This website and any mobile application (collectively, this "Site") is owned by Zoe Makeup Academy. We are providing you with access to https://zoemakeupacademy.com// and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for, or purchasing merchandise on https://zoemakeupacademy.com// or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change https://zoemakeupacademy.com// and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting https://zoemakeupacademy.com// under the supervision of a parent or guardian.
PRIVACY POLICY
Our Privacy Policy, which also governs your visit to Our Site, can be found at Privacy Policy. Please review our Privacy Policy for information on how We collect, use, and share information about our users.
USE OF Zoe Makeup Academy
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of https://zoemakeupacademy.com/. This license grant does not include: (a) any resale or commercial use of Zoe Makeup Academyor content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of https://zoemakeupacademy.com/ and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on https://zoemakeupacademy.com/. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or another proprietary information (including the images found at https://zoemakeupacademy.com/, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of https://zoemakeupacademy.com/ so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
ACCOUNT
In order to access some features of https://zoemakeupacademy.com/, you may be required to register, and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of https://zoemakeupacademy.com/ security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of https://zoemakeupacademy.com/. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF https://zoemakeupacademy.com/ BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF https://zoemakeupacademy.com// IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
ELECTRONIC COMMUNICATION
When you visit https://zoemakeupacademy.com/ or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on https://zoemakeupacademy.com/ or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
USER CONTENT
https://zoemakeupacademy.com/ may include features and functionality ("Interactive Features") that allow users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
RIGHTS IN USER CONTENT
Except as otherwise provided in these Terms, on https://zoemakeupacademy.com/ or in a separate agreement with Us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on https://zoemakeupacademy.com/, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on https://zoemakeupacademy.com// and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of https://zoemakeupacademy.com/ the right to access your User Content in connection with their use of https://zoemakeupacademy.com/.
By posting User Content to https://zoemakeupacademy.com/, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to https://zoemakeupacademy.com/ and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with https://zoemakeupacademy.com/, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
RESTRICTIONS ON RIGHT TO USE
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
We have no obligation to monitor any user conduct on https://zoemakeupacademy.com/ and We reserve the right and have absolute discretion to monitor any user conduct on https://zoemakeupacademy.com/ at any time and for any reason without notice.
OWNERSHIP
As between you and us, https://zoemakeupacademy.com/, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of https://zoemakeupacademy.com/ (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
PURCHASES ON MEENAKSHI DUTT MAKEOVERS
You agree that all of your transactions with or through https://zoemakeupacademy.com/ may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on https://zoemakeupacademy.com/ passes to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on https://zoemakeupacademy.com/ based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on https://zoemakeupacademy.com/ when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment methods acceptable to us may be used.
By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other methods) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. All returns are governed by our Return Policy.
We attempt to be as accurate as possible and eliminate errors on https://zoemakeupacademy.com/; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on https://zoemakeupacademy.com/, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
LINKS
https://zoemakeupacademy.com/ may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
TERMINATION
You may terminate the Terms at any time by closing your account, discontinuing your use of https://zoemakeupacademy.com/ and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use https://zoemakeupacademy.com/, or any portion of https://zoemakeupacademy.com/, and to block or prevent your future access to and use of https://zoemakeupacademy.com/ or any portion of https://zoemakeupacademy.com/.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of https://zoemakeupacademy.com/; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through https://zoemakeupacademy.com/; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that We shall have the right to control of the defense or settlement of any third party Claims.
DISCLAIMERS
Except as expressly provided, https://zoemakeupacademy.com/, including all Site Content, and services provided on or in connection with https://zoemakeupacademy.com/ are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that https://zoemakeupacademy.com/ is accurate, complete, reliable, current or error-free. We do not represent or warrant that https://zoemakeupacademy.com/ or our servers are free of viruses or other harmful components.
THE EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable returns and exchange policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH https://zoemakeupacademy.com/ EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
MODIFICATIONS TO SITE
We reserve the right to modify or discontinue, temporarily or permanently, https://zoemakeupacademy.com/ or any features or portions thereof without prior notice.
SEVERABILITY
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
NO THIRD PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
APPLICABLE LAW
By visiting https://zoemakeupacademy.com/, you agree that the laws of India, under the jurisdiction of the Ranchi High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and https://zoemakeupacademy.com/ or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to https://zoemakeupacademy.com/ or to products you purchase through https://zoemakeupacademy.com/ shall be submitted to confidential arbitration in New Ranchi, India, except that, to the extent you have in any manner violated or threatened to violate https://zoemakeupacademy.com/ intellectual property rights, https://zoemakeupacademy.com/ may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to https://zoemakeupacademy.com/. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time"
MISCELLANEOUS
No agency, partnership, venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on https://zoemakeupacademy.com/. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of https://zoemakeupacademy.com/. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sub licensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at Privacy Policy, and any notices regarding the Site.