These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Professional Hair Labs a trading name of Scientific Cosmetix LLC of 3795 Correia Drive, Zephyrhills, Florida, 33542 USA and Professional Hair Products Ltd of Saint Martins Road, Rosslare Harbour, Wexford, Y35 C434, Ireland (hereinafter, “we”, “our” or “us”) governing the use of www.prohairlabs.com (referred to as the “Website”). We license use of our website or any of the contents therein to you on the basis of these Terms. We do not sell our website or any of the contents therein to you, and we remain the owner of our website or any of the contents therein at all times.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
You should print a copy of these Terms for future reference.
- Interpretation
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- The definitions in this paragraph apply in these Terms:
- “Personal Data” has the meaning given under the GDPR and Irelands DPA (collectively referred to as the “GDPR”).
- “Related Content” means information, content, materials, products, and other services included on or otherwise made available to you through the Services.
- “Services”: means our services offered via our website or any of the contents therein or otherwise by us and any other software provided by us in connection with any of the foregoing.
- “User”: means an individual who accesses and uses an Account.
- The definitions in this paragraph apply in these Terms:
- General
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- The provisions set out in these Terms govern your access to and your use of our website or any of the contents therein and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website or any of the contents therein.
- Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our website or any of the contents therein on these Terms.
- By using our website or any of the contents therein, you agree and acknowledge that:
- you have read the terms set out in these Terms and agree to be bound by and comply with them; and
- you shall ensure that you abide by these Terms.
- We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our website or any of the contents therein at any time, or remove or edit content (including content submitted by you) on our website or any of the contents therein or on any of our affiliated websites (including social media pages).
- We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website or any of the contents therein or any other products, services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of the contents therein or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
- The following additional terms also apply to your use of our website or any of the contents therein and form part of these Terms:
- Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your Personal Data in compliance with the GDPR. By using our website or any of the contents therein, you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or inquiries relating to your Data, please contact us at cs@prohairlabs.com.
- Account and Password
- The Services are provided to you via a dedicated account (Customer /Trader), pursuant to which you will create a unique user-id and password.
- You’re responsible for keeping your user-id and password confidential.
- You’re also responsible for any use of any account that you have access to, whether or not you authorised the use.
- You’ll immediately notify us of any unauthorised use of your accounts.
- You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
- We don’t have access to your current password, and for security reasons, we may only reset your password to do so please contact us.
- Security
You may not use this website or allow this website to be used to: a) gain unauthorised access to computer systems or engage in security attacks of any kind including:(i) against trust (such as email spoofing, password cracking, IP spooking and DNS poisoning); (ii) against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or other malicious programs and code); (iii) against availability (such as denial of service and email bombs); b) corrupt, modify or intercept electronic communications intended for any other person or entity; or c) interfere with or disrupt the operation of or this website. You may not avoid any limitations we place on your use of this website.
- Abuse and Illegal Behaviour
You may not use this website to: conduct or engage in any illegal business or activity; b) infringe any third-party intellectual property right (for example copyright, patents, trademark, trade secret or know-how); c) collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; d) create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material.
- Email and Spam
You may not use this website to chat or other communications in an unacceptable or illegal manner. For example, you may not: a) create or send hoax emails or chain emails; b) send unsolicited commercial email or bulk email (“spam” or “spamming”); c) harvest email addresses; d) use open proxies or relays to allow spamming; or e) impersonate someone else (“spoofing”) or falsify message header information.
- Feedback
We request Service Recipients to leave feedback following receipt of the Services which will be visible to future prospective Service Recipients. We are not liable for any feedback left via the website. Once the Services have been completed, you will be asked to leave feedback of the Service Recipient. which will be visible to future prospective Service Providers and the Service Recipient.
- Uploading content
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- You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website or any of the contents therein complies with our Privacy Policy, the DPA and the GDPR and any other applicable laws.
- You are fully responsible for your content uploaded to our website or any of the contents therein. We will not be responsible, or liable to any third party, for:
- the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website or any of the contents therein; or
- the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the website.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website or any of the contents therein constitutes a violation of their rights under applicable law.
- Restrictions
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- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
- save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service including our website or any of the contents therein or any of the contents therein for any commercial or other purposes;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website or any of the contents therein or any of the contents therein nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
- not to provide or otherwise make available our website or any of the contents therein or any of the contents therein in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
- to include our copyright notice on all entire and partial copies you make of our website or any of the contents therein on any medium;
- to comply with all applicable technology control or export laws and regulations; and
- not to disrupt, disable, or otherwise impair the proper working of the Services, our website or any of the contents therein or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
- not to use a recreational license if you are paying any crew.
- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
- Intellectual Property Rights
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- You acknowledge that all intellectual property rights in our website or any of the contents therein or any of the contents therein anywhere in the world belong to us, that rights in our website or any of the contents therein are licensed (not sold) to you, and that you have no rights in, or to, our website or any of the contents therein other than the right to use them in accordance with these Terms.
- Any intellectual property rights in content uploaded by you to our website or any of the contents therein shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
- You acknowledge that you have no right to have access to our website or any of the contents therein or any of the contents therein in source code form.
- Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the website, you must not modify our website or any of the contents therein or any of the contents therein or digital copies of any materials you have printed off or downloaded from our website or any of the contents therein in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as owner of the content on our website or any of the contents therein or any of the contents therein must always be acknowledged.
- If you print off, copy, or download any content on our website or any of the contents therein in breach of this Agreement, your right to use our website or any of the contents therein or any of the contents therein will cease immediately and, and must, at our option, return or destroy any copies of the materials you have made.
- As a user of our website or any of the contents therein or any of the contents therein, you agree not to:
- systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorised use of our website or any of the contents therein or any of the contents therein, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- circumvent, disable, or otherwise interfere with security-related features of our website or any of the contents therein or any of the contents therein, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
- engage in unauthorised framing of or linking to our website or any of the contents therein or any of the contents therein.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of our website or any of the contents therein or any of the contents therein the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the website or the networks or services connected to our website or any of the contents therein or any of the contents therein.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the website in order to harass, abuse, or harm another person.
- use our website or any of the contents therein or any of the contents therein as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software our website or any of the contents therein or any of the contents therein comprising or in any way making up a part of our website or any of the contents therein or any of the contents therein.
- attempt to bypass any measures of the website designed to prevent or restrict access to our website or any of the contents therein or any of the contents therein, or any portion of our website or any of the contents therein or any of the contents therein.
- harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of our website or any of the contents therein or any of the contents therein to you.
- delete the copyright or other proprietary rights notice from our website or any of the contents therein or any of the contents therein.
- copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorised script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or our website or any of the contents therein or any of the contents therein.
- use our website or any of the contents therein or any of the contents therein in a manner inconsistent with any applicable laws or regulations.
- Submissions
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- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Warranties
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- While we make all efforts to maintain the accuracy of the information on our website or any of the contents therein, we provide the Services, Website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
- To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any of the contents therein or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website or any of the contents therein, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
- Professional Hair Labs assumes no liability for the topicality, correctness, completeness, or quality of the information provided in our website or any of the contents therein. Liability claims against Professional Hair Labs, which refer to material or immaterial nature caused by use or disuse of the information or the use of incorrect and incomplete information or our website or any of the contents therein are excluded.
- To the maximum extent permitted by law, we provide our website or any of the contents therein the Services as is and as available. That means that except to the extent expressly set forth in the Agreement, we don’t provide warranties of any kind, either express or implied, including, but not limited to, we may use or disclose your materials only as we describe in these Terms and our Privacy Policy, non-infringement, title and fitness for a particular purpose or use.
- We do not warrant our website or any of the contents therein or the Services will meet your requirements, nor do we provide any warranty about results that may be obtained by using the Services our website or any of the contents therein.
- Management
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- We reserve the right, but not the obligation, to:
- monitor our website or any of the contents therein or any of the contents therein for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
- We reserve the right, but not the obligation, to:
- Third-Party Websites and Content
- The website may contain (or you may be sent via the website) links to other Websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
- You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- Limitation of Liability
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- We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website or any of the contents therein and any Related Content.
- You expressly agree that your use of the Services and our website or any of the contents therein, including reliance on any advice, is at your sole risk and not for navigational purposes.
- You agree not to use the Services, our website or any of the contents therein and the Related Content for any sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any of the contents therein or any other service or software) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill, or reputation; or
- any other indirect or consequential loss or damage.
- Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud; and/or
- any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
- our website or any of the contents therein is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content.
- These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website or any of the contents therein. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website or any of the contents therein which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- Reliance on Information
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- The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained on the website.
- The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- Disclaimers
- Professional Hair Labs makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
- The website is provided on an as-is and as-available basis.
- You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website’s content, or the content of any website linked to the website, and we will assume no liability or responsibility for any
- errors, mistakes, or inaccuracies of content and materials,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
- any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from the website,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
- any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
- As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Indemnity
You agree to indemnify and hold us, our related corporation sand affiliates, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website or any of the contents therein, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
- User Data
- We will maintain certain data that you transmit to the website for the purpose of managing the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
- You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- Electronic Communications, Transactions, And Signatures
- Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
- You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- Information and Material You Provide
- You should refer to our Privacy Policy in relation to any information or material, including personal data, that you share with other users or share about other users or third parties, or that you otherwise add to the website.
- We reserve the right, without any obligation, to delete, edit, or otherwise deal, in our absolute discretion, with any information or material or content uploaded, or otherwise submitted by you to the website including, without limitation: video, audio, still photographs and artwork, links, embedded content, data, information, software, text, personal data and other information.
- Except as expressly set forth herein, we do not make any warranty nor assume any legal liability or responsibility for the accuracy, completeness, or truth or appropriateness of any information or material added to the website by you or other users, and you are responsible for checking and validating any information you add.
- Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts to enforce or to enjoy the benefit of any term of this Agreement.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Notices
All notices / communications shall be given to us by email to cs@prohairlabs.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Professional Hair Labs shall be governed by and construed in accordance with the Laws of Ireland/ the United States, as applicable and Professional Hair Labs and you agree to submit to the exclusive jurisdiction of the Courts of Ireland/ Florida, as applicable.