Last Updated: 5-12-2022

This Website is operated by Lunae Inc. (“Lunae”). All inquiries may be directed to:

Lunae Inc.

Customer Service Department

18 Wynford Dr. Suite 207

Toronto, ON, M3C 3S2

Your use of the lunaecare.com and/or luane.ca websites (collectively, the “Websites”) is governed by these Terms of Use. Your use of the Websites constitutes your agreement to follow these Terms of Use and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Websites.

These Terms of Use May Change

Lunae reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Websites following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use the Websites.

Use of Website

The Websites are for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Lunae’s goods and services and/or to otherwise transact business with or contact Lunae, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Lunae expressly prohibits third parties from opting out of Lunae’s services and/or contacts on behalf of a Lunae customer or other person or entity, without both (a) Lunae’s full knowledge as to the surrogate action being taken and (b) Lunae’s express permission. This prohibition is intended to protect the privacy and freedom of Lunae’s customers and the personal relationship Lunae works to develop with its customers and others authorized to use the Websites.

You may not interfere with the security of, or otherwise abuse the Websites or any system resources, services or networks connected to or accessible through the Websites. You may only use the Websites for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such age limit, you may not enter into this agreement or use the Websites (or any of related services).

Privacy

At Lunae, we are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe how we collect, use and disclose the personal information of those individuals who visit the Websites. Please see our Privacy Policy for further details.

Copyright Notice

All of the content you see on the Websites, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Lunae and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lunae, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Lunae. The entire Content of the Websites is copyrighted as a collective work under Canadian, U.S. and other applicable copyright laws, and Lunae owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Websites, and the Websites as a whole, are intended solely for the personal and non-commercial use of the users of our Websites. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Lunae. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Lunae reserves complete title and full intellectual property rights in any Content you download from the Websites. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Lunae.

Intellectual Property.

The Lunae Inc. name and any logos appearing on the Website or in conjunction with the delivery of any services are trade-marks of Lunae Inc . The Materials are proprietary and are exclusively owned by Lunae Inc and any unauthorised use, reproduction or distribution of any Materials stored or available through this Website may violate copyright, trade-marks, patents or other intellectual property rights or applicable laws and is strictly prohibited. If You breach any of these Terms, Your authorization to use this Website automatically terminates and You must immediately cease using this Website and destroy any downloaded or printed Materials or any other Materials derived from the use of this Website, which contain intellectual property of Lunae Inc.

 

Submissions

We welcome your comments regarding the Websites. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Websites shall be and remain the exclusive property of Lunae. Your submission of any such Comments shall constitute an assignment to Lunae of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lunae will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You promise that:

• you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
• your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the Websites for any reason.

Gift Messages

Gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in gift messages include, but are not limited to:

• The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Lunae rule or policy.
• The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a gift message.
• The transmission of any content that would violate the intellectual property rights of any other person or entity.

Lunae reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Lunae customers, or to any other person or entity.

 

Product Information

Most products displayed on the Websites are available in Lunae cosmetic clinic. In some cases, merchandise displayed for sale on the Websites may not be available at Lunae Cosmetic Clinic.

Pricing

The prices displayed on the Websites are quoted in Canadian Dollars and are valid and effective only in Canada. Additional shipping and other charges may apply for orders outside of Canada, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on the Websites at the time of your order. Product availability and prices are subject to change. Lunae reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Disclaimer

THE WEBSITES AND ALL CONTENT AVAILABLE ON THE WEBSITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE WEBSITES THAT YOUR USE IS AT YOUR SOLE RISK AND THAT LUNAE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITES.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUNAE AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE ACCURACY, TIMELINESS OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITES OR THE CONTENT OF ANY WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUNAE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO, USE OF OR RELIANCE UPON THE WEBSITES OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITES OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITES; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUNAE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITES HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, TORT OR OTHER THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Lunae and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Websites, including, without limitation, your use of the Websites in violation of these Terms of Use.

Applicable law

The Websites are controlled, operated and administered by Lunae from within the Province of Ontario, Canada. This Websites can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Websites, you acknowledge and agree that all matters relating to access to or use of the Websites shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS. PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE TERMS.