This website is operated by Elwe Skin Inc. (DBATasha Marc Skincare). Throughout thesite, the terms “we”, “us” and “our” refer to Elwe Skin Inc. (DBA Tasha Marc Skincare).Tasha Marc Skincare offers this website, including all information, tools andservices available from this site to you, the user, conditioned upon youracceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasingsomething from us, you engage in our “Service” and agree to be bound by thefollowing terms and conditions (“Terms of Service”, “Terms”), including thoseadditional terms and conditions and policies referenced herein and/or availableby hyperlink. These Terms of Service apply to all users of the site, includingwithout limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Servicecarefully before accessing or using our website. By accessing or using any partof the site, you agree to be bound by these Terms of Service. If you do notagree to all the terms and conditions of this agreement, then you may notaccess the website or use any services. If these Terms of Service areconsidered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are addedto the current store shall also be subject to the Terms of Service. You canreview the most current version of the Terms of Service at any time on thispage. We reserve the right to update, change or replace any part of these Termsof Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
Our store is hosted on Square. They provideus with the online e-commerce platform that allows us to sell our products andservices to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, yourepresent that you are at least the age of majority in your state or provinceof residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minordependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor mayyou, in the use of the Service, violate any laws in your jurisdiction(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service toanyone for any reason at any time.
You understand that your content (not including credit card information), maybe transferred unencrypted and involve (a) transmissions over various networks;and (b) changes to conform and adapt to technical requirements of connectingnetworks or devices. Credit card information is always encrypted duringtransfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service or anycontact on the website through which the service is provided, without expresswritten permission by us.
The headings used in this agreement are included for convenience only and willnot limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS ANDTIMELINESS OF INFORMATION
We are not responsible if information madeavailable on this site is not accurate, complete or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. We reservethe right to modify the contents of this site at any time, but we have noobligation to update any information on our site. You agree that it is yourresponsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICEAND PRICES
Prices for our products are subject tochange without notice.
We reserve the right at any time to modify or discontinue the Service (or anypart or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, pricechange, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may beavailable exclusively online through the website. These products or servicesmay have limited quantities and are subject to return or exchange onlyaccording to our Return Policy.
We have made every effort to display as accurately as possible the colors andimages of our products that appear at the store. We cannot guarantee that yourcomputer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our productsor Services to any person, geographic region or jurisdiction. We may exercisethis right on a case-by-case basis. We reserve the right to limit thequantities of any products or services that we offer. All descriptions ofproducts or product pricing are subject to change at anytime without notice, atthe sole discretion of us. We reserve the right to discontinue any product atany time. Any offer for any product or service made on this site is void whereprohibited.
We do not warrant that the quality of any products, services, information, orother material purchased or obtained by you will meet your expectations, orthat any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNTINFORMATION
We reserve the right to refuse any orderyou place with us. We may, in our sole discretion, limit or cancel quantitiespurchased per person, per household or per order. These restrictions mayinclude orders placed by or under the same customer account, the same creditcard, and/or orders that use the same billing and/or shipping address. In theevent that we make a change to or cancel an order, we may attempt to notify youby contacting the e-mail and/or billing address/phone number provided at thetime the order was made. We reserve the right to limit or prohibit orders that,in our sole judgment, appear to be placed by dealers, resellers ordistributors.
You agree to provide current, complete andaccurate purchase and account information for all purchases made at our store.You agree to promptly update your account and other information, including youremail address and credit card numbers and expiration dates, so that we cancomplete your transactions and contact you as needed.
For more detail, please review our ReturnsPolicy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access tothird-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “asavailable” without any warranties, representations or conditions of any kindand without any endorsement. We shall have no liability whatsoever arising fromor relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at yourown risk and discretion and you should ensure that you are familiar with andapprove of the terms on which tools are provided by the relevant third-partyprovider(s).
We may also, in the future, offer new services and/or features through thewebsite (including, the release of new tools and resources). Such new featuresand/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and servicesavailable via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that arenot affiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or for any othermaterials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use ofgoods, services, resources, content, or any other transactions made inconnection with any third-party websites. Please review carefully thethird-party's policies and practices and make sure you understand them beforeyou engage in any transaction. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK ANDOTHER SUBMISSIONS
If, at our request, you send certainspecific submissions (for example contest entries) or without a request from usyou send creative ideas, suggestions, proposals, plans, or other materials,whether online, by email, by postal mail, or otherwise (collectively, 'comments'),you agree that we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments that youforward to us. We are and shall be under no obligation (1) to maintain anycomments in confidence; (2) to pay compensation for any comments; or (3) torespond to any comments.
We may, but have no obligation to, monitor, edit or remove content that wedetermine in our sole discretion are unlawful, offensive, threatening,libelous, defamatory, pornographic, obscene or otherwise objectionable orviolates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,including copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not containlibelous or otherwise unlawful, abusive or obscene material, or contain anycomputer virus or other malware that could in any way affect the operation ofthe Service or any related website. You may not use a false e-mail address,pretend to be someone other than yourself, or otherwise mislead us orthird-parties as to the origin of any comments. You are solely responsible forany comments you make and their accuracy. We take no responsibility and assumeno liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal informationthrough the store is governed by our Privacy Policy. To view our PrivacyPolicy.
Tasha Marc Skincare provides thisinformation to explain how we use SMS text messaging. By completing the opt in,you expressly consent to receive marketing text messages from Tasha Marc.
Opting in to receive text messages isnot required to purchase any products or services from Tasha Marc Skincare.Message and data rates may apply and message frequencyvaries per user. To receive assistance text "HELP” to the Short Code,or email info@tashamarc.com. Youmay opt out of these communications at any time by texting"STOP" to the text message you receive from us. Please note thatthis will only opt you out of the specific text messaging program associatedwith that number. If you want to join again, you can sign back up at anytime.
Participating carriersinclude: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel,U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, CellularOne of East Central Illinois, Centennial Wireless, Cox Communications,EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/KeystoneWireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, ThumbCellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket,Cincinnati Bell and Virgin Mobile. T-Mobile is not liable for delayed orundelivered messages.
SECTION 11 - ERRORS, INACCURACIES ANDOMISSIONS
Occasionally there may be information onour site or in the Service that contains typographical errors, inaccuracies oromissions that may relate to product descriptions, pricing, promotions, offers,product shipping charges, transit times and availability. We reserve the rightto correct any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including afteryou have submitted your order).
We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied in the Service or on any related website, should be taken to indicatethat all information in the Service or on any related website has been modifiedor updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as setforth in the Terms of Service, you are prohibited from using the site or itscontent:
(a) for any unlawful purpose;
(b) to solicit others to perform orparticipate in any unlawful acts;
(c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances;
(d) toinfringe upon or violate our intellectual property rights or the intellectualproperty rights of others;
(e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability;
(f) to submitfalse or misleading information;
(g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet;
(h) to collect or track the personal information ofothers;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) forany obscene or immoral purpose; or
(k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet.
We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;LIMITATION OF LIABILITY
We do not guarantee, represent or warrantthat your use of our service will be uninterrupted, timely, secure orerror-free.
We do not warrant that the results that may be obtained from the use of theservice will be accurate or reliable.
You agree that from time to time we may remove the service for indefiniteperiods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is atyour sole risk. The service and all products and services delivered to youthrough the service are (except as expressly stated by us) provided 'as is' and'as available' for your use, without any representation, warranties orconditions of any kind, either express or implied, including all impliedwarranties or conditions of merchantability, merchantable quality, fitness fora particular purpose, durability, title, and non-infringement.
In no case shall Tasha Marc Skincare, our directors, officers, employees,affiliates, agents, contractors, interns, suppliers, service providers orlicensors be liable for any injury, loss, claim, or any direct, indirect,incidental, punitive, special, or consequential damages of any kind, including,without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort(including negligence), strict liability or otherwise, arising from your use ofany of the service or any products procured using the service, or for any otherclaim related in any way to your use of the service or any product, including,but not limited to, any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of the use of the service or anycontent (or product) posted, transmitted, or otherwise made available via theservice, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, ourliability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and holdharmless Tasha Marc Skincare and our parent, subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim ordemand, including reasonable attorneys’ fees, made by any third-party due to orarising out of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 - SEVERABILITY
In the event that any provision of theseTerms of Service is determined to be unlawful, void or unenforceable, suchprovision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms of Service, such determination shall not affect the validityand enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of theparties incurred prior to the termination date shall survive the termination ofthis agreement for all purposes.
These Terms of Service are effective unless and until terminated by either youor us. You may terminate these Terms of Service at any time by notifying usthat you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to complywith any term or provision of these Terms of Service, we also may terminatethis agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordingly maydeny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforceany right or provision of these Terms of Service shall not constitute a waiverof such right or provision.
These Terms of Service and any policies or operating rules posted by us on thissite or in respect to The Service constitutes the entire agreement andunderstanding between you and us and govern your use of the Service,superseding any prior or contemporaneous agreements, communications, andproposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not beconstrued against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separateagreements whereby we provide you Services shall be governed by and construedin accordance with the laws of 555 West 22nd Street New York NY US 10011.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version ofthe Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace anypart of these Terms of Service by posting updates and changes to our website.It is your responsibility to check our website periodically for changes. Yourcontinued use of or access to our website or the Service following the postingof any changes to these Terms of Service constitutes acceptance of thosechanges.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service shouldbe sent to us at info@tashamarc.com.