Terms of service

Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Diamancel Inc. ("Diamancel"), including www.diamancel.ca (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com and www.instagram.com ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but Diamancel does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Diamancel does not own or control, or to the actions of people that Diamancel does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Diamancel reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Diamancel decides to change these Terms of Use, Diamancel will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

The short and sweet version:

When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of Diamancel and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of Diamancel or its software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Diamancel or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication - without the prior written permission of Diamancel is strictly prohibited.

The short and sweet version:

We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order or shopping, you need permission from us to use our content elsewhere.

Trademarks

Diamancel.ca and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Diamancel and may not be used in connection with any product or service that is not offered by Diamancel in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The short and sweet version:

Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.

Product Information

The products displayed on the Diamancel websitecan be ordered and delivered worldwide. If any minor uses any goods or product from Diamancel it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Diamancel.

All material and information presented by Diamancel is intended to be used for personal educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by Health Canada or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Diamancel does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Diamancel does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.

Given the popularity of our products, and except where prohibited by law, Diamancel may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.

We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors—we don’t even play doctors on TV. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.

Colour Information

While Diamancel has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Community or otherwise, including the submission of product Ratings and Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.

Your Use of Content on the Sites and Limitation of Liability

Diamancel provides the Sites and the Community and all other applications and services on the Sites as a forum only. Diamancel is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Diamancel. Diamancel cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Diamancel be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Diamancel reserves all rights not expressly granted in and to the Content.

The short and sweet version:

Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.

Your Content Submissions

You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Diamancel to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

You understand that your Content may be utilized and distributed by Diamancel in its marketing materials, including but not limited to, Diamancel.ca, Diamancel emails, social channels;

You shall comply with any relevant legal guidelines regarding the use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on Diamancel sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously;

All "moral rights" and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favour of Diamancel and its successors and assigns and you do not require that any personal information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

All Content that you post is accurate;

You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

Is not false, inaccurate or misleading;

Does not harm minors;

Does not elicit or provide medical advice;

Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership, corporation or other person;

Is relevant to the product being rated and reviewed or about which a question or answer is submitted;

Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," commercial electronic messages or any other form of solicitation; and

Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

Does not impersonate any person or entity, including, without limitation, any Diamancel official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity.

You may not use the Sites or Community to collect or store personal information about other users.

Diamancel does not endorse any Content or any opinion, recommendation or advice expressed therein, and Diamancel disclaims all liability with respect to the Content posted by third parties.

For any Content that you submit, you grant Diamancel a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, communicate to the public by telecommunication, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers, with our third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.

The short and sweet version:

When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t beauty by these rules.

You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.

We know that some Community posts include ideas or business proposals for Diamancel —we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.

8a. Instagram Content

By agreeing to allow Diamancel to use the photograph, video, or related content that you originally posted on Instagram (your "IG Content"), the terms below apply:

You represent and warrant that:

No person other than you appears or is mentioned in the IG Content;
You took the photograph or video or have all the rights to the IG Content;
You actually used any products tagged, shown or mentioned in the IG content in conformity with the product instructions;
If your IG Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the IG Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
Any statements or testimonials that are included in your IG Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
You have not received any compensation, incentive, or other benefit from Diamancel or any third party in exchange for posting the IG Content, using any product, or mentioning or tagging any products or brand, in your IG Content; and
You have the right to grant Diamancel the right to use your IG Content as set forth in these terms and such use by Diamancel will not violate the rights of any third party.

Third Party Content and Third Party Sites

Diamancel may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Diamancel does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Diamancel and such third party. Diamancel does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Diamancel is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Diamancel through the Community, do not necessarily reflect the views of Diamancel.

The short and sweet version:

Sometimes we link away from Diamancel.com to sites we don’t own or control. While we’d never intentionally send you to a site with questionable material, we aren’t responsible if you don’t like what you see when you get there.

Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

The short and sweet version:

Diamancel doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like receiving text messages or downloading data. When in doubt, check your plan.

Modification of Content

All Content that you submit is not confidential and may be used at Diamancel's sole discretion. Diamancel may or may not pre-screen Content. However, Diamancel and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Diamancel and its designees will have the right to remove any Content that Diamancel deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Diamancel does not guarantee that you will have any recourse through Diamancel to edit or delete any Content you have submitted. Diamancel reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, Diamancel reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Diamancel, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Diamancel, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

The short and sweet version:

Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.

Reservation of Rights

Diamancel reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to the Sites. All provisions of these Terms of Use that expressly survive, or that by their nature are intended to survive, such termination (including disclaimers and limitations of liability, disclaimers of warranties and conditions and statement recognizing Diamancel’s intellectual property rights) survive the termination of these Terms of Use for any reason. Diamancel may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Diamancel (and its employees), its users and the public.

The short and sweet version:

Diamancel’s Sites are provided to you for free and we reserve the right to refuse service to anyone.

Disclaimer

Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. DIAMANCEL IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, DIAMANCEL DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, DIAMANCEL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

DIAMANCEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY.

Indemnification

You agree to defend, indemnify and hold harmless Diamancel (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Community.

Applicable Law

Except to the extent that the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to these terms of Use, the laws of the Province of Quebec, Canada, will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Diamancel reserves the right to make changes to the Sites and these Terms of Use at any time.

Our Address

2477 Rue Guénette

Ville St-Laurent

Québec, Canada

H4R 2E9

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Diamancel’s designated copyright agent with the information referred to above, along with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of your interest or right with respect to the copyright in the work or content; and

The date and time of the commission of the claimed infringement.

In accordance with the applicable Canadian copyright law, Diamancel will provide notice electronically to the subscriber who is responsible for posting the work or content that you are alleging infringes copyright. Diamancel has the sole and absolute discretion to remove all purportedly infringing content from Diamancel Mobile.

520 1re avenue

Levis

Québec, Canada

G5W 5M6

Toll free: 888-240-2250

The short and sweet version:

If you see anything on our Site that you believe infringes on your own trademark or copyright, email us via our contact form.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Diamancel’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

The short and sweet version:

If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.

General

These Terms of Use, our Privacy Policy and our Guidelines and Rules constitute the entire agreement between you and Diamancel with respect to its subject matter. Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and Diamancel that arises in whole or in part from the Sites or the Community shall be decided exclusively by a court of competent jurisdiction located in the City of Montreal, Ontario. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Diamancel 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND DIAMANCEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.