Terms of Use

Terms of Use Agreement

Effective Date: January 5 2024

Welcome to Trustedhair, an online platform (the “Platform”) where users can create, share, and access reviews on various products, services, and vendors. These Terms of Use (“Agreement”) govern your use of the Platform and related services. The terms “we,” “us,” “our,” and “Trustedhair” pertain to this platform and its associated Canadian legal entities, denoting the collective identity of Trustedhair. By accessing or using this Platform, you agree to comply with and be bound by these terms and conditions. If you do not agree with these terms, please refrain from using our Platform.

1. Use of the Platform

1.1. By using the Platform you affirm that (i) all information you provide on the Platform is true, accurate, current, and complete, (ii) you’ll safeguard your account information and oversee its use, (iii) you are not a child (Children are considered to be (a) individuals that are 13 years of age or under, or the age of privacy consent in your jurisdiction; or (b) when processing data on the basis of a contract, the age of legal capacity to enter into an agreement) to register, use the Platform, and contribute to the Platform, and (iv) you have the legal authority to agree to this Agreement and use the Platform in accordance with its terms. Trustedhair reserve the right to deny access to the Platform at our discretion, including for violations of this Agreement. By using the Platform you acknowledge sole responsibility for any shared information with Trustedhair.

1.2. Some features on the Platform require you to create a user account. When you create an account, you must provide complete and accurate information. You are solely responsible for maintaining the confidentiality of your account information and agree to accept responsibility for all activities that occur under your account, including all interactions and communication from your account. We will not be liable when your password is used by someone else.

1.3. We reserve the right to cancel your account and to ban you from registering a new account if the security of your account is compromised in any way and for any reason.

1.4. If you’re creating a Trustedhair account for commercial purposes and accepting this Agreement on behalf of a company, organization, or other legal entity, you affirm that you are authorized to do so and possess the authority to bind such entity to this Agreement. In such cases, the terms “you” and “your” in this Agreement pertain to the entity, and the person acting on behalf of the company is referred to as a “Business Representative”.

1.5. Users must not create any user accounts for the purpose of abusing the functionality of the Platform, or other users; nor to seek to pass yourself off as another user.

1.6. While using the Platform, you may encounter links to third-party sites and apps, allowing you to share content, including your own, with them. For the purposes of these terms and conditions “Content” means material including, without limitation, text, video, photographs, graphics, audio, maps, data, and competition entries, entered on the Platform. Note that these third-party platforms are outside of our control and your Interactions with third-party sites are at your own risk. Trustedhair is not responsible or liable for your interactions with third parties.

1.7. Some content you encounter or access through the Platform may serve commercial purposes. It’s acknowledged and understood that Trustedhair may display advertisements and promotions on the Platform, positioned in proximity to your Content, including video or dynamic content, before, during, or after its presentation, as well as alongside the Content of others.

2. User-Generated Content

2.1. You, the owner of the Content, retain ownership of the copyright in all Content sent to us.

2.2. You must not send materials that contain viruses, worms, or any other destructive elements. Insults, threats, defamatory comments, dissemination of confidential material, pyramid or other soliciting schemes, or actions meant to disrupt or abuse other users are also prohibited. Users must not use the Platform to advocate illegal conduct or to participate in illegal or fraudulent activities and must not post or distribute unauthorized copies of copyright material including photographic images, artwork, text, sound files, or computer programs.

2.3 You must not post Content that is deliberately designed to upset or offend other users or goes against our Guidelines, prevailing guidelines, or applicable local, national, and international laws and regulations. You affirm that the Content you submit does not violate any individual’s right to privacy and is free from harm, offensiveness, defamation, obscenity, harassment, threats, hatefulness, or any form of degradation or intimidation targeting any individual or group based on religion, gender, race, sexual orientation, ethnicity, age, disability, or any other illegal grounds.

2.4. You must not put yourself or others in danger or take any unnecessary risks to create or produce any Content.

3. Prohibited Activities

3.1. You agree not to engage in activities that violate laws, infringe on the rights of others, or disrupt the functionality of the Platform. Prohibited activities include, but are not limited to, hacking, spamming, and spreading malware.

3.2. You further agree not to modify, distribute, or exploit Content, use the services for commercial purposes without permission (unless otherwise permitted under this Agreement), or violate the specified restrictions.

4. Intellectual Property, Copyright

4.1. By providing your Content through the Platform, including via email, forum, interactive comment, review, or other means, you grant Trustedhair a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) host, use, reproduce, modify, adapt, translate, distribute, publish, create derivative works, and publicly display and perform your Content worldwide; (b) make your Content available globally; (c) promote, improve, and share your Content on the Platform with other entities, subject to our Privacy Policy and this Agreement; and (d) use the submitted name and/or trademark associated with your Content. Trustedhair may attribute your Content at its discretion. You also grant that Trustedhair has the right to pursue legal action against those violating your’s or Trustedhair’s rights in your Content. You acknowledge that your Content is non-confidential and non-propriety and affirm that you have the necessary licenses and permissions to authorize its use under this Agreement.

4.2. You acknowledge that Trustedhair does not edit or control user communication posted on the Platform, including reviews, public forums, and other communication forums, and are not liable for such messaging. While Trustedhair does not edit or control users’ Content on the Platform, Trustedhair retains the right to remove any messaging or Content, without notice, which they believe, in good faith, violates this Agreement or is necessary to protect the rights of other users. If you object to the removal of your Content, you can Contact Us. By using the Platform, you agree to submit only Content that aligns with Trustedhair’s guidelines in effect at the time of submission, this includes, but not limited to, ensuring your Content is not;

-false, unlawful, or provide instructions for unlawful activities, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, or fraudulent;

– abusive, Impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise offensive to Trustedhair’s community;

– Infringe on any intellectual or proprietary rights, including patents, trademarks, trade secrets, copyrights, or violate the rights of any party;

– Contain restricted or password-only access information, images etc; or

– Include or intend to facilitate viruses, corrupted data, or other harmful, disruptive, or destructive files, or constitute mass mailings, spamming, junk mail, chain letters, or pyramid schemes.

4.3. Trustedhair is not responsible or liable for any Content posted, stored, transmitted, or uploaded to the Platform by you or any third party, nor for any loss or damage to such Content.

5. Purchasing and Using Third Party’s

5.1. Trustedhair provides users with the capability to explore and choose from a variety of reviewed products, services, and suppliers, often hyperlinked to third parties, facilitating seamless transactions. Links to third-party locations may function as affiliate links. While Trustedhair aids in identifying products, services, and suppliers, the responsibility for purchases, payment processing, and service reservations lies with the user and the third party. Trustedhair does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.  Users are accountable for any transactions they enter, recognizing and accepting the terms, conditions, and privacy policies of the involved third party. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Any disputes arising from transactions or use of third-party websites are the sole responsibility of the user and the associated third party.

5.2. Some of the links provided on Trustedhair may be affiliate links, which means that we may earn a commission or other form of compensation if you make a purchase through these links. It’s important to note that these affiliate links come at no additional cost to you, the user. They are a means through which we can sustain and fund the growth of the Platform, enabling us to continue providing valuable services to our community. We are committed to transparency, and our inclusion of affiliate links is aimed at supporting the ongoing development and enhancement of Trustedhair.

5.3. It’s important to clarify that Trustedhair is not a retailer and does not directly own or provide hair loss or hair-thinning products or services. Despite users being able to review and rate third-party suppliers, products, and services, on the Platform, Trustedhair does not endorse or recommend specific entities. Users are urged to adhere to, and be aware of, the terms and conditions and privacy policy stipulated by third-party’s when making purchases through them, or accessing them. Trustedhair explicitly disclaims any liability for issues stemming from interactions with third-party suppliers, products, or services, underscoring that users engage with them at their own risk.

5.4. Trustedhair’s’ inclusion of hyperlinks to third-party websites does not imply any endorsement of the material on such third-party websites or apps or any association with their operators.

6. Liability Disclaimer

6.1. We kindly request your careful attention to this section, as it outlines the limitations of liability for Trustedhair regarding any issues that may arise in connection with your use of the Platform. If there are any terms within this section or elsewhere in this Agreement that you find unclear, we recommend consulting with a lawyer for clarification before proceeding to access or use the Platform.

6.2. The information, products, services, and suppliers presented on the Platform may contain inaccuracies or errors. Trustedhair does not assure the accuracy of such information and disclaims all liability for errors or inaccuracies related to information, products, services, and suppliers presented on the Platform. This includes, but is not limited to, availability, photographs, lists of amenities, general product descriptions, reviews, and ratings. Additionally, Trustedhair disclaims any warranty that the Platform, its servers, or any data (including email) sent from Trustedhair are free of viruses or other harmful components. To the maximum extent permitted by applicable law, Trustedhair disclaims all warranties and conditions related to this information, products, services, and suppliers.

6.3. Trustedhair explicitly disclaims any warranty, representation, or other assurance regarding the accuracy or proprietary nature of the Content available by and through the Platform.

6.4. The third-party entities offering information, products, and services, on or through the Platform operate as independent contractors and not as agents or employees of Trustedhair. Trustedhair is not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of such third party, nor for any personal injuries, death, property damage, or other resulting damages or expenses. Trustedhair assumes no liability and will not provide a refund in case of delays, cancellations, overbooking, strikes, force majeure, or other events beyond its direct control. Additionally, Trustedhair disclaims responsibility for any additional expenses, omissions, delays, or actions of any government or authority.

6.5. Subject to the preceding statements, you use the Platform at your own risk, and under no circumstances shall Trustedhair (or their officers, Directors, or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages. This includes any loss of income, profits, goodwill, data, contracts, use of money, or damages arising from or connected in any way to business interruption of any type resulting from, or in any way connected with, your access to, display of, or use of the Platform.

6.6. If Trustedhair is found liable for any loss or damage that arises out of or is in any way connected with your use of the Platform, then Trustedhair’s liability will in no event exceed, in the aggregate, the lower of (a) the transaction fees or affiliate fee paid to Trustedhair for the transaction(s) through the Platform giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

6.7. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Trustedhair.

6.8. These terms and conditions and the foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law., for example under consumer protection laws in place in certain countries.

6.9. If the law of the country where you live does not allow any particular limitation or exclusion of liability provided for in this clause, that limitation will not apply. The liability disclaimer will otherwise apply to the maximum extent allowed by your local law.

7. Force majeure

7.1. Although we will do our best to provide constant, uninterrupted access to the Platform we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

8. Indemnification

8.1. You agree to protect and indemnify Trustedhair, along with their officers, directors, employees, and agents, from and against any claims, legal actions, demands, recoveries, losses, damages, fines, penalties, or other incurred costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of;

-your violation of this Agreement or the associated documents;

-your violation of any law or the rights of a third party; or

-your utilization of the Platform.

9. Jurisdiction and Governing Law

9.1. This Agreement shall be governed by and construed in accordance with the laws of the province of British Colombia, Canada, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of the province of British Colombia or the federal courts of Canada, and each party consents to the personal jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.

9.2. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of this Agreement, which shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

10. General Disclaimer

10.1. We are providing this Platform and its contents on an ‘as is’ basis and, to the maximum extent permitted by law, excludes all representations or warranties of any kind including, without limitation, warranties implied by statute. In addition, we do not represent or warrant that the information accessible via this Platform is accurate, complete, or current.

10.2. We will not be liable for any loss which may result from the use of this Platform including, without limitation, loss due to any computer virus or viruses which may infect your computer equipment as a result of your access to or use of this Platform or your downloading of any materials, data, text, images, video or audio from this Platform.

10.3. If, for any reason, we believe that you have not complied with any of these terms and conditions of use, we may, at our discretion, terminate your access to the Platform, immediately and without giving you any advance notice or reason. If we wish to bring the Agreement to an end, we will do so by emailing you at the address you have registered stating that the Agreement has been terminated.

10.4. We reserve the right to reclaim any username, account name, nickname, handle, or any other user identifier for any reason without liability to you.

10.5. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.

11. Privacy Policy

11.1. Our Privacy Policy outlines how we collect, use, and protect your information. By using our Platform you also agree to the terms of our Privacy Policy.

12. Badges and Appreciation Points Policy:

At Trustedhair we appreciate and recognize the valuable contributions of our community members through badges and appreciation points. It’s important to note that these badges and points have no monetary value and are solely intended for the purpose of acknowledging and encouraging positive engagement on our platform.

Please be aware that if, for any reason, badges or appreciation points are lost, removed, or adjusted, there is no claim to their reinstatement or compensation. These virtual rewards are a form of recognition within our community and do not hold any intrinsic or transferable value outside of our platform.

13. Changes to Terms of Use and Platform

13.1. We may update this Agreement from time to time, without notice. We encourage You to check back and review this Agreement periodically for any updates or modifications. Your continued use of the Platform will be deemed acceptance of the updated Agreement.

13.2. Trustedhair may also from time to time, modify or discontinue products and features on the Platform. Trustedhair has no obligation to store or maintain your Content, and Content may be removed, except where subject to applicable law.

14. Contact Us

14.1. If you have any questions or concerns about these Terms of Use, please Contact Us.

14.2. Trustedhair follows a “notice and takedown” approach. If you have any concerns or objections regarding Content, or if you think that material on the Platform violates your copyright, please promptly Contact Us, providing specific support for your concern. Trustedhair will address valid and well-supported complaints by making reasonable efforts to remove blatantly illegal content, in a reasonable time.

 

You may not transfer any of your rights or obligations under this Agreement to another party without our explicit consent.

All rights not explicitly granted in this Agreement are reserved.

Thank you for being a part of Trustedhair. Your engagement ensures that we can continually assist and empower our community in making informed decisions on their hair loss journey.