terms of service
All content is © Squish Beauty LLC 2022, USA.
Squish Beauty LLC has design patent in the USA for the Cheeky Cherry Eye & Cheek Masks and Flower Power Acne Patch products, respectively. As well, Squish Beauty LLC holds 3D shape-marks in the UK for Cheeky Cherry Eye & Cheek Masks and Flower Power Acne Patches, as well as a Trademark on our commonly used Squish Logo.
All documentation and materials can be produced by our representatives when needed and as accordingly.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you may not use our products for any illegal or unauthorized purpose, nor may you, in the use of Squish Beauty LLC, squishbeauty.com and our products (both hereby known as the Service), violate any laws in your jurisdiction (including, but not limited to, copyright laws). You are of legal age, or have consent of someone of legal age, in your jurisdiction to purchase goods available on squishbeauty.com or any of our affiliate stores.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You agree to not take offense to any imagery or materials on squishbeauty.com.
SECTION 2 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices on our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.
SECTION 3 – SELLER DISCRETION
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 4– USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We reserve the right to repost any user generated content that we are tagged in, as well as comments left on our website or social media channels. Likewise, we will take down anything if contacted and specifically directed to do so by emailing email@example.com.
SECTION 5 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 6 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Squish Beauty LLC / squishbeauty.com, our founders, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Squish Beauty LLC / Squishbeauty.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 10 - ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 13 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Limitation of Liability
You acknowledge and agree that we limit our liability in respect of all claims, at our option, to:
- the supply of the Product again; or the payment of the cost of having the Product supplied again.
- You agree that our total aggregate liability for all claims relating to the Product is limited to the US$50.00.
- You agree to indemnify us in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any defective Product.
- To the full extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
We may cancel an Order by written notice to you.
No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event, or impair any rights or remedies in respect of it, or in any way modify or diminish our rights under these Terms and Conditions. If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms, even if that person has relied on any such term or has indicated to any party to these Terms and Conditions, or that Order its assent to any such term.
These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the State of New York. You hereby agree to submit to the non-exclusive jurisdiction of the courts of the State of New York.
Squish Beauty LLC, 11211 Leceur, Bulevardi 21, 00180 Helsinki FI /Plaza 1, Salford M50 3UB UK