These are the Terms and Conditions of Service (the “Terms”) for the website located at www.wowgirlnyc.com (the “Site”), including its sub-domains and its mobile-optimized versions, along with any Programs and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
Wow Girl NYC creates, promotes and sells: (i) online education programs for professionals in the beauty industry (the “Service(s)”); and (ii) digital content pieces, student kits and appertaining goods (the “Program(s)”).
The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
If you continue to browse and use Wow Girl NYC, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, Will govern Wow Girl NYC’s relationship with you in relation to the Site, along with any Programs and Services offered thereby.
Wow Girl NYC reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed on the Site, and we may notify you by email.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof. Enrolled students are granted 6 months access. Our Programs or Services, do not include lifetime access, extensions are granted at our discretion.
In order to use our Programs or Services, you will need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete account information. We reserve the right to request electronic signatures and account verification methods from our users. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.
Wow Girl NYC encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual – or even alleged-breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.
You must notify us immediately of any change in your eligibility to use Wow Girl NYC, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties and that any violation of the
aforementioned provisions may result in the immediate termination of your access to the Programs or our Services.
Wow Girl NYC does not provide its Programs or Services to persons under the age of eighteen (18). If you are under such age, you may only use them under the direct supervision of your parent or legal guardian.
You must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
We use worldwide accepted third-party payment processors to bill you through a payment account linked to your account.
You hereby authorize us the charging of fees through your indicated payment processing account.
The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Wow Girl NYC is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
Depending on your place of residence, Wow Girl NYC may collect taxes on orders, and you will be able to review them before placing your final order. Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.
Once payment clears, we will proceed with the shipment of the purchased Programs. Upon placing an order, payment must be received by Wow Girl NYC prior to order processing and/or shipping. Once payment clears, we will proceed to either ship the purchased Programs to you.
All dates displayed are estimated since
Wow Girl NYC uses third party couriers to ship Programs, but it will use its commercially reasonable efforts to ship Programs within a reasonable timeframe after receipt of the completed order, as well as to keep you updated via parcel tracking technology.
Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore Wow Girl NYC will not be responsible for any delays or errors by any third-party logistics providers.
We do not offer refunds or returns for our Programs, Services, and Training Kits including, for the avoidance of doubt, sold physical Programs and/or digital content. If you have a problem with your order,. please contact us as soon as possible. Due to their own nature, sold digital content pieces cannot be refunded, under any circumstance.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with card network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Wow Girl NYC for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Wow Girl NYC as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us. If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Programs or the Services in order to:
Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information ot any person without due consent from the titleholder.
Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Wow Girl NYC or any portion or data feeds therefrom.
The trademarks, copyright, service marks, trade names, and other intellectual property rights and proprietary notices displayed on the Site, the Programs, and the Services are the property of -or otherwise are licensed to- Wow Girl NYC or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners, and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Wow Girl NYC, the Site, the Programs, and the Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
The term hereof shall begin on the date that comes first among (i) first access to the Site; (ii) your first access of any Programs or Services; or (ili) Wow Girl NYC begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of any Programs or Services; (ii) access termination or access revocation for our Services, Programs; (iii) Wow Girl NYC’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Wow Girl NYC to you from time to time; or (v) Wow Girl NYC’s decision to make the Site, the Programs or the Services no longer available for use, at its sole and final discretion.
The Site, the Programs, and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites, Programs or services.
From time to time, we may place ads and promotions from third-party sources in the Site, the Programs and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Wow Girl NYC, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Wow Girl NYC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers.
By disclosing any data and personally-identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow-ups. For more information, please read our Policy.
Neither Wow Girl NYC, nor its affiliates, subsidiaries, officers, employees, and agents warranty that the Site, the Programs or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information was given by Wow Girl NYC or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site, the Programs, and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions.
To the fullest extent permissible under applicable law, the Site, the Programs, and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Wow Girl NYC, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Programs and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.
The entire risk of satisfactory quality and performance resides with you. Wow Girl NYC, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
In no event shall Wow Girl NYC, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, the Programs or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Wow Girl NYC, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
You hereby acknowledge and agree that if these Terms are not specifically enforced, Wow Girl NYC will be irreparably damaged, and therefore you agree that Wow Girl NYC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
If you have any questions regarding this Terms of Service Policy or the practices of this Site, please contact us by sending an email to [email protected].
Last Updated: This Terms of Service Policy was last updated December 2023
