Terms and conditions

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Terms and conditions

These Terms of Use are effective as of Dec 1, 2020.

Welcome to Noa Kirel Beauty!

These are the terms of use ("Terms of Use") for your use of services or features (the “Services”) on the sites owned and controlled by Beauty & Style, Inc. ("Noa Kirel Beauty"), including www.noakirelbeauty.com, www.noakirelbeauty.co.il (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 and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

Please also review our Privacy Policy and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use, and the other guidelines, policies and terms posted on the Sites.

Noa Kirel Beauty reserves the right to change or modify any of the terms contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If Noa Kirel Beauty decides to change these Terms of Use, Noa Kirel Beauty will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of or access to our Sites or the Services following the posting of any changes to them constitutes acceptance of those changes. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the Terms of Use that apply to your use of the Sites.

1. Binding Contract

These Terms of Use form a legally binding contract between you and us. Please read these Terms of Use carefully before accessing or using the Sites. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use, and the other guidelines, policies and terms posted on the Sites.

Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant Services, and those additional terms will become part of these Terms of Use when you use those Services. Any new features or products which are added to the current store shall also be subject to the Terms of Use.

We also like to interact with you on third party sites where we post content or invite your feedback, ("Third-Party Sites"). Noa Kirel Beauty does not control those Third-Party Sites, and these Terms of Use do not apply to companies that Noa Kirel Beauty does not own or control, or to the actions of people that Noa Kirel Beauty does not employ or manage. You should always check the terms of use posted on Third Party Sites.

2. Intellectual Property

Noa Kirel Beauty, the Noa Kirel Beauty, and other Noa Kirel Beauty trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Noa Kirel Beauty or other affiliated companies of Noa Kirel Beauty (collectively the “Noa Kirel Beauty Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Noa Kirel Beauty Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Noa Kirel Beauty or the applicable trademark holder. The Services and Content (as defined herein) are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Noa Kirel Beauty or the owner of the Content.

Use of any materials on the Sites in connection with any product or service that is not offered by Noa Kirel Beauty in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noa Kirel Beauty, is also prohibited.

You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.

3. Accuracy of Information

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Noa Kirel Beauty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Sites. The content on the Sites is provided for informational purposes only. Noa Kirel Beauty shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. See the “Disclaimer” Section below for more details.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

4. Proper Use of the Sites

You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

We may terminate the Services or any portion thereof, any website or webpage within the Sites or any products or services offered through the Sites, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to the Content and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

5. Use of Products and Services

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. 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.Noa Kirel Beauty 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. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

6. VIP Rewards

Noa Kirel Beauty reserves the right to change the terms of its VIP Rewards program at any time without notice. Points that remain on a member's account two (2) years from the date earned will be forfeited. All points and subsequent rewards must be earned and used according to the terms of the VIP Rewards programs as of the date the points are earned. Points are not transferable and may not be combined among VIP Rewards members or conveyed by any means to anyone, including through a member's estate and may not pass to members' successors and assigns. Gift cards redeemed with rewards program points can only be used by the account that earned the points.

Noa Kirel Beauty is not responsible for communications, including rewards, lost due to communication issues including change of address or other contact information. If the VIP Rewards program is terminated or the member's account is closed, any remaining earned points will be forfeited. In the event that a member returns merchandise that was partially or wholly paid for with a reward(s), the reward(s) used in connection with such a purchase shall not be reissued and no points representing such reward(s) shall be reissued to such member's account.

7. International Visitors and Shipping

We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Noa Kirel Beauty are responsible for compliance with applicable local laws.

International orders may be subject to import taxes, customs duties and fees levied by your country’s customs process upon arrival. When ordering from noakirelbeauty.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Noa Kirel Beauty does not collect duties and taxes and we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.

8. Fraud Protection

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Noa Kirel Beauty reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Noa Kirel Beauty may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Noa Kirel Beauty takes these measures to protect its customers as well as itself from fraud or other unauthorized or illegal activity.

9. No Reseller Activity

The products and services available on the Sites are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Noa Kirel Beauty. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms of Use. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

10. Comments, Feedback and Other Submissions

Noa Kirel Beauty welcomes your comments and feedback regarding the Sites, and Noa Kirel products and services. Any information, materials, suggestions, ideas or comments sent to us will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Noa Kirel Beauty an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Noa Kirel Beauty will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

11. Disclaimer of Warranties

Noa Kirel Beauty IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, Noa Kirel Beauty DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Noa Kirel Beauty DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Noa Kirel Beauty WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools is” as is” and “as available” without any warranties, representations or Use of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

12. Limitation of Liability

EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.

Noa Kirel Beauty, ITS AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

13. Indemnification

You agree to indemnify, defend and hold Noa Kirel Beauty (and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any allegation thereof. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.

14. Copyright Infringement Notices

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Noa Kirel Beauty designated copyright agent, listed below, the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): (the "DMCA"):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Noa Kirel Beauty designated agent for claims of copyright infringement can be reached at:

Copyright Agent
c/o Legal Department
Beauty & Style, Inc.
19736 Dearborn Street
Chatsworth, CA 91311
E mail: copyright@noakirelbeauty.com

15. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings & reviews 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, the "Content").

For any Content that you submit, you grant Noa Kirel Beauty a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable 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, use, 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 license will survive the termination of these Terms of Use and your use of the Sites.

Subject to your compliance with this Agreement, Noa Kirel Beauty hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Service and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use.

You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term, your authorization to use the Services and Content automatically terminates without notice to you.

16. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Chat Sessions.

Noa Kirel Beauty offers to its customers the ability to enter into an instant messaging session (“Chat Sessions”) with a Noa Kirel Beauty Customer Care Agent (“Customer Care Agent”). In order to maintain a high standard of service and provide a safe environment for its Customer Care Agents, Noa Kirel Beauty reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Use.

Due to account security restrictions Customer Care Agents are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email customer service at wecare@noakirelbeauty.com to complete such transactions. Customer Care Agents may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. Customer Care Agents will not request your password to confirm your account. If a Care Agent asks for your password information, please immediately discontinue the Chat Session and email Noa Kirel Beauty at: info@noakirelbeauty.com.

18. No Waiver

The failure of Noa Kirel Beauty to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term. Further, it shall not impact Noa Kirel Beauty’s ability to enforce any other provision in these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

19. Agreement to Arbitrate Disputes; Class Waiver; Waiver of Trial by Jury

Please read this Section carefully. It is part of your contract with Noa Kirel Beauty and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at wecare@noakirelbeauty.com or Noa Kirel Beauty, Attn: Customer Service, 19736 Dearborn Street, Chatsworth, California 91311. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction; the terms of this Section govern dispute resolution between us.

All claims and disputes in connection with these Terms of Use or the use of any product or the Services provided by Noa Kirel Beauty that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section. This Arbitration Agreement applies to you and Noa Kirel Beauty, and to any of Noa Kirel Beauty's licensors, suppliers, dealers or third-party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Use.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Noa Kirel Beauty, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim and shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Noa Kirel Beauty.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Noa Kirel Beauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Noa Kirel Beauty WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable that neither you nor Noa Kirel Beauty are entitled to arbitration, claims and disputes shall be resolved in a court located in Los Angeles County, California.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Noa Kirel Beauty, Attn: Legal Department, 19736 Dearborn Street, Chatsworth, California 91311.The Opt-Out Notice must be emailed no later than thirty (30) days after the date you first accept these Terms of Use by using the Sites. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to the terms contained in Section 21 below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

This Agreement to Arbitrate will survive the termination of your relationship with Noa Kirel Beauty.

20. Entire Agreement

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Services and the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

21. Governing Law and Venue

These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

22. Privacy and Data Protection

Noa Kirel Beauty is committed to protecting the privacy of your personal information. By using the Sites, you acknowledge and agree that Noa Kirel Beauty’s collection, usage and disclosure of this personal information is governed by our Privacy Policy

Questions about the Terms of Use should be sent to us at: info@noakirelbeauty.com

Last updated December 1, 2020

Noa Kirel Beauty is committed to protecting the privacy of our customers personal information. Noa Kirel Beauty is operated by Beauty & Style Inc. (“Beauty & Style”) and this is the privacy policy (“Privacy Policy”) for your use of services or features on the Website (the “Sites”) owned by Beauty & Style, and any information we collect.

This policy applies to information we collect:

On the Noa Kirel Beauty website, located at noakirelbeauty.com & noakirelbeauty.co.il (“Sites”).
In email, text and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

When we use the term “Personal Information” we are referring to information that is connected to your name. This may include things like your e-mail address, mailing address, birthday, telephone number, when those pieces of data are stored with your name. Any information that is not connected to your name is not considered Personal Information.

This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter or YouTube, that information is governed by the privacy policies on those websites and is not governed by this policy.

By accessing and using the Site, you consent to the collection, maintenance and use of this information by us. If you do not agree to the terms of this policy and do not consent to the collection, use and maintenance of information as described in this policy, you should leave the Site immediately.

NOTE FOR INTERNATIONAL USERS

The Site is controlled, operated, and administered by Noa Kirel Beauty from its offices within the United States of America. If you access the Site from a location outside the United States, you are responsible for compliance with all local and international laws, as well as with the laws of the United States.

INFORMATION WE COLLECT

Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information"). We collect your Personal Information because it helps us deliver a high level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. The Personal Information we collect may include the following: email address, mailing/billing address, phone number, payment card number, and other payment information. Collecting this information allows us to complete your order efficiently, to notify you of your order status, and provide personalized interactions. If we ask for such information from you, we will either tell you how we will use the information or we will use it in conformity with this privacy policy.

We also collect information for market research purposes to gain a better understanding of our customers and can provide more valuable service. We collect information regarding customer activities on our websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to you.

We may collect information about you from third parties. Such information may include demographic data (like the number of members of your household, age, and gender) and purchase preference information. We may use this information to supplement or update our records, improve the quality or personalization of our communications to you, and help prevent or detect fraud.

We automatically receive and store certain types of information when you interact with the Site, our emails, and/or our online advertisements. This information helps us to make the Site work more efficiently, evaluate use of the Site, and support our website analytics and marketing campaigns.

COOKIES

We also may collect certain information about your device or usage by automated means, including using technologies such as cookies, web beacons, clear pixels or pixel tags, web server logs or geo location technologies. Cookies are small ﬁles that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note that without cookies you may not be able to use all of the features of our website.

Cookies allow the Site to provide you a more continuous and personalized shopping experience. For instance, we use cookies to help us remember and process the items in your shopping cart. We collect engagement data from different devices and multiple sessions, so we can discover how you interact with our content over an extended period of time and deliver better content and digital experiences.

Web beacons allow us to know what pages on our Site have been visited, what emails have been opened, and if our banner ads have been effective.

We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly.

HOW WE USE THE INFORMATION

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other Site features in the following ways:

We may use, or disclose the Personal Information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information and ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
For product development, including to develop and improve our website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your Personal Information.
To evaluate or conduct a merger, divestiture, financing, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Noa Kirel Beauty’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Noa Kirel Beauty about our website users is among the assets transferred.

Noa Kirel Beauty will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We may also use your Personal Information for other legitimate business purposes, including:

to detect and prevent fraud;
to collect amounts owing to us and to maintain business records;
to operate, evaluate and improve our business;
- developing new products and services;
- managing our communications;
- analyzing our products;
- performing data analytics;
- performing accounting, auditing and other internal functions; and
- comply with applicable legal requirements, relevant industry standards and our own policies.

HOW WE PROTECT YOUR INFORMATION

We implement a variety of security measures to maintain the safety of your Personal Information. We maintain appropriate administrative, technical and physical safeguards designed to protect the Personal Information you provide against accidental, unlawful or unauthorized destruction, loss alteration, access disclosure or use.

When you place orders or access your Personal Information, we use a secure server.

Noa Kirel Beauty works to protect your Personal Information and credit card detail when you shop with us online. We use Secure Sockets Layer (SSL) technology - the industry standard - to encrypt the Personal Information and credit card detail you provide during the order process. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

We urge you to protect your own privacy. We recommend that you do not share your Site password(s) with anyone or in any unsolicited phone call or e-mail. While our Site strives to ensure the integrity and security of our network and systems, Noa Kirel Beauty cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information.

INFORMATION WE SHARE

We do not sell, trade, or otherwise transfer to third parties your personally identiﬁable information unless we provide you with advance notice, except as described below.

The term "third parties" does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information conﬁdential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. We may share de-identified aggregate information about our customers with advertisers and marketing partners.

We also reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets and that company may use and disclose Personal Information for purposes similar to what is described in this privacy policy.

Service Providers

We use third party partners to provide our e-commerce solution and to help operate the Sites and deliver our products and services. We may share your information with third party e-commerce solution partners, our affiliates, service providers and other third parties that provide products or services for or through the Sites or for our business (such as loyalty program or membership program service providers, site hosting or database hosting companies, address list hosting companies, email service providers, analytics companies, payment processing, distribution companies, fulfillment companies, wireless device applications, or other similar service providers that use such information on our behalf).

TEXT/SMS MESSAGE CONSENT

If you choose, you can provide your mobile phone number to receive text message alerts containing product and/or event information, products tips or promotions that may be sent using automated dialing systems (“Text Messages”). You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by Noa Kirel Beauty to contact you.

We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. As Text Messages are distributed via third party mobile network providers, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

YOUR CHOICES

You have the ability to opt-in to receive our email newsletters after making a purchase on the Site. If you would no longer like to receive promotional e-mails from us, simply click the unsubscribe button at the bottom of all promotional emails. You can opt out from further Text Message communications by texting STOP to the SMS number used by Noa Kirel Beauty to contact you.

You may also choose not to receive Text Messages by emailing privacy@noakirelbeauty.com and specifying that you no longer want to receive Text Messages and providing the SMS number used by Noa Kirel Beauty to contact you.

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "Customize Your Emails" page on the Site. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of the Site and remove your shipping addresses, billing addresses & payment information.

Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

THIRD PARTY LINKS

In an attempt to provide you with increased value, we may include third party links on our Site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback about these linked sites (including if a speciﬁc link does not work).

WITHDRAWING CONSENT

You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds to the processing of your Personal Information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to use or disclose your Personal Information will mean that you cannot take advantage of some of our products or services.

CHANGES TO OUR POLICY

This privacy policy may be updated periodically and without prior notice, to reflect changes in our practices. When we do, we will give you notice of the revised privacy policy by posting the revised privacy policy on the Site and by revising the “effective date” at the top of the policy. Policy changes will apply only to information collected after the date of the change.

CHILDREN UNDER THIRTEEN YEARS OF AGE

If you are under thirteen years of age, you may browse the Site. However, you may not provide Personal Information to us. The Site is not directed to children under the age of thirteen and we do not knowingly collect Personal Information form children under the age of thirteen on the site. If we become aware that we have inadvertently received Personal Information form a visitor under the age of thirteen on the Site, we will delete the information from our records.

CALIFORNIA DO NOT TRACK NOTICE

Under California law, website and online operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about a consumer’s online activities over time and across third party websites. We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms.

California law also requires website and online service operations to disclose whether third parties may collect Personal Information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include Personal Information. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and do not obligate these parties to do so.

CALIFORNIA PRIVACY RIGHTS

California law permits residents of California to request certain details about the Personal Information we have collected about you during the past twelve (12) months as set forth in our California Privacy Notice.

the categories and specific pieces of Personal Information we have collected about you;
the categories of sources from which we collected Personal Information about you;
the categories of Personal Information we disclosed about you for a business purpose;
the categories of Personal Information we sold about you (if any) and the categories of third parties to whom it was sold;
the business or commercial purpose for collecting or selling your Personal Information.

For additional details, please visit the California Privacy Notice

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to: privacy@noakirelbeauty.com

TERMS OF USE

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of the Site.

California Privacy Notice

This Data Privacy Notice describes how Beauty & Style Inc (“Noa Kirel Beauty”) complies with the California Consumer Privacy Act of 2018 (“CCPA”) with respect to personal information collected about California residents (“California consumers”).

CCPA Rights

The CCPA is a California law that gives California consumers additional rights relating to the personal information collected about them. The main rights under that law are:

The right to request that a business not ‘sell’ your personal information;
The right to know what personal information is collected about you (or request a copy);
The right to request deletion of your personal information (with reasonable exceptions).

These rights can be exercised by the California consumer or their designee (“authorized agent”). In addition to those main rights, the CCPA also includes certain additional rights, such as:

The right to no discrimination, including in relation to exercising your other CCPA rights;
Certain rights to file claims against companies that violate the CCPA.

Data Covered Under the CCPA

The CCPA applies to personal information of California consumers, such as those who buy Noa Kirel Beauty products online, those who sign up for our texts or e mails, and those who browse our websites. “Personal information” is defined broadly in the CCPA, and essentially encompasses any information that can be used directly or indirectly to identify a California resident. Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.

Collection, Use and Sharing of Your Data

The personal information that Noa Kirel Beauty collects about California consumers depends upon the type of interaction with you, and is also limited to that which is relevant and appropriate for the interaction and purpose of the collection. Please see our Privacy Policy for more details.

Right to “Opt-Out” (Do Not Sell)

Noa Kirel Beauty does not and will not ‘sell’ personal information of California residents (as that term is defined in the CCPA). To the extent that your personal information is accessible to our affiliated companies or to third party partners (called “Service Providers”) who assist us with our services to you, they are also prohibited from “selling” your personal information as defined in that law.

Right to Know/Access

In accordance with the CCPA requirements, California residents may contact Noa Kirel Beauty to exercise their right to know about the personal information that we hold about them as well as how the data was used, the categories of third parties with whom the data was shared, and the purpose(s) for the sharing of the information. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.

California residents or their authorized agents who seek to exercise this right are subject to comprehensive verification to minimize any risk to individuals of sharing their personal information with an unauthorized individual. Noa Kirel Beauty will deny the request if it is unable to verify the requestor and/or his/her authorized agent, and if so, we will inform the individual/authorized agent within 45 days of receipt of their request. Noa Kirel Beauty can also deny the request if our company does not hold any personal information about the individual which falls within the scope of the CCPA.

Properly verified California residents and/or their authorized agents are entitled to receive information about (or a copy of) Personal Information collected by Noa Kirel Beauty within the last 12 months before their request was made. Noa Kirel Beauty will endeavor to fulfill those requests within 45 days, but may require an additional period of time (up to a total of 90 days) if necessary. If so, we will inform the requestor about the delay and the reasons therefore within the 45-day period.

California residents are limited to two such requests to know/access their data in any 12-month period.

Right to Request Deletion

California residents have the right to request deletion of their personal information, and can make the request directly to us or via an authorized agent. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.

Noa Kirel Beauty is not obligated to delete the personal information of the California resident if we are required or permitted to retain it in accordance with one of the exemptions in the CCPA.

Individuals who exercise their right to request deletion will be subject to verification in accordance with the CCPA requirements.

Noa Kirel Beauty will endeavor to fulfill the request within 45 days. If it becomes evident that Noa Kirel Beauty is unable to delete all of the California resident’s data within the 45-day period, the company will inform the individual and/or the authorized agent within that period, and may take an additional 45-days to fulfill the request (i.e., a total of 90 days).

When Noa Kirel Beauty processes a request for deletion from a California resident (which has been properly verified), it will delete the data from its systems in a secure and irreversible manner, to prevent the data from being restored.

To the extent that Noa Kirel Beauty has entrusted any of the Personal Information of the California resident to a “Service Provider” (as that term is defined in the CCPA), it will also contact that Service Provider to process the deletion request and will confirm to the California resident (or his/her authorized agent, if applicable) that it has done so.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to No Discrimination

In accordance with the CCPA, Noa Kirel Beauty does not discriminate against individuals, including those who choose to exercise their CCPA rights. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or
Provide you a different level or quality of goods or services.

Contact Methods

Noa Kirel Beauty has put in place the following methods for California residents to exercise their rights under the CCPA.

Website address: www.noakirelbeauty.com
Email address: privacy@noakirelbeauty.com
If you have any general questions on about how we process and use your personal data, or concerns please contact us at privacy@noakirelbeauty.com
If you would like to exercise any of your rights above, please contact us at privacy@noakirelbeauty.com
Mailing address: CCPA Rights, Beauty & Style, Inc. 19736 Dearborn Street, Chatsworth, CA 91311

Use of Authorized Agents

In accordance with the CCPA, Noa Kirel Beauty allows California residents to exercise their CCPA rights via an authorized agent. California consumers must recognize that in those situations, Noa Kirel Beauty requires authentication/verification of the authorized agent as well as the individual about whom the data relates, and we may deny the request if we are unable to obtain appropriate authentication/verification at either level. The authentication/verification requirements adopted by Noa Kirel Beauty vary by right, and take into consideration the potential risks to the individual of sharing their personal data with an unauthorized individual. Please see the specific rights (below), and general information about authentication/verification obligations associated with each of them.

Additional Information

For additional information about Noa Kirel Beauty’s CCPA practices, please visit our website at www.noakirelbeauty.com or contact us via one of the options provided in the Contact Methods section.

The “California Transparency in Supply Chains Act” became law on January 1, 2012, requiring retail sellers and manufacturers doing business in California to disclose their efforts to eradicate slavery and human trafficking in their direct supply chains. Beauty & Style Inc / Noa Kirel Beauty. and their affiliates and subsidiaries support this effort and proudly comply with the Act, specifically as follows:

We expect our direct product suppliers to adhere to and to implement Noa Kirel Beauty’s Code of Conduct which addresses working conditions for suppliers and specifically prohibits the use of involuntary or forced labor, human trafficking, child labor and harassment and abuse.

We prohibit all manufacturers from utilizing any forced or child labor of any kind.

We reserve the right to send independent auditors to inspect factories with which we contract, to ensure compliance with our Code of Conduct specifically prohibiting forced labor and compliance with applicable laws and regulations at their facilities.

Our direct suppliers certify by contract that they comply with all applicable laws of the country or countries in which they are doing business.

We maintain internal accountability standards for employees or contractors failing to meet company standards regarding slavery and trafficking.

We make sure that our employees who work with supply chain management are educated and aware of slavery and human trafficking risks.