Updated as of May 2022

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN SIGNIFICANT INFORMATION ABOUT YOUR LEGAL RIGHTS & OBLIGATIONS.

These Terms of Service constitute an agreement made between you, whether personally or on behalf of an entity (“you”) and Elevate Beauty Education (“we,” “us” or “our”), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

We will alert you about any changes by updating the “Updated as of” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

These Terms of Service are in addition to the Website Disclaimer and apply to the sale of any Online Course/Training Course. Please read these carefully before purchasing an Online Course/Training Course and print off a copy for your records.

Definition

“Course Materials” means the information provided by Elevate Beauty Education to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” “Deposit” “Prices” means the fees paid by you to Elevate Beauty Education for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” “Training Course” means the delivery by us of an online course under which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Training Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.

“Website” means https://elevatebeautyeducation.mykajabi.com/, https://www.elevatelash.ca/

“You” means the individual purchasing the Services.

Services

2.1. A description of the Services together with the dates on which the Services/Courses will begin are available on our Website. We will provide the Services with reasonable care and skill by the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not guarantee that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

2.4 Eligibility. The Service is intended solely for users who are at least 18 years of age (or the age of majority in your jurisdiction) or older, and any registration, access to or use of the Service by anyone under such age is unauthorized, unlicensed, and in violation of these Terms.

2.5 Privacy. You acknowledge that you have read our Privacy Policy, as it may be updated from time to time, (the “Privacy Policy”) and consent to the collection, use, and disclosure of your personal information (whether previously collected or to be collected) for the purposes identified in these Terms or in our Privacy Policy.

User Account

If you are an owner of an “Account” on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

When you create an “Account”, you will be asked to provide certain information. You agree to provide true, current, accurate, and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.

If you have reason to believe that your account is no longer secure, then you must immediately notify us.

4. Online Courses/Training Courses

Elevate Beauty Education reserves the right to amend the course and alter details at its discretion. You should ensure that you allocate sufficient time to allow you to complete the Online Course/Training Course. The law gives you certain legal rights including that the products are of satisfactory quality, as described, and fit for their purpose.

Eligibility - You may not purchase our online/training course unless you meet the requirements from Section 2.4 of our Terms of Service.

Customer Acknowledgement - You acknowledge that Elevate Beauty Education training only constitutes basic skills & knowledge related to courses such as eyelash extensions, henna brows, eyebrow tinting, lash lifting, lash tinting, brow lamination & manicure/pedicure.

Elevate Lash Lounge Inc. (owner of Elevate Beauty Education) and its instructors are not liable for any acts or omissions of the students taking the course. We cannot be held responsible for misuse of instructions or materials associated with our courses. Reliance on any information provided through our online/training courses or our services is solely at your own risk.

As a student, it will be your responsibility to find models for the training (e.g. lash, brow, nail courses). If you are coming from out of the area, please notify us at the time of booking if you will be requiring us to provide models.

Pricing, Orders, and Payment

Pricing - All prices are listed in Canadian dollars. Our prices do not include applicable sales taxes, which will be calculated upon checkout and added to the total cost of your order.

Should you have a discount code, gift voucher, or offer please ensure you apply this at the time of making payment as these cannot be applied retrospectively once payment has been made. Please note we reserve the right to amend course prices or run promotions at any time, without prior notice. Once a booking is made, the price paid is final and no price difference can be refunded in the event of a later course price reduction.

Payment Processing – We, or our third-party service providers, will provide various payment processing methods to facilitate the purchase of our training courses. Please be aware that by making a payment through our Service, you will also be subject to any applicable policies and terms of that third-party payment provider.

We may add or remove payment processing methods at our sole discretion and without prior notice. You agree to pay for any online/training courses that you purchased and that we will charge the credit card or other form of payment that you indicate for any online/training courses purchased.

Forms of Payment – We accept the forms of payment available through our third-party payment provider, such as credit cards/debit cards. Please be aware that your use of any of these payment methods will also be subject to any applicable terms and conditions and policies of the applicable third-party payment provider.

We reserve the right to request additional information from you to verify your payment. We may also add or remove acceptable forms of payment at our sole discretion and without prior notice.

Online/Training Course Purchase – Once you have successfully purchased a course (payment completed), a legally binding contract is created between us (you and Elevate Beauty Education). The full amount of the course must be paid on the first day training otherwise, your deposit will be forfeited. You will receive an email confirmation about your purchase with the following information:

• Your information (as provided when making the purchase)

• Elevate Beauty Education information

• The breakdown of charges for the online/training course(s) you have purchased, including tax or any additional charges

• A detailed description of the online/training course(s), including any relevant technical or system specifications

• Cancellation/Refund Policy

Please note that your booking is not confirmed until a Confirmation Email has been sent by our team to acknowledge your booking. The online payment receipt does not form a guaranteed or confirmed booking.

Security – We will ensure that all of the information you provided when paying for the training/online course(s) is secured by using an encrypted secure payment mechanism but in the absence of negligence on our part, we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provided.

Cancellation/Refund Policy

Our private online/training courses are non-refundable, however, we are willing to reschedule the course within 6 months from the course date if a student cannot attend due to illness. If you’re unable to attend the course on the scheduled date, please contact us at jenna@elevatelash.ca.

Subscription-Based Courses/Coaching

Subscriptions are final. No refunds will be issued. If you'd like to cancel your monthly subscription, please e-mail jenna@elevatelash.ca.

Chargeback

If in any case you falsely or otherwise dishonestly dispute the payment for an online/training course you have purchased from us and a chargeback is fully or partially issued against us, you agree to compensate Elevate Beauty Education for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).

Feedback

We are keen to ensure all students gain the most from their online/training courses. In the first instance, please raise any difficulties or concerns with the instructor during the in-person classes as most issues can quickly be rectified at the time. However, in the unlikely event, your training course with us does not meet your expectations and you feel unable to raise this with the instructor, please contact us at jenna@elevatelash.ca with the details of your feedback. We take all feedback very seriously. You will receive a response within 5 working days.

5. Intellectual Property

All Intellectual Property Rights in the Course Materials, Online/Training Courses, and the speeches made by trainers/instructors on our courses are and will remain, the intellectual property of Elevate Beauty Education, whether adapted, written for, or customized for the client or not.

You are not authorized to:

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audiotape, relay by videophone or other means the Online/Training Courses

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright (trademarks, logos, and service marks) or other notice of Elevate Beauty Education on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online/Training Courses.

Breach of Section 6 of our Terms of Service (Intellectual Property) rights shall allow us to immediately terminate these terms of service with you and cease to provide you with any Services, including but not limited to access to the Online/Training Courses.

6. Limits of Liability

Although Elevate Beauty Education is committed to provide the Services to the highest standards of the industry, neither it, nor its instructors accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, bodily harm/injury or emotional stress or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

7. Indemnity by You

You agree to indemnify and not hold us responsible for all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges, and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from:

(a)access to or use, by you or permitted by you, of the Service or your Account,

(b)any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights, and

(c)any third party claims as a result of your reliance on any information made available to you through an online/training course.

8. General Provisions

Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed by, the laws in force in Nelson, BC and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of Nelson, BC in connection with any matter arising out of or in connection with these Terms.

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, through your Account, or conspicuous posting of such notice on the Website or otherwise through the Service, as we may determine in our sole discretion.

Entire Agreement – These Terms, as amended from time to time, including any documents and policies referenced herein, constitutes the entire agreement between us and you concerning the matters referred to in these Terms.

Language – These Terms are only available in English. No other languages will apply to these Terms.

Contact Information

Questions about our Terms of Service should be sent to jenna@elevatelash.ca.