Welcome to BeautyMakers.ca. BeautyMakers Inc. (“BeautyMakers,” also referred to herein as “we” or “us”) provides users a directory for browsing and purchasing products from sellers (“Sellers”) of Canadian artisanal beauty products (“Products”) on various platforms including our website, mobile apps and other services (the “Services”).
By signing up to have your Product listed on our directory or using the Services provided by BeautyMakers, you agreeing to be bound by these terms and conditions (“Seller Rules”).
BeautyMakers reserves the right to update and change the Seller Rules at any time. BeautyMakers encourages you to check the Seller Rules from time to time for any updates or changes that may impact you. Your continued use of the Services following the posting of revised Seller Rules means that you accept and agree to the changes.
Please note that these Seller Rules contain disclaimers and limitations on our liability to you.
BeautyMakers is a directory that connects users with artisanal beauty products made by independent Canadian beauty sellers. Users come to BeautyMakers to find unique products that they may not find elsewhere. Everything listed on the directory must be handmade or a craft supply. To be listed on the directory you must agree to all the following representations:
BeautyMakers may remove any listings that violate our policies. BeautyMakers retains the right to suspend or terminate your account for any violations.
BeautyMakers will offer special advertising services to you.
To use our advertising and promotion services, you must subscribe for a BeautyMakers account and you must pay for a subscription, agree to all the terms included in your subscription, including the payment of all applicable fees and the use of online payment processing services such as Beanstream. Note that subscription fees are non-refundable. A failure to pay your subscription will violate the terms of your account and result in a termination of the account. Any outstanding fees will still payable following the termination of your account.
Any deals or offers made by you are subject to the terms offered by BeautyMakers
To use the BeautyMaker Services, each Seller must open an account.
Sellers are advised to have the following on their product selling platform:
Each such policy must be reasonable and must comply with BeautyMakers minimum standards. The Seller acknowledges that BeautyMakers and its users are not directly or indirectly bound the Seller’s policies.
Any Sellers that use an account need to abide by the following rules:
You agree that your access to and use of the Services are at your sole risk.
BeautyMakers may provide through the Services links or references to internet sites maintained by you. BeautyMakers does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on your site. BeautyMakers assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, privacy policies or practices on your site.
You are responsible for complying with all applicable legislation such as the Food and Drugs Act, the Cosmetic Regulations, the Consumer Packaging and Labelling Act and its regulations, the Consumer Protection Act, the Canadian Anti-Spam Legislation and the Canadian Environmental Protection Act. You are responsible for all representations and warranties made in connection with your Product, on BeautyMakers or otherwise.
Except as expressly provided otherwise in these Seller Rules, BeautyMakers provides the Services, and any information published therein, on an “as is,” “as available” and “with all faults” basis without warranty of any kind and, to the maximum extent permitted by applicable law, BeautyMakers, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, providers, agents, co-branders and other business allies disclaim any and all other warranties, whether express or implied including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose, quality, title, non-infringement, accuracy of data or content , data or content security and adequacy for any particular use, functionality or productiveness, regarding the Services, the content, or any third party web sites (and their respective content) linked to the Services and regarding the products requested through the Services. Nothing in these Seller Rules will imply that any communications provided to or through the Services or third party web sites (through links provided through the Services), will be accurate or secure, that the operation of the Services will be uninterrupted or error-free, or that errors will be correct at a certain time or at all. You hereby assume the entire risk associated with the use of the Services and your account, results obtained, and performance. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you, to the extent such jurisdiction’s law is applicable to these Seller Rules.
BeautyMakers does not endorse, warrant, guarantee or assume responsibility for any product or service advertised or promoted through the Services by yourself.
You are entirely liable for activities conducted by you or anyone else in connection with your use of our Services. BeautyMakers is not liable for the accuracy, copyright, certification representation and compliance, legality, or decency of the content posted by other users or other Sellers.
If you are dissatisfied with the Services, or with the Seller Rules, your sole and exclusive remedy is to stop using the Services. BeautyMakers is not responsible and does not warrant any representations regarding the nature and quality of your Products.
The information published on or through the Services may include data, text, software, scripts, images, graphics, photographs, pre-designed templates, video recordings, audio recordings, audiovisual combinations, and other interactive or similar materials (collectively, the “Content”), that has been provided by BeautyMakers or its third party licensors (“Third Party Licensors”). The Content provided by BeautyMakers or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by BeautyMakers or Third Party Licensors, as the case may be, and all such proprietary material is protected by law, including, without limitation, Canadian trademark and copyright laws and international treaty provisions.
The “look and feel” of the Services (including colour combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by Third Party Licensors) are also BeautyMakers’ trademarks and/or copyrights, as the case may be.
The Content on all pages of the Services is provided solely so that you can interact with BeautyMakers and the sellers of artisanal beauty products and may not be used by you, or any other person or entity, or for any other purpose. You do not receive any copyright in or to the Content itself. Neither your use of the Content nor the creation of products or materials using such Content creates joint authorship, joint ownership or “works made for hire” (as defined in U.S. copyright law, to the extent U.S. copyright law is applicable) in or regarding such Content.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Seller’s Terms, without the prior written consent of BeautyMakers, the relevant Third Party Licensor or other legal owner of such Content.
Your unauthorized use of Content accessed through the Services may constitute trademark or copyright infringement, misappropriation, conversion, unfair competition, or other potential provincial, state or federal causes of action, as applicable, which could subject you to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Services is strictly forbidden. All rights not expressly granted to you under these Seller Rules are reserved.
BeautyMakers, the term BeautyMakers and the BeautyMakers logo and all related names, logos, product and service names, designs and slogans are trademarks of BeautyMakers, or its affiliates or Third Party Licensors (the “BeautyMakers Marks”). You must not use the BeautyMarker Marks without prior written permission from BeautyMarkers. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners
BeautyMarkers Services do not provide any shipping services. All shipping services will be arranged by you. You acknowledge that BeautyMakers shall not be liable for the failure of any shipping obligations or for the loss of the Product in the course of shipping.
All BeautyMaker Sellers will receive a newsletter with BeautyMakers latest developments and services. When you sign up for your account, you will have the option of ticking off a box to consent to such updates. Sellers will have the option to unsubscribe at any time by clicking on the unsubscribe link located at the bottom of each newsletter.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password or other security information. BeautyMakers cannot be responsible for any use of the Services by a person purporting to be you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Seller Rules or the terms and conditions imposed upon you by any of our product providers.
These Seller Rules are effective until terminated by BeautyMakers, which BeautyMakers may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Services or use the Services. The applicable restrictions imposed on you with respect to material downloaded from the Services, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Seller Rules shall survive such termination.
These Seller Rules shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, and the applicable federal laws of Canada, without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Seller Rules or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of the City of Toronto in the Province of Ontario and the applicable appellate courts. You and the Company irrevocably attorn to the jurisdiction of such courts.
Should you have any questions concerning these Seller Rules, you may contact BeautyMakers at firstname.lastname@example.org.