TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

These outlined General Terms and Conditions regulate the access to www.BraziliciousBeautySpa.com [1] and www.brazilicious.me [2] (“Website”) as well as the purchase an/or use of the products, services, and information contained or traded on the Website (“General Terms and Conditions”). Any person that intends to purchase products or services on the Website (“User”), or to even access the available information about therapists who have attended the Josie Rushing/Brazilicious® classes (“Therapists”) must certify that they understood and have accepted the General Terms and Conditions of use on the Website. We recommend the user read this carefully and certify that they understand and accept every condition set forth in these General Terms, Conditions, and agreements before completing their User registration and/or making any purchase or conducting any research on the Website.

PURPOSE:

1. These General Terms and Conditions regulate the access to the Website, in particular 1.1 the providing of general information about news, events, products, and preparatory classes related to the group composed in regards to Brazilicious Brazilian Beauty Spa LLC, by Josiane Rushing are herein referred to as BBB (“BBB”); 1.2 the access and use, by the User, of the available information on the Website about Therapists that attended the Josie Rushing class; and 1.3 the disclosure, sale and purchase of products and services of BBB (“Products” and “Services”). The User is aware and agrees that the information about Therapists who have attended the Josie Rushing class is available on the Website for informational purposes only, for optional use by the User, at their own discretion and responsibility. Any contact or negotiation with any registered Therapist on the Website will be made directly by the User, without any BBB intervention in contact, negotiation, hiring and/or providing of any services. There is no employment relationship of any kind whatdoever between the registered Therapists on the Website and BBB. The conditions for the sale of the Products and Services advertised on the website are described in these General Terms and Conditions, and on the respective Product or Service advertisement page. 1.3.1 The User will receive information about the status of purchase and delivery of the Products by e-mail and text message. The User, by accepting these General Terms and Conditions, authorizes BBB to send e-mails, text messages, and/or WhatsApp messages with information about the purchase and delivery status of their order at the email address and/or mobile phone number supplied by the User during their registration. 1.4 BBB may provide, at its sole discretion, User testimonials about the Products and/or Services available on the Website. The User expressly authorizes full disclosure on the Website of their testimonials regarding the Products and/or Services and any other aspect of the relationship between the User and BBB. The User is aware and agrees that BBB will not have any sort of liability from the testimonials left by the Users, which will be available on the Website for the purpose of sharing User experience data and they should not be mistaken as any guarantee/warranty by BBB.

USER REGISTRATION AND WEBSITE ACCESS:

2. The purchase of Products or Services available on the Website may only be made by people over eighteen (18) years of age who have the legal capacity to sign a contract, have a valid email address, and complete the required fields of registration. In addition to people deemed by the law to be incapable of exercising his/her responsibilities, the Users whose registration have been canceled by the Website due to non-compliance with these General Terms and Conditions may not acquire Products or Services.

2.1 The User registration is unique, and the same person is not allowed to have more than one (1) registration on the Website. BBB reserves the right to refuse or cancel any registration that is contrary to these General Terms and Conditions. To register, the User must fill in all the spaces of registration data with correct, complete and true information, and is responsible for updating such information whenever there is a change. Registration will only be complete upon the Users declaration that they have read, understood and accepted these General Terms and Conditions.

2.3 Any changes to the Users data must be immediately communicated to BBB by the User themselves, by updating their registration data on the BBB Website. The Users shall be solely and exclusively liable for any damages and losses caused to themselves, any third parties, or BBB as a result of the omission, incorrectness or inaccuracy of the information provided in their registration on the Website as well as the delay in updating or changing their data.

LIABILITY FOR THE USE OF USER REGISTRATION:

3. The User is aware and accepts, voluntarily and expressly, that the User registration is personal and non transferable, and the use of the website will always occur through the use of their login and password, under their sole and exclusive responsibility, and that they must safely maintain their login and password. The User will be solely and exclusively responsible for the use and transactions performed upon access with their login and password, being required to notify BBB immediately of any suspicion of unauthorized access to their User registration information, by sending a message to Hi@BraziliciousBeautySpa.com. The User is aware that in this case, the Website may block or suspend Users registration and or access to the website for the period necessary to verify the suspicion of improper access and rectify such occurance. The content of the information provided in the registration is the sole responsibility of the User, and the Website nor BBB is responsible for correction or the checking of personal data of Users or for any consequence that stems from the provision of incorrect or untrue data by the User.

3.1 Notwithstanding the provisions set above, BBB reserves the right to check the accuracy of the User’s registration data, as well as to request additional information or documents deemed necessary for the confirmation of the informed data. If BBB finds that the User has provided incorrect or untrue data, it may, at its sole discretion, block, suspend or unsubscribe the User.

REGISTRATION REMOVAL REQUEST:

4. The User may, at any time, request the removal of their registration on the Website. For such occurance, the User must send a message to Hi@BraziliciousBeautySpa.com. BBB, within thirty (30) business days, will check to see if there are any purchase transactions in progress (not yet completed) on the User’s account. If there are no purchase transactions in progress or payment(s) outstanding due to BBB, as provided in these General Terms and Conditions, the Website will delete the User registration within thirty (30) business days. In the event of any ongoing (not completed) purchase transaction or outstanding payment due to BBB, as provided in these General Terms and Conditions, the Website will delete the User’s record within thirty (30) business days of the completion of the last purchase transaction date or the payment of the due, outstanding amount. Under any circumstances, BBB will maintain in its files the information about transactions made by the User for six (6) months or a greater period, if requested by applicable law. Registration on the Website is free of charge. However, the Products and Services offered by the Website will be charged in accordance with the Website and these General Terms and Conditions, according to the Product or Service acquired by the User.

RELATIONSHIP BETWEEN THE USER AND THERAPIST:

5. The User is aware and agrees that the Website does not sell the massage services offered by the Therapists, but is only a tool that provides assistance to the User to find Therapists. Additionally, the services require advanced scheduling made directly with the Therapist, subject to their time availability on the desired date, exempting BBB from any financial liabilities stemming from the Therapist's schedule, or any information in regards to the Therapists that are provided on the Website. We recommend that the User checks the information and that the scheduling is done in advance.

PRICING AND PAYMENT METHODS:

6. The payment methods accepted for the purchase of Products and/or Services on the Website will follow the form described on the Website at the time of purchase. 6.1 The completion of the Products and/or Services purchase order will occur at the moment that BBB receives the payment confirmation. 6.2 The price of each Product and/or Service is the amount specified on the Website at the time of the order completion, and already includes all applicable taxes. Freight cost will be added to the price, when applicable, for the delivery of each product that is shipped to the address provided by the User on the respective purchase order.

RETURNS AND EXCHANGE POLICY:

7. To preserve User’s security, we've adopted a Return and Exchange Policy.

7.1 Check Your Order. When placing your order, it is important that you check if the features and description of the Service or Product chosen correspond to the product you wish to purchase, and correctly fill in the information requested when completing your purchase. Also make sure that your data is all listed correctly.

7.2 Service withdrawal/regret. The User has up to twenty four (24) hours before the appointment date to inform the withdrawal of the purchase of the Service, as long as the Service has not yet been provided. In this case, the User will receive the refund of the amount paid as described in item i).

7.3 “Amount Paid Refund”. Please be aware of your appointment date as requests made after 24 hours prior to this period will not be accepted. To make your request, please contact our Customer Service team at Hi@BraziiciousBeautySpa.com.

7.4 Product withdrawal/Regret. The User has up to seven (7) calendar days from the Product receipt date to request a purchase withdrawal, with the certainty that they will receive the refund of the amount paid, including the cost of shipping. Please be aware of this date as requests beyond this period will not be accepted. To make your request, please contact our Customer Service team at Hi@BraziliciousBeautySpa.com. The Product return will only be accepted with the inclusion of the invoice. In addition, the Product must be in its original package, with the manufacturer’s seal unopened, without evidence of use, and in like-new condition. If we verify any discrepancy to the above conditions or see that the return's packaging has been tampered with, we reserve the right to not accept the return, to not refund the amount paid, and can resend the product to the User without prior consultation. Therefore, for the safety and satisfaction of our clients, please ensure that the product you receive meets your expectation before tampering with said packaging.

7.5 Amount paid refund. The refund of the amount paid for the Services that did not yet start, or in the event of withdrawal or regret, will be provided only after the receipt and analysis of the conditions of the returned Product(s), as follows: 7.5.1 Chargeback of the Product amount, including the freight cost, on purchases paid by credit card or other payment platforms that use credit cards. In this case, it is worth mentioning that the chargeback will take place up to two subsequent invoices later. After chargeback has been issued, it is your credit card company's processing responsibility from that point forward.

7.6 Damaged product. If the User identifies the existence of a vice or defect in the Product, they must contact us at Hi@BraziliciousBeautySpa.com, within thirty (30) calendar days of the receipt of the respective Product.(Invouce must be included with reaspning for the return) In this case, the exchange will only be made after receipt and analysis of the conditions of the returned Product(s). 7.6.1 If it is verified that there is no vice, defect, any evidence of misuse, or apparent prior use of the product, BBB may refuse the exchange/return of the product and may return the Product back to the User. In this case, the product will also be returned along with the invoice, identifying the return reason. The lack of an invoice will prevent the order identification, and as a consequence, the exchange. 7.6.2 Our customer service team will review your request and respond to your complaint within thirty (30) calendar days of the date of receipt of your product at BBB Distribution Center. 7.6.3 Important. We certify that all Products sent to BBB due to defect will undergo technical analysis to check for the existence of manufacturing vice. The exchange or return of the amount paid will not be due if it is verified that there is no vice, defect, nor any evidence of misuse, or apparent use of the product. If a defect is verified, we will contact you to take the necessary steps to rectify the detected problem.

EFFECTIVENESS AND REPLACEMENT OF THE GENERAL TERMS AND CONDITIONS:

8. These General Terms and Conditions shall be effective as of the date of their publication on the Website and will remain in force indefinitely or until their replacement by a new version of General Terms and Conditions.8.1 BBB may, at any time, change these General Terms and Conditions, replacing them with new general terms and conditions that will become effective as of the date of their publication on the Website and will apply to the purchase and sale transactions starting from the date of publication on the Website.

PRIVACY POLICY:

9. Your privacy is extremely important to us. Every piece of information or personal data provided by the User is stored on high security servers. BBB will take all possible precautions to maintain the confidentiality and security of the information described in this clause, but will not be held liable for any loss that may be derived from a violation of these measures by third parties using public networks or internet, subverting the security systems to access User information.

9.1 Personal data we collect. We collect User data through our interactions with the User and through our Website for the purposes described below, in particular to operate efficiently and to proportionate the best experiences with our Products and Services. Some of this data is provided directly by the User. 9.1.1 The data we collect may include: Name and contact data. Your first and last name, e-mail, address, telephone number and other similar contact data; Credentials. Passwords, password tips and similar security information used to access their registration on the Website; Demographic data. Data about you, for example, age, gender, country/region, city and state; Payment data. Data for processing payments, such as your payment method number (for example, a credit card number) and the security code associated with your payment method. These data are collected through BBB’s Website, but are not stored by BBB and are transmitted via a secure environment (SSL) to the payment gateway, a third-party company that makes the payment transaction to banks; Purchase history. Data about the Products and Services acquired by the User on the Website; Location data. Data about the device location used by the User to access the Website, which may be accurate or inaccurate. The location may be deducted from the IP address of a device or data in the User’s registration indicating the location, such as a city or ZIP Code; and Comments and ratings. Information submitted by the User to the Website, such as comments, survey data, and reviews of Products or services written by the User.

9.2 We use the collected data to provide a better experience for the Website's access and use, especially to: Provide our Products and Services. This also includes sharing data when necessary so that we may provide the Product or Service to the User or perform the sale transactions requested by the User; Enhance and develop our Products and Services; Make recommendations about our Products and Services to the User; and Advertise and Market our Products and Services to the User, including sending promotional communications and relevant offers.

9.3 The Users personal data will be processed with the User’s consent and to the extent necessary for us to provide the Products and Services purchased by the User and to comply with legal and contractual obligations.

9.4 Promotional communications. By accepting these General Terms and Conditions, the User agrees to receive BBB newsletters and/or promotional communications from our Website by email, text message, WhatsApp, postal mail and/or telephone, in which case the User is aware that we may use the collected data to make such promotional communications. If the User receives promotional communications and wishes to stop receiving them, the User may request their unsubscription by following the instructions in the message.

9.5 Data sharing. The User’s personal data may be shared with the User’s consent or as necessary to complete any transaction or to provide a particular Product or Service purchased by the User. Thus, for example, payment data provided by the User for a purchase may be shared with banks and other entities that process payment transactions or provide other financial services for fraud prevention and credit risk mitigation. Personal data may also be shared with Website partners and service providers involved in providing the Product or Service purchased by the User or serving the User (for example, companies hired to provide customer service). Additionally, personal data may be shared for law enforcement purposes or to respond to lawsuits, including those coming from governmental authorities or agencies. Thus, the Website may disclose personal data and access logs, browsing data etc. to the competent authorities, in accordance with what is provided for in United States law.

9.6 Third party websites. The Website may contain links or other ways for the User to access third party websites, pages or content, whose privacy policies may differ from those of this Website.

9.7 Cookies. Cookies are text files placed on the User’s device to store data that may be remembered by a Web server on the domain that placed the cookie. These data often consist of a sequence of numbers and letters that uniquely identifies the User’s computer, but may also contain other information. The Website uses cookies and similar technologies to store the User’s preferences and settings, as well as information shared by them (for example, products added to the shopping cart), to allow the User to login, combat against fraud and analyze the performance of our Website (for example, to count the number of visitors to the Website or a Service or Products page, and to develop other statistics about our Products and Services). 9.7.1 The Website may also include social network cookies to enable the User logged in to the social network service to share content through that service. The User may control the data stored in cookies and withdraw their consent using each browser’s native security and privacy controls.

9.8 User’s access to personal data. The User may access and control personal data obtained through the Website. In case of data obtained with the consent of the User, the consent may be withdrawn at any time by the User by contacting us at Hi@BraziliciousBeautySpa. In addition, the User may request access, update or permanent removal of their personal data by contacting us at Hi@BraziliciousBeautySpa.com. Requests for access and control of personal data are answered within 30 days. 9.8.1 At any time, the User may request the definitive removal of their registration data or the cancellation of their registration, except for the maintenance hypotheses provided by law, including any possible reviews, comments and/or tax information of the User. It shall not be subject to confidentiality, the information (i) that was already in the public domain at the time it was received or becomes public domain, without breach of the obligations undertook herein; (ii) that becomes known to the parties on a non-confidential basis, received from third parties, whose acquisition and disclosure have been fully independent, without breaching any obligation undertook herein and without any confidentiality; and (iii) whose disclosure is required by law, regulation or administrative, judicial or arbitral decision.

9.9 The User expressly authorizes their personal information and data to be collected, stored, processed, used and shared with BBB and other companies involved in the services provision or supply of products subject to these General Terms and Conditions for the purpose of enabling the services provided, the supply of products and the performance of purchase and sale transactions, including the delivery of the Products. The User is aware that these companies may not have the same protection requirements adopted by BBB, and will not be held liable for damages that may arise from such sharing.

GENERAL CONDITIONS AND LIABILITY LIMITATION:

10. Any omissions in these General Terms and Conditions will be jointly solved by BBB and the User. 10.1 Tolerance to any breach of the provisions to these Terms and Conditions by either party shall not be construed as a waiver or novation. 10.2 The User is aware and agrees that BBB shall not be held liable, under no circumstances, for consequential damages or loss of profits. 10.3 The information about the Therapists registered on the Website is provided by the Therapists, and BBB does not perform any kind of validation and/or check the information provided by the Therapists. It is recommended that the User checks and confirms the information provided by the Therapists.

APPLICABLE LAW AND JURISDICTION:

11. All items in these General Terms and Conditions are governed by the laws in force in the state of Texas, United States of America. To solve any questions or concerns regarding these General Terms and Conditions, the parties agree to be subject to the District Court of Austin. State of Texas, United States of America.

Links:
[1] https://www.BraziliciousBeautySpa.com
[2] www.brazilicious.me