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Terms of use

 

The following version is applicable as of March 15th 2018.

Welcome to www.nuda.ca (the “site”) a site detained and exploited by Cosmétiques NUDA inc. (“NUDA”).

CAREFULLY READ THE FOLLOWING TERMS BEFORE VISITING OR USING THE WEBSITE BECAUSE VISITING AND/OR USING THE WEBSITE IS CONDITIONNAL TO THE PRESENT AGREEMENT.

 

Object and acceptation

The present terms of use enunciate your obligations as well as NUDAs’ in regard of your access and use of the platform and website. By accessing or using the platform or website, you are acknowledging the present terms of use in their whole and are concluding a contract that lawfully links you to NUDA from the moment you access or use the platform. If you are younger than 14 years old or if you do not accept all of the clauses of the following terms of use, you are not authorized to access or use the platform.

By accessing and using the platform or website, you are confirming that you have read and understood the present terms of use, that you expressly accept to be linked to them, as well as complying to all the applicable laws and rules that govern the website. If you do not accept the present terms of use, you must refrain from using the website.

 

Definitions

Unless the context suggests differently, when used within the present terms of use, the following words mean:

Terms of use” : All of the clauses contained in the following document as well as all of the modifications that may at some point be applied;

Content” (with or without a capital letter): All the information, texts, images, videos, documents or data published or broadcasted through the platform or website;

Document” (with or without a capital letter): All files of any format or support.

Data” (with or without a capital letter): Any information created, generated, communicated or preserved in order to access and use the platform, or to implement the following terms of use;

We/our/ours” (with or without a capital letter) or “NUDA” or the “Corporation”. These words refer to NUDA, which may also be referred to as Cosmétiques Nuda inc., a shared Quebec corporation, whose main head quarters are located in Quebec City, Quebec, Canada;

Platform” : The platform from the website is accessible at the URL link www.nuda.ca which contains the following sections: the online store, the visual marketing, training as well as the pages devoted to user account settings.

Policy” : Policies mainly including the confidentiality policy, the return and refunding policy and the shipment policy;

Products ” : All of the material, articles and other products of the NUDA brand that we may sell on our platform;

Website or site ” : The whole Internet site available at www.nuda.ca;

Users” (with or without a capital letter): All people accessing or using the platform, including you;

You/your/yours” (with or without a capital letter): These words refer to you specifically.

 

User accounts and logins

To create a user account and access the platform, you must fill in a client form available here [http://www.°.ca] and transfer it to NUDA at the following address: support@nuda.ca. NUDA reserves the right to accept or decline the creation of your user account. If NUDA approves your user account request, an access code and password will be forwarded to you at the email address provided in the in the form.

You vow not to usurp anyone’s identity, not to create a false identity and to update the provided information if modifications are due. You will not create an account for someone other than yourself; you won’t provide an email address that doesn’t belong to you and you won’t create more than one account. NUDA could decline access to the platform to a user that has provided false or invalid information and could close down your account at any time, for any reason or no reason.

You are responsible for the confidentiality and security of your access code and password allowing you to connect to your user account (login information). You must preserve the security and confidentiality of your logins at all times by keeping them secret and not allowing anyone to use them. You must make sure that all usage of the logins is in conformity to the following terms of use. Once you’ve accessed the platform using your login information, you will not leave the electronic device used to access it without logging off and closing the window used to navigate on the platform.

The Corporation is submitted to no obligation to verify ones true identity or the authority of a person using the login info to access or use the platform. The Corporation could follow up and act accordingly to all communication done or instruction given using the logins. All access or utilization done with the login info will be admitted as having been done by the true owner of the account used. The Corporation can still, to its’ own discretion, proceed to verifying the identity of any person trying to access or use the platform.

You will notify us immediately by emailing us about the inconvenience at support@nuda.ca if you know or suspect that your login info has been lost, stolen, is known or used by another person.

 

Deleting your user account

NUDA can, to its’ discretion, at any time and without notifying the user, delete your user account without being held accountable toward you or any other person. If such a thing occurs, NUDA will nevertheless try to give you a heads-up. Deleting an account will normally occur if you haven’t respected the clauses discussed here, in the case of misusing the platform, NUDA products or the website content, or if resigning your account is necessary to prevent or avoid prejudice.

Furthermore, you can delete your user account by transmitting a ten (10) day notice regarding this action at support@nuda.ca. This agreement will terminate when the ten (10) day notice has terminated. In this case, your user account will stop being accessible two (2) to five (5) days after the termination date effective from the following clause, meaning after NUDA receives the notification (“survival period”). After this survival period, your user account and the related data will be supressed.

If your user account is deleted for any possible reason, the present agreement and all the others existing between NUDA and you will remain applicable and link you in regard to your account access and previous activity on the platform. This also applies for your access during the “survival period”, and regarding any relatable question.

 

Transfer

NUDA can transfer its’ rights and obligations regarding the present terms. You may not give up your rights and obligations regarding the present terms, or the privileges attributed to your user account no matter the form.

 

Rights to use the platform

In counterpart to your acceptation of the following terms of use, you are authorized to access and use the platform (which implies any product or service accessible on it) only

  • To tend to business related activities, not personal ones;
  • In conformity to the access rights that you consent to through your user account; and, in conformity to the conditions stipulated in this agreement and with the applicable laws.

 

Prohibitions

Users must refrain from undertaking any action that could potentially affect the access, the security, the integrity and the functionality of the platform and website, and refrain from trying to obtain unauthorized access to other users’ data.

Using the site to republish, sell or rent content is forbidden.

You are only authorized to use the information available and provided by the Visual Marketing in conformity to the present agreements.

 

Communications to the user

When you create a user account allowing you to access the platform, you confirm that the provided email address and user account itself are and will be the active addresses where you accept to receive information and documents concerning offers and promotions at all times. You accept that a document can be transmitted to this address or user account, which leads to the assumption that you’ve received it.

 

Service availability

NUDA aims to insure as much platform availability as possible, but therefore cannot guarantee uninterrupted access or availability. NUDA reserves the right to interrupt platform or website availability, especially in the following situations:

  • Website and platform maintenance, including the updates;
  • For the instalment and improvement of new functionalities;
  • To verify and monitor the good functioning of the platform and website in case of a power shortage or any related risk.

 

Intellectual property

The platform belongs to NUDA exclusively (including the headers, graphic elements, icons, the text and its’ presentation, the arrangement, the coordination, the image enrichment and all other information included in the text, the audio and video tapes, the software, the patterns, the documents, the data and all other element available on or through the platform).

Also, certain names, domain names, words, sentences, logos, icons or designs appearing on the platform belong to NUDA. The NUDA commercial brand mainly includes “NUDA” as well as the following visual brand:

 

nuda-canada-logo

 

Canadian and International laws regarding copyrights, commercial brands, and all other relatable laws protect the corporations’ platform and commercial brands. Using the platform and Visual Marketing does not entitle you to any property or intellectual property rights regarding any element of the platform you are able to access.

Therefore, when an order is correctly done, NUDA allows you to use, only to beneficially promote NUDA products, all of the graphic elements, logos, icons, images, audio and video strips found in the Visual Marketing section of the platform. This right is not transferable and does not include the right to grant a sublicense.

Training guides and video capsules found in the Training section of the platform will also be available to you, to consult in “streaming mode” (meaning by consulting the videos solely on the platform, without downloading them), for the NUDA services you offer when an order is correctly placed.

In no case are you allowed to modify or create work derived from NUDA content or any element you can access on the platform.

 

Personal information

By accepting the present terms of use, each time you use the platform, you consent to NUDAs’ right to collect your information and use or reveal it, if need be, in conformity to the Law on the protection of personal information in the private sector and its’ confidentiality policy [http://www.°.ca]. The Corporation can modify its’ confidentiality policy at all times and advise you by publishing a notice regarding the changes on the platform.

The Corporation commits to advising you without delay if an incident likely to imply the security or the confidentiality of your data or documents is at stake, including any act of piracy from an external source. In such a case, you commit to act accordingly as to minimize any prejudice likely to happen.

 

Terms of sale

 

Restrictions

The user commits to not using services involving NUDA product in the province of Quebec without first having a written contract with the company.

 

Ordering products

NUDA aims to insure the availability of the products offered on the platform, but therefore cannot guarantee they will be available at all times. NUDA reserves the right to interrupt the purchase/sale of the products on the platform, mainly and unlimitedly in the present cases:

  • The product is sold out, in which case it will be available as soon as it is back on the market;
  • The product presents any form of problematic relatable to the material or body;
  • If we wish to modify a product or one of its’ components;
  • If the product was removed or replaced from the market by NUDA or its’ provider.

Also, NUDA reserves the right to cease selling any product presented on the web site, at any given time and without prior notice.

The prices are those presented on the price list of the following link: [°]. These prices do not include the delivery fees or the taxes, in which case will be added to the total amount of your bill. It is your responsibility to pay the delivery and tax fees that apply to your order, as well as the fees for the return of a product if need be. NUDA reserves the right to modify, without prior notice, the prices presented on the platform.

The delivery fees applicable are according to the delivery mode that you’ve chosen and the address that you’ve provided, as mentioned in the delivery policy available here intl.nuda.ca/delivery-policy. The delivery fees may be modified without prior notice.

Although our objective is to offer a flawless website, we cannot guarantee a 100% that the content is exact and complete, mainly in regards of the prices and the product characteristics. When a price error is detected, it is correct on the platform, and the rectified price will be applied to your order. NUDA reserves the right to cancel all orders and/or offers and to correct all errors, imprecision or omission, even after an order has been placed and accepted.

Placing an order. You may buy the advertised products on the online Shop section of the platform, by placing an order in conformity to the sale conditions mentioned in the following clauses. We will require, before you submit your final order, that you confirm it. It is your responsibility to insure that your order is exactly what you request, including the description of the chosen products, as well as your billing information. It is also your responsibility to correct any error on your order. Once you’ve submitted your final order, you will receive an electronic confirmation on behalf of NUDA, as well as a detailed receipt. The orders placed using the platform will involve NUDA only once we’ve accepted and treated your order, and that you’ve received a confirmation from us concerning your order. We allow ourselves, without prior notice, to limit the quantity of any product.

Availability and pricing. The colors and tints of the products presented on the website depend on the color calibration of our photos as well as many parameters linked to your computer functioning and the use you make of it. The tint and the color of the real product are likely to be different. All prices shown on the website are expressed in Canadian dollars for the Canadian territory, and in American dollars for the US territory, and are submitted to the applicable taxes, rights and shipment fees.

Returns and refunds. All purchases from the online store products will be treated in conformity to the return and refund policy here[http://www.°.ca].

Delivery and shipping. NUDA will ship the products you’ve ordered from the online store to the address indicated on the order confirmation, doing so according to the shipping policies established here [http://www.°.].

NUDA ships to addresses located in Canada and the United-States. Some restrictions may apply according to the address provided. Articles from a same order may not be shipped to more than one address.

 

Disclaimer: Using the website and platform

NUDA DOES NOT DECLARE OR GRANT ANY GUARANTEE REGARDING THE CONVENIENCE OR THE EXACTITUDE OF THE INFORMATION OR PRODUCTS PRESENTED ON THE WEBSITE, NO MATTER THE REASON. ALL THIS INFORMATION AND ALL OF THESE PRODUCTS ARE SOLD BY NUDA “AS THEY ARE” WITH NO EXPLICIT OR IMPLICIT GUARANTEE. FURTHERMORE, NUDA DECLINES ALL RESPONSIBILITY REGARDING MISTAKES OR OMISSIONS IN THE INFORMATION FOUND ON THE PRESENT WEBSITE, ANY DAMAGE CAUSED TO THE COMPUTER OR TO THE USERS’ DATA, OR ANY OTHER DAMAGE ENDURED BY HIM REGARDING THE WEBSITE. CERTAIN TERRITORIES DO NOT AUTHORIZE THE EXCLUSION OF CERTAIN IMPLICIT GUARANTEES, EXCLUSION OR LIMITATION OF THE DAMAGES; ALSO, IT IS POSSIBLE THAT SOME USERS ARE NOT AFFECTED BY THE EXCLUSION MENTIONED BELOW.

 

Disclaimer: products purchased on the platform

ALL PRODUCTS AND SERVICES BOUGHT USING THIS WEBSITE ARE ONLY SUBJECTED TO THE GUARANTEES APPLICABLE BY THEIR RESPECTIVE PRODUCERS, DISTRIBUTORS OR PROVIDERS. FOR ALL THE MEASURES AUTHORIZED BY APPLICABLE LAWS, WE CLEAR OURSELVES FROM ANY TYPE OF EXPLICIT OR IMPLICIT GUARANTEE, INCLUDING ALL THE GUARANTEES ON THE PRODUCTS AND SERVICES AVAILABLE OR BOUGHT ON THE PRESENTE WEBSITE, OR THROUGH USING IT. WITHOUT REDUCING THE GENERALITY OF THE TERMS THAT HAVE JUST BEEN STATED, WE CLEAR OURSELVES FROM ALL RESPONSIBILITY REGARDING THE NORMAL EXPIRATION OF OUR PRODUCTS, THE INAPPROPRIATE OR ABUSIVE USE OF OUR PRODUCTS, MODIFICATIONS BROUGHT TO OUR PRODUCTS AND THE INAPPRORIATE SELECTION OF PRODUCTS. THE EXCLUSIONS OF IMPLICIT GUARANTEES STATED ABOVE ARE NOT APPLICABLE IN THE MEASURE THAT THEY ARE FORBIDDEN BY THE LAW.

 

Compensation

The user accepts to compensate, defend and not hold NUDA – or any announcers, representatives, directors, providers, administrators, shareholders, employees and respective entrepreneurs (collectively NUDAs’ indemnified parties) – accountable for losses, expenses, damages, fees, responsibilities, demands or reclamations (mainly and without limitation, reasonable lawyer fees, accountancy and legal fees), undergone, engaged or paid by NUDA indemnified parties and leading or linked to, depending on the case, a) your visit or use (or that of other users on your account) of the website and NUDA products, and, mainly, your access and that of other users to the content or any other content/document through third party internet sites; b) your violation of the present terms of use (mainly declarations or guarantees contained in the present agreement) regarding all activity linked to your use if the website; You must help the NUDA indemnified parties and cooperate with them when reasonably possible to do so. NUDA indemnified parties will be allowed, but not obliged, to participate with the lawyer of their choice to any defense against a demand that you will have to defend or compensate the indemnified NUDA parties (the «indemnified demand»). You may not resolve a compensated demand without first obtaining the written permission from the concerned NUDA indemnified parties.

 

Modifications

The Corporation can modify the present terms of use once and a while and advise you by notifying you through the platform or electronically using the address associated with your user account. Your access to the platform prior to such a notice will have for effect to confirm that you accept to be linked by the modified terms of use. If you do not accept the given modifications, you will have to cease all use of the platform and no longer access it.

 

External Links

The policies surrounding the present agreement are an integral part and link the parties together.

 

Applicable laws and resolving conflict

The current terms of use, your access and your use of the platform, along with all linked questions, are registered by the laws applicable in Quebec. Any conflict of interest between you and the Corporation relatable or linked to your access or use of the platform, or concerning the validity, the interpretation or the application of the present terms of use, along with any relatable question, will have to be exclusively submitted to the competent Québécois court located in the Quebec district, in the province of Quebec.

 

Complete agreement

The present terms of use replace any agreement, written or verbal, that may have existed between you and the Corporation regarding the access and the use of the platform.