Terms Of Service
Welcome to N8KED Beauty™.
This website is operated by N8KED Beauty™. Throughout the site, the terms “N8KED Beauty™,” “we,” “us,” and “our” refer to N8KED Beauty™. Please take the time to read the terms and conditions ("Terms and Conditions") set out below, which are applicable to the use and enjoyment of this website, our services, and our store.
General Conditions
These Terms and Conditions, along with N8KED Beauty™’s policies such as the Privacy Policy and other customer service policies, govern the use of N8KED Beauty™ and constitute the entire agreement between the contracting parties.
By browsing this website or signing up as a member, you agree to be bound by the Terms and Conditions set out below as amended from time to time. By accessing this site, you acknowledge the notices and agree to the Terms and Conditions. Any modifications to these Terms and Conditions will be posted on the website.
Your continued use of the site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications, and if you do not agree, you must immediately cease using the website. For this reason, you should frequently review these Terms and Conditions and any other applicable policies, including their dates, to understand the Terms and Conditions that apply to your use of the website.
N8KED Beauty™ enjoys interacting with you via Instagram and Facebook. These Terms and Conditions govern how N8KED Beauty™ will interact with you on social media sites.
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.
We reserve the right to refuse service to anyone for any reason at any time, in our sole discretion. All orders placed by customers shall be subject to acceptance by N8KED Beauty™. Placement of an order by a customer or receipt of an order confirmation does not constitute acceptance by N8KED Beauty™. Acceptance occurs when N8KED Beauty™ issues a confirmation of delivery to you.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Review and Change of Terms & Conditions
These Terms and Conditions are subject to change from time to time without notice. Use of the website will be governed by the Terms and Conditions in force upon the date of that transaction.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. N8KED Beauty™ 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 (including after you have submitted your order).
Social Media
Our general policy is not to delete your comments on N8KED Beauty™’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or N8KED Beauty™ personnel; (c) if you flood our feed, making it difficult for others to engage; (d) if you post information that may endanger your privacy; (e) if your post is off-topic.
While we support lively, open discussion, we reserve the right to block any users who don’t comply with our rules or who are otherwise deemed to be behaving inappropriately.
Account Membership
You can only create a member account with N8KED Beauty™ if you are the age of majority in your province of residence, or that you are over the age of majority in your province and have given consent to allow any of your minor dependents to use this website.
Where you have created a member profile, you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and profile. N8KED Beauty™ is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security requirements. N8KED Beauty™ requests that you promptly report to it any unauthorized use of your password.
Minors
By agreeing to these terms and conditions, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and have given us your consent to allow any of your minor dependents to use this site.
Interference with the Website
You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this site or any material or content displayed on the site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.
Shipping & Returns
See N8KED Beauty™’s Shipping & Return Policy for details.
Errors/Order Correction or Cancellation
We aim to provide you with the most up-to-date and accurate information about our products. We strive to ensure that the details and images of the featured items are as accurate as possible, but occasionally, there may be information communicated to you via our website, social media sites, promotions, or newsletters that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 communicated to you is inaccurate at any time without prior notice (including after you have submitted your order).
N8KED Beauty™ Offers and Promotional Activities
In addition to the Terms and Conditions of this website, certain N8KED Beauty™ offers on products, contests, surveys, and other promotional activities may be governed by specific terms and conditions that are separate from these Terms and Conditions. By purchasing such products or participating in any such promotional activities, you will become subject to those specific terms and conditions, which may vary from the Terms and Conditions set forth herein. To the extent the specific terms and conditions of a promotional activity conflict with these Terms & Conditions, these Terms and Conditions shall prevail.
Third-Party Links and Services
The website may contain links to other websites that are not under the control of N8KED Beauty™. N8KED Beauty™ is not responsible for the linked website nor does linking constitute an endorsement of any links. Links are provided solely for the convenience and information of the website’s users.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the services will be corrected.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the service.
Certain products or services may be available exclusively online through the website.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
User Comments, Feedback, and Other Submissions
By submitting certain materials—whether at our request or voluntarily—such as creative ideas, suggestions, proposals, plans, or other content (collectively, "comments"), via online platforms, email, postal mail, or any other medium, you agree that N8KED Beauty™ and n8kedbeauty.com may, at any time and without restrictions, edit, copy, publish, distribute, translate, and otherwise use your submissions in any medium. We are not obligated to (1) maintain the confidentiality of any comments; (2) compensate you for your submissions; or (3) respond to any comments.
We reserve the right, but are not obligated, to monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms and Conditions.
By submitting content, you agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Your comments must not contain defamatory, abusive, or obscene material, or any viruses or malicious code that could compromise the functionality of our website or services. You may not use a false email address, impersonate others, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you post, and we accept no liability for them.
Personal Information
Your submission of personal information via the website is governed by our [Privacy Policy](n8kedbeauty.com/privacy-policy). These Terms and Conditions incorporate by reference the terms and conditions of the Privacy Policy.
Prohibited Uses
In addition to other prohibitions outlined in these Terms and Conditions, you are prohibited from using the site or its content for:
- (a) any unlawful purpose;
- (b) soliciting others to participate in unlawful activities;
- (c) violating any international, federal, provincial, or state laws, regulations, or local ordinances;
- (d) infringing upon or violating our intellectual property rights or the rights of others;
- (e) harassing, abusing, insulting, harming, defaming, slandering, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) submitting false or misleading information;
- (g) uploading or transmitting viruses or malicious code that could affect the functionality or operation of the Service, the website, or the Internet;
- (h) collecting or tracking the personal information of others;
- (i) spamming, phishing, pharming, pretexting, crawling, or scraping;
- (j) any obscene or immoral purpose;
- (k) interfering with or circumventing the security features of the Service or any related websites.
We reserve the right to terminate your use of the Service or any related website for any violation of these prohibited uses.
Intellectual Property
All content on this website, including text, graphics, icons, and other materials, is the exclusive property of N8KED Beauty™ or its suppliers and is protected by Canadian and international intellectual property laws. No part of this website may be copied, sold, or used for commercial purposes without our written consent. These Terms and Conditions do not transfer any intellectual property rights, and all rights remain reserved by N8KED Beauty™.
General Disclaimer and Limitation of Liability
All products and services offered by N8KED Beauty™ and all content, information, or materials provided on or accessed through n8kedbeauty.com are provided "as is." N8KED Beauty™ makes no representations or warranties, express or implied, including but not limited to warranties of title, non-infringement, merchantability, fitness for a particular purpose, or any implied warranties arising from the course of dealing or usage of trade.
N8KED Beauty™ and its affiliates, directors, employees, agents, suppliers, or representatives shall not be liable for any damages arising from or related to the use of, or inability to use, the website or any content or services provided through it. This limitation applies to all damages of any kind, including direct, indirect, compensatory, punitive, or consequential damages. Our maximum aggregate liability shall not exceed $100.00.
Product Liability
N8KED Beauty™ does not guarantee the accuracy or completeness of any information provided on n8kedbeauty.com regarding products. All information is provided by our suppliers and manufacturers. We shall not be held liable for any decisions made based on the information found on our website.
Indemnification
You agree to indemnify, defend, and hold harmless N8KED Beauty™, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including attorney fees, made by any third party due to or arising from your breach of these Terms and Conditions, or your violation of any law or third-party rights.
Termination
Any violation of these Terms and Conditions may result in the immediate termination of your access to our website and services.
Entire Agreement
These Terms and Conditions, along with any policies or rules posted by us on this website, constitute the entire agreement between you and N8KED Beauty™ and supersede any prior agreements, communications, or proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law
These Terms and Conditions shall be governed by the laws of the province of Alberta and the federal laws of Canada applicable therein. Any disputes shall be resolved exclusively by the courts of Alberta or the Federal Court of Canada. You consent to the jurisdiction of these courts.
If any portion of these Terms is found unenforceable, the remaining provisions will continue in full force. Failure to enforce any provision does not constitute a waiver of that provision or any other rights. N8KED Beauty™ may assign its rights and obligations under these Terms to its successors, assigns, and licensees.
These Terms and Conditions, and any related documents, are drawn up in English.