Rewards - Terms of Use

THE FOLLOWING TERMS OF USE (“TERMS OF USE”) APPLY TO YOUR ACCESS TO, AND PARTICIPATION IN, THE BEAUTYSCHOOLSTORE.COM LOYALTY REWARDS PROGRAM (THE “PROGRAM”) AND CONTAIN IMPORTANT INFORMATION REGARDING THE PROGRAM. PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

• eliminate your right to a trial by jury; and
• substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings.

These Terms of Use are a binding agreement between you and Burmax. Burmax may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Reward, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated Points or benefits. Participation in the Program or redemption of Rewards is considered acceptance of these Terms of Use and any modified terms included therein. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Burmax for other products or services, including without limitation the BeautySchoolStore.com website terms of use.

Burmax may provide updates, notices, disclosures, and amendments to these Terms of Use, and other information relating to the Program by electronic means, including posting such information and materials online at www.BeautySchoolStore.com.

Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in the Program. Please read the Privacy Policy carefully to understand how Burmax collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Program Overview

Program Period

This Program will continue until terminated, suspended, modified, or converted to another rewards program by Burmax.

Eligibility

To become a member of the Program (a “Member”) you must be a legal resident of the fifty (50) United States, the District of Columbia, Guam, Puerto Rico, or the US Virgin Islands, be 16 years of age or older, and be enrolled as a full or part-time student in good standing at a vocational beauty school in the United States.  Eligible Members that enroll in the Program as students may continue to participate in the Program after graduation.  To enroll in the Program, you simply need to have registered for a BeautySchoolStore.com account.

Participating in the Program entitles members (“Members”) to take advantage of certain Program Rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Burmax in its sole discretion. The Program is intended for personal use only. Commercial use is prohibited.

Earning BeautySchoolStore.com Points

Upon becoming a Member, you will have the opportunity to accrue points ("Points") on BeautySchoolStore.com for every non-kit purchase made through our online store. Points are awarded based on the value of each eligible purchase, excluding sales tax, shipping, and handling charges. Points will be awarded and credited to your account within 1 business day after your order ships from our facility as follows:

Order Value	Points
$25.00 - $49.99	1
$50.00 - $99.99	2.5
$100.00 - $249.99	6
$250.00 - $349.99	15
$350.00 - $649.99	23
$650.00+	50

Burmax reserves the right to suspend, terminate, revalue or modify, without notice and with no liability to Members, all or part of the Points’ value structure, Rewards and offers even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. Burmax reserves the right to adjudicate all Points discrepancies at its sole discretion, and the Members agree to abide by any such adjudication.

Points Redemption

The Points are redeemable towards future purchases of products and services sold on the BeautySchoolStore.com online store. Each Point may be redeemed for a $1.00 credit on your order. You can redeem your Points during the checkout process. You may not use Points for the order in which Points are earned.

To redeem your Points, simply add items to your shopping cart, and click the “Checkout” button (if you’re not already signed in, the next screen will prompt you to sign in to your account). Continue through the checkout process. When you get to the Payment Details section, you’ll see a box that says “Use Burmax Points” When you click it, your Points will be applied, and the dollar value will be deducted from your order total.

Points are available for redemption for the purchase of products only while supplies last. Product quantities may be limited. If you choose to apply Points to your purchase, you will not be able to select the number of Points that are applied to the order. If you have more Points than are necessary to complete a purchase, the appropriate number of Points will be applied and deducted from your account to complete the purchase; points not needed to complete the purchase will remain in your account. If you have Points in your account, but not enough to complete the purchase, all Points in your account will be applied to the purchase. You will be asked to select another form of payment for the remaining balance. For example, if a Member has a $100 order in her cart and has 50 Points (redeemable for a credit of $50), she may apply her Points to the purchase and pay the remainder with a credit card.

If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated Points.

Refunds & Returns

Any items received as a result of Points redemption may only be returned for a refund or credit for any cash paid.  Points applied to the purchase of a returned item will be forfeited and not be refunded. For more information about refunds and returns please see our Return Policy.

Points earned via credit card transaction purchases on the Site will be rescinded in the event that such purchase is returned for a refund potentially resulting in a negative points balance.

Burmax Points Minimums And Maximum

You cannot redeem Points for more than the total amount of your purchase. Points are not redeemable for cash

Burmax Points Balance

You can check your BeautySchoolStore.com Points balance on your account page.

Burmax Points Expiration

Points will expire 36 months from the date they were first earned (the “Points Expiration Date”). All points not used before the Points Expiration Date will be forfeited.

Reward Conditions

Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Members. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.  

There are no participation or membership fees associated with the Program. Points accrued in connection with the Program are promotional, have no cash value, and cannot be redeemed for cash and you have no property rights in or to Rewards or Points. In addition, your redemption of Points accrued in connection with the Program cannot be combined with any other offers or discounts, unless otherwise expressly agreed by Burmax.

Your Points and BeautySchoolStore.com account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) BeautySchoolStore.com account that is personal to you.

Termination

Without notice to you, Burmax may: (i) in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of Points; and (ii) suspend your BeautySchoolStore.com account and/or terminate your account and/or your participation in the Program if Burmax determines, in its sole discretion, that you have violated these Terms of Use or that the use of your BeautySchoolStore.com account is unauthorized, deceptive, fraudulent or otherwise unlawful. Burmax may, in its sole discretion, suspend, cancel or combine BeautySchoolStore.com accounts that appear to be duplicative. In the event that your participation in the Program is terminated, all Points in your BeautySchoolStore.com account are void. Any decision Burmax makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects.

Other Terms

Program Communications

By enrolling in the Program, you will be automatically subscribed to receive, and you consent to receive BeautySchoolStore.com and Burmax marketing emails, including Program-related communications. You may opt-out of receiving marketing emails or Program-related emails at any time by following the instructions provided in the email and as otherwise provided in the BeautySchoolStore.com Privacy Policy. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you.

Disclaimer of Warranties; Limitation of Liability

NEITHER BURMAX NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE BEAUTYSCHOOLSTORE.COM SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROGRAM OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.

NEITHER BURMAX NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation the Program, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in the Program or your relationship with Burmax or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at [email protected] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Indemnification

Members agree to indemnify, defend and hold Burmax and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Terms of Use or any violation by Member of applicable law.

Governing Law

Any dispute arising from these Terms of Use or your access to or participation in the Program will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Suffolk County, New York.

Severability

If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.