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UniHair Inc —You Need Unique Hair | Top No.1 Hair Wholesaler
General Terms and Privacy Statement
1、Member Enrollment :You can purchase the corresponding annual membership card or the order amount exceeds the specified amount, you can enjoy the services corresponding to the annual membership card, and redeem corresponding products or services through points.
2、Members’information: Members must provide current and valid contact information and keep such information updated in their Member profile.UNIHAIR relies on Member contact information as reflected in Member profiles for any necessary communications. UNIHAIR has the right to terminate a Member’s account and/or revoke Member Points if an account has multiple email addresses and/or is suspected of being related to fraudulent or abusive activity. UNIHAIR reserves the right to terminate the Member accounts and/or revoke Points from accounts without valid contact information.
3、Eligibility : By participating in the Program and taking advantage of its benefits, you agree to the following:
4、Termination by Member: To close a Member account, contact UNIHAIR Service Center.
5、UNIHAIR’s Terms and Conditions, Program Rights: UNIHAIR reserves the right to modify, alter, or otherwise update the Membership Terms and Conditions for the Program, and to modify, suspend, or cancel the Program at any time. The “last updated” date set forth at the end of these Terms and Conditions indicates when changes have been made, and it is a Member’s responsibility to review changes to the Terms and Conditions regularly. By continuing your membership in the Program after the date on which changes are made to the Terms and Conditions, you are agreeing to those changes and affirming your agreement to comply with all of the Terms and Conditions, as updated. The current Program Membership Terms and Conditions supersede all prior published Program Membership Terms and Conditions.
6、UNIHAIR’s right to cancel membership, revoke or adjust Point deposits: UNIHAIR has the right to cancel any membership, and to revoke any and all unredeemed Points, benefits and/or rewards collected in a Member’s account, for reasons that include, but are not limited to the following:
7、Employer and Country Restrictions : Some employers may have a policy that prohibits or restricts employee participation in the Club. Some countries’ laws may also prohibit participation in the Club or some aspects of the C. Members are responsible for complying with local laws and regulations, applicable terms and conditions of their employment, their employers’ internal policies and procedures, and any other rules to which they are subject. UNIHAIR assumes no responsibility or liability for Members’ compliance with such policies, laws, rules, or regulations.
8、Arbitration : Except with respect to any claim or dispute involving the ownership, validity, or use of any UNIHAIR trademarks or service marks, and to the extent permitted by applicable law, any dispute arising out of or related to the Program or the Program Terms and Conditions, seeking as relief money damages or Points and/or attorneys’ fees or other damages (“Covered Claims”) will be submitted for arbitration to the American Arbitration Association (AAA). UNIHAIR shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and UNIHAIR waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and UNIHAIR waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the terms and conditions, as a court would.
In reaching his or her decision, the arbitrator shall follow the Program Terms, shall be bound to apply the applicable law, and shall not rule inconsistently with the applicable law. The arbitrator may not (1) without the consent of all parties, combine more than one individual’s claim or claims into a single case, (2) participate in or facilitate notification to others of potential claims, or (3) arbitrate or preside over any form of a class, mass, collective, or representative proceeding. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties to the proceeding, and judgment upon the award may be entered in any court of competent jurisdiction.
If a party violates this arbitration agreement by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the Program Terms and Conditions, including this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims. However, if a party complies with this arbitration agreement and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of the Program Terms and Conditions for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of the Program Terms and Conditions, including this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator) shall remain confidential and shall not be disclosed to anyone other than the parties to proceeding.
9、Limitations Period :Any and all claims and actions arising out of or relating to the Program Terms and Conditions must be started within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
10、Waiver of Class, Mass, Collective, and Representative Claims: To the extent permitted by law, you agree that you will not file a class action against UNIHAIR, participate in a class action against UNIHAIR, file or seek a class, mass, collective, or representative arbitration against UNIHAIR, or participate in such an arbitration against UNIHAIR, for any claim or action arising out of or related to the Program or the Program Terms and Conditions. To the extent permitted by law, you agree that all such claims may only be brought in your individual capacity, and not on behalf of other individuals.
11、Miscellaneous Provisions: These Terms and Conditions constitute the entire agreement between you and UNIHAIR with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of UNIHAIR in exercising any right or remedy hereunder or enforcing the Terms and Conditions will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect. If the Waiver of Class, Mass, Collective, and Representative Claims is found to be unenforceable, then any claim brought on a class, mass, collective, or representative action basis must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for such claims. Headings are for convenience only and not for use in interpretation of this Agreement.
12、Release: By participating in the Program, each Program Member agrees to release, discharge, and hold harmless UNIHAIR, its advertising and promotion agencies, their respective parent companies, affiliates, subsidiaries, and their directors, officers, agents, and employees from all claims or damages arising out of any use or misuse of the Program by that Member.
13、Maintaining Member Information:Protecting Your Account: Club Members are responsible for keeping their profile information current, including relevant contact information, such as mailing address and email address. Most personal information and communication can contact UNIHAIR Service Center. Each Club Member is responsible for restricting access to and maintaining the confidentiality of the Member’s account and PIN/password and agrees to accept responsibility for the activities of anyone using the Member’s PIN/password. When contacting UNIHAIR Service Center about your account, you may be asked for additional information for fraud prevention and security purposes.(such as a driver’s license with your new name, marriage certificate, passport, or other legal documentation)
14、Governing Law : These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. Any dispute not covered by the terms of the Arbitration provision set forth in these Program Terms and Conditions may be filed only in the state or federal courts located in the State of New York, United States.
15、Restricted by Law : This Program or participation in it is not valid, and/or the awarding of Points.
16、Tax Liability : Taxing authorities may determine that UNIHAIR Member Club Points, rewards, through participation may be subject to tax liability, including, without limitation, foreign, federal, state and local taxes, surcharges, security charges and departure taxes. In that case, any tax liability, including disclosure, connected with the receipt and/or use of rewards is the responsibility of the UNIHAIR Club Member.
17、Program Interpretation : Interpretations of Program Terms & Conditions shall be at the sole discretion of UNIHAIR.
18、Transfer of UNIHAIR Club Member Points Upon Death : When an UNIHAIR Club Member passes away, the Member's Points may be transferred to the UNIHAIR Club Member account(s) of the Member's beneficiary(ies). The request for transfer should be sent to UNIHAIR Service Center by the executor or administrator of the decedent’s estate, along with court documents showing authority, or by a sole beneficiary, along with copies of the decedent’s will and death certificate. The request must be received within one (1) year of the date of death. Transfer fees will be waived.
19、No Guarantees on Merchandise : UNIHAIR make no guarantees, warranties, or representations of any kind, expressed or implied, with respect to items of merchandise or products (including but not limited to items obtained by redeeming Points), or services of partners. UNIHAIR shall not be liable for any loss, expense (including without limitation, any legal fees), accident or inconvenience that may arise in connection with the use of such items or as a result of any defect or failure of such items. Any implied warranties of merchantability or fitness for a particular purpose are specifically disclaimed.
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