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Terms & Conditions

Terms of Use

Last updated: April 25, 2023

* Offer T&C's: No more than two items can be purchased at a 35% discount and must be purchased for personal use (not for resale) - AVYA Skincare reserves the right to decline a purchase if we feel our terms are being misused or not abided by. If this occurs, a full refund will be given.

Please read these Terms of Use carefully before using this website.

The avyaskincare.com website (the “Website”) is a service operated and provided by Global Beauty Science Holdings, Inc., a Delaware Corporation (“GBSH”, “we”, “us”, and/or “our”). Access to the Website is expressly conditioned upon your acceptance of the following Terms of Use (the “Terms”) which set forth the terms and conditions applicable to your access to and use of the Website.

BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING, BUT NOT LIMITED TO PURCHASING PRODUCTS, CREATING OR ACCESSING AN ACCOUNT, OR ACCESSING ANY INFORMATION PROVIDED ON THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO AGREE TO THESE TERMS.

NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OR ON THE WEBSITE TO THE CONTRARY, THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 13 AND 14 BELOW.

We may revise these Terms at any time. The “Last Updated” date at the top of these Terms reflects the date of the most recent revisions. You are responsible for regularly reviewing the Terms. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of each page of the Website. Your continued access and/or use of the Website after we post any revised Terms constitutes your agreement to any such revised Terms.

All inquiries may be directed to: DBV@globalbeautyscience.com

1. General Terms & Restrictions of Use

Use of Website. Subject to the limitations contained in these Terms, you may access and use the Website solely to view information about and to purchase the products and services of GBSH for your personal, informational, and non-commercial use or as expressly authorized by these Terms or in writing by us. You agree not to access or use the Website for any other purpose, including without limitation, any purpose that is prohibited by these Terms or by the law of any relevant jurisdiction. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Website. We may, in our sole discretion, terminate or suspend your access to and/or use of the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason). You agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website directly or indirectly, until your suspension is removed and we provide you express notice thereof. You are solely responsible for all uses of the Website by you.

Limited License; Restrictions on Use of Website. GBSH grants you a limited, non-exclusive, non-assignable, non-transferable license to access, use, view, store, bookmark, download, and print content within our Website and to make other use of the Website that is customary for similar Internet websites for your personal, non-commercial, and informational purposes or as expressly authorized in writing by GBSH. This license shall be considered revoked if you fail to fully comply with these Terms. You are not authorized to alter, modify, or create derivative works of any such content without first receiving our express written permission. You further agree not to (a) use any of our trademarks as metatags on other websites; (b) use the Website in any manner that is illegal or impairs the operation of the Website or its availability to or use by others; (c) display any part of the Website in frames (or any content thereof via in-line links); and/or (d) use or access, or attempt to use or access, any portion of the Website for which registration is required unless you are a Registered User (as defined in Section 3 below) without first obtaining our express written permission to do so. You further agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through or incorporated into the Website, and not to insert any code or product or manipulate the Website in any way that affects the user’s experience, including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of GBS’s services. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any other data gathering or extraction method in connection with your use of the Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of our Website.

GBSH may discontinue or alter any aspect of our Website, remove Content from our Website, restrict the time our Website is available, or restrict the amount of use permitted at GBS’s sole discretion without prior notice or liability. You agree that GBS may, under certain circumstances, immediately suspend and/or terminate your access to our Website. You further agree that such measures shall be taken at GBSH’s sole discretion without liability to you or any third party.

2. Content

You acknowledge that our Website contains information, software, photographs, video, text, graphics, music, sounds, or other materials provided by GBSH or third parties (defined collectively as “Content”), some of which are protected by copyrights, trademarks, trade secrets, or other proprietary rights (the “Protected Content”), and that these rights are valid and protected in all forms.

Trademarks. The GLOBAL BEAUTY SCIENCE HOLDINGS, AVYA Skincare AND HYDROVEDA names and logos, and all related products and services, design marks, slogans, and trade dress are the trademarks, service marks, and/or registered trademarks of GBSH. GLOBAL BEAUTY SCIENCE HOLDINGS, AVYA Skincare AND HYDROVEDA names and logos and other trademarks, trade names, and trade dress owned by GBSH may not be used in any commercial manner without the prior written permission of GBSH or as expressly provided in these Terms. In addition, all page headers, custom graphics, button icons, and scripts are services marks, trademarks, and/or trade dress of GBSH or its licensors and may not be copied, distributed, imitated, posted, framed-in, or used, in whole or in part, without our prior written permission.

All other trademarks and service marks contained herein are the trademarks of their respective owners.

User Content. The Content posted by users on our Website (“User Content”) is the intellectual property of the specific users of our website who post such User Content and their licensors, if any. GBSH does not claim any ownership rights in such User Content. 

By posting User Content on our website, you hereby grant GBSH a limited, transferable, non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works from and compilations incorporating such User Content. You also agree that GBSH is free to use any ideas, concepts, know-how, or techniques that you send to GBSH for any purpose.

In the event that you would like to remove your User Content from our Website, please contact GBSH. Please note that it may not be possible to completely remove your User Content and that your User Content may still be available to others under certain circumstances. Moreover, GBS may continue to use the User Content pursuant to the license granted by its posting even after the User Content has been removed from the Website.

3. User Accounts

Certain portions and features of our Website may be protected by passwords or require you to register an account. In the event that you choose to register an account, you agree to provide GBS with current, complete, and accurate information as prompted during the registration process and you agree to regularly update this information to maintain its accuracy and completeness. You further agree that you will not provide false information regarding your identity, or otherwise provide any information for the purpose of attempting to impersonate another person or to commit any form of misrepresentation. You further agree to use the Website only for legitimate and legal purposes. Upon successful completion of the registration process and selection of a unique username and password, you are deemed a “Registered User”. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on our Website, or to any other protected materials or information, through any means not intentionally made available to you by GBSH.

You agree that, prior to providing any personal information (either information about a person, or information from which a person could be identified), you have reviewed GBSH’ Privacy Policy, and that you are fully on notice and aware of the purposes for which GBSH may use any personal information you provide. You also agree that, by providing any personal information, you consent to the collection, use and other processing of that personal information in accordance with the terms of GBS’s Privacy Policy.

You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify GBS in the event your registration information changes, you learn of or have reason to suspect any unauthorized use of your account or any other breach of security, or you believe that your username and password may have been compromised. GBS will not be liable for any loss or damage arising from the loss or compromise of your username and/or password or anything arising out of your failure to comply with this paragraph.

Products and services provided to you through our Website may involve the electronic transmission, including via any email address that you provide to us, of information that you deem to be personal financial information or promotional or marketing materials. You consent to the electronic transmission of such information.

GBSH may refuse to approve a particular username selected by you for any reason, including without limitation, in the event GBSH determines such username impersonates someone else, is protected by trademark or other proprietary law, or is vulgar or otherwise offensive. GBS, however, is under no obligation to detect such matters, and you remain fully and solely responsible for any consequences arising out of the username you select.

4. Purchases

GBSH may allow users to place orders for products and/or services via our Website. “Order” shall mean any order placed by a user for products and/or services via our Website that is confirmed by GBSH. In the event that you are placing an Order to purchase products and/or services, you are subject to the additional terms of this section and any other terms and conditions posted on the Website that enable you to place an Order. In some cases, you may be directed to a third-party website to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that GBSH has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites. Notwithstanding anything herein to the contrary, for GBSH products, the warranty terms, if any, as well as any warranty disclaimers and any exclusions or limitations of warranty or remedy, set forth on the label and/or instructions for a product control GBSH’s liability (if any) and your remedies (if any) for such a product.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and GBSH reserves the right to revoke any stated offer and to correct any error, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, GBSH will issue you the appropriate credit within a reasonable time after your order has been revoked.

In the event you purchase product that must be shipped to you, such products will be shipped by AVYA SKINCARE and/or its third-party contractors within a reasonable time after processing of your Order. Shipment time will vary depending on the delivery method and service you select. GBSH does not guarantee delivery at any certain time and is not responsible for delivery delays.

In the event a product ordered by you is damaged upon receipt, AVYA SKINCARE, at its sole discretion, may provide a replacement product or refund the purchase price. Damaged products which GBS will accept for return or refund are defined in our Return Policy.

5. Market Price

Percent savings are calculated from predetermined Market Prices. GBSH provides these prices in a reasonable effort to demonstrate the relative value of products offered. However, GBS makes no claims to having sold products at the Market Price, or that any party has sold products at that price. Due to manufacturer’s restrictions, certain items may be excluded from sale.

6. Links to Third-Parties

Our website may provide, or third-parties may provide, links to other websites or resources on the Internet. GBSH has no control over such websites or resources, and you acknowledge and agree that GBSH is not responsible for the availability, accessibility, or accuracy of such external websites or resources, and that GBS does not endorse and is not responsible or liable for any content from such websites or resources. You further acknowledge and agree that GBSH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such website or resource. The provision of such links does not imply any sponsorship, affiliation, relation or endorsement of the websites, the content thereof, and/or their respective owners or operators.

7. Linking to the Website

GBSH grants you a limited, non-exclusive, revocable license to create a hyperlink to the Website (“avyaskincare.com”). The content surrounding any Link to the Website must not be false or misleading as to the relationship between GBSH and any third party or as to the nature of the products and services provided by GBSH. We reserve the right to revoke this license to link to the Website at any time. If we do, you agree that you will immediately remove any Link to the Website, or any portion thereof, and will not, directly or indirectly, link to the Website or any portion thereof after such revocation.

8. User Representations

You hereby represent and warrant that:

  • you are over the age of 18, are an emancipated minor under the laws of your state of domicile and/or residence, or otherwise have the power and authority to enter into and perform your obligations under these Terms;
  • You are not under the age of 13;
  • all information provided by you to GBSH is truthful, accurate, and complete and that you will maintain the accuracy and completeness of that information by regularly updating GBS as to any changes, including, without limitation, to your legal name, address, email address and any other information that GBSH may reasonably require; 
  • you are an authorized signatory of the credit or debit card, or other method of payment, that you provide to GBSH or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via our Website; 
  • you will comply with these Terms and all other agreements and terms related to your use of our Website;
  • your access to and use of our Website and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation to which you are subject; 
  • you will immediately notify GBS should you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person.

In the event that you post any User Content via our Website, you hereby make the following additional representations and warranties to GBSH:

  • you are the owner of such User Content or otherwise have the right to grant GBS the licenses granted pursuant to these Terms;
  • you have secured any and all consents necessary to post the User Content and to grant the forgoing licenses;
  • the User Content does not violate the rights of any third-party;
  • the use of any User Content will not result in harm or personal injury to any third-party; 
  • the use of any User Content by GBSH pursuant to these Terms will not violate the intellectual property rights of any third party; and
  • all factual information contained in the User Content is true and accurate.

9. GBS Privacy Policy

GBSH collects, stores, and uses information and data, including personally identifiable information, collected from you in accordance with our Privacy Policy, located below. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

10. GBSH Intellectual Property

All trademarks, service marks, and logos appearing on this Website are the exclusive property of their respective owners.

The trademarks, service marks, logos, trade dress, and other graphics that are owned by GBSH may not be used without the prior express written permission of GBSH.

All Content on the Website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, software, html code, xml code, and any other protectable works of authorship, is protected by copyright. The materials and Content on the Website may not be reproduced, recreated, modified, accessed, or used in any manner in violation of these Terms. Any unauthorized use of any Content, whether owned by GBSH or any third party, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, or modify the intellectual property found in the Website or grant any other person or entity the right or access to do so.

No right, title, or interest in the Content, in any downloaded materials, or in the copyrights, trademark, patent, or other intellectual property rights associated therewith is transferred to you as a result of your use of the Website. Such right, title, and interest remain the property of their respective owners.

11. Copyright Information

If you believe that your copyrighted work is being infringed, please alert GBS by providing the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that has been infringed;
  • a description of the content on the Website that you claim infringes your copyright;
  • a description of where the infringing content is located on the Website sufficient to allow us to locate the allegedly infringing material;
  • your complete contact information, including address, telephone number, and e-mail address;
  • a declaration, made under penalty of perjury, by you that (1) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (2) the information in your notice is accurate; and (3) you are the copyright owner or authorized to act on the copyright owner’s behalf.

This information can be provided via email or postal mail to:

Global Beauty Science, Inc.
help@globalbeautyscience.com

3800NorthLamar Blvd., Suite 200, Austin TX 78756

12. No Warranties; Disclaimer

GBSH makes reasonable efforts to maintain the Website and provide accurate, up-to-date information on the Website. HOWEVER, WE AND OUR PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, AVAILABILITY, ACCURACY, QUALITY, RELIABILITY, SECURITY, CONDITION, OPERATION, SUITABILITY, REASONABLE CARE, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR OTHER CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE, AND YOU SHOULD NOT RELY UPON THEM. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE WEBSITE.

THE WEBSITE IS PROVIDED “AS IS” AND NEITHER GBS NOR ANY OF ITS PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE (A) MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION, OR OPERATION OF THE WEBSITE; (B) REPRESENT OR WARRANT THE USABILITY, AVAILABILITY, ACCURACY, QUALITY, RELIABILITY, SECURITY, CONDITION, OPERATION, SUITABILITY, REASONABLE CARE, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR OTHER CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH OR DISPLAYED IN ANY MANNER ON THE WEBSITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN TO YOU BY GBS OR ANY OF ITS PARTNERS, CONTENT PROVIDERS, AGENTS, OR THE LIKE SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER GBS NOR ANY OF ITS PARTNERS, CONTENT PROVIDERS, AGENTS, OR THE LIKE WARRANTS THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR FREE, OR THAT THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT ON THE WEBSITE) WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, AND ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED. GBS, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, AGENTS, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE.

GBSH, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, AGENTS, AND THE LIKE, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

GBSH does not control User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that we have no monitoring obligations, GBSH reserves the right to remove any and all Content, materials, and/or User Content that it feels is actually or potentially inappropriate, offensive, illegal, harmful in any way, or which may violate these Terms. Furthermore, GBSH does not make any warranties or representations regarding any of the User Content offered on the Website, or the quality thereof. GBSH does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the User Content. You understand that by using the Website, you may be exposed to User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall GBSH be liable under any theory for such exposure.

GBSH is not a backup service for storing User Content, and shall have no liability regarding any loss thereof. You are solely responsible for creating backups of any User Content you posted on our website.

13. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL GBS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY, OMISSION, ERROR, OR INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS OFFERED OR OBTAINED THROUGH THE WEBSITE) OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS), WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF GBS, ITS PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO SUCH DAMAGES.

IN ALL EVENTS, GBS’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS) HEREUNDER SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) IN THE AGGREGATE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, CONTENT, AND/OR OTHER MATERIALS), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

These provisions represent a reasonable allocation of the risks under these Terms. GBSH’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.

14. Indemnification

You agree to defend, indemnify, and hold harmless GBSH, its officers, members, directors, employees, content providers, and agents from and against any and all claims, liabilities, suits, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of (a) a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms; (b) any claims based upon your access to, use of, or posting of User Content to the Website or information on the Website, including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers, and/or infringement of intellectual property rights; and/or (c) any negligence or willful misconduct by you.

15. Information on Site is Not Medical Advice

This website does not provide medical advice.

The content of this website, including graphics, text, images and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete, exhaustive, or authoritative, and is not meant to be applicable to any specific individual’s medical condition.

GBSH/AVYA SKINCARE assumes no duty to correct or update the website nor to resolve or clarify any inconsistent information that might be a part of the website. This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider's judgment. Users should not rely upon this website for emergency medical treatment. The content on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow their advice without delay regardless of anything read on this website.

16. Other Terms

No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and GBSH nor the trade practice shall modify any provision of these Terms.

Assignment. You may not assign, convey, subcontract, or delegate your rights, duties, or obligations under these Terms.

Injunction, Equitable Relief, and Specific Performance Available. The parties agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to GBSH which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that GBSH has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies GBSH may have for your breach of these Terms.

Governing Law. The validity and effect of these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, USA, without regard to its conflicts or choice of laws principles. Any suit, action, or proceeding concerning the Website, its use, these Terms, any sale, or any other product, service, policy, or procedure of GBS must be brought in a court of competent jurisdiction in Kent County, Delaware. By accessing and using the Website, you consent and submit to the exclusive jurisdiction of the state courts located in Kent County, Delaware or in the U.S. District Court for the District of Delaware. In any such suit, action, or proceeding, you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding which is brought in any such court has been brought in an inconvenient or improper forum.

Attorneys’ Fees, Costs, and Expenses. If any action at law or in equity is necessary to enforce the terms of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

Entire Agreement. These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

Severability. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the other remaining provisions.

Additional Terms. Additional terms and conditions may apply to purchases of goods and services through the Website, and you agree to abide by such other terms and conditions.

Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these terms.

Use of Website Outside the United States. GBSH does not provide services outside of the United States and makes no representation that Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.

Privacy Policy

Global Beauty Science Holdings, Inc. (“GBSH” “us,” or “we”) collects your personal information for a variety of reasons. This Privacy Policy applies to personal information we collect from you in the course of our business, including information which is collected through our website, www.avyaskincare.com, (the “Site”).

You should read this Policy before using this Site or otherwise providing us with personal information. If you choose to use the Site, you are telling us you have read and agree to the terms of this Privacy Policy and consent to our actions that are consistent with this Privacy Policy.

Scope of this Privacy Policy

This Privacy Policy applies to our collection and use of the Personal Information we obtain from you, either as a result of your visit to the Site, or because you have otherwise provided us with the information. A fuller description of this Privacy Policy’s scope, and a fuller definition of “Personal Information,” can be found here.

Information Collection

We collect Personal Information about you. This Personal Information may include:

  • information about you that you provide us, for example, by registering to use the site or ordering products on the Site; 
  • information that you otherwise provide us; and 
  • Information we collect by automated means.

Please click here for further information about what we collect.

Information Use

We do not sell, lease or rent your Personal Information unless we have asked for and obtained your explicit (opt-in) consent. We may use and transfer this Personal Information for our business purposes, including customer service and marketing to you, share this information with third parties for certain purposes, use this information to communicate with you, and use this information to comply with our legal obligations, as further described here.

Data Security

We are concerned with the security of your Personal Information and take care in implementing appropriate physical, technical and administrative safeguards. Unfortunately, no data transmission over the Internet, nor any data we collect or store, can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us. Further information on our security procedures and your responsibility for security can be found here.

Data Access, Integrity & Choice

You have choices about whether we use your Personal Information to communicate with you and, if we do communicate with you, what form that communication takes. We will use your Personal Information as described in the “Information Use” section of this Privacy Policy. If you wish for us to stop using your Personal Information to communicate with you, you can write us and tell us that you no longer consent to such use (you opt-out). Please do so by contacting us at the address below.

If you opt-out, we will continue to retain and use your personal information for limited purposes. Click here for a fuller explanation.

For more information regarding your options with respect to access, integrity and choice, please click here.

Effective Date and Updates

We may revise this Privacy Policy at any time. The “Last Updated” date at the top of this Privacy Policy reflects the date of the most recent revisions. You are responsible for regularly reviewing the Privacy Policy. The most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” link located at the bottom of each of our pages associated with the Site.

Contact Information

If you have questions, concerns or requests regarding GBS’s Privacy Policy, or GBS’s collection or use of your Personal Information, please contact us:

GLOBAL BEAUTY SCIENCE HOLDINGS, INC.

1. Scope of this Privacy Policy

This Privacy Policy applies to our collection and use of Personal Information:

  • we collect or use from your visit to the Site; and
  • that you provide to us by other means (for example, as part of an email you send us).

When we use the term “Personal Information” in this Privacy Policy, we mean information that identifies, or can be used by us or on our behalf to identify, an individual. This can be, for example, a name, street address, e-mail address, or telephone number(s). Personal Information does not include encoded information, anonymized information, or information that is publicly available and not combined with non-public Personal Information.

2. Information We Collect

We collect Personal Information from you in certain areas of the Site, as well as through your other interactions with us. The following is a description of what Personal Information we may collect:

Personal Information You Voluntarily Provide. If you voluntarily provide us with Personal Information, for example your name, email address, phone or mobile number, or payment information (such as a credit card), we collect this Personal Information. You may voluntarily provide this information to us in a variety of ways, including by filling out a registration form on the Site, providing us with Personal Information in order to initiate or complete a transaction, providing online feedback to us, or by contacting us (by email or otherwise) with questions about the Site or our products and services.

Personal Information We May Automatically Collect. We use cookies and other technologies to collect information about you when you visit the Site or otherwise communicate with us. For example, we may automatically collect information such as:

  • Your browser type and operating system.
  • Navigation and click-stream data.
  • Search terms you use.
  • Web pages you view on our Site.
  • Links you click.
  • Your IP address.
  • Sites you visited before coming to our Site.
  • Metadata from your communications with us.

IP Addresses. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, web servers can identify your computer by its IP address. In addition, web servers may be able to identify the type of browser and/or type of computer you are using. We collect IP addresses and related information for the purposes of system administration, to assess the traffic to the Site, and to maintain and improve the Site. For security purposes, we may link account information you enter when you purchase products on the Site to the originating IP address, but we do not otherwise link IP addresses to your personally identifiable information. We can and will use IP addresses and other information we possess to identify a user when we feel it is necessary to enforce compliance with this Privacy Policy or our Terms of Use, to protect our service, the Site, customers or others, or to comply with applicable laws.

Cookies. Cookies are small bits of information that some websites (including the Site) transfer to an individual's hard drive. We use cookies to improve users’ experience on our Site, for example to personalize features of the Site and for you, and to analyze the traffic, such as total visitors and pages viewed on the Site, and make improvements based on the data we collect. We never save passwords or credit card information in cookies. The use of cookies has become a standard in the industry. Most browsers are initially set up to accept cookies. You can usually set your browser to refuse cookies or indicate when a cookie is being sent. If you refuse cookies, you may not be able to use some of the functionality of the Site. Other partners or third parties associated with the Site may also use cookies in connection with the services and websites to which the Site links. We do not control these cookies.

Web Beacons. Web beacons are small bits of code that communicate with third parties and are embedded in web pages, our ads or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, to understand usage patterns or other third party functionality. We also may include web beacons in e-mails to learn if messages have been opened, acted on, or forwarded.

You can disable the ability of Web beacons to store cookie information by declining cookies.

Do Not Track. As technologies to address Do Not Track signals are still evolving, we do not currently deploy any technology to respond to Do Not Track signals.

Other Technologies. Examples of other technologies we may use to provide better service to you include:

  • Web Session Variables. Information that is passed from one web URL to another as you browse.
  • Browser plug-ins/add-ons. Additional web components that may need to be installed to enable certain web features on our Site. You have the option not to install these components.

As technologies continue to evolve, we may likewise adapt our methods of collection and processing. To the extent we understand such new technologies to materially alter our collection or use methods as described in this Policy, we will amend this Policy.

The Site may contain links to websites operated by third parties. This Privacy Policy does not apply to any information collected from you through such links or that you may provide on the websites you reach by those links. We are not responsible for any actions, practices or policies of other parties.

Please be advised that if you disclose personally identifiable information or personally sensitive information through public forums or message boards provided by GBS, this information may be collected and used by others. We do not monitor these public spaces and take no responsibility for the content, security or confidentiality of any information posted.

Use and Transfer of Information

Our use of your Personal Information for business purposes. We may use your Personal Information for our business purposes. Such business purposes could include, for example, using the information to provide services to you or complete a transaction with you. We may also use this information for various other business purposes, for example:

  • Analyze and improve the performance of the Site.
  • Analyze our business, products and services.
  • Perform customer service.
  • Communicate with you regarding your account.
  • Communicate with you regarding products or services provided to you by us or our business partners.
  • Market our products and services to you.
  • Contact you on behalf of our subsidiaries or external business partners about a particular offering that may be of interest to you. 
  • Ask you about your experience with or opinions about our company, the Site, or our products and services.
  • Protect against or identify possible fraudulent transactions.
  • Determine the effectiveness of our advertising.
  • Enforce our Terms and Conditions and otherwise manage our business.
  • Such other purposes as we disclose to you, and to which you consent, at the time we collect Personal Information from you.
  • Such other purposes as we disclose to you, and to which you consent, prior to our processing your Personal Information in a manner inconsistent with the terms of this Policy.

We may also provide your Personal Information to third parties who are service providers to us, for example third parties who provide computer-related, credit card processing, mapping, or debt collection services. These third parties will only use your Personal Information as directed by us for our business purposes.

GBSH may also work with third parties to jointly provide you with certain products or services (we call these third parties “external business partners”). We may provide your Personal Information to such third parties for their internal use and analysis regarding, and communication to you about, the jointly-provided products or services. Such third parties must agree with us that any such information we provide will not be used for any purpose other than internal use and analysis regarding, and communication to you about, the jointly-provided products or services.

Prior to transferring your Personal Information to third parties, we will obtain their reasonable assurances that they will treat your Personal Information in accordance with the terms of this Privacy Policy and not use your Personal Information for purposes other than those set forth in this Privacy Policy.

We may also share your information if we merge with, or if we or any of our assets are sold to, another company.

We may also share anonymized data derived from your Personal Information with researchers performing studies in areas relevant to our business. When we do so, we take reasonable steps to anonymize your Personal Information such that it can no longer be used to identify you.

We do not sell or lease your Personal Information. We do not share your information with any third party for the purpose of sending you advertisements for products or services not affiliated with us. We do not transfer your Personal Information to any third party for uses other than those described in this Privacy Policy.

Our use of your Personal Information for legal purposes. Sometimes a law, court order or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or other process. We may also disclose certain information if:

  • we are required to bring, or defend against, litigation or any regulatory proceeding between, or relating to, you and us,
  • we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Site Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Site users or anyone else who could be harmed by such activities, or 
  • we believe in good faith that the law requires it.

Information Transfer. Your Personal Information may be transferred to, stored, and processed in a country other than the one in which it was provided. When we do so, we transfer the information in compliance with applicable data protection laws.

We take steps to protect Personal Information no matter what country it is stored in or transferred to. We have procedures and controls as appropriate to help ensure this.

Data Security

We take appropriate steps that we believe are reasonable to protect the security of your Personal Information on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. We use a combination of technological, physical and policy methods to protect this data such as, for example, requiring a password to access our network and employing firewall security.

You are responsible for maintaining the secrecy of your passwords and any account information. Please be aware that we will never ask you for your password in an unsolicited phone call or e-mail. We do not provide your password to third parties.

Access, Integrity & Choice

Access & Integrity. If you believe that the Personal Information you voluntarily provided us is, or has become, inaccurate, incomplete or untimely, contact us and provide additional or corrected information.

Choice. When you provide Personal Information to us, you consent to our using that information as described in this Privacy Policy.

If you do not want us to use or continue using your Personal Information to communicate with you, you may request that we not do so (opt-out) by following the procedures described below.

Opting-Out at Signup. When you provide first provide us with personal information, you will be given a choice as to whether to receive promotional information from us.

Opting-Out after Signup. If you wish to discontinue any further promotional communications from us, please send your opt-out request to our Privacy Manager. Place the word “UNSUBSCRIBE” in your request to us. We also give you additional choices about how we communicate with you.

Digital / Electronic Communications. You can also stop receiving promotional email messages from us by following the instructions provided in any such message you receive.

Continued Use of Your Personal Information Despite Opt-Out. Because it is essential that we have and use personal information about you in order to provide you with products and services you order from us, we will continue to use personal information to facilitate a transaction that you initiate. In addition, even if you opt-out, we will retain your personal information for our internal use, such as internal business analytics and legal compliance. We will also retain your personal information in order to contact you for non-promotional purposes regarding your use of our service.