The Website’s Content
Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Website (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.
If you post to your personal social media including, without limitation, Facebook, Twitter, Pinterest and Instagram and you tag or hashtag Noughty, you grant Company the irrevocable, unrestricted right to repost your post on Website.
Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Prohibited Uses of the Website
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password “cracking,” or any other illegitimate means. You may not breach the security or authentication measures on the Website or any other systems or networks connected to the Website, or otherwise attempt to interfere with the proper functioning of the Website.
You may not impersonate any other individual or entity when using this Website. You may not use the Website or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity. You may not use the Website to defame, harass, threaten, or intimidate others.
Purchases on the Website
Links to Other Websites
This Website may contain links to independent third-party websites (“Linked Websites”). Company provides these Linked Websites solely for your convenience, and does not control or endorse any of them. Company cannot be responsible for the content, promotions, security, or privacy policies of such Linked Websites.
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Company similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimers and Limitation of Liability
COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.
COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You agree to indemnify and hold Company, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website.
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue.
Returns and Cancellation
You may cancel your contract with us for the Products (excluding any custom-made Products) you order at any time up to the end of the seventh working day from the date you receive the ordered Products. This is known as the cooling off period. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
We reserve the right to cancel the contract between us if we have insufficient stock to deliver the Products you have ordered, we do not deliver to your area or one or more of the Products was listed at an incorrect price due to a typographical error or any other error in the pricing information. If we do cancel your contract, we will notify you by e-mail and re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
To cancel your contract you must notify us by email or post. Please see contact address details below.
When you return a Product to us because you have cancelled the contract within the cooling-off period, any sum debited to us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you.
Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
When you return a Product to us for any other reason, we will examine the returned Product and will notify you of either a replacement or refund via e-mail within a reasonable period of time.
We will usually process replacement products and refunds due to you as soon as possible and, in any case, within 30 days of our decision notified to you by email.
Promotion Code and Gift with Purchase (Free Gift) Terms & Conditions
Promotional codes entitle you, at the time of ordering, to a saving on a new order placed with noughtyhaircare.com
Promotion codes are only valid for orders placed online.
Noughty reserves the right to decline orders where, in its opinion, a promotion code is invalid for the order being placed.
Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion code.
Only one promotion code can be used per customer and per order.
Promotion codes are not valid in conjunction with any other promotion, including Free Gift offers and Free samples. Offer is not valid on sale items, sets or other discounted items.
Feedback and Claims of Infringement
Company welcomes any feedback you have regarding the Website. Please be aware that any feedback you provide shall be deemed non-confidential, and Company shall be free to use such information on an unrestricted basis.
If you believe that any content appearing on this Website infringes your copyright rights, Company wants to hear from you. Please forward the following information in writing at the address listed below:
- Your name, address, telephone number and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith believe that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide any feedback or claims of infringement to the following address:
KMI Brands Inc.
1140 Bay Street - 2C
Staten Island, NY
Company seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512 or elsewhere.