Green Circle Salons provides recycling, repurposing, collection and disposal services as more fully described below (the “Services”). By ordering the Services, you affirm that: (a) you are of legal age to enter into these terms and conditions; (b) you accept and agree to be bound by these terms and conditions; and (c) if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. As used below: (i) “Terms” means the legally binding agreement created by your acceptance of these terms and conditions; (ii) “Materials” means human hair and used hair salon products identified by us from time to time as being eligible for the Services, including foil, colour tubes, excess hair colour, product containers, and certain paper and plastics; and (iii) “you” and “your” refer to the customer using our Services, and “us”, “we” or “our” refers to Green Circle Salons.
- Prices/ ESF. Pricing and pricing plans for the Services have been or will be communicated to you separately by us.
- If your pricing plan is based upon each separate client appointment, our fee will be an Environmental Stewardship Fee or “ESF” for each such appointment, which you permitted to itemize separately in your invoice to your clients. For this plan, you must report to us no later than the 5th day of each calendar month, the number of ESF transactions that occurred in the prior calendar month. The following transactions are exempt from the ESF: (1) purchases of hair products without services, (2) clients receiving complimentary services or for which a refund was issued; and (3), such other services which we may agree to in writing.
- Alternatively, your pricing plan may be a fixed monthly fee, based upon a mutually agreeable estimate of the average number of ESF transactions in a month.
- On a monthly basis, we will invoice you our fee for Services, based upon your applicable pricing plan, plus all applicable taxes on such fees. Invoices are due upon receipt and are subject to a 2% late payment charge for overdue payments. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any Services until all overdue amounts are paid in full.
- Terms of payment are within our sole discretion. We accept approved credit cards for all purchases. You agree, represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, (iv) you will pay charges incurred by you at the invoiced prices, including all applicable taxes (v) we may charge your credit card for invoiced amounts immediately upon issuing the invoice. We will send you a receipt for all payments to the email address you provide.
- Prices and pricing plans are subject to change upon 60 days written notice from us to you.
- Packing and Shipping of the Materials. You will collect, package, and send us the Materials by “hAIRmail” (collections services via 3rd party courier) in shipping boxes provided by us. For hAIRmail pick up, the Materials must be boxed by you and ready for pick up by the courier service during your usual hours of operation of your salon. All of your shipments sent to us must comply with the following restrictions: (1) You agree to only ship Materials to us; (2) You will not include in any shipment any unauthorized items or items that may cause damage or injury in transit. You must indemnify and hold harmless Green Circle Salons, and its affiliates, and their respective officers, directors and employees for any reasonable costs and expenses incurred by them, and all claims made against them arising out of a breach of or failure to perform your obligations under this Agreement, including but not limited to a failure to package and ship a shipment that does not meet the restrictions in sections (1) and (2) above. This indemnity shall survive any termination of these Terms or the Services. You agree that each placement by You of a package of Materials for collection by us or our courier or common carrier constitutes your acceptance of these Terms. We expressly disclaim and object to any additional or different terms offered by you in your packaging or any other document prepared by or submitted to us by You.
- Exclusive Service Providers for Disposal of Materials. You agree that we will be your exclusive service provider for disposing the Materials. You will not landfill, dispose of, or send the Materials to any other party, recycling company, waste management company or environmental company, unless you have a pre-existing contractual relationship with a 3rd party waste hauler (directly or inside a binding lease agreement) or pursuant to municipal or local government laws where you do business. If the aforementioned contractual relationships expire or come up for renewal, you agree to use us as your exclusive service provider for the disposal of the Materials, unless otherwise prohibited by law.
- Termination. You may cancel your Service at any time upon giving us no less than ten business days prior notice, by email to firstname.lastname@example.org. No refund will be given for Services rendered prior to the effective date of your cancellation notice. We may terminate these Terms and the Services at any time on at least ten business days notice to your email address. You will remain responsible to pay all charges for Services rendered through the date of any termination of Service.
- Compliance with Applicable Laws. You are solely responsible for ensuring that you are in compliance with all consumer protection legislation in effect in your jurisdiction and that any ESF that you charge to customers is included in your communications or advertisements stating your pricing, such as (but not limited to) flyers, service menus, your website, coupons, price quotations given verbally, signage, or any listing of any kind which lists pricing for your services, in accordance with applicable local laws.
The Services and materials relating thereto may contain trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by us or our affiliates, or licensed to us. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.
You will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person, attempt to determine source code or protocols therefrom, or otherwise use, either directly or indirectly, Our IP or any Services in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
You agree that all suggestions, comments, feedback and other information communicated to us by you (the “Feedback”) and all right, title and interest in and to the Feedback, as well as all developments based upon such Feedback, and all intellectual property in and to all of the foregoing, shall be and is owned by us. You further agree that all ideas, concepts, inventions, know-how, techniques, product reviews, remarks, suggestions, comments, material and other information you communicate to us, and all intellectual property rights therein (“Submissions”) shall be and is the property of us. You hereby irrevocably assign to us all of your present and future right, title and interest in and to the Feedback and Submissions anywhere in the world, including rights in all developments based upon such Feedback and Submissions, and all intellectual property in and to the foregoing, and you shall cooperate with us as reasonably necessary in order to give full effect to such assignment. You hereby waive any moral rights you may have in the Feedback and Submissions. We will not be required to treat any Feedback or Submissions as confidential and shall not be subject to any obligations of confidentiality regarding any such Feedback or Submissions unless: (i) specifically agreed by us in writing in advance of your communication of such Feedback or Submissions to us; or (ii) required by law.
We will not be liable for any similarities of your Submissions or Feedback to any of our future business operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions and Feedback of every kind and nature. You represent and warrant that upon submission you owned or had all rights, title and interest in and to your Submissions and Feedback and had the right to assign them to us, and to waive all moral rights therein, and that all of your Submissions and Feedback do and will comply with these Terms.
- Limited License. You grant us and our affiliates a limited non-exclusive license to use, reproduce, and display in online and physical advertising the images, photos, artwork, logos, designs, and other visual files you provide to us or our affiliates (collectively “Your Works”) that you have submitted to us. We agree not to use Your Works for any purpose other than promoting your salon in the Green Circle Salons directory, unless otherwise agreed upon and expressed in writing.
- Warranty. We warrant to you that we will perform the Services using personnel of required skill, experience and qualifications, and in accordance with generally recognized industry standards for similar services. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE PREVIOUS SIX MONTHS.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable.
- Entire Agreement and Severability. These Terms constitutes the entire agreement between you and us for the matters contained herein. If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to us at the address for notice we provide you from time to time. Notices sent in such manner will be effective upon receipt.
1Green Circle Salons is a registered business name of 2191445 Ontario Inc.
© Green Circle Salons, 2019