Unhako
Website & Company Policies
Terms of Use
Last Updated – March 6, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT
GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. AGREEMENT TO BE BOUND BY THESE TERMS OF USE
This website is owned and operated by Unhako Boutique LTD (“Unhako”, "we” and “us”). Access and use of this website ("Website") and its related services (the "Services") are provided by Unhako to you on condition that you accept these terms of use ("Terms of Use"). By accessing or using this Website or the Services (including the purchase of any products offered on this Website ("Products")), you agree to these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use this Website or the Services.
These Terms of Use govern the relationship between you, this Website visitor and/or member (“you”) and Unhako with respect to your use of the this Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and
otherwise discharge all of your obligations hereunder.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction. You may access and use the Website and the Services only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Unhako, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Website.
You further agree that you will not: (a) resell for commercial purposes Products purchased through use of the Website; or (b) make commercial use of the Website of the Services. Any unauthorized use of the Websitess will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Websitess, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Any information you submit or we collect through the Website is subject to our privacy policy, the terms of which are incorporated into these terms of use.
NOTE THAT THE ARBITRATION PROVISION BELOW REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST UNHAKO AND OUR AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
2. JURISDICTION & CHILDREN
This Website and the Services are provided solely for your personal use. The Website and the Services are intended for use by adults that are 18 years of age or older. You may, where authorized or permitted by law, permit your children to use this Website and the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted and items obtained through your Account (defined below), including, without limitation, all activities which may be conducted and/or items which may be obtained by your child.
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 a jurisdiction and under such age limit, you may not enter into these Terms of Use or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Use or use this Website or the Services.
By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed. Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that your use of this Website or the Services is not allowed.
3. PRIVACY
Unhako is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our Privacy Policy for further details.
Should you choose to post any content or other material on our Website, you understand that
such material (including, for example, your name and/or your user ID) may become public.
You acknowledge and agree that access to and use of this Website and the Services is provided
via the internet and that your information, including personal information, may be transferred
across national borders and stored or processed in any country in the world.
4. ACCOUNTS, USER NAMES AND PASSWORDS
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services. During the registration process we may collect your name, birth date, email address, phone number, username, password, IP address, computer’s hardware and operating system specifications, and where you permit your children to use this Website or the Services, their name, email address, username and password. Where a fee is payable for a Service, we may also collect your payment related information (such as your credit card number and billing address). Your information may be used by us:
(i) to verify your eligibility to create and to maintain your Account;
(ii) to ensure that your Account, including your username, is unique;
(iii) to enable us to provide certain security and privacy safeguards;
(iv) to deal with security, debugging and technical support issues;
(v) for billing and payment-related issues;
(vi) to protect ourselves and others from abuse;
(vii) to ensure your compliance with these Terms of Use;
(viii) to comply with law; and
(ix) as may be otherwise permitted by law.
You agree at all times to: (i) provide accurate, current and complete information about yourself
as prompted by our registration form or otherwise; and (ii) maintain and update your information
(including your e-mail address) to keep it accurate, current and complete.
WHERE A CHILD UNDER EIGHTEEN (18) YEARS OF AGE SEEKS TO CREATE AN ACCOUNT, THEY MAY BE REQUIRED TO PROVIDE THEIR PARENT/GUARDIAN’S NAME, PHONE NUMBER, ADDRESS OR EMAIL ADDRESS SO THAT WE CAN CONTACT THEM TO VERIFY THEIR CONSENT. CHILDREN UNDER EIGHTEEN ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES UNTIL CERTAIN STEPS ARE TAKEN BY THEIR PARENT/GUARDIAN.
You must not choose a username that infringes the rights of any third party, impersonates any Unhako employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise deemed inappropriate in our soul discretion. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Website or the Services via your username or password to any third person (except to your minor children if you are their parent or guardian).
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
You may not use the Account, username, or password of anyone else at any time, unless they are your parent/guardian and you have your parent/guardian's permission to do so. You agree to notify us immediately or any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge. You cannot transfer your Account to any other person, or permit anyone, other than your children, to use same. We reserve the right to deactivate your Account without notice to you if we determine you have violated these Terms of Use, have not logged on to the Website in over one year, or we determine that you have multiple accounts for the same individual.
5. PRODUCTS
This Website may also allow you to purchase Products from time to time. Please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Although we will endeavour to provide you with the most accurate information regarding the Products pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Website.
Subject to applicable laws, we may amend this Website, the Services, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice. Products made available through this Website may be provided by third parties who are not affiliated with Unhako. All questions or inquiries regarding such products should be addressed to the product manufacturers. Reliance on any information provided on the Website is solely at your own risk. If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any Products purchased on the Website.
6. PAYMENT
The prices displayed on this Website are quoted in Canadian dollars. Also note that the price of any Products on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same. Where you elect to purchase any Products or Services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Products or Services as more particularly set out in the order confirmation provided at the time that you ordered such Products or Services. Under no circumstances will we be responsible:
(i) for any charges that your credit card issuer may apply to you as a result of our processing your order;
(ii) if your card issuer refuses or fails to authorize payment by you; or/p>
(iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
You agree that Unhako may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due. Refunds and exchanges will be subject to Unhako’s refund policies then in effect, if any.
7. PERSONAL USE ONLY
This Website, the Services and the Products are only for personal use. You may not use this Website, the Services or the Products for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
8. CODE OF CONDUCT
You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Unhako's computer systems or perform functions that you are not authorized to perform. Unhako may, without notice, temporarily suspend your, or any other parties, access to this Website or the Services by deactivating any Account, password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any unauthorized manner. These suspensions will be for such periods of time as Unhako may reasonably determine is necessary to permit the thorough investigation and mitigation of such suspended activity. While using this Website or the Services you agree to comply with all applicable laws, rules and regulations, including without limitation any laws governing the transmission of commercial electronic messages or similar. In particular, you agree not to use the Website or the Services to send commercial electronic messages. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
You agree not to post anything on the Website that:
(i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of anotherperson;
(ii) is bigoted, hateful, or racially or otherwise offensive;
(iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
(iv) is misleading, untruthful or inaccurate;
(v) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Service;
(vi) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(vii) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including without limitation a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
(viii) infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation.
In addition, you agree not to:
(i) download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in this Website or the Services except as expressly authorized by us in writing;
(ii) use tools which hack or alter this Website, the Services or that allow you to connect to this Website's or the Services' private binary interface or utilize user or other interfaces other than those provided by us to you;
(iii) attempt to obtain a password or other private account information from any other person or
user of this Website or the Services;
(iv) create multiple Accounts for any purpose; or
(v) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature. You acknowledge that Unhako may remove, delete or edit any post, information or content provided by you for any reason whatsoever, including non-compliance with the foregoing.
WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.
9. FORMS AND SUBMISSIONS
Unhako may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 8 (Code of Conduct) above apply to the Forums. Additionally, without Unhako’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other visitors or users of the Website to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that those Submissions will be nonproprietary and non-confidential, may be made available to the general public, and may be used by Unhako without restriction. You grant to Unhako the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulationsYou further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Unhako, and Unhako does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that Unhako has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
10. REVIEWS
We reserve the right to reject any review for any reason. Third party reviews reflect the opinions of such third parties and do not necessarily reflect the views and opinions of Unhako. Reviews are designed for product performance only, and comments relating to customer service, delivery, and other matters are not acceptable.
11. MONITORING
We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Website or the Services, including in the social, community and public discussion areas, photo and video galleries, Forums, blogs, and elsewhere, to foster compliance with these Terms of Use. You hereby specifically agree to such monitoring. Please note that we do not make any representations, warranties or guarantees that:
(i) this Website, the Services, or any portion thereof, will be monitored for accuracy or unacceptable use;
(ii) apparent statements of fact will be authenticated; or
(iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Website or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement. We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
12. AVAILABILITY
While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
13. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.
14. CHANGES TO SITE AND CONTENT
Unhako may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change:
(i) the terms and conditions of these Terms of Use;
(ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any Products or content or feature or data or service on or available through this Website or the Services or the hours that they are available;
(iii) any fees or charges, if any, related to the use of this Website or the Services; and
(iv) the equipment, hardware or software required to use and access this Website or the Services. Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website.
Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use. You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the top or bottom of this webpage. If you are concerned about our Terms of Use, you should always check this webpage prior to using the Website or Services. Your continued use of the Website following the posting of changes to these Terms of Use will mean that you accept those changes.
15. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Unhako monitors or endorses these websites. Unhako does not accept any responsibility for such websites. Unhako 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
16. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Unhako shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. Unhako suggests that you take prudent action to protect yourself, such as installing appropriate anti-virus or other protective software.
17. INTELLECTUAL PROPERTY
This Website and the Services are owned and operated by Unhako and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names, notice and notice rights, and other similar rights under the laws of Alberta, Canada. Unhako may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “Unhako Materials”) available to you from this Website or the Services, from time to time. If you stream or use Unhako Materials, you agree that such materials:
(i) may only be used for your personal and non-commercial use,
(ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Unhako’s prior written permission, and
(iii) shall only be used in compliance with any additional license terms accompanying such materials. Unhako does not transfer either the title or the intellectual property rights to the Unhako Materials, and retains any and all intellectual property rights that it may have therein. You agree not to sell, share, redistribute, or reproduce the Unhako Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Unhako Materials into a humanperceivable form.
Unhako or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner By any posting, uploading, displaying, performing, transmitting, sharing, making available or otherwise distributing information or other content (“User Materials”) to this Website or the Services by you or at your direction, you are granting, and hereby grant, Unhako, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a worldwide, irrevocable, non-exclusive, royaltyfree, sublicensable license to use such User Materials in connection with the operation of this Website and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, make available, make derivative works from, include in mashups, and reformat such User Materials. You will not be compensated for any User Materials. You agree that Unhako may publish or otherwise disclose your username in connection with your User Materials. By posting User Materials on this Website or the Services, you warrant and represent that you own title to the User Materials and any work or content therein that may be subject to protection by intellectual property laws, or are otherwise authorized by the owner of such title to post, distribute, display, perform, transmit, make available, or otherwise distribute User Materials, in compliance with the license granted herein to Unhako, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives and that such User Materials, and their use, do not violate any applicable laws, including, without limitation, any intellectual property laws.
You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you. By posting, uploading, displaying, performing, transmitting, sharing or otherwise distributing any User Materials to this Website or the Services, you agree that Unhako may, with or without notice to you, remove or render inaccessible such User Materials from the Website or the Services at any time and for any reason, including, without limitation, Account inactivity or compliance with law. If you choose to transmit, share or otherwise distribute your User Materials to third parties through the Website or the Services, you represent and warrant that you will do so in compliance with all laws, including, without limitation, any laws governing the transmission of commercial electronic messages or similar. You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Unhako shall not be responsible or liable for the loss, deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Website or the Services. We may, in our sole discretion, limit the data volume of User Materials that you post or upload to the Website or Services, and may charge a fee for the storage of greater volumes of data, as discussed above. Further, we may, in case of Account inactivity, delete your User Materials.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Website or the Services including without limitation that you have the consent to include images of each identifiable person included in the User Materials and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.
18. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
THIS WEBSITE, THE PRODUCTS, THE SERVICES AND ALL OF THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THIS WEBSITE (COLLECTIVELY, "MATERIALS") ARE PROVIDED "AS IS", "WHERE IS", AND "WITH ALL FAULTS", WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNHAKO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
19. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL UNHAKO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE PRODUCTS, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, UNHAKO’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE (INCLUDING PURCHASING PRODUCTS). THE CONSIDERATION BEING PAID TO UNHAKO UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR US TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY UNHAKO, UNHAKO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS' AND OTHER FEES AND COSTS, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.
21. TERM, TERMINATION & SUSPENSION
You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Unhako shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time. Unhako may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services. Sections 8-11, 12 – 23, and 25, together with your obligations under Sections 5 and 7 and our rights under Section 6, will survive and termination or expiry of these Terms of Use. We reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Unhako, in its sole discretion, believes that:
(i) you have violated or otherwise breached these Terms of Use;
(ii) any information provided by you is untrue, inaccurate, not current or incomplete; or
(iii) you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Unhako. These suspensions will be for such periods of time as Unhako may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
22. SHIPPING
Our shipping terms for new orders may change at any time. We currently do not ship outside of the [ ]. We only accept Canadian dollars.
23. GOVERNING LAW & VENUE
These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to the exclusive personal jurisdiction of the courts located in Edmonton, Alberta, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
24. DISPUTE RESOLUTION
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website, the Services, the Products or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website, Services or Products, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Edmonton, Alberta in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Alberta Court of Queen's Bench, the arbitrator will be a person who is legally trained and who has experience in information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to:
(i) waive any right you may have to commence or participate in any class action against Unhako relating to any Claim;
(ii) opt out of any class proceedings against Unhako; and
(iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Unhako reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
25. CONTACT US
If you need to contact us regarding this Website, the Services, the Products or these Terms of Use, please e-mail us at [email protected]
26. MISCELLANEOUS
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are not assignable, transferable or sub-licensable by you except with Unhako’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Last updated on March 6, 2019
REFUND POLICY
Purchases made online may be returned within 30 days of receipt, subject to the terms and conditions noted below. Please email [email protected] with your order number and the item(s) you want to return. Our team will send you a form to include in your return shipment. Return shipping costs are the responsibility of the customer.
For items that are sealed and unused, a full refund will be given.
For items that are used or opened, store credit will be given.
For any items that are (a) included as a gift with purchased item(s), or were otherwise originally provided free of charge (except any charges for shipping and/or handling) by Unhako to customer; and (b) unused and unopened, store credit for such items will be given.
For any items that are (a) included as a gift with purchased item(s), or were otherwise originally provided free of charge (except any charges for shipping and/or handling) by Unhako to customer; and (b) used or opened, no store credit or refund will be given.
Used and opened items are final sale.
Please note that Unhako is not currently able to process exchanges; however, we will provide store credit if the returned item qualifies for such credit.
Please allow up to 30 days for our warehouse to receive and process your refund and/or store credit, as applicable. You will receive an email notification informing you the refund and/or store credit has been processed.
All refunds will be back to the original method of payment, ONLY.
FINAL SALE ITEMS: The following items shall be considered "Final Sale" and the customer shall not be entitled to return such item(s) after purchase nor to receive a refund or store credit for such items:
- Marked down merchandise
- Items on sale
- Fragrance/Perfumes
- Face and body tools – Including cleansing sponges, makeup sponges, makeup brushes, mask brushes, face cloths, gua sha tools, dry brushes, face rollers
- Water bottles and towels
- Samples
- Food items
- Supplements
Please note that it is normal for the shipping box to show some wear and tear; however, if your order arrives damaged or broken please email [email protected] within 3 days of receiving your order and include:
(i) a photo of the shipping box,
(ii) description of the damaged or broken item(s) that you wish to return, and
(iii) a description of the damage sustained by such items.
If you have provided Unhako with the foregoing information and Unhako deems that the item(s) has been damaged so severely it can’t be used, a member of our team will send you a prepaid shipping label to return such item(s).
If you were accidentally sent the wrong item or if an item is missing from your order, please email [email protected] within 3 days of receiving your order and a member of our team will contact you to remedy such unintentional error (for example, sending you a prepaid shipping label so that you may return any wrongfully sent items and making sure that you receive all the items that you have ordered).
UNHAKO SHIPPING POLICY
Once your order is placed, you will receive a confirmation email that includes a tracking number which allows you to locate your order anytime during the shipping process. If you have not received the email (make sure to check “promotions” and “spam” folders) please email [email protected] and we will help troubleshoot.
Subject to the following, all in-stock orders will be processed within 24 hours of placement, if the order is placed Monday – Friday. However, if you place an order after 1:00 PM Mountain Time ("MT") on Friday or anytime on Saturday or Sunday, your order will be fulfilled on the following Monday. Please note that this may vary or be delayed during holidays and holiday weekends.
If we cannot fulfill your order completely, we will email you to let you know that certain item(s) are backordered. Your credit card will be refunded for the backordered item(s).
Unhako currently uses Canada Post to ship. We are currently only shipping within Canada and are hoping to expand into the states shortly.
All orders under $65 have a flat rate shipping fee of $10. Orders over $65 receive free shipping.
*Please note that to qualify for free shipping, we will calculate the subtotal of your order (before taxes and after any promotional discount)*
Once an order has been placed and confirmed, it cannot be cancelled. If a mistake has been made during the ordering process, please email [email protected] when the order is received and we will work out a return or other solution.
LOCAL PICKUP
Live in YEG and would like FREE pickup? Local pickup orders will be available for pickup at
5307 Fulton Road NW
Edmonton, AB
Any questions or concerns Contact hours Monday – Friday 9:00 AM – 5:00PM MT