Terms & Conditions
Effective date: July 1, 2021
Kurs Group Brand Incubator (“us”, “we”, or “our”) operates the Kurs Group Brand Incubator website (the “Service”) available at https://www.kurs.inc.
If you do not agree to below Terms and Conditions please exit and do not use the website.
By continuing to use the website after any update you accept and agree to be bound by, and consent to, the current terms including any changes.
All use of the website is subject to these use terms. By using the website you agree to comply with, and be bound by, the use terms.
Data security and privacy
This website is not intended for minors. By using the website you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on our websites.
The website and material on the website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of Kurs Group Brand Incubator and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the website.
You may not remove any copyright, trademark or other proprietary notice contained on the website or any content contained therein.
You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted through this website or by other means (“submissions”) are neither confidential nor proprietary to you and may be used without restriction or compensation. By making a submission, you grant to all right, title and interest, including copyrights, in the submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such submissions. There is no obligation (i) to keep any submission confidential; (ii) to pay you or anyone any compensation for any submission or for using a submission; or (iii) to respond to or acknowledge any submission. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any submission you make.
Third party sites
The website may contain links to third party websites not under the operation or control. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. We shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from these use terms.
You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website by hacking, password “mining” or any other illegitimate means.
In addition, you may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
No unlawful use
You may not use the website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kurs Group Brand Incubator or others
Purchase – general terms
Not for resale
Orders may only be placed on the website for personal use and not for resale. Any resale or distribution of products purchased on website is strictly prohibited.
The website may be used to order a selection of products directly online via the internet from the EU only and for delivery only in the EU.
Products ordered via the website may be delivered only to the EU, Not all products may be shipped to all locations. If you attempt to purchase a product that cannot be shipped to your location customer service will contact you. Please see the shipping and delivery section for additional restrictions.
Right to cancel
We reserve the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning a prior order or if there is a reasonable cause to suspect that such customer has violated these sale terms, is engaged in any fraudulent activity, or for any other reason.
To ensure the best quality service and product availability, you may not order on the website more than 10 items of the same sku number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products. If you attempt to order more products than are permitted, customer service will contact you.
All offers of products as they are displayed on the website are subject to availability. We reserve the right to change the items proposed on the website at any time and without notice. We attempt to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available without a material delay after your place your order, you will be informed by email or by phone, and you will be allowed to wait until the product is available, or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. Kurs Group Brand Incubator shall not be liable if products are not in stock or otherwise not available.
You must be 18 years or older in order to make a purchase on the website, and by making a purchase you represent that you are at least 18 years old. We do not sell products or services for purchase by children, the website is not directed at, nor do we knowingly collect personally identifiable information from children, including those under the age of 13.
Certain features or services offered on or through the website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the website due to someone else using your account as a result of your failing to keep your account information secure and confidential. Access to your account may be terminated or suspended in our sole discretion. See the termination of access section for more information.
Purchase – Confirmation
For each product selected on the website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order by clicking on the “purchase” button, please confirm that this information accurately reflects your selection. Once you have confirmed your order it will be submitted for processing.
While we take steps to try to ensure that the coloring, design, and style of the our products in the photographs or other representations displayed on the website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment and/or minor updates during production. Accordingly, we shall not be liable for any error or inaccuracy in the photographs or other representations of products displayed on the website. If you have any questions about the products, please contact customer service.
The data collected by the website establishes the terms of the transactions between Kurs Group Brand Incubator and its customers. In the event of a dispute between Kurs Group Brand Incubator and its customers relating to a transaction entered into using the website, and subject Business Beauty Limited’ right to cancel or not accept an order, the data collected by the website are the terms of the transaction.
All products ordered through the website remain the property of Kurs Group Brand Incubator until full payment is tendered to Business Beauty Limited. In the event of a payment dispute, you are required to return the products that are the subject of dispute to Kurs Group Brand Incubator immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.
For the avoidance of doubt, the following additional terms (“additional terms”) apply to your use of the kurs.inc website and any purchase or attempted purchase you make.
Termination of access
You agree that Kurs Group Brand Incubator may, in its sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.
Recovery of costs
Disclaimer of representations and warranties
The website and its contents are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the website or the products offered through the website nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation.
Without limiting the generality of the foregoing, we do not represent, warrant, or guarantee that:
(a) the website is free from viruses, worms, trojan horses or other destructive material or malicious code;
(b) the information contained on the website is accurate, complete or up to date; or
(c) the website is free of defects or that any inaccuracies or defects will be corrected.
By using the website, you agree that your use of the website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that we shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the website. Your sole remedy against Kurs Group Brand Incubator for dissatisfaction with the website is to stop using the website.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Limitation of liabilities; Indemnity
Kurs Group Brand Incubator shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the website, even if Kurs Group Brand Incubator has been advised of the possibility of such damages. Without limiting the foregoing, we shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.
If, notwithstanding the other provisions of these use terms, Kurs Group Brand Incubator is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Business Beauty Limited’ liability shall in no event exceed a total amount of EUR 100.
Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless Business Beauty Limited, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the website.
Law and disputes
Our terms, including the use terms, the sale terms, and the additional terms shall be governed by and construed in accordance with the laws of EU, without regard to its principles of conflicts of laws, and shall govern all matters arising our of or relating to the use terms or sale terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, Commercial court of France/UK shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Kurs Group Brand Incubator shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
If any provision of the use terms, sale terms, or additional terms is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
No failure, forbearance, neglect or delay of any kind or to any extent on the part of Kurs Group Brand Incubator in connection with the enforcement or exercise of any rights under the use terms, the sale terms, the additional terms shall affect or diminish Business Beauty Limited’ ability to enforce such rights or any other rights under the use terms, the sale terms, the additional terms.
Construction and interpretation
References to articles, sections and exhibits are to be construed as references to the articles or sections of the relevant portions of the use terms, sale terms, or additional terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words “includes” and “including” when used herein shall be deemed to be followed by the phrase “without limitation” unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the website.