Terms of Use
Welcome to Be You Skincare.
If you have any questions please reach out to us at beyouwellness@icloud.com
Be You Skincare (“Be You Skincare,” “Company,” “we,” “us,” or “our”) is the operator of the www.beyouskincare.org website (the “Site”). By accessing, browsing or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use (these “Terms”) and the terms and conditions of our Privacy Policy (the “Privacy Policy”), which are hereby incorporated by reference (collectively, the “Agreement”). If you do not agree to the terms and conditions of the Agreement, you should not use or access this Site.
Be You Skincare reserves the right to revise the Agreement at any time by updating the policies on our Site. You are encouraged to review the Agreement each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Capitalized terms not defined in these Terms shall have the meaning set forth in the Privacy Policy.
1. Description and Use of the Site
Be You Skincare is a natural skin, hair and body care brand. Through our Site we offer a variety of products and services. We provide Visitors with access to our Site as described in this Agreement. “Visitors,” as the term implies, are people who do not register an account with Be You Skincare, but may visit the Site to view all publicly-accessible Content (as defined below), and to purchase products without having to open an account.
Subject to the terms of this Agreement, we grant Visitors a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
You may use the Site only for your own noncommercial personal use and in compliance with this Agreement. Any other use of the Site requires the prior written consent of Be You Skincare.
2. Website Usage
By accessing or using the Site, you hereby agree to comply with the following website usage guidelines :
You will not use the Site for any unlawful purpose or in violation of this Agreement;
You will not use the Site or any services offered by Be You Skincare to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company;
You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that:
infringes on any intellectual property, publicity or privacy right of another person or entity;
is untrue, inaccurate, deceptive, misleading, or deceitful;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
You will not access or use the Site to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not use the Site to drop ship merchandise to third parties;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not attempt to interfere in any way with the Site, or Be You Skincare’s network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system, data, files, or passwords;
You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content or data available on the Site, and, further, you will not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
You will not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement;
You will not frame portions of the Site within another web site;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site; and
You will not resell use of, or access to, the Site to any third party.
3. Transactions; Orders and Cancellations; Shipping
Visitors have the ability to purchase products and services made available through the Site (each such purchase, a "Transaction"). If you want to make a Transaction, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those third parties. For information about how we use your credit card and billing information, including how we share it with third-party payment processors and vendors, please visit our Privacy Policy.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, promotions, offers, and availability. Be You Skincare reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Be You Skincare reserves the right to revise our product offerings and/or discontinue products at any time without notice to you. We also reserve the right to limit quantities purchased by guests and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
All pricing on the Site is subject to change without notice. It is your responsibility to ascertain and obey all applicable local, regional, national, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, and that you are purchasing the products for personal use only and not for resale. Be You Skincare reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Be You Skincare and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.
Once an order is placed on the Site, you may cancel at any time before such order is shipped. Once an order has been shipped, it cannot be canceled. All sales are final and may not be returned.
Be You Skincare uses reliable third-party carriers such as Coastal Couriers, Formula Couriers and Trans-world Cargo or DHL to deliver our products to you. You are responsible for the cost of all shipping unless Be You Skincare agrees otherwise. All posted delivery times are approximations and actual delivery times may vary. Be You Skincare shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering products purchased through the Site. Further, Be You Skincare shall not be responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Be You Skincare does not guarantee that we will store or reship products to you once they are returned to our address. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.
4. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
5. Proprietary Rights
You acknowledge and agree that the content (other than User Content), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site (collectively, the “Content”) are the property of Be You Skincare or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws both in Namibia and in foreign jurisdictions. Unauthorized use of the Content may violate such copyright, trademark and/or other intellectual property laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any Content. You may not use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Be You Skincare, including “Be You Skincare”, the Be You Skincare logo and the Be You Skincare product formulas (collectively, the “Be You Skincare Trademarks”) are registered and unregistered trademarks or service marks of Be You Skincare. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Be You Skincare Trademarks, the “Trademarks”). Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing.
Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are expressly reserved by Be You Skincare.
6. Your communications with Us; Visitor Content
We appreciate your emails, but we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
As noted above, we may provide users the ability to post and upload content including text, videos, and photos (“Visitor Content”) to the Site. You expressly acknowledge and agree that once you submit Visitor Content, it will be accessible by other Visitors, and that there is no confidentiality or privacy with respect to such Visitor Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT BE YOU SKINCARE, ARE ENTIRELY RESPONSIBLE FOR ALL VISITOR CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.
You retain all copyrights and other intellectual property rights in and to your own Visitor Content. By submitting or posting any such Visitor Content, you hereby grant Be You Skincare a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, freely sub-licensable license to use, copy, distribute, publicly display, modify, create derivative works, compile, combine with other content, record, transmit, translate, format, and otherwise exploit (including for profit) any and all of your Visitor Content, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without compensation or attribution to you. You hereby represent, warrant and covenant that any Visitor Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Be You Skincare the license specified above. You further represent, warrant and covenant that any Visitor Content you provide is your original creation (or that you otherwise have the right to provide the Visitor Content) and that it and its use by Be You Skincare and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any defamatory, or otherwise unlawful, abusive or obscene material, or any content that violates our website usage guidelines set forth above.
We reserve the right to remove, or not to post, your Visitor Content if it violates this Agreement including our website usage guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
In addition, if you wish to share feedback with us about product variety and range, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through Visitor Content. Instead, contact us directly via email at beyouwellness@icloud.com
7. DISCLAIMERS
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, BE YOU SKINCARE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
8. External Sites
The Site may contain links to third-party websites. Be You Skincare makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Be You Skincare makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party websites. Be You Skincare does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or any content located on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
9. Site Not for Minors
The Site is available to Visitors who are 12 years old and older and who have not been suspended or removed by Be You Skincare for any reason. If you are a minor in your jurisdiction, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Agreement.
10. Indemnification
You agree to indemnify, hold harmless, and defend Be You Skincare, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of this Agreement, defamatory or infringing User Content posted to the Site by you, or your violation of any law or the rights of a third party. We shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
11. Limitation of Liability
EXCEPT IN THE CASES OF WILFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BE YOU SKINCARE, IN NO EVENT SHALL BE YOU SKINCARE, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF BE YOU SKINCARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BE YOU SKINCARE, IN NO EVENT SHALL THE TOTAL LIABILITY OF BE YOU SKINCARE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO BE YOU SKINCARE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
12. International Use
We control and operate the Site from Namibia.
13. Waiver; Remedies
The failure of Be You Skincare to partially or fully exercise any rights or the waiver of Be You Skincare of any breach of this Agreement by you shall not prevent a subsequent exercise of such right by Be You Skincare or be deemed a waiver by Be You Skincare of any subsequent breach by you of the same or any other term of this Agreement. The rights and remedies of Be You Skincare under this Agreement and any other applicable agreement between you and Be You Skincare shall be cumulative, and the exercise of any such right or remedy shall not limit Be You Skincare’s’ right to exercise any other right or remedy. Except as expressly agreed by us and you in writing, this Agreement (including the Terms and the Privacy Policy), together with any Additional Terms (as defined below) constitutes the entire agreement between you and Be You Skincare with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
14. Governing Law
The laws of Namibia shall govern this Agreement without regard to conflict of laws provisions.
15. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Namibia for purposes of any such action by us.
16. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site (“Additional Terms”), which Additional Terms are incorporated into and made part of this Agreement by reference. If there is a conflict between this Agreement and the Additional Terms, this Agreement shall control.
Thank you for your time. If you have any questions please feel free to contact us at beyouwellness@icloud.com