Terms of Service

Last Updated: November 19, 2024

Welcome to Pearl Beauty Enterprises ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at pearlbeautyent.com and our Caribbean Players product line.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

Important: These Terms contain important waivers

Please read these Terms carefully. They include limitations of liability, dispute resolution provisions, and a waiver of class action rights.

1. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using our website on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the website after changes are posted constitutes acceptance of the modified Terms.

2. Use of Our Website

Eligibility

You must be at least 16 years old to use our website. By using our website, you represent and warrant that you meet this age requirement.

License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes, subject to these Terms.

Restrictions

You agree not to:

  • Use the website for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the website
  • Interfere with or disrupt the website's operation
  • Use automated systems (bots, scrapers) without permission
  • Copy, modify, or distribute website content without authorization

3. Products and Services

Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, colors, or other content on the website is accurate, complete, reliable, current, or error-free.

Pricing and Availability

  • Prices: All prices are in USD unless otherwise stated and are subject to change without notice.
  • Availability: Products are subject to availability. We reserve the right to limit quantities or discontinue products.
  • Errors: If a product is listed at an incorrect price due to error, we reserve the right to refuse or cancel orders.

Orders and Fulfillment

All orders are processed through our Shopify store at pearlbeautyent.com. By placing an order, you agree to Shopify's terms of service and payment processing terms.

We reserve the right to refuse or cancel any order for any reason, including suspected fraud, errors in product or pricing information, or limitations on quantities.

4. User Accounts

If you create an account on our Shopify store, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent activity.

5. Intellectual Property

Our Content

All content on our website, including but not limited to text, graphics, logos, images, videos, software, and design elements (collectively, "Content"), is the property of Pearl Beauty Enterprises or our licensors and is protected by:

Copyright Laws

Trademark Laws

IP Regulations

Trademarks

"Pearl Beauty Enterprises," "Caribbean Players," and our logos are trademarks of Pearl Beauty Enterprises. You may not use these trademarks without our prior written permission.

Restrictions on Use

You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any Content without our express written permission.

6. User Content

Submissions

If you submit content to our website (including reviews, photos, quiz responses, or feedback), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display that content.

User Responsibilities

You represent and warrant that any content you submit:

  • Is accurate and truthful
  • Does not violate any third-party rights
  • Does not contain illegal, harmful, or offensive material
  • Does not infringe intellectual property rights
  • Complies with all applicable laws

We reserve the right to remove any user content that violates these Terms or is otherwise objectionable, without notice.

7. Prohibited Activities

You are prohibited from:

  • • Using the website for fraudulent purposes
  • • Impersonating any person or entity
  • • Harassing, threatening, or abusing other users
  • • Transmitting viruses, malware, or harmful code
  • • Attempting to hack or compromise website security
  • • Scraping or data mining without permission
  • • Using the website to spam or distribute unsolicited messages
  • • Reverse engineering any part of the website
  • • Violating any applicable laws or regulations

Violation of these prohibitions may result in immediate termination of your access and potential legal action.

8. Disclaimers and Limitations of Liability

Important Legal Notice

Please read this section carefully as it limits our liability to you.

Disclaimer of Warranties

OUR WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted or error-free
  • Warranties regarding the accuracy or reliability of content
  • Warranties that defects will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEARL BEAUTY ENTERPRISES SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Business interruption or loss of opportunities
  • Damages arising from your use or inability to use the website

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pearl Beauty Enterprises, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of our website
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your conduct in connection with the website

10. Dispute Resolution and Arbitration

Binding Arbitration and Class Action Waiver

This section contains important provisions that affect your legal rights, including a waiver of your right to bring a lawsuit in court or participate in class actions.

Informal Resolution

Before initiating arbitration, you agree to first contact us at support@pearlbeautyent.com to attempt to resolve the dispute informally.

Binding Arbitration

If we cannot resolve a dispute informally, any claim or controversy shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Trinidad & Tobago or another mutually agreed location.

Class Action Waiver

YOU AND PEARL BEAUTY ENTERPRISES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

11. Termination

We reserve the right to suspend or terminate your access to our website at any time, for any reason, without notice or liability.

Upon termination:

  • Your license to use the website immediately terminates
  • You must cease all use of the website
  • We may delete your account and associated data
  • Provisions intended to survive termination remain in effect

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Post a notice on our website for 30 days
  • Notify users via email if changes are material (if you've subscribed)

Your continued use of the website after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the website.

13. General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Trinidad & Tobago, without regard to conflict of law principles.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pearl Beauty Enterprises regarding the use of our website.

No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce it.

Assignment

You may not assign or transfer these Terms or your rights under them. We may assign these Terms to any successor or affiliate without your consent.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

Pearl Beauty Enterprises

General Inquiries:

support@pearlbeautyent.com

Location:

Trinidad & Tobago

Response Time: We aim to respond to all inquiries within 2-3 business days.

Acknowledgment

BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.