Terms & Conditions
This website is operated by Shopify. Throughout the site, the terms “we”, “us” and “our” refer to Shopify. Shopify offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL 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.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shopify, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shopify and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 126 York Street, Suite 200 Ottawa Ontario Canada K1N 5T5.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Rewards Program Terms and Conditions
Effective Date: August 9, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BOMBA CURLS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE BOMBA CURLS REWARDS PROGRAM.
Bomba Curls reserves the right to change, modify and/or eliminate the Rewards Program and/or all or any portion of these Rewards Terms or any policy pertaining to the Rewards Program at any time and in our sole discretion, including our right to discontinue or change the Tiers (defined below) or benefits or change the expiration date of Rewards Points (defined below) received under the Rewards Program, merge the Rewards Program with another rewards program, or to adjust how Rewards Points are earned, calculated or redeemed. It is possible that you may be unable to receive enough Rewards Points to use toward a purchase if we discontinue the Rewards Program or merge the Rewards Program into another rewards program. If we make changes, we will post the amended Rewards Terms to https://www.BombaCurls.com/pages/terms-conditions and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Rewards Terms will be effective immediately and your continued participation in the Rewards Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Rewards Terms, you must stop participating in the Rewards Program.
Rewards Program Eligibility
You must be a United States resident (including residents of U.S. Territories) who is at least 18 years of age to participate in the Rewards Program. The Rewards Program is intended for personal use only, and commercial use by commercial customers and others purchasing items for resale are not eligible to participate in the Rewards Program. Current employees and contractors, and their immediate family members living in the same household, are not eligible to participate in the Rewards Program.
Rewards Program Description
The Rewards Program is a free customer loyalty program that allows participants to earn “Rewards Points with qualifying purchases on BombaCurls.com. Participants may also earn Rewards Points by participating in Promotional Activities (defined in Section 5) that may be offered through the Rewards Program from time to time. Participants in the Rewards Program may redeem accumulated Rewards Points that can be used toward purchasing items on BombaCurls.com and may also use the Rewards Points for other purposes as may be provided by Bomba Curls from time to time. These Rewards Terms provide a general overview of the Rewards Program. For more information about earning, calculating or redeeming Rewards Points, Tiers, Promotional Activities and other details, please visit our Rewards Program page.
Joining the Rewards Program
There are no membership fees associated with the Rewards Program. Below are some of the ways that you can enroll in the Rewards Program. For more information about enrolling in the Rewards Program, please visit our Rewards Program page.
Email: Bomba Curls via email@example.com.
Join the Rewards Program through a special promotion that may be offered by Bomba Curls from time to time. There may be additional terms and conditions applicable to these offers, so please read them carefully;
Enroll online when you log in to your existing Bomba Curls account (“Bomba Squad Account) (when available) or when you register for a new Bomba Curls Account; or
Once you are enrolled in the Rewards Program and have accepted the Rewards Terms, you can view and manage your Rewards Program account (“Rewards Program Account) by logging into your Bomba Account. You may only have one Rewards Program Account, and it is nontransferable. You are responsible for anyone else who uses your Rewards Program Account.
Earning Rewards Points
The benefits that are available to you through the Rewards Program are based on Tier level and on the number of Rewards Points that you earn by making qualifying purchases on BombaCurls.com or otherwise participating in the Bomba Curls Rewards Program Promotional Activities. For information about how to earn product review based Rewards Points, please visit the Rewards Reviews page.
Purchases. In order to receive Rewards Points for a purchase, your order must be placed in the Bomba Curls Account that is associated with your Rewards Program Account. You will earn Rewards Points based on the total amount paid for your purchase, including any tax and shipping but excluding any purchases to the extent made with Rewards Points, other discount codes or gift cards. For more details about how to earn Rewards Points by making qualifying purchases, please visit our Rewards Program page. Purchases made on any other websites are not eligible for Rewards Points or other benefits unless otherwise indicated.
Promotional Activities and Events. From time to time, we, or others acting with our permission, may offer you opportunities to earn bonus Rewards Points, such as inviting you to engage with Bomba Curls in special promotional events or activities in exchange for Rewards Points (“Promotional Activities).
Below are two examples of Promotional Activities that we may offer you under the Rewards Program:
Product Reviews. You may earn Rewards Points by writing eligible product reviews on BombaCurls.com (“Product Reviews). Product Reviews may not be combined with other product review incentive programs offered through Bomba Curls.
Rewards Program Account Login. During special promotional periods, we, or others acting with our permission, may offer you opportunities to earn Rewards Points once daily by logging into your Bomba Curls Account through your mobile device or computer (when available) (“Account Logins). Please see the Rewards Reviews page for details.
For the purposes of these Rewards Terms, Product Reviews are Promotional Activities.
The number of Rewards Points that you can earn each calendar year by participating in Promotional Activities may be capped at the discretion of Bomba Curls. For more information about the annual cap, please visit our Rewards Program page.
For further details on Promotional Activities please visit our Rewards Program page. Rewards Points for participation in Promotional Activities will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer. Some Promotional Activities may limit the amount of Rewards Points earned per Promotional Activity. Rewards Points for eligible participation in Promotional Activities may take seven or more days to be added to your Rewards Program Account.
Redemption of Rewards Points
You can redeem Rewards Points posted to your Rewards Program Account, which can be applied toward future BombaCurls.com purchases. For more details on redeeming Rewards Points (including the redemption rate), please visit our Rewards Program page. You can redeem your points by logging into your customer account and then clicking on the launcher. Under the 'Rewards' section, you can click 'Redeem' next to the reward that you want to claim!
Rewards Points accumulated under the Rewards Program issued when Rewards Points are redeemed are promotional in nature and have no cash value. Rewards Points are redeemable in merchandise only and cannot be applied to previous purchases. Your Rewards Points and your Rewards Program Account are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with, family, friends or others, or used by you for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Rewards Program.
EXPIRATION OF REWARDS POINTS
Impact of Merchandise Returns on Your Rewards Points
If you return merchandise that you purchased with your Rewards Codes in accordance with the BombaCurls.com Return Policy, you will be refunded the amount you paid to the original method of payment. You will not receive replacement points for returned merchandise and Bomba Curls will not credit the redeemed Rewards Points back to your Rewards Program Account.
If you void a purchase or return your purchase, Bomba Curls will deduct the Rewards Points that you were awarded for that purchase from your Rewards Program Account. If you have already redeemed those Rewards Points, this could potentially result in a negative Rewards Point balance in your Rewards Program Account.
Without notice to you, Bomba Curls reserves the right to suspend or terminate your Rewards Program Account and/or your participation in the Rewards Program (in whole or in part), if Bomba Curls determines in its sole discretion that you have violated these Rewards Terms, you have more than one Rewards Program Account, or that the use of your Rewards Program Account or your participation in the Rewards Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. Bomba Curls may, in its sole discretion, suspend, cancel or combine Rewards Program Accounts that appear to be duplicative. In the event that your participation in the Rewards Program is terminated, you will not be able to redeem any accumulated Rewards Points.
Without notice to you, Bomba Curls also reserves the right to “unregister" a Rewards Program Account that is inactive and cause that Rewards Program Account to be ineligible for the Rewards Program. An inactive Rewards Program Account is defined as a Rewards Program Account that has not earned Rewards Points for one year. In the event that your Rewards Program Account is unregistered due to inactivity, then you will no longer be eligible for Rewards Program benefits, including accumulating Rewards Points or converting your Rewards Points into Rewards Codes. You may reactivate your Rewards Program Account by logging into your Bomba Curls Account or making a purchase using your Bomba Curls Account that is associated with your Rewards Program Account, but any Rewards Points earned prior to the Rewards Program Account being deemed inactive will be voided.
If you have any questions or if you are dissatisfied with the Rewards Program in any way, please contact our Customer Service team via email at firstname.lastname@example.org.