TERMS OF SERVICE
The Besthetician is on a mission to making the continuing education space for estheticians, skin tech, and beauty professionals a better place. We hope you love our products and services — from online courses to curated skincare products to trusted nutritional supplements to the next great idea that we haven’t even thought of yet.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply, please write us and inquire.
Terms of Service
These Terms govern your access to and use of the products and services we provide through thebesthetician.com.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Your Account
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you sign up for any product or service account, we consider that to be an valid inquiry, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
3. Minimum Age Requirements
Our Services and Products are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register four a class or course or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We’re not responsible for any use or effects of Content or Products from third-party websites.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party website Products. You’re responsible for taking the necessary precautions to research and protect yourself.
Any Product that’s for sale through any of our website is the vendor’s sole responsibility, so you must look solely to the them for any damages that result from your purchase or use of them.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Product.
terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, Payment, and Renewal
a. Fees
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service we use, there may be different kinds of fees, like some that are one-time or recurring. Currently we do not have recurring fees (AKA subscriptions), but if and when we do, your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services and Products, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services or Products are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services or Products without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services or Products that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
Refunds. We have a refund policy for some of our Products only, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
If you cancel a Service or Product, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment.
6. Feedback
We love hearing from you and are always looking to improve our Services and Products. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our mission is to make smart, ongoing esthetic education a better place for our customers, and our Services and Products are designed to help you achieve your business and financial goals.
We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our -
Services:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Web Traffic. We may use a third-party service to measure the Besthetician’s audience and usage. By using Services and Products on our website, you agree to allow the service to access and record your public information.
8. Copyright Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.
9. Changes
We may modify the Terms from time to time, for example, to reflect changes to our Services and Products (e.g., adding new features, courses, subscriptions, or benefits to our Services or retiring certain features of certain Services or Products) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services or Products after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
10. Termination
We may terminate your access to all or any part of our Services or Products at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your courses or master classes due to prolonged inactivity, or (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
11. Disclaimers
Our Services and Products are provided “as is.” The Besthetician and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Besthetician nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, you understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Weber County, Utah, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
13. Limitation of Liability
In no event will the Besthetician, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through us) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services. The Besthetician shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification
You agree to indemnify and hold harmless the Besthetician, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or Products, and any ecommerce activities conducted through our website.
15. Translation
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
16. Miscellaneous
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between the Besthetician and you concerning our Services and Products. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The Besthetician may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
REFUND POLICY
Most of the time we get it right, but sometimes there’s an issue with your product. Our return policy is simple: you can return any unopened product to the Besthetician within 14-days of receipt of your package. Send an email to [email protected] to get a return label and information on how to return the product to us.
We will refund your purchase once we receive the item in good, saleable condition. You will receive a refund within 4-5 business days after we receive the item.
Digital courses and downloads do not have a return option.
PRIVACY POLICY
How does the Besthetician protect your privacy?
The Besthetician only collects data necessary to provide its services and products and stores in in the anonymized way in a trusted, hosted analytics system.
The Besthetician does not use cookies that could be used to identify the user. We also do not use any other tracking technologies such as pixels or fingerprints.
We only allow connections to the Besthetician website over a secure HTTPS connection. This ensures that no one between you and our website can secretly steal your personal data.
We do collect and use some information about you. You may give us information when you register on our website, for products and services. We process the content you generate to complete transactions through a third-party service. Where appropriate, we may this information for the purpose of serving personalized advertising and to tell you about new opportunities.
The Besthetician may use this information to improve the Service and send you communications, including by email.
When you choose to use third-party apps, websites, or other services that are integrated with our Services and Products, they may receive the information you provide to The Besthetician.
Our Privacy Policy was last updated on March 6, 2023.
The Privacy Policy describes the Bestheticians policies on the collection, use and disclosure of your information when you use any of our Services and Products and tells you about your privacy rights and how the law protects you. By using or purchasing any of the Besthetician’s Services and/or Products you agree to the collection and use of information in accordance with this Privacy Policy.
