Terms of service

TERMS AND CONDITIONS

Last Updated: January 2025

AGREEMENT TO TERMS

These Terms and Conditions ("Terms," "Agreement," or "T&Cs") constitute a legally binding agreement between you ("User," "Customer," "You," or "Your") and Ginika Temple ("Company," "We," "Us," "Our," or "Ginika Temple"), governing your access to and use of our website (ginikatemple.com) and all related pages, subdomains, and mobile applications (collectively, the "Site"), as well as the purchase and use of our products and services, including but not limited to online makeup classes, in-person masterclasses, 1-on-1 private training, mentorship programs, beauty services, and any related materials or content.

By accessing, browsing, or using our Site and/or purchasing our products or services, you acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms and Conditions. If you do not agree with these terms, you are prohibited from using our Site and purchasing our services.

We reserve the right to modify these Terms and Conditions at any time. Modifications will be effective immediately upon posting to the Site, with the updated date reflected at the top of this document. Your continued use of our Site and services following notification of changes constitutes your acceptance of the modified Terms. If you do not agree with modifications, you must discontinue use of our Site and services.

1. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

1.1 Eligibility Requirements

By using our Site and services, you represent and warrant that:
- You are at least 18 years of age (or have parental consent if a minor)
- You have the legal capacity to enter into binding contracts
- You are not prohibited by law from using our Site and services
- All information you provide is accurate, current, and complete
- You will comply with all applicable laws and regulations
- You do not have a history of violating these Terms or similar agreements

1.2 Account Creation

To access certain features or purchase services, you may need to create an account. You are responsible for:
- Providing accurate, complete, and current information during registration
- Maintaining the confidentiality of your password and account credentials
- Notifying us immediately of any unauthorized access or use of your account
- Being responsible for all activities conducted through your account
- Ensuring your account information is kept current

1.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, including:
- Violation of these Terms and Conditions
- Fraudulent, abusive, or illegal activity
- Non-payment of fees or services
- Disruptive behavior toward instructors, other students, or staff
- Violation of our intellectual property rights

Upon termination, your right to access and use the Site and services ceases immediately. Outstanding balances remain due.

2. OUR PRODUCTS AND SERVICES

2.1 Service Descriptions

Ginika Temple offers the following services and programs:

**In-Person Masterclasses**: Intensive makeup training held in various locations (Maryland, Vancouver, or other venues announced). These are advanced, hands-on classes covering professional makeup techniques. Includes class materials and direct instruction from Ginika Temple.

**1-on-1 Private Classes**: Personalized one-on-one makeup training tailored to your skill level and goals. Available for beginners through advanced students. Instruction from Ginika Temple or trained instructors. Sessions are typically 2-4 hours per class.

**Virtual Classes**: Online makeup training accessible from your home or location of choice. Beginner-friendly content covering makeup fundamentals and techniques. Includes video instruction and may include live sessions or recorded materials.

**1-Month Mentorship Programs**: Comprehensive training and mentorship for aspiring makeup professionals. Includes multiple training sessions, personalized guidance, business strategy, and ongoing support. Designed for students seeking career advancement or business development.

**Beauty Services**: Professional makeup application services and specialized services such as powder ombre eyebrows. Services performed by Ginika Temple or qualified beauty professionals. Services are provided at our designated location or agreed-upon venue.

**Additional Products/Services**: We may offer additional products, services, digital resources, or merchandise. Descriptions of these offerings will be provided at the time of sale.

2.2 Service Modifications

While we strive to provide services as described, we reserve the right to:
- Modify or adjust class content, schedule, or format with reasonable notice
- Substitute qualified instructors if Ginika Temple is unavailable
- Reschedule classes due to emergencies, illness, or unforeseen circumstances
- Modify materials, curriculum, or teaching methods
- Discontinue services with appropriate notice to enrolled customers

Any significant modifications will be communicated to you with reasonable advance notice. If you are dissatisfied with material modifications, you may request a refund according to our refund policy.

2.3 No Guarantee of Results

We provide makeup training and beauty services based on our professional expertise and proven methods. However, we cannot guarantee specific results, including:
- Career advancement or job placement
- Income generation or business success
- Transformation of your appearance or makeup application skills
- Client bookings or revenue from beauty services
- Acceptance into modeling or entertainment industry positions

Results depend on your effort, practice, application of techniques, market conditions, and individual circumstances.

3. PRICING, PAYMENT, AND FEES

3.1 Pricing

All prices are listed in USD and include applicable taxes unless otherwise stated. Prices are subject to change without notice. Prices in effect at the time of purchase are binding for that purchase.

Pricing is firm and non-negotiable except where promotional discounts or group rates are explicitly offered.

3.2 Payment Terms

Payment must be made in full at the time of purchase unless we explicitly offer a payment plan. Accepted payment methods include:
- Credit cards (Visa, Mastercard, American Express, Discover)
- Digital payment platforms (PayPal, Apple Pay, Google Pay)
- Bank transfers (where applicable)
- Other methods as indicated at checkout

All payments are processed securely through our third-party payment processors. You authorize us to charge the payment method you provide for all charges.

3.3 Refund Policy

**In-Person Masterclasses and Private Training:**
- Cancellations made 30+ days before the class: Full refund (minus processing fees of approximately 3%)
- Cancellations made 14-29 days before the class: 75% refund
- Cancellations made 7-13 days before the class: 50% refund
- Cancellations made less than 7 days before the class: No refund (class credit may be offered)
- No-shows: No refund (class credit may be offered at our discretion)

**Virtual Classes:**
- Cancellations made 7+ days before the class: Full refund (minus processing fees)
- Cancellations made 3-6 days before the class: 75% refund
- Cancellations made less than 3 days before the class: No refund (class credit may be offered)
- No-shows: No refund

**Mentorship Programs:**
- Cancellations within 48 hours of program start: No refund
- Cancellations after program commencement: No refund, though remaining sessions may be rescheduled
- Mentorship programs are non-refundable after the first session begins

**Beauty Services:**
- Cancellations made 48+ hours before appointment: Full refund
- Cancellations made 24-47 hours before appointment: 50% refund
- Cancellations made less than 24 hours before appointment: No refund
- No-shows: No refund

**Digital Products/Recordings:**
- Digital products and recorded class access are generally non-refundable once purchased and access granted
- Refunds available if the product is defective or unable to access

**Refund Processing:**
- Approved refunds will be processed within 5-10 business days
- Refunds are issued to the original payment method
- Processing fees (approximately 3% plus payment gateway fees) are non-refundable
- Class credits do not expire but are non-transferable

3.4 Late Payments

If payment is not received by the due date, we may:
- Suspend access to your account or services
- Cancel your registration or enrollment
- Charge late fees or interest as permitted by law
- Pursue collection action
- Refer your account to a collection agency

3.5 Payment Disputes

If you dispute a charge, you must contact us within 30 days of the transaction. We will investigate in good faith. We reserve the right to request documentation to support your dispute. Chargebacks filed without first attempting resolution with us may result in account suspension or termination.

3.6 Currency and Taxes

All prices are in USD. Taxes, sales tax, VAT, and other applicable fees will be calculated and added at checkout based on your location. You are responsible for paying all applicable taxes and fees.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of Content

All content on our Site and provided through our services, including but not limited to text, graphics, logos, images, videos, audio recordings, class materials, course curriculum, instructional techniques, makeup application methods, photographs, and any other materials created by Ginika Temple or her team (collectively, "Content"), is the exclusive property of Ginika Temple and protected by copyright, trademark, and other intellectual property laws.

The Content is provided to you for personal, non-commercial use only. You may not:
- Reproduce, modify, or create derivative works from the Content
- Distribute, transmit, or publish the Content
- Use the Content for commercial purposes or profit
- Remove or alter any copyright, trademark, or proprietary notices
- Reverse engineer or attempt to extract techniques for commercial use
- Share login credentials or access with unauthorized persons

4.2 Limited License

By purchasing our services, you are granted a limited, personal, non-exclusive, non-transferable license to:
- Access and view the Content for the duration of your enrollment or access period
- Use the Content solely for your personal makeup practice and education
- Refer to the techniques and methods learned for personal beauty applications

This license terminates when your class ends, your enrollment expires, or your access is revoked.

4.3 Recordings and Video Content

Class recordings, instructional videos, and live class broadcasts are the exclusive property of Ginika Temple. You may not:
- Record classes, live sessions, or instructional content without explicit written permission
- Distribute recordings through any platform
- Share recordings with non-enrolled persons
- Use recordings for commercial purposes
- Stream recordings to unauthorized viewers

Unauthorized recording or distribution of proprietary content may result in legal action.

4.4 Your Content

If you submit, post, or upload any content to our Site (such as reviews, testimonials, photographs, or feedback), you grant Ginika Temple a perpetual, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute this content for any purpose, including marketing and promotional use. You represent that you own or have the right to grant this license.

4.5 Trademarks

"Ginika Temple," the Ginika Temple logo, and all associated trademarks and service marks are the exclusive property of Ginika Temple. You may not use these marks without explicit written permission.

5. USER RESPONSIBILITIES AND CONDUCT

5.1 Appropriate Use

You agree to use our Site and services only for lawful and appropriate purposes. You will not:
- Violate any applicable laws, regulations, or third-party rights
- Engage in fraudulent, deceptive, or abusive conduct
- Harass, threaten, or defame other users, instructors, or staff
- Disrupt or interfere with the normal operation of classes or services
- Introduce viruses, malware, or harmful code
- Attempt to gain unauthorized access to systems or accounts
- Impersonate others or misrepresent your identity or qualifications
- Engage in spamming, phishing, or fraudulent activities
- Create multiple accounts to circumvent our policies or fees
- Resell our services without authorization

5.2 Classroom Conduct

During live classes and training sessions, you are expected to:
- Treat instructors, other students, and staff with respect
- Arrive on time and prepared
- Follow all instructor directions and safety guidelines
- Refrain from disruptive, abusive, or offensive behavior
- Maintain a professional and focused demeanor
- Respect the intellectual property and privacy of instructors and classmates

Violation of classroom conduct policies may result in immediate removal from the class without refund.

5.3 Professional Behavior

If you attend in-person classes or services, you agree to:
- Maintain professional and appropriate appearance and behavior
- Follow all venue rules and safety guidelines
- Not interfere with other students' learning experience
- Respect the privacy and personal space of others
- Refrain from photography or recording without explicit permission
- Report any safety concerns or harassment to instructors

5.4 Social Media and Public Statements

You may share your personal experience with our services on social media and publicly. However, you agree to:
- Provide truthful and accurate information
- Not misrepresent the nature or effectiveness of our services
- Not disclose proprietary techniques, curriculum, or class content
- Refrain from defaming or making false statements about Ginika Temple
- Respect the privacy of other students and staff

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 "AS IS" Disclaimer

Our Site and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied. We disclaim all warranties, including:
- Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties regarding accuracy, reliability, or completeness of information
- Warranties regarding uninterrupted or error-free access to services
- Warranties regarding the quality or results of services

We do not warrant that:
- The Site will be free from errors, bugs, or viruses
- Services will meet your specific expectations
- Makeup techniques or training will achieve guaranteed results
- Our services will generate income, employment, or business success

6.2 Technical Limitations

We do not guarantee:
- Uninterrupted access to the Site or services
- Compatibility with all devices or browsers
- Error-free or bug-free operation
- Availability of video streams or digital content
- Resolution of technical issues within a specific timeframe

Your reliance on the Site and services is at your own risk.

6.3 Professional Liability Disclaimer

Ginika Temple's training and beauty services are educational and aesthetic in nature. We do not provide medical advice or dermatological services. We disclaim responsibility for:
- Skin reactions or allergic responses to products used
- Medical conditions or complications related to makeup application
- Advice regarding skin care or dermatological concerns
- Results of cosmetic procedures or beauty treatments
- Use of makeup products not provided or recommended by us

If you experience adverse skin reactions, discontinue use and consult a dermatologist.

6.4 Limitation of Liability

To the maximum extent permitted by law, Ginika Temple and its officers, directors, employees, and agents shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunity
- Damages arising from lost classes, service interruptions, or technical issues
- Claims arising from third-party products, services, or content
- Claims arising from your use or misuse of our services
- Claims arising from unauthorized access to your account

Our total liability arising from or related to these Terms and your use of our services shall not exceed the amount you paid for the specific service giving rise to the claim, or $100, whichever is less.

Some jurisdictions do not allow limitations of liability, so the above limitations may not apply to you.

6.5 No Medical Advice

The information provided through our services, Site, or instructors is educational only and does not constitute medical, dermatological, or health advice. Before using new makeup products or if you have skin concerns, consult appropriate medical professionals.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ginika Temple, its officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
- Your violation of these Terms and Conditions
- Your violation of applicable laws or third-party rights
- Your use or misuse of our Site or services
- Your conduct or statements
- Your breach of any representations or warranties
- Claims by third parties related to your use of services

This indemnification obligation survives termination of your account or these Terms.

8. DISPUTE RESOLUTION

8.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us and attempt to resolve disputes informally. Please provide detailed information about your dispute and desired resolution. We will respond within 15 business days.

8.2 Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms, our services, or your use of our Site (excluding intellectual property disputes) shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures.

The arbitration shall be conducted:
- In English
- Before a single neutral arbitrator
- In the state where you reside or online
- On an individual basis (not as a class action)

Each party bears its own costs unless the arbitrator awards fees to the prevailing party. Arbitration awards are final and binding and may be enforced in any court of competent jurisdiction.

8.3 Exceptions to Arbitration

The following matters are excluded from arbitration and may be brought in court:
- Intellectual property infringement claims
- Claims for injunctive relief to prevent irreparable harm
- Small claims court actions (where applicable)

8.4 Class Action Waiver

You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class action, class arbitration, or representative action. You waive the right to participate in any class or collective action against Ginika Temple.

8.5 Governing Law

These Terms and Conditions and your use of our Site and services shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflicts of law principles. The UN Convention on Contracts for the International Sale of Goods is excluded.

8.6 Jurisdiction and Venue

For any legal proceedings not subject to arbitration, the exclusive jurisdiction and venue shall be the federal and state courts located in Maryland.

9. AVAILABILITY AND TECHNICAL ISSUES

9.1 Site Availability

We strive to maintain continuous Site availability but do not guarantee uninterrupted access. We may temporarily take the Site offline for maintenance, updates, or repairs without notice.

9.2 Service Interruptions

We are not liable for:
- Service interruptions or outages
- Technical failures or data loss
- Inability to access classes or materials due to technical issues
- Loss of recordings or digital content due to technical failure

9.3 Backup and Data Loss

While we maintain regular backups, we do not guarantee recovery of lost data. It is your responsibility to maintain your own backups of important information.

9.4 Third-Party Services

Our Site and services may rely on third-party services, platforms, and infrastructure. We are not responsible for outages or failures of third-party providers.

10. CANCELLATION AND RESCHEDULING

10.1 Student-Initiated Cancellations

Cancellations must be made through your account or by contacting us directly. Cancellation requests are effective upon receipt. Refunds are processed according to our Refund Policy in Section 3.3.

10.2 Class Rescheduling by Student

If you need to reschedule a class:
- Contact us at least 7 days in advance
- Provide your reason and preferred alternative date
- Rescheduling is subject to instructor and venue availability
- Rescheduled classes must be used within 12 months of original booking date

10.3 Company-Initiated Changes

We may reschedule or cancel classes due to:
- Instructor illness or emergency
- Insufficient enrollment
- Natural disasters or emergencies
- Public health concerns
- Venue unavailability

Students will be offered:
- Full refund
- Transfer to alternative class date
- Class credit for future use

10.4 No-Show Policy

If you do not attend a scheduled class:
- No refund will be issued (unless refund policy period applies)
- Class credit may be offered at our discretion
- Multiple no-shows may result in enrollment cancellation

11. MODIFICATIONS TO TERMS

We may modify these Terms and Conditions at any time. Modifications are effective immediately upon posting with an updated "Last Updated" date. Your continued use of our Site and services after modifications constitutes acceptance of the updated Terms.

If you do not accept modifications, you must stop using our Site and services. Material modifications will be communicated via email or prominent Site notice.

12. TERMINATION

12.1 Termination by Ginika Temple

We may terminate your account and access to services at any time, with or without cause, including for:
- Violation of these Terms and Conditions
- Non-payment of fees
- Fraudulent activity
- Violation of our intellectual property rights
- Disruptive or abusive conduct
- Any reason or no reason

Termination is effective immediately. Outstanding balances remain due.

12.2 Effect of Termination

Upon termination:
- Your right to access services ceases immediately
- Digital content access is revoked
- Class credits or remaining credits are forfeited
- Outstanding balances remain due and payable

12.3 Survival

Provisions regarding intellectual property, indemnification, limitation of liability, dispute resolution, and governing law survive termination.

13. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions continue in full force and effect.

14. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and any other agreements we may reference, constitute the entire agreement between you and Ginika Temple regarding your use of our Site and services. These Terms supersede all prior negotiations, understandings, and agreements, whether written or oral.

---

END OF TERMS AND CONDITIONS

These Terms and Conditions are effective as of January 1, 2025, and replace all previous terms and conditions.

By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.