement in the amount established by the Contractor, which is available on the Website.
2.3. Payment for the Contractor’s services is carried out through Strype processing center or through PayPal electronic payment service. Payment methods are indicated on the payment page for services and can be changed by the Contractor. If one pays using a bank card, the Customer is recommended to use the Bank card that is issued to the name of the Customer. Payment will not be accepted in case of the Customer’s violation of the terms and conditions of payment procedure established in this Agreement. In case of the filing refund for the purchased services, the refund is performed to the same Bank card which was used for payment of service.
2.4. By accepting the terms of the Agreement, the Customer agrees and authorizes the Contractor to process their personal information, provided by the Customer. The Contractor takes into consideration the necessity to ensure the protection of personal data holder’s rights and freedoms.
2.5. By purchasing the Contractor’s services according to this Agreement, the Customer confirms that:
- They understand that the Contractor’s program of video-tutorials are performed without taking into account their individual features. THE CONTRACTOR IS OBLIGED TO PROVIDE THE CUSTOMER WITH ACCESS TO THE PURCHASED DIGITAL MATERIALS ONLY. THE CUSTOMER MUST INDEPENDENTLY ASSESS THEIR SKILLS LEVEL, LEVEL OF TRAINING AND STATE OF HEALTH AND MAKE DECISION OUT OF THEIR OWN DISCRETION. THE CONTRACTOR CAN NOT BE RESPONSIBLE FOR INJURIES OF THE CUSTOMER OR THIRD PARTIES;
- They understand and accept the control over the accuracy of eyelash extensions technique which is performed by the CUSTOMER only;
- They take care of the opportunity of the access to the Contractor’s services, The Contractor is not responsible for the Customer’s technical means;
- They understand the primary purpose of the Contractor’s services is purely advisory. Nothing on this Website or distributed via e-mail is intended to take the place of a consultation with a physician, ophthalmologist, dermatologist, chiropractor, doctor, medical professional of any kind, or other relevant professional.
3. Rights and obligations of the parties
3.1. The Contractor is obliged:
3.1.1. To perform arrangements of the Event, to provide the Customer with access to their personal account and to the informational materials.
3.1.2. If needed, the Contractor provides the Customer with a notice of the upcoming Event (via e-mail address that has been specified during the registration).
3.1.3. To provide the Customer with important information about the Event. Information can be found on the Contractor’s Website at the Event Page.
3.1.4. To provide the Customer with support and consulting them regarding the information materials provided by the Contractor, as well as regarding the procedure and rules while filling out the Application through e-mail info@thelashshow.com.
3.1.5. To provide the Customer with the notice at least three calendar days prior to change of the conditions of providing the access to the Contractor’s services.
3.1.6. The Contractor’s obligations are considered fulfilled from the moment of providing the Customer with the access to the Contractor’s information of the Event.
3.2. The Contractor has the right to:
3.2.1. Perform photo and video recordings during the process of the Customer’s use and work with information materials, without prior discussion with the Customer and receiving their agreement as well as without paying remuneration. The Contractor retains ownership of all intellectual property rights to these materials, the use of which by third parties is possible only with the WRITTEN PERMISSION from the Contractor.
3.2.2. The Contractor has the right to change the cost of services provided, as well as the Contractor can make changes in the conditions of this Agreement. The Contractor notifies the Customer about changes that have been made though the Contractor’s Website which can be found at the address of the Event Page and the Customer is responsible for their awareness of and familiarization with the specified changes. The Customer is notified about changes made via email, phone call or SMS according to the contact phone number specified by the Customer, or through a personal message on the Event's social network account. A notice of change in other conditions is also placed on the Website at the Event Page. Warning about any upcoming changes shall be published no later than 3 days prior to the moment these changes are made.
3.2.3. Develop and change the program of the Event and determine the number and composition or speakers at the Event.
3.2.4 Suspend the provision of services in case of incomplete payment for the Services within the established time frame, in case of untimely provision of data when filling out the Application, or if inaccurate personal information is provided by the Customer when filling out the Application until the moment when the issues are fully resolved.
3.2.5. Use photo, video, audio materials, screenshots, correspondence and reviews, which depict the results of the course participants for advertising purposes. Meanwhile, the Contractor guarantees, and the Customer agrees that all materials are used with the consideration of personal data protection by the Contractor, without specifying the Customers’ names, as well as avoiding images with the Customer’s distinct face features. Such materials are demonstrated in any way available to the performer. By purchasing the course, the Customer gives their consent to use the materials specified above in this paragraph.
3.2.6. The Contractor has the right to refuse services to the Customer solely without any explanation. In this case, the successfully processed fees that have been paid by the Customer, will be returned to the Customer. The Contractor withholds rendered services, which are determined in proportion to the performed obligations by the Contractor.
3.3. The CUSTOMER undertakes:
3.3.1. Accepting the Contractor’s services and agreeing with the recommended date, time, conditions of the Event, PRIOR to submission of the Application. The Customer accepts any changes in the terms and conditions made by the Contractor that can be found on the Website. Inaccurate or false information about the Customer’s characteristics becomes ONLY the Customer’s responsibility for the consequences caused by given inaccurate information.
3.3.2. Submitting the application using correct information. The Customer is responsible for filling out and submitting the Application prior to the use of the Contractor’s services. It is required to fill out the mandatory fields (in accordance with clauses 2.1, 2.2 of this Agreement) of the Application, specifying the selected Event and reliable, genuine information.
3.3.3. Payment for the selected Event must be processed according to the terms of the Event. The following terms and conditions of the Event, its fees, along with the special offers are provided by the Contractor on the Website and/or its subdomains, including the Event Page.
3.3.4. Awareness of the process of phased transition to improved eyelash extensions skills and undertakes to comply with the evaluation criteria for the participants of the Event. In order to participate, the Customer accepts and fulfills the Contractor’s requirements and recommendations, including the reporting of their progress, and follows the Contractor’s guidelines when performing certain tasks.
3.3.5. Responsibility to notify the Contractor about the change of their contact information in writing IMMEDIATELY via e-mail and/or via direct message on the social network “Instagram” to the Contractor’s personal profile.
3.3.6. In case the Customer expresses refusal in participation in the Event, it is only the Customer’s responsibility to provide the Contractor with the complete and filled out application. The template is provided by the Contractor by the Customer's request, in writing via email. Submission of the application due to the refusal is the responsibility of the Customer only. If the Customer wishes to complete the refusal in participating in the Event, the Customer provides the Contractor with a written statement.
3.3.7. The Customer understands and agrees that the courses are sold “as is.” If the Customer informed the Contractor of their refusal without meeting the refund policy standards, the Contractor is unable to perform the refund and withholds 100% of services payment.
3.3.8. The Customer assumes full responsibility for their choices before, after and during the Customer’s enrollment in the Event.
3.4. The CUSTOMER has the right to:
3.4.1. Require the Contractor to comply with the terms of this Agreement.
4. LIABILITY OF THE PARTIES
4.1. In cases of non-fulfillment or improper fulfillment of his obligations under the Agreement, the Customer is liable in accordance with the legislation of USA, taking into account the terms of this Agreement.
4.2. The Contractor shall not be held liable in the event of improper provision of the service, if the improper performance was the result of inaccuracy, inadequacy or untimely information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer.
4.3. The Contractor is not responsible for the discrepancy of the services provided to the expectations of the Customer and/or for their subjective assessment, such discrepancy with expectations and/or negative subjective assessment are not grounds for considering the services rendered poorly or not in the agreed volume.
4.4. The Contractor is not considered responsible for full or partial failure to fulfill the obligations provided in this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
4.5. The Customer undertakes to indicate reliable data when filling out (reissuing to a third party) the Application, the Contractor has the right to refuse participation of an Individual not registered as the Customer in the Event.
4.6. In the event that the Customer, for reasons beyond the control of the Contractor, did not use access to information materials, did not complete the tasks recommended by the Contractor, and did not notify the Contractor about his desire to refuse to provide services within the timeframes specified in clause 3.3.8. of this Agreement or notified after the end of the Event, the service is considered to be provided properly and the money paid to the Contractor is not refundable.
4.7 The Contractor and the Customer acknowledge and agree that the results achieved by the Customer from the use of the course depend on the Customer's individual skills and abilities. The Contractor makes no warranty as to the results obtained from use of this course, and disclaims any responsibility for harm resulting from the use or misuse of the content by the Customer.
4.8 The Customer expressly agrees that their use of, or inability to use the Contractor’s services and the consequences of improper execution of clause 3.3.10 of this Agreement before, during and after using the Contractor’s services is AT THE CUSTOMER’S SOLE RISK. The Contractor’s services offer information, which is designed for INFORMATIONAL and ENTERTAINMENT purposes only. The Customer uses the information provided through the Contractor’s services SOLELY AT THEIR OWN RISK.
4.9. The Customer is informed that the Contractor is NOT responsible for any injuries (both physical and psychological) involved before, during or after the Event. The customer accepts that the Contractor’s guidelines are carried through the educational purpose ONLY. Hereby, the Customer ACCEPTS and ASSUMES all risks existing before, during and after the Contractor’s Events.
4.10. Therefore, the Customer releases, indemnifies and holds harmless the Contractor, its employees, sponsors, advertisers and other participants from any and all claims, demands, losses and liability arising out of or related to any INJURY, DISABILITY OR DEATH they may suffer, or loss or damage to any property.
4.11. The Customer understands that the Contractor can revoke or suspend The Customers access to the Website and any Services at any time in case of the Customers’ improper, disrespectful behavior, such as, but are not limited to, non-constructive criticism of the Contractor’s services; abusive, unlawful, rude comments about the Contractor and everyone involved. The Customer undertakes the communication between the Contractor, and everyone involved as a relationship based on mutual respect and honesty. In case of the violation of this clause, the Contractor has the right to DENY the Customer access to information materials and services WITHOUT refunding remuneration, followed by the termination of this Agreement.
4.12. The Customer acknowledges that the Contractor’s services are protected by copyrights, and other proprietary rights, and that these rights are protected and valid in all forms, media and technologies existing now. It is prohibited to provide third parties with access to video files or online broadcasts without obtaining the consent of the Contractor and duplicating, copying, or recording the Contractors services. In case of neglecting the Contractor’s Intellectual property the Customer entails a fine of 100,000 (one hundred thousand) US Dollars for each violation.
4.13. The use of the account/personal cabinet of the participant by unregistered individuals leads to the termination of the Customer’s account and gives the right to the Contractor to demand the fine specified in clause 4.12. of this agreement, and the Customer is obliged to meet and satisfy this requirement.
5. DISPUTE RESOLUTION
5.1. All disputes, controversy or claim arising out of, relating to or in connection with this Agreement shall be finally resolved by the Parties by binding arbitration.
5.2. If mutual agreement cannot be achieved between the Parties, all disputes are asserted in the court, governed by and construed in accordance with the laws active on the territory of the Contractor's legal address.
5.3. The Customer confirms that all disputes will be considered by the court that obliged to resolve suitcases in the area of the Contractor's legal address.
6. INTELLECTUAL PROPERTY
6.1. All materials including images, texts, illustrations, designs, icons, photographs, programs, videos and written and other materials are part of the Website that are owned, controlled by the Contractor and its partners and are protected by the international copyright laws. All materials provided by the Contractor to the Customer in the course of the Event (including, but not limited to, methods, descriptions, exercises (both in combination and separately), the procedure for determining and recording results, etc.) are intended only for the Customer. The Customer IS PROHIBITED to publicly copy and announce their performance or allow access to third parties without The Contractor’s consent.
6.2. The Customer IS PROHIBITED to copy audio and video materials of the Contractor’s services provided online, in whole or partially, to record the broadcasts of the Events, as well as to record the content of such Events in whole or partially in any way and/or on any material medium, as well as use the content of the specified Activities without the written consent of the Contractor (including by public copying or quoting, as well as the publication of the process of performing the eyelash extension techniques included in the Event), which will be considered a violation of the Intellectual Property of the Contractor and can cause civil, administrative and other violations in accordance with the current legislation of the International Copyright laws. In case of the Customer’s violation of the contractor’s intellectual property, the Contractor can provoke and terminate the Customer’s access to the materials, without any refunds. The Contractor also has a right to claim reimbursement of the actual expenses in the Contractor’s favor, including all the additional fees covered by the Contractor (attorney, transferring funds, etc) .
7. OTHER CONDITIONS
7.1. This Agreement is considered valid until the Parties follow its terms and conditions.
7.2. The Customer undertakes filling out the Application and from the moment of its submission the Agreement becomes effective.
7.3. The Customer should not use the Contractor’s services if they don’t agree with the Contractor’s Privacy Policy. By entering into this Agreement the Customer consents and authorizes the Contractor to use their personal data, such as name, address, phone number, e-mail address, relationship with the Contractor, data about business and income transferred to the Contractor as a part of the execution of this Agreement, the publication of materials proving the fact of the received services from the Contractor by means of social media - television , radio, through the Internet, print media, social networks, as well as the publication of these materials on the official Website and on social resources of the Contractor.
7.4. The Customer gives the Contractor their consent to use their photo, video material along with the reviews and their progress before, during and after the use of The Contractor’s services.
If the Customer disagrees with the granting rights to use their images, they shall notify the CONTRACTOR in writing via e-mail address - info@thelashshow.com
7.5. In any other matter that is not covered in this Agreement, the Parties shall be guided by the current legislation of the USA.
7.6. The Customer confirms, and understands, that all the terms of this Agreement are clear to the Customer, and the Customer accepts and agrees to comply with all the terms of this agreement unconditionally and in full.
7.7. The Contractor has the right for unilateral amendment of this Agreement. The Contractor may amend the terms of this Agreement at any time by reasonable notice three days before the changes become effective. The Customer is notified via an information letter through any available communication method, or by publishing a notice on the Website
thelashshow.com/. In case of non-acceptance of the updated Agreement, the Customer is obliged to inform the Contractor of their disagreement within three days from the date of publication of the notice about the change in the terms of the Agreement in writing at the Contractor’s e-mail address
info@thelashshow.com/. If the Customer has not filed their notice of non-acceptance of the Agreement, taking into account the changes within three days, the Agreement is considered unilaterally amended and effective. The absence of such notice from the Customer is considered as an expression of agreement with the changes and acceptance of the changes in full.
8. THE CONTRACTOR:
NZH ENTERPRISES LLC
1234 AIRPORT RD
STE 109
DESTIN, FL 32541
FEIN 81-2678740
Disclaimers:
THIS SITE IS PROVIDED BY THE CONTRACTOR ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTRACTOR DISCLAIMS ALL WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE CONTRACTOR OR ANY OF ITS EMPLOYEES, VENDORS OR SUPPLIERS BE LIABLE TO THE CUSTOMER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
https://thelashshow.com/ WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CONTRACTOR BE LIABLE FOR ANY DAMAGES IN EXCEL OF THE FEES PAIN BY THE CUSTOMER IN CONNECTION WITH THE CUSTOMER’S USE OF THE SITE.
PRIVACY POLICY
This Privacy Policy applies to our Website
https://thelashshow.com/, and any of our other internet properties or mobile applications (collectively, “our Website”), and all services, classes, trainings, activities, programs, and store purchases that we offer within our Website (collectively, the “Services”).
By accessing or using our Website or Services you acknowledge that:
- you have read, understand and agree to be bound by this Privacy Policy, and
- you consent to the collection and use of your information as described in this Privacy Policy.
WHAT INFORMATION WE COLLECT FROM YOU:
- First name and last name;
- E-mail address;
- Phone number;
- Links to social media accounts;
- Public information about the user;
- Information that the user provided to us independently, through any available communication method or form on the site;
- Cookies;
- IP addresses;
- Information Google Analytics.
HOW WE USE USER INFORMATION
The information we receive from you is used:
- To inform you about the updates of the course, events and products without having you return to the Website and check for changes.
- To obtain data for statistical analysis.
- To make it convenient when we need to contact you as a customer.
- For newsletters about upcoming courses, events, products and goods.
- To contact the participant through the most convenient means of communication.
HOW IS USER INFORMATION PROTECTED
Your privacy is important to us. We collect information about you when you use our Services, visit our Website, or submit information to us. We collect, retain, and utilize information about you to operate our business and to make our Services and other opportunities available to you.
We perform numerous different administrative, management and technical security measures to protect your personal information. Our Company adheres to various international control standards aimed at dealing with personal information, which include control measures to protect the information collected on the Internet.
By contacting the support service, any user can unsubscribe and send a request to remove their personal data from our system.We do not pass information about users to third parties, all information received is used only within our company.
Any attempt to substitute, steal, destroy data is considered a violation and will be prosecuted in accordance with the laws of the USA.
This policy may change from time to time. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.