Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.pmuprofessional.com (“Website”) and the purchase of any product/s.
Your Acceptance
You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with PMU Professional Inc. and participating in any PMU Professional Inc. forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).
The following terms (“Terms”) apply to any and all users of the PMU Professional Inc. website (the “Website”). All Transactions made in connection with the Website, and your use of any content or information on the Website or Product purchased through the Website is subject to these Terms and these apply regardless of how you access the Website. You should make sure you read and agree to these Terms before you use the Website as your offer to purchase any Product will indicate to us your acceptance of these Terms . Where any other terms and conditions apply to a Product or service related to the Website, these Terms will override any subsequent terms and conditions, unless stated otherwise.
Your use of the Website indicates your understanding that the Website and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Us, our Affiliates and our (or their) licensors, and you agree to abide by these usage rules. Unless otherwise expressly stated, all capitalized terms in these Terms have the definitions given to them in clause 2 below.
For clarity, the Terms that are in place at the time you place an order will apply to that order.
Terms Of Use
“Affiliate” means any third party we may enter into agreements with for the supply of goods or services for the purpose of running our business. This includes all licensors, postal and courier companies and any other third party these companies may enter into contracts or agreements with in order to fulfil their obligations under any contract or agreement made with Us.
“Offer to Purchase” means your intention to receive Product(s) from Us via the initiation of a Transaction (this is subject to review or refusal by Us and does not confirm our offer to sell to you).
“Product” means anything available for purchase or access through the Website including goods, music, images, videos, artwork, tickets, text and other copyrightable materials.
“Website” means our website, https://pmuprofessional.com.
“Terms” refer to these terms and conditions that govern the PMU Professional Inc. website and its use.
“Transaction” means the purchase of any Product via the Website whereby funds are successfully debited from your account and are received or accepted by Us (subject to any request we make for further information to authorize the payment).
“Us” means the PMU PROFESSIONAL trading as PMU PROFESSIONAL INC., including all relevant Affiliates, subsidiaries, directors and employees (also referred to as “we” or “our” where appropriate).
Limitation Of Liability
We are not liable for any loss or damage occurred by use of the Website or any other site linked to the Website, or for loss or damage incurred through the purchase of any Product made available via the Website or from any recommendation or information provided by us to you through the Website. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:
The re-supply of goods purchased by you via the Website in respect of which the claim arises; or
Payment of the amount paid by you for the goods in respect of which the claim arises.
We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the Website, the contents of the Website (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the Website will be free from any errors or viruses that may harm your software or affect the use of your computer.
By accepting these Terms, you indemnify Us against all legal action, loss, damage or costs incurred by you arising from your breach (or the breach of any other person accessing the Website and its contents through you) of these Terms, your use of the Website or your reliance on the contents of the Website (this includes all information, prices and Products).
Your Account And Password
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
Access And Communication
We use reasonable efforts to ensure the integrity of the Website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
Offer To Purchase And Transactions
This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell PMU Professional Inc. product through a retail store, online business or other commercial entity, please contact the PMU Professional Inc. wholesale division at info@pmuprofessional.com
PMU Professional Inc. reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.
By initiating a Transaction with Us, you represent and warrant that you:
- Are of legal age to form a binding contract with us (18 years or older);
- Have the legal right to make the Transaction and use the payment means selected by you; and
- Intend to create an Offer to Purchase.
In doing so, you grant us the right to use the information submitted to us through your Offer to Purchase in accordance with our Privacy Policy, including without limitation, by providing this information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. We reserve the right to request verification of your personal or financial information prior to the acceptance of any Offer to Purchase.
Any Offer to Purchase received by PMU Professional Inc. through this Website are subject to acceptance or rejection by PMU Professional Inc. in its discretion. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of US, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside US, you will be responsible for checking whether such restrictions apply before placing an order.
PMU Professional Inc. terms and conditions relating to shipping is set on PMU Professional Inc.’s website at https://pmuprofessional.com/shipping-policy/.
Non-Acceptance Of Offer To Purchase
The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any Offer to Purchase made by you at any time for any reason. Non-acceptance of an Offer to Purchase may for example result from one of the following:
- The product ordered is unavailable;
- The payment is not authorised (see clause “Authorisation Of Payment And Fraud Prevention”); and/or
- The identification of a typographical error whereby the product or pricing information is incorrect in some way (see clause “Pricing And Errors On The Website”).
Limits To A Transaction
Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:
- Change a description, image or reference of a Product (descriptions and references to a Product do not imply our endorsement of a Product nor do they indicate our representations about the accuracy of the description or reference);
- Limit the available quantity of any Product;
- Honour or impose conditions on the honouring of discount code or promotion;
- Bar any user from making any or all Transaction(s);
- Refuse to provide any user with any Product; and/or
- Refuse or cancel any Offer to Purchase for any reason prior to our acceptance of this offer pursuant to clauses 4 and 5.
Pricing And Errors On The Website
We reserve the right to update or correct information on the Website at any time without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded.
Payment
Payment can be made by:
- Visa, MasterCard, AmEx, Diners International, JCB or Discover. Credit Card transactions are processed through the PayPal Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database. Please note that delays may occur on large orders while the card is checked for authenticity.
Charges
You are required to pay all charges incurred by you or on your behalf through the Website, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the Website are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms.
Intellectual Property
Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by Us, and is protected by copyright, patent, trademark, design and/or other laws.
All rights are reserved.
Except to the extent permitted under US statutes, no material or content from this Website or part thereof may be copied, reproduced, mirrored, linked, publicly displayed, encoded, translated, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.
You may use this Website and its contents for personal lawful purposes only and you agree that you do so entirely at your own risk. You must not use this Website or its contents for:
- commercial purposes without our prior written permission; or
- in or as a whole or part of your own trademarks;
- in connection with activities, goods or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, goods or services (including this Website).
Permission requests can be provided using the ‘Contact‘ section of this Website.
User Content Submissions
PMU Professional Inc. is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
PMU Professional Inc. does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Metalicus’ sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
PMU Professional’s Licence To Use Submitted Material
By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) PMU Professional Inc. a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by PMU Professional Inc. for purposes including (without limitation) marketing, research and development of goods and services.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of PMU Professional Inc., its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
PMU Professional Inc. reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of a copyright, trademark or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Metalicus.
Prohibited Uses
In using the Website and Services you must not:
- engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
- post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
- post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;
- not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or
- use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;
- access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or
- attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
Termination
PMU Professional Inc. may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
Consent To Receiving Commercial Electronic Messages
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
Applicable Laws
This policy is governed by the laws in force in Illinois, US and you submit to the non-exclusive jurisdiction of the courts of Illinois, US and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.
Survival Of Terms
Except for the licenses granted to you (if any) pursuant to these Terms, these Terms shall survive any termination or expiration of the Terms of Use applicable to the Website.
This policy is effective as of June 1st, 2019.