Terms & Conditions
Terms & Conditions
Last Modified July, 2022
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.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the website and mobile application belongs to Ouidad or its licensor. The collection, arrangement and assembly of all content on the website and the mobile application is the exclusive property of Ouidad and protected by copyright laws. All software used in connection with the website and the mobile application is the property of Ouidad or is licensed by Ouidad and is also protected by copyright laws.
You may access, copy, download, and print the material contained on the website or mobile application for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the website or mobile application, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website or mobile application, or use of the use of the website or mobile application or content thereof for purposes competitive to Ouidad, is expressly prohibited. We reserve the right to refuse or cancel any person’s registration, remove any person from the website or mobile application, or prohibit any person from using the website or mobile application for any reason whatsoever. Ouidad, or its licensors or content providers, retain full and complete title to the material provided on the website or mobile application, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on this website and the mobile application will not infringe rights of third parties not affiliated with Ouidad.
You may not use contact information provided on the website or mobile application for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or mobile application or to surreptitiously intercept any system, data, or personal information from the website or mobile application. You agree not to interrupt or attempt to interrupt the operation of the website or mobile application in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the website or mobile application at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
The website and the mobile application and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Ouidad and may not be used in connection with any product or service that is not offered by Ouidad or in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The products displayed on the website and on the mobile application can be ordered and delivered only within the U.S. All prices displayed on the website and in the mobile application are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ouidad.
All material and information presented by us is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Ouidad are not intended to diagnose, treat, cure or prevent any condition or disease.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the website and the mobile application is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information before using or relying on them. The website and the mobile applications do not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Except where prohibited by law, we may limit the number of products available for purchase.
The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website or mobile application.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the website or the mobile application, including the submission of product ratings & reviews, answers to survey questions, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").
Use of Content and Limitation of Liability
We are not liable for any statements, representations, or Content provided by you or any users in any public forum on the website or mobile application or on any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via the website or mobile application or on any Third Party Site, is not controlled by us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the website or mobile application or Third Party Site, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the website or mobile application. The preceding sentence does not apply to New Jersey residents.
You agree not to circumvent, disable or otherwise interfere with security-related features of the website or mobile application or features that prevent or restrict use of any Content or enforce limitations on use of the website or mobile application or the Content therein. You may not interfere with or disrupt the website or mobile application, or servers or networks connected to them, or disobey any requirements, procedures, policies or regulations of networks connected to them, including by using any device, software or routine to bypass robot exclusion headers. we reserve all rights not expressly granted in and to the Content.
Your Content Submissions
We do not endorse any Content or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Content posted by third parties.
Please note that the Content you provide is not confidential or proprietary and we have no obligation of confidentiality, express or implied, with respect thereto and you are not entitled to compensation, payment or reimbursement of any kind for such Content from us under any circumstances unless you are otherwise notified by us in writing.
Use of Third Party Content and Third Party Sites
We may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use of Third Party Content and Third Party Sites is at your own risk. Third Party Content, including comments from third party users submitted to us do not necessarily reflect our views.
If for some reason we decided to end the Curl Rewards program, your points and perks would expire with the program. We also reserve the right to terminate any person’s rewards membership if we believe they are violating the program’s terms and conditions, including but not limited to: reselling Ouidad products, exploiting the program, making excessive returns, engaging in fraud, abusing privileges or behaving inappropriately in a way that seeks to manipulate the rewards program, or for any other reason we deem necessary based on our sole discretion. If your account is terminated by you or us, or you opt out of the rewards program, you will lose any unused rewards as well as all points that you have not yet redeemed.
Modification of Content
Reservation of Rights
Disclaimer of Warranties
OUIDAD IS PROVIDING THE WEBSITE AND THE MOBILE APPLICATION AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE MOBILE APPLICATION, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, OUIDAD DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, OUIDAD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE OR THE MOBILE APPLICATION IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
Disclaimer of Liabilities
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE MOBILE APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
The Digital Millennium Copyright Act
If you believe your work or content has been copied and posted to the website or mobile application in a way that constitutes copyright infringement, please provide Ouidad with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the website and mobile application;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please contact Ouidad at the following address: 5 Adams Avenue, Hauppauge, NY 11788
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND OUIDAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND THE MOBILE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, instead electing that the dispute be resolved by a judge. These Terms and Conditions and any further rules, policies, or guidelines incorporated by and for reference shall be governed by and construed in accordance with the laws of the State of New York.