Terms of Purchase

This Terms of Purchase states the terms and conditions that govern your purchase of an Online Course from LASH MOTHER INC. You should read these terms and conditions carefully before purchasing any Online Course. By purchasing an Online Course, you agree to be bound by these terms and conditions and the documents and policies referenced herein and/or available by hyperlink. If you do not agree with or accept any of these terms, you should not purchase any Online Course. We reserve the right to update, change or replace any part of these Terms of Purchase by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and/or the Online Courses following the posting of any changes constitutes acceptance of those changes. If you have any questions about these terms, please contact [email protected].

In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the Parties hereto agree as follows:

1. Definitions

(i) "Agreement" means this Terms of Purchase of the Online Courses and all Schedules and Exhibits attached hereto.

(ii) “Confidential Information” means information provided by one Party to the other in written, graphic, recorded, machine-readable or other form concerning the business clients, suppliers, finances and other areas of the other Partyʼs business or products, including, without limitation, the Course Materials, but does not include Comments, information in the public domain other than through the default of the Party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing Party.

(iii) “Comments” is as defined in clause 12.1.

(iv) “Course Materials” means the information provided by LASH MOTHER INC. to accompany the Online Courses in hard copy or electronic form.

(v) “Fees” means the fees paid by you to LASH MOTHER INC.

(vi) “Intellectual Property” means any property, tangible or intangible, that may be subject to Intellectual Property rights, whether registrable or not, including without limitation, ideas, formulae, algorithms, concepts, techniques, processes, procedures, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, trademarks, diagrams, programs, inventions, technologies, software, tools, products knowledge, know-how, including without limitation, patents, copyrights, trademarks, industrial designs, trade secrets and other materials or things.

(vii) “Online Courses” means the delivery by LASH MOTHER INC. of an online course, including the Course Materials and any discourses made by our trainers while conducting the program. The Online Courses are made available to you through access to your user account with LASH MOTHER INC.

(viii) “Party” means LASH MOTHER INC. or You, as the context requires, and “Parties” includes both LASH MOTHER INC. and You.

(ix) "Website" includes https://training.lashmotheruli.com/ and all associated web pages.

(x) "We", "us" or "our" means LASH MOTHER INC.

(xi) "You" or "your" means the individual buying products from the Website.

2. Scope of Agreement

2.1 This Agreement governs your rights with respect to the purchase of the Online Courses. The information provided in or through the Website is for educational and informational purposes only and solely as a self-help tool for your own use.

3. Scope of the Online Courses

3.1 You agree and acknowledge that by purchasing the Online Course through the Website, you are obtaining from LASH MOTHER INC. a limited, non-exclusive, non-transferable, revocable licence to access the Online Course and related Course Materials through the Website. No other rights are being granted to you and, without limiting the generality of the foregoing, LASH MOTHER INC. is not granting you any right or licence to copy, modify, distribute, disseminate or otherwise use the Course Materials or any Intellectual Property embodied in the Course Materials.

3.2 The Online Courses are limited to the description set out on the Website. The Online Courses does not include an in-person assessment or examination, or any follow-up assessment of skills.

3.3 A description of the Online Courses together with the dates on which the Online Courses will begin and end are available on our Website. Other than our rights to revoke access as set forth in this Agreement, you acknowledge and agree that you shall have the length of time as indicated by these dates to access the Online Courses purchased. Notwithstanding the foregoing, extensions to the time indicated to complete the Online Course may be available on request and at an additional fee. LASH MOTHER INC. does not guarantee that an extension of time to complete the Online Course will be considered and/or granted.

3.4 We reserve the right to modify or discontinue the Online Courses (or any part or content thereof) described on the Website without notice at any time, at our sole discretion.

3.5 We reserve the right, but are not obligated, to limit the sales of the Online Courses to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

3.6 We do not guarantee that you will attain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Online Courses. You accept and understand that the results differ for each individual, and that your results depend on your background, dedication, abilities, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Website or the Online Courses.

4. Purchasing the Online Courses

4.1 In order to purchase an Online Course, you must register for an account via the Website. If you already have an account, you can log into your account by using your username and password.

4.2 Following receipt by us of your purchase of the Online Course via the Website, you will be contacted by us through email confirming receipt of your purchase.

4.3 You are not permitted to cancel your purchase of an Online Course, receive a refund, or transfer an Online Course to the next enrollment period.

4.4 Your access to the Online Courses and Course Materials is conditional upon our receipt from you of the applicable payment. Access to the Online Courses will be provided through your user account within a reasonable time following our receipt of such payment.

4.5 We reserve the right to refuse, limit, or cancel any purchase of an Online Course that you place with us at our sole discretion. 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 and/or phone number provided at the time the order was made.

4.6 You agree to provide current, complete and accurate purchase and account information for all purchases of the Online Courses. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Fees

5.1 The Fees for the Online Courses shall be as set out on the Website at the time you purchase any Online Course. The Fees are listed and charged in USD. We reserve the right at any time to modify the prices of any Online Course without notice.

5.2 Unless otherwise specified at the time you purchase an Online Course, the Fee is exclusive of all applicable taxes owed by you. You are responsible for remitting such taxes in accordance with any applicable laws.

5.3 LASH MOTHER INC. shall not be responsible for any expenses charged by your debit card provide, credit card provider, or other payment service providers in connection with your purchase of the Online Course, including transaction fees, foreign exchange fees, or any other fee.

5.4 You are responsible for all incidental costs incurred, such as but not limited to internet expenses, photocopying expenses, and expenses relating to lash lift kits and supplies.

6. Intellectual Property

6.1 As between LASH MOTHER INC. and you, LASH MOTHER INC. is the owner of the entire right, title and interest in all Intellectual Property associated with the Online Courses. LASH MOTHER INC. reserves all rights to such Intellectual Property other than specifically granted herein.

6.2 You are not authorized to: (i) copy, modify, duplicate, reproduce, re-publish, sub-license, sell, resell, upload, broadcast, post, transmit, exploit or distribute the Online Course, including any of the Course Materials; (ii) record the Online Course; (iii) use the Course Materials in the provision of any other course or teaching, whether given by us or any third-party; or (iv) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

6.3 In its sole and absolute discretion, LASH MOTHER INC. may initiate a legal proceeding arising out of the breach of clause 6.2 above in accordance with the jurisdiction set out in Clause 14. You shall indemnify and hold harmless LASH MOTHER INC. from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses including, without limitation, reasonable legal fees and costs of suit, arising out of or in connection with any legal proceeding arising out of a breach of clause 6.2.

7. Prohibited Uses

7.1 In addition to other prohibitions as set forth in clause 6.2, you are prohibited from using the Website and/or the Online Courses: (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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) 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 Online Course, Website, 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 Online Course, Website, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Online Course for violating any of the prohibited uses.

8. Confidentiality

8.1 Each Party acknowledges and agrees to keep the other Party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.

8.2 Either Party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice.

9. Liability

9.1 If you purchase the Online Courses, you agree to indemnify, defend and hold harmless LASH MOTHER INC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, your negligent application of the information provided therein, or your violation of any law or the rights of a third-party.

9.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ONLINE COURSES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LASH MOTHER INC. MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR THAT THE ONLINE COURSES WILL BE AVAILABLE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL TBH TRAINING CENTER INC. BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION: (i) ANY INACCURACY OR MISLEADING INFORMATION PROVIDED IN THE ONLINE COURSES AND COURSE MATERIALS AND ANY RELIANCE BY YOU ON ANY SUCH INFORMATION; (ii) ANY LOSS OR CORRUPTION OF DATA; (iii) THE UNAVAILABILITY OF THE WEBSITE FOR ANY REASON; (iv) ANY REPRESENTATION OR STATEMENT MADE ON THE WEBSITE; (v) ANY LOSS OF PROFIT, REVENUE OR GOODWILL; (vi) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT; OR (vii) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE ONLINE COURSES, INCLUDING BUT NOT LIMITED TO YOU FOLLOWING OR MISUNDERSTANDING THE INSTRUCTION IN THE ONLINE COURSE, WITH A CLAIM BY REASON OF BREACH OF WARRANTY OR BASED ON CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER LASH MOTHER INC. HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES IN ADVANCE.

9.3 EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, NO CONDITIONS, WARRANTIES, OR OTHER TERMS SHALL APPLY TO THE ONLINE COURSES. Subject to clause 9.5 below, no implied conditions, warranties, or other terms apply.

9.4 Subject to clause 9.5 below, LASH MOTHER INC.’s total liability arising from or in connection with these terms and conditions and in relation to anything which LASH MOTHER INC. may have done or not done in connection with these terms and conditions and the delivery of the Online Courses (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.

9.5 No claim may be brought more than 1 (one) month after the last date on which the Online Courses have finished or ceased to be provided by us.

9.6 LASH MOTHER INC. IS NOT RESPONSIBLE FOR ANY LASH LIFTS UNDERTAKEN WITH OR WITHOUT PROPER LICENCES OR KNOWLEDGE. You acknowledge and agree that you are required to determine if the state or province you are performing a lash lift requires additional licensing, certification or education to provide such service. You agree and acknowledge that the Online Course is not accredited and may not be eligible for coverage under your insurance policy. You agree and acknowledge that it is your responsibility to determine whether any products or techniques shared through the Online Courses are restricted or prohibited in the geographical area which you perform the service.

9.7 UPON REVIEW AND READING OF THESE TERMS YOU INDIVIDUALLY AND AS A MEMBER IN ANY CAPACITY WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS HEREOF. YOU SHOULD SEEK YOUR OWN LEGAL ADVICE BEFORE PURCHASING ANY PRODUCT FROM LASH MOTHER INC. OR ITS RELATED ENTITIES.

10. Termination

10.1 We shall be entitled to terminate access to the Online Courses and access to your user account with LASH MOTHER INC., in the event that you: (a) fail to pay your Fees when due; (b) steal or act in a fraudulent or deceitful manner towards us, our employees, or any other students who may be signed up to the Online Courses; (c) intentionally or recklessly damage our reputation or the property of our employees; (d) commit any criminal offense committed on our premises or where the victim is our employee; or (e) are in breach of these terms and conditions.

10.2 Notwithstanding the termination of this agreement for any reason, the covenants set out in clause 5 (fees), 6 (intellectual property), 8 (confidentiality), 9 (liability), 11 (third party links and products), and 12 (user comments, feedback, and other submissions) of this Agreement shall survive any such termination.

11. Third Party Links and Products

11.1 The Website and/or Online Courses may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for your convenience only and are not affiliated with LASH MOTHER INC. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them.

11.2 The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. LASH MOTHER INC. does not represent or endorse any third-party products which may be used throughout the Online Course, and any reference to such third-party products are strictly based on the personal experience of Uliana Shchepeleva, creator of the Online Course.

11.3 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. Your use of a third-party site may be governed by the terms and conditions of that third-party site. Please review carefully the third-party website's policies 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.

12. User Comments, Feedback, and Other Submissions

12.1 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation to: (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) respond to any Comments.

12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Agreement. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13. Entire Agreement

13.1 This Agreement constitutes the entire agreement between the parties and supersede any and all prior agreements, negotiations, discussions and arrangements, whether written or oral, between the Parties. The execution of this Agreement has not been induced by, nor do either of the Parties rely upon or regard as material, any representations, warranties, conditions, other agreements or acknowledgements not expressly made in this Agreement. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

13.2 The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

14. Assignment

14.1 Any Online Course provided by us under this Agreement are personal to you. Neither this Agreement nor any of the rights or obligations hereunder may be transferred or assigned by you to any other person.

14.2 We may assign, transfer, sub-contract any of our rights or obligations in this Agreement to any third party at our discretion and without prior notice to you.

15. Force Majeure

15.1 LASH MOTHER INC. shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, and Government edict or regulation.

16. Personal Information

16.1 Your submission of personal information through the Website is governed by our Privacy Policy.

17. Law and Jurisdiction

17.1 This Agreement is subject to Ontario law and federal Canadian law applicable therein and the parties hereby attorn to the exclusive jurisdiction of the provincial or federal courts, as jurisdiction deems appropriate, located in the city of Toronto, Ontario Canada in connection with any dispute hereunder.

18. Headings

18.1 The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Agreement.

19. Severability

19.1 In the event that any provision of the Agreement is determined to be unlawful, void or unenforceable for any reason whatsoever, such invalidity, illegality or unenforceability shall not affect the validity or operation of any other term, clause, provision or condition and such unlawful, void or unenforceable term, clause, provision or condition shall be deemed to have been deleted from this Agreement.

20. Contact Information

20.1 You can contact us by any of the following methods:
Email: [email protected]