Terms of service | BriskNPosh

TERMS OF SERVICE

These Service Policies (the “Service Policies”) apply to any appointments for services booked with BRISKNPOSH LLC (“we”, “us”, “our”, or “Company”). BRISNKPOSH LLC offers beauty services (the “Services”) to you (“you”, or “Customer”), conditioned upon your acceptance of the Service Policies stated herein. By purchasing a service, or purchasing a bundle or package of services through https://www.brisknposh.com (the “Website”), you agree to the following:

Payment Methods

We accept all major U.S. issued credit and debit cards. Credit or debit card information must be provided to our third party payment processor in order to purchase Services. When purchasing Services online, you will need:

  • The address the card’s statement is sent to (billing address)
  • The card number and expiration date
  • The 3 or 4 digit code found only on the card (CVV2 code).

We currently accept payments through our payment processor, Shopify. By purchasing Services, you agree that you shall be bound by Shopify’s terms of service and privacy policy. We do not store any credit/debit card information.

Booking & Appointment Policies and Procedures

  • You will receive a confirmation email after booking an appointment through the Website. You will also receive an SMS text message notification within 24 hours of your scheduled appointment as a reminder.
  • We offer individual services, bundles, and packages. Our bundles include a variety of services that must be booked within one visit (also referred to as “bundled services”). In order to purchase a bundle, you will be prompted to sign into your account with us (or create an account if you do not have one already). Once a bundle is purchased, you will then be able to book an appointment for the specific services within the bundle through our Website. Packages include a single service, bought in bulk (i.e. 3, 6, and 9 appointments for the same service). In order to purchase a package, you will be prompted to sign into your account with us (or create an account if you do not have one already). Once a package is purchased, you will then be able to book appointments for the same services within the package through our Website. Packages and bundles do not expire.
  • We offer only one (1) fifteen minute Laser Patch Test (LPT) free trial per customer
    • We will refuse any attempt to book another LPT free trial after you have already received it or did not show up for your LPT free trial appointment.
    • You may book another LPT service as long as it is combined with any other purchased individual service, package, or bundle.
    • An LPT service should be booked at least four (4) weeks from your last wax or threading.
    • If you decide to receive an LPT service, we must shave the treatment area.
    • We require that you verbally confirm your LPT appointment 24 hours prior to its scheduled time; our front desk will call you to confirm.
  • Our therapists (service providers) will receive an SMS text message notification once you arrive at our facility and check in for your appointment.
  • If you do not show up to your appointment within 30 minutes of the scheduled time, a notification email will be sent to you.
  • If your appointment is 30 minutes or more, you will have a 10 minute grace period should you be late. If your appointment is 15 minutes or less, you will have a 5 minute grace period should you be late. If you arrive later than the applicable grace period, you will either be charged with a Cancellation Fee or lose a service from your package or bundle, as applicable (see No Show/Cancellation Policy below), at our discretion.
  • Our Services may not be appropriate for you if you have certain medical conditions. Before you make a purchase, we advise that you consult with your physician so that you are aware of what Services are right for you.
  • Once you arrive at our facility for your first appointment with us, you are required to fill out an intake form which, among other things, will require you to disclose your medical history (the “Intake Form”). The Intake Form will require you to once again acknowledge your acceptance of and agreement with the Service Policies, and also include a waiver in which you shall assume the risks for participation in the Services and waive liability related to your participation in the Services. In order to receive Services, you must read, fill out, agree to, and sign the Intake Form. If the medical information you provided on the Intake Form has changed after your first appointment with us, you agree to promptly notify us of such change prior to your next appointment.
  • We are not responsible for any unattended valuables or personal property left by you at our facility. If we find any of your personal property unattended, we will contact you.
  • We will not provide a full Brazilian service if you are menstruating; in such an event, we can only provide a bikini line service. Should this type of event occur, we will provide you with a service credit for the difference in price.
  • If you are under the age of 18, you are required to obtain parent/legal guardian consent to (a) book an appointment for Services; and (b) receive the Services. Your parent/legal guardian will be required to sign a consent form in order to receive Services.
  • No more than one (1) person can be present in the treatment room during the Service. Notwithstanding the foregoing, anyone under the age of 18 receiving a Service is permitted to have a parental/legal guardian with them in the treatment room upon request.
  • If the therapist is 15 or more minutes late to the appointment, the Service for that appointment is free.
  • For the best results, you must follow the recommended visit amount. We are not responsible for results if these time frames are not followed.
  • Any physical or verbal harassment by you will not be tolerated. Any such harassment will result in the Service being immediately stopped without any refund.

Products

  • It is your responsibility to disclose to us any allergies that you may have, as some of our products used during the Service may contain certain allergens.
  • Product purchases are nonreturnable and nonrefundable, unless you provide us with a note from your doctor stating that the product is unsafe or unhealthy for your personal use.

Governing Law; Dispute Resolution; Choice of Venue

The Service Policies are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The Company and Customer, subject to the arbitration provisions contained in the Service Policies, hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New York, County of New York for the purposes of adjudicating any matter arising from or in connection with the Service Policies except, however, for those matters to be arbitrated.

Any dispute or controversy between the Customer and Company arising out of, relating to, associated with the Service Policies (and the terms and provisions contained therein), or the breach thereof, shall be submitted to and determined by arbitration in the State of New York, County of New York, pursuant to the rules then obtaining of the American Arbitration Association. The determination of the arbitrators shall be final, binding and conclusive upon all parties and may be enforced not only in the courts of the State of New York, County of New York, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in the Service Policies prior to the commencement of an arbitration proceeding without waiving such party’s right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.

The arbitrator or arbitrators sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of the Service Policies to render an award which by its terms, has the effect of altering or modifying any express condition or provision of the Service Policies, and the arbitrators’ failure to comply with this provision shall constitute grounds for vacating an award.

II. Website Terms and Conditions

These Terms and Conditions should be read carefully by you as they apply to your access and use of the Website (defined below).

Accessing the Website

By using or accessing https://www.brisknposh.com, a subdomain of such website, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Website”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the "Terms"). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Website, you are not authorized to access the Website or book appointments. Under these Terms, "use" or "access" of the Website specifically includes any direct or indirect access or use of the Website or any cached version of the Website and any direct or indirect access or use of any information or content on the Website, regardless of how obtained and the term " Website" includes, without limitation, any cached version thereof.

Each Website is operated by BRISKNPOSH LLC. Unless otherwise specified, the entity controlling the Website you are accessing is referred to herein as the “Company” “we,” “us” or “our”. For the purposes of this agreement the “User” or “you” means, collectively, the person using the Website.

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You hereby affirm that you are either at least 18 years of age, or possess legal parental or guardian consent to use and access this Website and agree to the Terms.

If you arrived on the Website after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Website.

Responsibility for Applicable Laws, Rules, and Regulations

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website and any transaction they enter into on the Website or in connection with their use of the Website.

Limited License to Use the Website

Users are granted a limited, revocable, non-exclusive license to access the Website and the content and services provided on the Website solely for the purpose of searching for beauty services, purchasing or researching (for the purpose of inquiring about purchasing) any of the beauty services offered on any Website, booking appointments for beauty services, participating in an interactive area hosted on any Website or for any other purpose clearly stated on a Website (collectively, the “Services”), all in accordance with the Terms. Any use of the Website that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

Website Rules and Conduct

As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Website. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

  • you know is false or misleading;
  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • is abusive, threatening, obscene, defamatory, or libelous;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs, or email addresses;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password-only access pages or hidden pages or images;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of this Website;
  • includes a photograph of another person that you have posted without that person's consent;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures the Company may use to prevent or restrict access to the Website (or other accounts, computer systems, or networks connected to the Website); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Website; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

Proprietary Rights and Downloading of Information from the Website

The Website and all content and information on the Website are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Website. Copying, storing or otherwise accessing the Website or any content on the Website for other than for your personal, noncommercial use (other than in accordance with a valid membership) is expressly prohibited without prior written permission from us.

Copyright Notifications

The Company will remove infringing materials in accordance with the DMCA if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’ Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work claimed to have been infringed;
  • a description of where the material that you claim is infringing is located on the Website, sufficient for the Company to locate the material;
  • your name, address, telephone number, and email address;
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the subscriber;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Platform provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Our designated copyright agent for notice of alleged copyright infringement is:

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Identity Verification

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR COMPANY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your account at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

Links to Third Party Websites

The Website may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Disclaimer

The Website, including all content on the Website, is provided on an "as is" and "as available" basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, complete, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and each of their members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) that arise from or relate to your use or misuse of the Website, including without limitation with respect to any claim arising out of any breach or alleged breach of any of your obligations set forth in these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of the Company. You shall cooperate as fully as reasonably required in the defense of any claim.

Liability and Limitation of Liability

IN NO EVENT WILL THE COMPANY NOR ANY OF ITS AFFILIATED ENTITIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY YOU ARISING OUT OF YOUR USE OF THIS WEBSITE OR IN CONNECTION WITH THE TERMS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE TERMS, LICENSE OR USE OF THIS WEBSITE. IF, DESPITE THE LIMITATIONS CONTAINED IN THE TERMS, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF YOUR USE OF THE WEBSITE OR IS IN ANY WAY IN CONNECTION WITH THE TERMS, THEN THE COMPANY’S LIABILITY WILL IN NO EVENT EXCEED THE TWO HUNDRED DOLLARS ($200.00).

Confidentiality

The Company warrants that it will keep secret any confidential information that the Company possesses concerning the User using a degree of care equal to the degree of care that the Company uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. The Company will not copy, publish, use or disclose a User’s confidential information except that such confidential information may be disclosed (i) to employees or vendors on a need to know basis and as may be reasonably required in connection with the performance of the Company’s obligations under the Terms, or (ii) in connection with the defense of any action; or (iii) as authorized by the User or by the Terms. If the Company is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any confidential information of the User, the Company will reasonably cooperate with the User and provide the User with prompt notice of such request(s) as reasonably possible or so that the User may seek an appropriate protective order.

The obligation at this clause shall continue during and after termination of the Terms but shall cease to apply to information or knowledge which (i) has become public knowledge otherwise than through any unauthorized disclosure or other breach by the Company (ii) the Company lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (iii) the Company knew prior to receiving or acquiring such information or develops such information independently.

Privacy Policy

The Company shall maintain on its website a current Privacy Policy detailing what information the Company collects from User, how that information may be used and/or shared with third parties and how User may opt out of certain collection, use or sharing of information and how Company may contact User with offers of Services.

You agree that the Company may use and maintain your data according to the Privacy Policy. You give the Company permission to combine information you enter or upload for the Services with that of other users of the Services and/or other services offered by the Company. For example, this means that the Company may use your and other users’ non-identifiable, aggregated data to improve the services or to design promotions. The Company may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.

General

Governing Law; Dispute Resolution; Choice of Venue. The Terms are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The Company and User, subject to the arbitration provisions contained in the Terms, hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New York, County of New York for the purposes of adjudicating any matter arising from or in connection with the Terms except, however, for those matters to be arbitrated.

Any dispute or controversy between the User and Company arising out of, relating to, associated with the Terms (and the terms and provisions contained therein), or the breach thereof, shall be submitted to and determined by arbitration in the State of New York, County of New York, pursuant to the rules then obtaining of the American Arbitration Association. The determination of the arbitrators shall be final, binding and conclusive upon all parties and may be enforced not only in the courts of the State of New York, County of New York, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in the Terms prior to the commencement of an arbitration proceeding without waiving such party’s right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.

The arbitrator or arbitrators sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of the Terms to render an award which by its terms, has the effect of altering or modifying any express condition or provision of the Terms, and the arbitrators’ failure to comply with this provision shall constitute grounds for vacating an award.

Revisions to the Terms. The Company may revise the Terms from time to time. A User’s continuing use of this Website request will indicate User’s acceptance of the revised Terms in any event.

Feedback. Where User wishes to raise any queries, concerns or complaints with the Company, User should write the Company via postal mail or submit a ticket on the Website.

Severability. If any court of competent jurisdiction, arbitrator or arbitration panel finds any provision of the Terms to be unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable to achieve the like fundamental benefits, effect and economic intent of such provision.

No third party beneficiary rights. No person, firm, corporation, partnership, business, entity or business organization, except as specifically provided for herein, shall be deemed a third party beneficiary under the Terms.

Entire Agreement. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all agreements or understandings, whether written or oral, between the parties with respect to such subject matter. Any capitalized term used shall have the meanings set forth herein. No other right exists between the parties and none shall be implied from conduct or otherwise

Survival. Any provision of the Terms which, by its nature, would survive termination or expiration of the Terms will survive any such termination or expiration of the Terms, including, but not limited to this Section and the “Liability and Limitation of Liability” Section and the “Confidentiality” Section.

Notices. All notices required or permitted under the Terms shall be made in writing and, if to the User, at the address listed by User on this Website or in User’s account or to such other address as the User may specifically indicate to the Company in writing that all notices are to be sent: if to the Company, at its principal office or to such other location that the Company may indicate in writing from time to time.

Waiver. All waivers of any of the Terms by the Company must be in writing. Any delay or failure by the Company to exercise a right or privilege under the Terms, or a partial or single exercise of that right or privilege shall not constitute a waiver of that or any other right or privilege.

Last Updated: 2 April, 2020