Terms & Conditions
1. Definitions.
a. “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
b. “Training Course” means course providing training by The refinery Lab such as Microblading, Ombre Brow, Eye Lash Extension, and any other class taught and provided by the Refinery Lab.
c. “Course Materials” means the information provided by The Refinery Lab to accompany a course provided as part of the Training Course in hard copy or electronic form.
d. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
e. “The Customer” or “you” means the individual purchasing the Training Course Services or any other services.
2. Confidentiality
The Customer hereby agrees to keep in strictest confidence and not use for himself/herself or disclose to any third party any confidential and proprietary information disclosed by The Refinery Lab during the Training Course, except as hereinafter provided.
3. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REFINERY LAB SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OFSECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OFANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REFINERY LAB’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE REFINERY LAB FOR THE TRAINING GIVING RAISE TO A CLAIM.
4. Warranty and Disclaimer.
The Refinery Lab ensures that all our services and training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. The Refinery Lab shall provide such trainers to present the training course as it, in its sole discretion, deems fit and The Refinery Lab shall be entitled at any time to substitute any trainer with any other person who, in The Refinery Lab’s sole discretion, it deems suitably qualified to present the relevant course.
5. Indemnification.
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
6. Ownership and Intellectual Property Rights.
All training materials are owned by The Refinery Lab. All intellectual property rights in all training material made available, including the design, graphics and text of all printed materials are owned by The Refinery Lab. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without The Refinery Lab’s prior permission. Any such use is strictly prohibited andwill constitute an infringement of The Refinery Lab’s intellectual property rights.
7. Governing Law, Jurisdiction, and Venue.
This Agreement shall be governed by and construed under laws if the State of Florida, without regard to its conflict of laws principles. The parties agree that any litigation in any way relating to this Agreement shall be venued in either federal or state court in Miami-Dade County, the Customer hereby consents to the personal jurisdiction of these courts and waives any objection that such venue is inconvenient or improper. The parties hereto hereby waive any right to a jury trial in connection with any litigation pursuant to this Agreement and the transactions contemplated hereby.
8. Chargebacks.
We reserve the right to recover funds from you directly for any chargebacks from your credit card company, and to recover reasonable attorneys’ fees incurred in the enforcement of theTerms and Conditions, to collect payments validly owed to us, and to dispute your chargeback. We reserve the right to report any chargeback incident to all credit reporting agencies, or to any other collections agencies, which may negatively impact your credit score.
9. Attorney’s Fees and Costs.
The prevailing party in any mediation, arbitration or legal action to enforce or interpret this Warrant shall be entitled to recover from the non-prevailing party all costs and expenses, including reasonable and documented attorneys' fees, incurred in such action or proceeding.
10. Force majeure.
Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms and Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”). In such an event the Training Course will be rescheduled upon a reasonable date within the discretion of The Refinery Lab.
11. Entire Agreement and Severability.
This Agreement is the entire agreement between you and The Refinery Lab relating to the training and supersedes all prior or contemporaneous oral or written communications, proposalsand representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.