Terms Of Use
Terms Of Use & Privacy Policy
1. Introduction
LUSH AESTHETIC BAR DBA LUSH BOUTIQUE MED SPA at these website www.lushaestheticbar.com and www.lushatgraced.com is a project and platform that provides services pertaining to wellbeing retreats, stay, events, rentals, event organizations, personality development and healing. The TERMS OF USE are conditions to use our website and trade in our website. It must be read along with the privacy policy and other relevant disclaimers, notices that LUSH AESTHETIC BAR provides from time to time. By using our website, you assent to THE TERMS OF USE and are bound by them. It is to be noted that your interaction with our site and availing our services must solely be for personal use. You shall not authorize others to use your user status and must refrain from assigning or transferring your account to other persons/ entities. Upon using our website, you are agreeing to abide by the laws applicable in United States and in the country, province, and city from where you are accessing our site.
2. User Agreement
YOU or ANY PERSON who avails any service through the LUSH AESTHETIC BAR is deemed to have entered into a legally binding agreement with the said Platform. This agreement includes all the enlisted terms, conditions, clauses, and other recitals set-forth under this “TERMS OF USE” page. For the purpose of this agreement;
(a) “YOU” or “ANY PERSON” or “USER” or “YOUR” means, any user, any visitor, any client, any person, individual, firm, company, association, syndicate, partnership, joint venture, trustee, trust, corporation, division of a corporation, unincorporated organization or other entity or a government agency or political subdivision thereof who visits, or uses this webpage for any purpose or service;
(b) “ANY PERSON” who enters into this agreement by ratifying orally or written or through conduct, shall be deemed to be “USER”, and “COMPANY” shall be the proprietor of the LUSH AESTHETIC BAR LLC.
(c) “USER” refers to any person who avails the services of LUSH AESTHETIC BAR.
(d) “WE”, “US” or “OUR” refers to LUSH AESTHETIC BAR, DBA LUSH BOUTIQUE MEDSPA a website developed and operated by LUSH AESTHETIC BAR LLC, a registered company as per the laws of United States.
(e) “COMPANY” refers to LUSH AESTHETIC BAR LLC, a registered company as per the laws of United States.
3. Eligibility
ANY PERSON, who are eligible to enter into a contract as under the Law of Contract of United States and other statutes as mandated, are eligible to enter into this agreement. ANY PERSON, who is categorized as “MINOR” as under the Laws of United States are not per, and have availed any services from this webpage, shall be deemed to have entered this agreement by their legal guardian upon express notification and grant of permission. WE hold no liability towards unauthorized usage of the services rendered by this platform by INELIGIBILE users as per this terms and conditions.
By using our website or service, you hereby represent and warrant that you are at least 18 years old and/or otherwise capable of entering binding contracts and you have not been convicted for any criminal offence.
4. Violation Of Terms Of Use
On the instance of getting aware of any violation of terms, LUSH AESTHETIC BAR reserves the right to examine and decide whether the behavior on our site comply with the TERMS & CONDTIONS that are clearly set out. We may take appropriate action and terminate the user’s access from using any features of LUSH AESTHETIC BAR, if the TERMS OF USE are not complied.
If any legal action or other proceeding is brought for the enforcement of this Agreement, the non-breaching party shall be able to recover from the breaching party its reasonable attorney’s fees, court costs and all expenses (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. In addition, in the event of a violation of this Agreement, it is understood that the Company will suffer significant harm in the event a violation occurs. Consequently, a reasonable approximation of the actual harm incurred has to be provided as damages caused due to violations, in addition to any other remedies otherwise available in law or equity. Furthermore, I agree that in the event of a breach, or threatened breach, by the USER:
(a) Legal remedies will not be limited to only monetary damages.
(b) Company will suffer immediate and irreparable harm from any such breach, and
(c) Company will be entitled to injunctive relief from a court in addition to any legal remedies the Corporation may seek.
Furthermore, you agree that, if you violate any part of this agreement, the company will have the right to retain any portion of the any payment made to the company or recover any amount as a compensation. The parties agree that laws of United States shall apply to the interpretation of this Agreement, and that exclusive venue shall exist with the courts of United States.
5. Accessing The Platform
To the extent permitted by law, the Company shall not be liable for your inability to access our Website/ Website/ Services or Content for reasons like not possessing a compatible computer, mobile phone or other similar device (“Access Device”) or for having downloaded the wrong version of the Website from your Access Device.
6. License Grant & Restrictions
The Company hereby grants you a non-exclusive and non-transferable right to use our Website and Service, subject to the TERMS of USE of this Agreement. All rights that are not expressly granted to you are reserved by the Company and its licensors.
It is not permitted for the users to:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the LUSH AESTHETIC BAR Website or Service in any manner.
- Modify or make derivative works based upon LUSH AESTHETIC BAR Website or Service.
- Frame or Mirror any of LUSH AESTHETIC BAR Website or on any other server, wireless or Internet-based device.
- Reverse engineer the LUSH AESTHETIC BAR Website or Service.
- Access the LUSH AESTHETIC BAR Website in order to
i. Build a competitive product or service,
ii. Build a product using similar ideas, features, functions, or graphics of the LUSH AESTHETIC BAR Service or Website, or
iii. Copy any ideas, features, functions, or graphics of the LUSH AESTHETIC BAR Website or Service, or
- Launch an automated program or script including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the LUSH AESTHETIC BAR Website or Service.
7. Third-party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. Extent Of Liability
Except for:
a. Infringement or misappropriation of the other party’s intellectual property rights, including trade secrets;
b. Damages for bodily injury, death, damage to real or tangible personal property; (iii) intentional misconduct OR gross negligence; or
c. Any other liability that may not be limited under applicable law (the “Excluded Matters”), in no event will either parties be liable for any loss or unavailability of or damage to data, lost revenue, lost profits, failure to realize expected savings, damage to reputation, business interruption, downtime costs or any indirect, incidental, consequential, special, punitive, exemplary or any similar type of damages arising out of or in any way related to the AGREEMENT, the use or the inability to use the Website, Maintenance or Consulting Services, even if advised of the possibility of such damages.
CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE USAGE OF SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS.
9. Assumption Of Liability
The User shall guarantee that the services opted are for genuine purposes and not with an intent to defraud or with an unlawful intent, and the user shall assume the liability incase if the services opted are found to have any adverse implications.
10.duties Of The Users
The users who intend to use the services offered at LUSH AESTHETIC BAR are:
(a) Thoroughly read and have knowledge about the services that the user is opting.
(b) Solely responsible for any adverse implications caused by the opted service
(c) Deemed that they have read and consented to all the policies and disclaimers of LUSH AESTHETIC BAR.
11.intellectual Property Rights
We, LUSH AESTHETIC BAR at these websites (www.lushaestheticbar.com and www.lushatgraced.com) reserve the right to all the Intellectual Property Rights. YOU or ANY PERSON using the services from this site, are deemed to have granted a royalty free, worldwide, non-exclusive, licensable, distribute, derive, or reproduce any works displayed and shared in connection with the. The Company shall have the Intellectual Property Rights over any text, logos, pictures, posters, images, or any content displayed or shared in this website. YOU or ANY PERSON who uses the website shall not in any form or through any means:
(a) Adapt, use, reproduce, store, distribute, perform, publish, recreate or create any work that is a derivative of the work shared in this website.
(b) Use any part of the content, information, products or services from this website in- order to commercialize.
These enumerated conditions are subject to the Intellectual Property Laws of United States and the recognized international principles of international Intellectual Property Law.
In-order to commercialize any part of the websites content, the user must obtain an approval prior to any act of commercialization.
These TERMS of USE and the other policies posted on LUSH AESTHETIC BAR website constitute the entire agreement between LUSH AESTHETIC BAR and you, superseding any prior agreements.
12.Prior Approval
YOU or ANY PERSON, who intends to commercialize any part of this website – the LUSH AESTHETIC BAR, or affiliates or intends to perform any economic activity to generate money, shall submit a return request to perform such an action, which is subjected to the prescribed condition by the proprietor.
13. Modification
We may amend any term of this agreement at any time, and shall be updated and notified in the website at after the amendments; continuation of usage of the website shall be regarded and deemed to have provided the acceptance to such modification.
In-case, if COMPANY wishes to amend or modify any part of the agreement, COMPANY shall write a return request to consider any modification of this part, upon the discretion of USER.
14.Severability
Any part, provision, representation, or warranty of this Agreement that is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation, or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction.
15.Indemnity
YOU or ANY PERSON who uses any service from this website – the LUSH AESTHETIC BAR, shall indemnify and defend the members of this webpage and hold us harmless, including all those third-party members, agents, employees, companies, distributors, associates, entities that are associated with this webpage.
16.Grievance Redressal
YOU or ANY PERSON who uses the services of this webpage, are aggrieved by any actions or with the products or with any relevant matter, shall mail their written grievance to this mail ID: [email protected]; Upon failure to respond in 30 (thirty) calendar days for reasons other than technical issues, shall send a notice for mediation as per the procedure mentioned in Article 17.
17.Dispute
In accordance with Article 16, any grievance or dispute arising from this contract shall first be mediated hereunder by a mediator mutually agreed upon by and between the parties; the parties agree to split equally the costs of the agreed mediator. The mediation shall take place within sixty (60) days of the date of entry. In the event any matter regarding this contract is litigated, the parties shall agree that any suit or proceeding or claim shall be brought exclusively in the federal or state courts of Ramsey County, Minnesota and the law governing the dispute shall be the law of Minnesota. The prevailing party shall be entitled to recover his reasonable attorney’s fees expended, plus court costs.
18.Meta Data & Cookies Policy
You understand and agree LUSH AESTHETIC BAR will collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by LUSH AESTHETIC BAR to enhance and improve this process, may be shared with LUSH AESTHETIC BAR affiliates, and will not be distributed further without your consent. We use cookies, and other technologies (collectively referred as “cookies”) to facilitate an efficient experience in your browser. We use cookies to analyze your interests and need, and to provide you additional services at this website. Kindly read and understand the COOKIE POLICY set-forth by this webpage.
19.Privacy Policy
We collect information you provide us when you register for an account, verification of your account, when you transact on our services, engage with our community, interact with your account and when you contact us.
We aim to limit the collection of personal information on the basis of your consent. For instance, the information you provide through online membership registration, message boards, surveys, polls, newsletters, emails, SMS or other mobile services. We may also collect information regarding your interests, preferences, geographical location (GPS or IP location) and demographics (age, gender, etc).
During verification of your account we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us.
We may collect information that you provide during a transaction or other transaction-based content, which shall include your financial information (such as credit card or bank account numbers) if you buy/ are required to pay fees to us.
We may collect information automatically including:
o Information of devices interacting with our website/ services including device ID, user ID, device type, ID for advertising and unique device token.
o Information about location including geographical location, your device’s global positioning system signal and information about nearby WIFI networks and cell towers. We obtain this information when you use location-enabled services.
o Information regarding computer and connection information including statistics on page views, traffic to and from the sites, URL, IP address, browsing history and web log information.
We process and use the personal information collected only for the purpose of use as emphasized below including improving our services, identification/verification, marketing and advertising and legal compliance. We may process and use your personal information to:
Identification and Verification-
– Identify you and verify your identity
– Create a user account for you and enter into a contract with you
Improve and customize services-
– Provide you with access to our Services, your history, internal messages and other features.
– Provide you site content as per your preference that includes items and services we offer.
– Provide you with location-based services (such as advertising, search results and other personalized content)
Contact you regarding your account-
– To contact you for customer support to answer your queries
20.Disclaimer
It is deemed that you have read and agreed to the DISCLAIMER set-forth by this webpage.
21.Governing Law
These terms and conditions are governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts in United States.
22.Consent
By accessing or using our websites it is deemed that you agree to the terms of this Privacy Policy. You consent to the collection, use, and sharing of your information as described herein. By providing personal information through our websites, you acknowledge that you have read, understood, and accepted our Privacy Policy, and you consent to our collection, use, and disclosure of your personal information in accordance with this policy. You also agree to any future changes or modifications to this policy, which we may update from time to time. You may withdraw your consent at any time by contacting us using the contact information below, though this may impact your ability to use our services.
23.Contact Details
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
LUSH BOUTIQUE MED SPA,
LUSH AESTHETIC BAR,
LUSH AESTHETIC BAR LLC,
Contact: (920) 797- 9867
Address: 914 s 8th St
Manitowoc, WI 54220
