OUR TERMS & CONDITIONS
1.1 These terms and conditions (the “Terms”) are the terms on which this website http://www.facegym.com (the “Website”), which is operated by FaceGym NY LLC (“FaceGym,” “We,” “Us,” or ”Our”) is made available to you (“You”/”Your”). Please read these Terms carefully before using the Website.
1.2 By using or accessing the Website, You agree to be legally bound by these Terms as they apply to Your use of or access to the Website. PLEASE REVIEW THESE TERMS CAREFULLY AND REGULARLY, AS THEY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST REFRAIN FROM USING THE WEBSITE IMMEDIATELY.
1.3 We may change or update these Terms,, so please check this page regularly. Any modifications to the Terms will become effective when published on the Website. Your continued use of the Website after any modifications of these Terms constitutes Your agreement to be bound by the modified Terms. These Terms are effective and were last updated on May 18, 2018.
1.4 Any products which are available for You to purchase on or via the Website are subject to additional terms and conditions which will be disclosed to You when You follow the ordering procedures set out on the relevant order page.
2 INFORMATION ABOUT US
2.1 FaceGym is a Delaware limited liability company with its principal place of business at New York.(“We”/“Us”/”Our”).
2.2 If You have any questions, complaints or comments on this Website then You may contact Us by email at email@example.com or by mail at FaceGym, 12East 49th Street, New York, NY 10017.
3 BUYING PRODUCTS ON OUR WEBSITE
3.1 To order a product You will need to follow the ordering procedures set out on the relevant order page.
3.2 Details of the prices for the products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of Your order. The price of any product excludes Sales tax and any delivery charge.
3.3 It is Your responsibility to ensure that all details You provide to Us for the purpose of purchasing goods which may be offered by Us on the Website will be correct, that the method of payment You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any goods.
3.4. Promotional codes and offers cannot be redeemed on sale or promotional items.
3.5 From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.
4 PRODUCTS SALE
4.1 You must pay for the products by credit, debit card or PayPal account at the time of the order, at which time You will be notified of the current price.
4.2 We are entitled to refuse any order placed by You. If Your order is accepted, We will confirm acceptance to You by sending an electronic confirmation to the e-mail address You have given Us on ordering. The order will then be processed within 2-3 days.
4.3 To cancel Your order after it has been dispatched to You, you will need to follow the Returns Policy & Procedure.
5 RESELLING PRODUCTS
5.1 Please note that all products available on Our Website are for personal use only. You may not sell or resell any of the products.
5.2 We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of Our Terms.
6 MODIFICATIONS TO WEBSITE
We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.
7 INFORMATION YOU PROVIDE
7.1 The following applies to any information You provide to us, for example during any registration or ordering process:
- You authorize us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or our sub-contractors. If You obtain or choose to buy products through Our Website then We may collect information about Your buying behavior and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as “Personal Information”;
- You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.
7.3 If You would like to review or modify any part of Your Personal Information then You should e-mail Us at firstname.lastname@example.org
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding Our Website that comes to Your attention.
9 APPLICABILITY OF WEBSITE
9.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
9.2 Geographic Restrictions
10 INTELLECTUAL PROPERTY
10.1 All content of the Website (including text, graphics, trademarks, logos, button icons, images, text, animations, videos and software) is the property of FaceGym NY LLC or its affiliates or licensors and is protected by United States and/or international intellectual property laws. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NO LICENSE IS GRANTED TO YOU AND NO RIGHTS ARE CONVEYED BY VIRTUE OF YOUR ACCESSING OR USING THE WEBSITE. ALL RIGHTS NOT GRANTED UNDER THESE TERMS ARE RESERVED BY FACEGYM.
10.2 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or any code other than electronically copying and printing hard copies of pages from the Website solely for Your own personal, non-commercial use.
10.3 Any use of the Website other than that permitted above may only be undertaken with Our prior express authorization.
10.4 You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, You may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to You under these Terms. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without Our prior written consent.
10.5 The trademarks, logos, service marks and trade names of FaceGym NY LLC and Our affiliates (collectively, the “FaceGym Marks”) are the property of FaceGym and its affiliates and may not be used in any manner without Our written permission except as necessary to reference FaceGym or its products or services in a purely descriptive and factually accurate manner. If You use the “FaceGym” name to reference FaceGym or its products or services, You may not represent, either expressly or by implication, that You are endorsed, sponsored, or supported by FaceGym or the Website.
10.6 FaceGym does not knowingly accept unsolicited submissions of content from users of the Web Site. Except for information You provide to us in order to place an order or book an appointment, which shall be treated in accordance with Our , any comments or other submissions of content of any kind sent by You to Us (“Unsolicited Content”) will be deemed non-confidential and does not give rise to any contractual relationship or other obligation of FaceGym to You with respect to the Unsolicited Content. By submitting information, text, photos, graphics or other content to Us via the Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
11.1 You may establish links to the Website provided:
- You link only to the home page of the Website;
- You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
- You give us notice of such link by sending an e-mail message to us at email@example.com and
- You immediately stop providing links to the Website if notified by Us.
11.2 We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.
12 YOUR USE OF THE WEBSITE
12.1 You agree that in using Our Website You will not:
- use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
- use Our Website for any purpose other than Your personal use;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
- transfer files that contain viruses, trojans or other harmful programs; or
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.
12.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.
12.3 You confirm that:
- You will comply with the restrictions on Your use of the Website as set out in these Terms; and
- in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licences and or approvals.
12.4 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
13 AVAILABILITY OF OUR WEBSITE
13.1 We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
13.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
14 DISCLAIMERS; LIMITATION OF LIABILITY
14.1 EXCEPT AS OTHERWISE SET FORTH IN SECTION 14.2 BELOW, OUR LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT TO US FROM YOU FOR THE PRODUCT TO WHICH THE APPLICABLE CLAIM RELATES.
14.2 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or willful misconduct of Our employees or agents.
14.3 ALL CONTENT AND SERVICES ON OUR WEBSITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FACEGYM HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) IN RESPECT OF OUR WEBSITE OR ITS CONTENT OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE,, INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INTERRUPTIONS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREEDOM FROM ERRORS.
14.4. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEB SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.5 YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER SYSTEM MEETS ALL RELEVANT TECHNICAL SPECIFICATIONS NECESSARY TO USE OUR WEBSITE AND IS COMPATIBLE WITH OUR WEBSITE.
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
In the event of any dispute between You and Us concerning these Terms, relevant United Kingdom law will apply. If You wish to take court proceedings against Us You must do so within the United Kingdom. If You are buying Our products from anywhere outside the UK this does not deprive You of the protection afforded to You by virtue of local laws in that territory.
15.3 Causes beyond Control
Neither You nor We will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.
15.4 No Waiver
If You breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
All notices shall be given:
- to Us via e-mail at firstname.lastname@example.org or
- to You at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These Terms replace all other terms and conditions previously applicable to the use of Our Website.
18 TERMS AND CONDITIONS FOR OUR GIFT CARDS
Our gift cards are redeemable as part or full payment for products or treatments at any of Our United States FaceGym sites and cannot be used to buy products or services on facegym.com. The gift card must be presented at the time of redemption, is non-refundable and cannot be redeemed for cash.
UPDATED MAY 2018