Privacy Policy and Terms of Use

Truly Beauty inc. (“Company”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at TRULYBEAUTY.COM (“Site”) and Services (as defined in the Terms of Use).  Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at TRULYBEAUTY.COM.

(a) Information Disclosed to Ad Networks.  We use third-party advertising companies to serve ads when you visit our Site. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services to you. If you no longer want to be contacted by one of our Clients through our Services, please unsubscribe directly from that Client’s newsletter or contact us directly to update or delete your data. We can remove or update your information within a reasonable time and after providing notice to the Client of your request.

Contact Information. Company welcomes your comments or questions regarding this Privacy Policy.  Please e-mail us at info@trulybeauty.com or contact us at the following address: Truly Beauty Inc. PO Box 11007, Reno NV 89520

Text Marketing and notifications: By subscribing to text notifications you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. More info view Privacy Policy and ToS.

Types of Data We Collect.  “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the

Terms The website located at TRULYBEAUTY.COM (the “Site”) is a copyrighted work belonging to Truly Beauty(“Company”, “us”, “our”, and “we”).  Company markets, sells and delivers beauty products directly to customers via post or otherwise (collectively, with all other services provided through the Site and beauty products delivered through the post or otherwise, the “Services”).  Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

Payment Terms.  If you order Services, you agree to pay at the time of order the then-current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site at trulybeauty.com.  

You may change or cancel your service as described in the Cancellation, Billing, & Membership Status section of the FAQs. If you choose to cancel your service, you must notify the company at least 5 days before your next billing date. If you are dissatisfied with a product or products for any reason, we will refund or replace the product so long as you contact Customer Service via Email (info@trulybeauty.com) or Live Chat and request a refund within thirty (60) days after delivery of the product(s) to the delivery address on your account.

Medical Claims. Truly Beauty shall not be held liable for the medical claims made by customer testimonials. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA- approved research. These products are not intended to diagnose, treat, cure or prevent any disease or ailment. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product.  

Reselling. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

Product Disclaimer. We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions. Read more about our product disclaimer here.

Order Subscription. Some of the Services that we offer may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge and agree that (a) Truly Beauty (or our third-party payment processor) is authorized to charge you on a recurring basis (e.g., monthly) for as long as your subscription continues and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the site or products. You may cancel your subscription at any time by emailing us at  info@trulybeauty.com. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment.

4.2 Contributions.   By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Truly Beauty, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Truly Beauty is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Truly Beauty shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Truly Beauty may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Truly Beauty rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Truly Beauty under any circumstances.

10.4 Copyright/Trademark Information.  Copyright © 2019, Truly Beauty Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

10.5 Privacy.  You should carefully read our full Privacy Policy before using the Service as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Truly Beauty are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Truly Beauty may process such information, within the terms of the Privacy Policy.

10.6 Notices.  We may notify you via postings on TRULYBEAUTY.COM

10.7 Lost Package Policy. If your package shows that its been delivered at usps.com, dhl.com, ups.com, or fedex.com and you still haven’t received it, no problem! Just file a claim with the appropriate carrier and provide us with the claim number via email, chat or phone call.

We are not responsible for lost or stolen items if your order has been shipped to the correct address that you provided on your order or any shipping address that you confirmed. Customers agree that Truly does not have any liability on the order once it's already been shipped. It will be in the position of the carrier and it's the responsibility of the customer to communicate with the carrier regarding the lost or stolen items. 

Please note that mail theft is punishable by law and is a federal crime, a felony that could result in prison time, the loss of the right to vote or hold public office, and significant fines. The taking of items through fraud, deception, or embezzlement are included within the definition of the crime. Mail theft includes but are not limited to: Hiding or destroying mail also constitutes mail theft, as does the purchase, receipt, or possession of mail that one knows was stolen. (Source: http://criminal.findlaw.com/criminal-charges/mail-theft.html)

 

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email Marketing: With your permission, we may send you emails about our store, new products and other updates.

Text Marketing: With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Data Sharing: We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

Cookies: TrulyBeauty.com uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via SMS and email.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Truly Beauty (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. 

Abandoned Checkout Messages: By opting in to receive SMS messages from Truly Beauty you agree to receive marketing communications, including but not limited to promotional offers, product updates, and reminders. These messages may include notifications such as abandoned checkout reminders, which are intended to help complete your purchase and provide relevant updates. Message and data rates may apply. You can opt out at any time by replying "STOP" to any message, or by following the instructions provided in our SMS communications.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Retail Goods. Messages may include cart reminders, order alerts and or account updates.

Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to 97356 or email us at info@trulybeauty.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, CA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Truly’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Truly Beauty's Chat Feature

📣 By using our chat feature, you consent to the recording and use of information about you and this chat session by Truly Beauty or any authorized service provider acting solely on Truly Beauty’s behalf. Truly Beauty may use or disclose this information in accordance with its Privacy Policy. If you do not consent to these terms, please do not use this chat feature and reach out to us via email or by phone. Your continued interaction with, or submission of information to, this chat feature will be deemed to be your acceptance of Truly Beauty’s Privacy Policy.

Section X. [Membership] Terms and Conditions

Part of the Services may include access to “[Membership Name],” a members-only offering that provides exclusive benefits for an [annual/quarterly/monthly] price (the “Membership”). For more information on the Membership, including current benefits, pricing, and how to sign up for the Membership, please see our [Membership] FAQs here [insert link].

X.1 Fees and Renewal. You must pay the Membership fee stated in the FAQ page found [here] before receiving any benefits of the Membership. From time to time, we may change the fees for the Membership without notice to you. The Membership fee is non-refundable except as expressly set forth in these Membership Terms and Conditions. Taxes may apply on the Membership fee, and any taxes will be added to your order. If all eligible payment methods we have on file for you are declined for payment of your Membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new Membership period will be based on the original renewal date and not the date of the successful charge. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. For clarity, your Membership will automatically renew for an additional period equal in length to your initial Membership period until you cancel it using the payment method you have provided (i.e., if you initially paid for an annual Membership, at the end of your initial Membership, your Membership will automatically renew for another year).

X.2 Changes to Membership Terms. We may in our discretion change the terms of our Membership program. Any changes will be made to this page or the FAQ page linked above and will be effective as of the date of posting. Your continued Membership after we post updated terms constitutes your acceptance of the changes. If you do not agree to the changes, your only recourse is to cancel your Membership.

X.3 Termination by Us. We may terminate your membership at our discretion. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership subscription. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of your Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

X.4 Store Credits. As a benefit of your Membership, you may receive store credit, which can be used only to purchase products or services on our website. Any store credits will expire [XX] months after the date you earn or receive the store credit. If you do not use your store credit before it expires, you forfeit your right to use it. Store credit may not be exchanged or redeemed for cash or gift cards.

X.5 Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS, OUR TOTAL LIABILITY IN CONNECTION WITH YOUR MEMBERSHIP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID TO US. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.