Terms and Conditions

Terms of Use

Last Updated: August [3__], 2017

These Terms of Use (“Terms”) govern your access to and use of this web site (“Site”), made available to you by UKW Franchising Company, LLC (“UKW,” “we,” “us,” or “our”).

By accessing or using the Site, you (“you”) agree that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and UKW will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

1. Privacy Policy. We may collect certain information from your use of the Site as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.

2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of UKW or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to UKW or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Copyright © 2017 UKW Franchising Company, LLC. All rights reserved.

3. Use of the Site; Compliance with Laws. You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of UKW. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of UKW.

You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

4. Payment Information. Purchases of products or services made through the Site must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Refunds, if available, are solely the responsibility of UKW and are at UKW’s sole discretion.

5. Your Account. You will be required to set up an online account in order to purchase products or services from or to schedule appointments at UKW locations using the Site. You will be required to submit certain information in order to set up your online account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and any password. In connection with your access to and use of your online account and that of any person authorized by you to access and use your account, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your account is true, accurate, and complete to the best of your knowledge and belief. UKW reserves the right, in its sole discretion, to terminate your access to or use of the Site for any reason without notice or liability, including the unauthorized use of a username or password.

UKW has engaged software supplier Booker Software Inc. (“Booker”) to provide portions of the Site, including the online booking and storefront functionality. That engagement is governed by the applicable agreement(s) between UKW and Booker. Booker is an independent contractor of UKW and is not affiliated with UKW. The products and services made available by UKW on the Site are not sponsored, endorsed, or administered by, or associated with, Booker.

6. Rewards Program. If you set up an online UKW account and you have enrolled in the UKW Studio Rewards Program, the Site will allow you to link your UKW Studio Rewards Program membership to your online account. You may view your membership activity online by logging into your online UKW account. All participation in the UKW Studio Rewards Program is governed by the Uni K Wax Studio Rewards Program Terms and Conditions, in addition to these Terms and our Privacy Policy. In order to enroll in the UKW Studio Rewards Program you must meet certain requirements as described in the Uni K Wax Studio Rewards Program Terms and Conditions. You must visit a participating UKW location to enroll in the UKW Studio Rewards Program.

7. Text Messages. If you opt-in to receiving text messages on the Site when prompted, UKW will sent you text messages confirming and reminding you of your appointments. To stop receiving messages at any time, text “[__]” to [#]. To receive help information, text “[__]” to [#] or to any UKW text message you receive. Consenting to receiving text messages is not required to buy goods or services, to make an appointment, or to otherwise do business with us.

8. Termination. UKW may terminate these Terms without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. We may suspend your online account if you engage in any unauthorized conduct. Upon any termination of these Terms or suspension of your online account, you must promptly cease accessing and using your online account and the Site.

9. Product and Service Availability. The prices and availability of products and services made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products and services may be limited. Some products and services may not be available in certain areas. All orders placed through the Site are subject to our Studio Policies & Terms of Sale.

10. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. UKW MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. UKW DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. UKW DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. UKW IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UKW, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. UKW HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM UKW OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

11. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL UKW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF UKW OR A UKW SUPPLIER HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UKW’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification. You will indemnify, defend, and hold harmless UKW, its affiliates and franchisees, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site or UKW, your order of products and scheduling of appointments through the Site, you violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

13. Third-Party Web Sites. The Site may link to, or be linked to, web sites not maintained or controlled by UKW. Those links are provided as a convenience and UKW is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

14. Linking to the Site. If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “http://www.unikwax.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with UKW’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by UKW; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” UKW reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

15. Force Majeure. UKW will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond UKW’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.

16. Feedback. UKW welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

17. Governing Law. These Terms are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Miami-Dade County, Florida, with respect to any dispute arising under these Terms unless otherwise determined by UKW in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.

18. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with UKW and limit the manner in which you can seek relief from us.

a. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of UKW’s intellectual property or other proprietary rights, UKW may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; UKW; UKW’s affiliates; UKW’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.

b. Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.

c. Place. The place of arbitration will be Miami-Dade County, Florida, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

d. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.

19. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

20. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and UKW, except that our suppliers, affiliates, and franchisees are third-party beneficiaries of these Terms.

21. Interpretation. These Terms, including our Privacy Policy, and, as applicable, the Uni K Wax Studio Rewards Program Terms and Conditions and our Studio Policies & Terms of Sale, are the entire agreement between you and UKW with respect to your access to and use of the Site. UKW’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UKW. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of UKW’s successors and assigns.

22. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to the Site.

23. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and UKW may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

24. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at contactus@unikwax.com, by telephone at 866-unikwax, or by mail at UKW Franchising Company, LLC, 2999 191st Street, Office #905, Aventura, Florida 33180. With regards to marketing and public relations inquiries, please contact us by email at marketing@unikwax.com.

 

 

 

 

Uni K Wax Studio Rewards Program

Terms and Conditions Last Updated: August [_3_], 2017

These Uni K Wax Studio Rewards Program Terms and Conditions (” Terms”) govern your enrollment and participation in the Uni K Wax Studio Rewards Program, including the Uni K Teen Club Program, and your access to and use of any related web sites or online services (“Site”) that UKW Franchising Company, LLC (“UKW,” “we,” “us,” or ” our”) makes available to you (those programs and the Site, together, “UKW Rewards” or “Program”).

By enrolling or participating in the Program,

you (“you”) agree that you have read and understand these Terms and ourPrivacy Policy. If you do not agree with these Terms or our Privacy Policy, do not enroll or participate in the Program. We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by participating in the Program or using your UKW Rewards membership after changes are posted, you agree to those changes. If you do not agree to any changes, you must cancel your UKW Rewards membership by notifying UKW. Material changes will be conspicuously posted on the Site or otherwise communicated to you. ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and UKW will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

1. Privacy Policy. We may collect certain information from your enrollment and participation in the Program as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your enrollment and participation in the Program constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.

Program Modifications. UKW may, in its discretion and at any time, change any aspect of UKW Rewards membership. UKW may, among other things: change earning ability; withdraw, limit, modify or cancel any award; cancel or change partner awards; increase the UKW Rewards requirements to redeem any award; and modify or regulate the transferability of UKW Rewards benefits.

Enrollment. No service or purchase is necessary to become a Program member. To enroll in the Program and receive your UKW Rewards card you must visit a participating Uni K Wax studio location (” Participating Studio”) and provide your full name, your birthdate, a valid e-mail address, and your current zip code. Enrollment begins upon activation in a Participating Studio on the date of enrollment, but members can opt out of the program at any time as more fully set forth below. UKW Rewards enrollment may take up to seven business days. No retroactive UKW Rewards benefits will be awarded. Membership in the Program and the awarding and redemption of UKW Rewards offers are void where prohibited by law.

Eligibility. You must be a legal resident of the United States or Puerto Rico and 13 years of age or older in order to participate in UKW Rewards. You must also have Internet access and a valid email address and telephone number. Individuals are only eligible to have one UKW Rewards membership. Memberships cannot be shared or combined by more than one person. Corporations, associations, and groups cannot enroll in UKW Rewards. UKW’s franchisees and all UKW employees, as well as all family members of UKW’s franchisees and all family members of UKW employees, are not eligible to participate in the Program and are not eligible to receive any Program benefits. UKW reserves the right in its sole discretion to accept or deny any request to participate in the Program.

Benefits. UKW Rewards members earn rewards points by spending money on goods or services at Participating Studios. UKW Rewards Members may also earn rewards points by booking services online via the Site. To earn points:

Present your Uni K Wax Studio rewards card or offer your contact information prior to checkout, and you will receive ten (10) points for nearly every dollar you spend on gift cards, waxing services, or purchases of SENSE™ By UKW products at Participating Studios or online atwww.unikwax.com (” Online”).

Book Online, enter your UKW Rewards program information and receive 2,000 rewards points. Rewards points are awarded for each appointment made and not for each individual service that is booked. Rewards points are not honored to no-shows. If a member has multiple bookings in the same day, the system will automatically remove the additional services leaving the member with one appointment only.

For every 1,000 points you earn you will receive one dollar ($1.00) savings applicable towards your future purchases at any Participating Studio or Online.

In addition, by using your UKW Rewards card, you may, at the sole discretion of UKW be eligible to receive special discounts, earn double points or participate in other Uni K Wax Studio promotions.

UKW Rewards partner awards (if any) and associated benefits may be subject to taxes.

Any required disclosure and tax liability is each member’s sole responsibility.

Points and Awards Accrual.

Points accrual will be calculated based on your services or purchases where “services or purchases” are member’s purchase of waxing products and/or services at Participating Studios, excluding purchases of certain items that may be excluded in particular promotions, and shall be calculated based on the service or purchase price after any applicable discounts and coupons are applied (including awards redeemed) and before sales tax and shipping and handling (if applicable) is added. Points shall be calculated based on the final sale price. Other exclusions may apply.

Points will post to your UKW Rewards card account promptly after your services or purchases. No adjustments to a member’s account will be made after the actual purchase date except as described in these Terms.

Points apply only to the first UKW Rewards card scanned in connection with any purchase.

UKW may adjust the number of points required to be eligible for an award or the award amount to be issued, at any time, in its sole discretion, with or without notice.

Points have no cash value and may not be redeemed for partial awards, products, services or any other value.

The accumulation of points does not entitle member to any vested rights with respect to points or any UKW Rewards program benefits. In accumulating points, member may not rely upon the continued availability of any award.

Points accrued will automatically expire and be removed from member’s account if member does not purchase any products or services at a Participating Studio or Online during the two (2) year period following member’s last purchase of products or services at a Participating Studio or Online.

Awards Redemption. Awards are redeemable only at Participating Studios for future purchases of any products or services available at Participating Studios and cannot be used towards the purchase of gift cards or gift certificates. You may be notified of ineligible products or services. Awards have no cash value, are nontransferable, are not applicable to prior purchases or exchange transactions, and no change will be given for award redemptions. Awards may only be used once. Other restrictions may apply. Awards, once accrued, may only be used towards your future services or purchases. Awards may be used in conjunction with most other discounts, promotions, and offers towards the purchase of services or purchases not to exceed the purchase amount at Participating Studios only.

Teen Club Program . The Uni K Teen Club Program membership is available to new and current customers under the age of 17. Uni K Teen Club Program membership can be terminated at any time if membership requirements are not met. Photo ID and parental or legal guardian permission and signature are required for Uni K Teen Club Program membership enrollment. The Uni K Teen Club Program includes the provision of a rewards card, services menu, and pricing. Uni K Teen Club Program services and pricing are only available to Uni K Teen Club Program members and are not available to UKW Rewards members 18 or over. Any UKW Rewards members who are 17 and under will automatically be transferred to the Uni K Teen Club Program membership and then-current balance points will be transferred. Any Uni K Teen Club member who turns 18 will be automatically upgraded to the standard Program, subject to these Terms. All services performed by Participating Studios on customers aged 17 and under require prior parental or legal guardian consent and approval. UKW reserves the right to modify or discontinue your Uni K Teen Club Program membership at any time without notice.

Transfer of UKW Rewards Membership and Benefits.

UKW Rewards program benefits are not transferable and may only be used by an individual member for the member’s personal benefit. UKW Rewards membership has no cash value and is not valid if obtained from unauthorized parties, including Internet auction sites. The transfer, sale or barter of UKW Rewards benefits, and partner awards or benefits other than by UKW is prohibited. UKW Rewards benefits or partner awards that have been transferred, sold or assigned for such purposes may be confiscated or canceled. UKW Rewards accounts are for member’s benefit only and are not transferable to another person for any reason including death, divorce or inheritance.

A member’s program benefits cannot be combined with benefits accrued by another member. Participating Studios may request proper identification with regard to program transactions. Program benefits will not be applied retroactively to any purchases. Other exclusions may apply.

UKW, its affiliates and its franchisees are not responsible for lost or stolen rewards cards. UKW may, in its sole discretion, permit replacement cards to be issued. If UKW agrees to issue a replacement card to the member, UKW assumes no responsibility or obligation for replacing any points or awards accrued on the lost or stolen rewards card prior to the date UKW is notified in writing of the member’s loss.

Member agrees that the UKW Rewards program and any benefits related thereto do not create any property rights whatsoever in favor of member.

Member shall be responsible for maintaining accurate and updated personal information with any Participating Studio or online at www.unikwax.com. UKW is not responsible for any awards or other benefits that are not received as a result of loss or member’s failure to update member’s personal information.

Termination of UKW Rewards. The Program may continue until such time as UKW, at its sole discretion, elects to designate a Program termination date. UKW has the right to end the Program by providing written notice to then-Active Members at least thirty (30) days in advance. All UKW Rewards benefits in each member account will be forfeited thirty (30) days after the written notification. An “Active Member” is a Program member that has received UKW Rewards benefits and has provided and maintained a valid email address or telephone number. If you fail to maintain an active and valid email address and telephone number, UKW reserves the right to inactivate your account. If your account is inactivated, you will no longer be an Active Member and all UKW Rewards benefits will be forfeited thirty (30) days after you cease to be an Active Member. If you wish to remain a Program member after you cease to be an Active Member, you must create a new UKW Rewards account.

Termination of Program Membership. UKW may discontinue membership for any member who acts in an abusive manner (including abusive behavior targeted at UKW employees or affiliates and abusive behavior via social media), breaches these Terms, or acts in a manner inconsistent with local, state or federal laws. Discontinued membership under this section will result in the immediate loss of all accumulated UKW Rewards benefits and the UKW Rewards account will be closed. UKW also reserves the right to deny future membership if UKW deems your conduct to violate these Terms. UKW failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of UKW rights. Upon any termination of your Program membership you must promptly cease participating in the Program.

Online Account. You may view your UKW Rewards membership activity online by logging into your online UKW account on our Site. For information about your membership, simply log on to your online account or contact UKW by email at the address listed below. You will be required to log in to your online account in order make appointments at Participating Studios online. You warrant that all information you provide to us in connection with your participation in the Program is true, accurate, and complete to the best of your knowledge and belief. UKW reserves the right, in its sole discretion, to terminate your access to or use of the Site for any reason without notice or liability, including the unauthorized use of a username or password. 13. Intellectual Property Rights. The Program, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of UKW or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to UKW or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Program may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by UKW to you under any patent, copyright, trademark, trade secret, or other intellectual property right of UKW.

Copyright © 2017 UKW Franchising Company, LLC. All rights reserved.

14.

Restrictions on Your Use of the Site; Compliance with Laws.

You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of UKW. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of UKW. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

15. NO WARRANTY. THE PROGRAM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. UKW DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PROGRAM, INCLUDING THE SITE. UKW DOES NOT WARRANT THAT THE PROGRAM OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE PROGRAM OR THE SITE WILL BE CORRECTED, OR THAT THE PROGRAM, THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. UKW IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UKW, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND THE SITE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. UKW HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE PROGRAM IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM UKW OR IN ANY MANNER FROM THE PROGRAM OR THE SITE CREATES ANY WARRANTY.

16. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL UKW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR YOUR USE OF OR INABILITY TO USE THE PROGRAM (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE PROGRAM), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF UKW OR A UKW SUPPLIER HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP PARTICIPATING IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UKW’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Third-Party Web Sites. The Program may link to, or be linked to, web sites not maintained or controlled by UKW, for example, web sites operated by UKW’s franchisees. Those links are provided as a convenience and UKW is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Program to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

18. Feedback. UKW welcomes comments regarding the Program. If you submit comments or feedback to us regarding the Program, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

19. Governing Law. These Terms are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Miami-Dade County, Florida, with respect to any dispute arising under these Terms unless otherwise determined by UKW in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.

20.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

Please read the following paragraphs carefully because they require you to arbitrate disputes with UKW and limit the manner in which you can seek relief from us.

a. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, ” Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this ” Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of UKW’s intellectual property or other proprietary rights, UKW may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; UKW; UKW’s affiliates; UKW’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.

b. Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.

c. Place. The place of arbitration will be Miami-Dade County, Florida, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

d. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.

21. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

22. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and UKW, except that our affiliates and franchisees are third-party beneficiaries of these Terms.

23. Interpretation. These Terms, including our Privacy Policy, our Terms of Use, and, if applicable, our Studio Policies & Terms of Sale, are the entire agreement between you and UKW with respect to your enrollment and participation in the Program. UKW’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UKW. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of UKW’s successors and assigns.

24. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your participation in the Program.

25. Notices. All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, by electronic mail.

26. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and UKW may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

27. Contact Us. All correspondence on the Program or regarding these Terms should be addressed to:

contactus@unikwax.com

UKW Franchising Company, LLC

2999 191st Street, Office #905

Aventura, Florida 33180

 

 

 

 

Studio Policies & Terms of Sale

Last Updated: August [_3_], 2017

All products and services (“Products” and “Services”) made available by or purchased from UKW or UKW studio locations are subject to these Studio Policies & Terms of Sale (“Policies”).

By purchasing Products or Services or by making an appointment, either online or at a UKW location, you (“you”) agree that you have read and understand these Policies. Please read these Policies carefully. Your patience and understanding of UKW’s policies is greatly appreciated.

Order Acceptance

All online orders and appointments are subject to acceptance by UKW Franchising Company, LLC (“UKW,” “we,” “us,” or “our”). We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including the following: (a) limitations on our ability to accept orders for shipment to addresses outside the United States; (b) limitations on Service availability or quantities of Products available for purchase; (c) inaccuracies or errors in Product or Service descriptions, images, or pricing information; and (d) problems identified by credit and fraud avoidance services.

Product and Service Availability

The prices and availability of Products and Services made available online may change at any time without notice to you. Prices remain valid while they are listed and offered on the applicable web site. Prices will be as posted on the web site as of the date and time of your order, as applicable. Availability of Products and Services may be limited. Some Products and Services may not be available in certain areas.

Payment

Payment must be made by credit or debit card. Payment by credit or debit card is subject to the approval of the card issuer, and UKW will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason.

Taxes; Shipping and Handling; Title; Risk of Loss

Product prices do not include sales taxes, other taxes, or shipping and handling fees, all of which will be charged separately and are your responsibility. You will be charged all sales and other taxes to the extent required by law. Title to Products will pass to you when you receive the Products and make payment in full. UKW will bear the risk of loss or damage to the Products during shipment to you.

Cancellations

As a courtesy, we ask our customers that Service cancellations be called in to the applicable UKW location at least two hours prior to a scheduled appointment. Cancellations of orders for Products and Services are at UKW’s sole discretion. If you wish to cancel a Service appointment made online, please contact the applicable UKW location or check our web site to see if the order can be changed, canceled, or corrected online. If you wish to cancel an order for a Product placed online, please contact us via email at sales@unikwax.com to see whether the order can be changed, canceled, or corrected. If you wish to cancel an order for a Product placed at a UKW location, please contact that UKW location.

Late Policy

Due to the high volume of scheduled appointments and walk-ins, UKW locations cannot hold your appointment if you are late. However, if you call ahead to advise you are running late, the applicable UKW location will try to accommodate you.

Change of Service

If you require any change to your scheduled Service or additional Services, these must be requested with the receptionist prior to check-in at the applicable UKW location.

Appointment Rules

In order to better serve you:

• Only the customer and the waxer are allowed in the waxing room while services are being performed. Customers ages 17 years and younger, however, may be accompanied by a parent or legal guardian. • Pets are not allowed. • Please arrive 5 minutes prior to your scheduled appointment. • Let your waxer know if you are under the use of Accutane, AHA, Renova, Retin-A, or corticosteroids such as hydro-cortisone, prednisone, Kenalog, and Elocon. • If you need to use our restroom, please do so prior to being called in for your Service. • Videotaping of any of our Services is prohibited. • Food and drinks are not allowed in the waxing rooms. • Our studios are non-smoking facilities. • We do not accept checks. • Gratuities are not included in our prices.

Specific Services

Neck to Toe (Men and Women) – Full Body, front, back and sides

This package includes all waxing services from the neck of the body to toes.

1. During this service the customer must be completely undressed. 2. Body covers will be provided to cover private areas throughout the Service. 3. All areas of the body must be waxed consistently beginning from the neck to the toes. 4. The Services must be performed during the same appointment 5. Customers cannot be selective with Services administered during appointment. 6. The Services will be performed on the back, front and sides of the body entirely.

Free Services – Choose 1 of 3 HIM/HER

FREE for HER: Bikini Line Front, Underarm, OR Upper Lip. FREE for HIM: Commando Line Front, Shoulder OR Nostrils. Valid for customers new to Uni K Wax Studios ONLY. New customer must not have an existing customer profile at any existing Uni K Wax Studio in order to qualify for this offer. Valid photo ID required. One time use per customer. Cannot be combined with other offers. Cash value 1/100¢. Uni K Wax Studios are independently owned and operated. UKW reserves the right to cancel this offer at any time.

Return Policy

Products: Unopened Products may be returned to the studio of purchase for a full refund within 48 hours of purchase date. Opened Products and used Products are non-refundable.

Services: If you are not satisfied with a Service, notify the applicable UKW location within 24 hours of the Service for a complimentary redo within 72 hours of the original Service date.

Series: Series of Services may be redeemed at any UKW studio at any time and expire 24 months after purchase. Series are refundable within 15 days of the original purchase date. Sales tax may apply at the time of redemption under applicable local law. Unused Services purchased as a series are refundable within 15 days of the purchase date. Pricing is subject to change without notice. Local, city, or state taxes may apply.

Gift Cards and Gift Certificates

Gift cards and gift certificates are non-refundable. Gift card and gift certificate expiration dates are subject to applicable state laws and regulations, but in no event will expire prior to five years after the activation date.

Force Majeure

UKW will not be liable to you for any delay or other failure to perform or provide the Services that is due to causes beyond UKW’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.

No Warranty

UKW, on behalf of itself and its suppliers, does not make any warranty with respect to the Products and Services. Products and Services are sold “as is,” without any warranties, express or implied, of any kind and all sales are final. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UKW, ON BEHALF OF ITSELF AND ITS SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING THOSE REGARDING MERCHANTABILITY, AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, ORAL, WRITTEN, OR OTHERWISE, OBTAINED BY YOU FROM UKW, THE APPLICABLE WEB SITE, OR ANY UKW LOCATION CREATES ANY WARRANTY.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL UKW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE WEB SITE(S) OR YOUR ORDER, SCHEDULING, OR USE OF PRODUCTS OR SERVICES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF UKW OR A UKW SUPPLIER HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE APPLICABLE PRODUCTS OR SERVICES OR, AT UKW’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL UKW’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law; Disputes

These Policies are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Miami-Dade County, Florida, with respect to any dispute arising under these Policies or in connection with any Product or Service unless otherwise determined by UKW in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Products or Services must be commenced within one year after the cause of action or claim arises.

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