Terms and Conditions
1. Interpretation and Definitions
1.1 Interpretation
Words with capitalized initial letters have defined meanings. These definitions apply whether terms appear in singular or plural form.
1.2 Definitions
For the purposes of these Terms and Conditions:
Affiliate means any entity that controls, is controlled by, or is under common control with a party. "Control" means ownership of 50% or more of shares, equity interest, or other securities entitled to vote for election of directors or managing authority.
Country refers to Belgium.
Company (referred to as "the Company", "We", "Us", or "Our") refers to Bright n' Kind.
Device means any device that can access the Service, including computers, cellphones, or digital tablets.
Service refers to the Website and the digital services offered therein.
Terms and Conditions (also referred to as "Terms") refer to these Terms and Conditions, which form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to Bright n' Kind, accessible from www.brightnkind.com.
You refers to the individual accessing or using the Service, or the company or legal entity on whose behalf the individual is accessing or using the Service.
2. Acknowledgment
These Terms and Conditions govern the use of the Service and establish the agreement between You and the Company. By accessing or using the Service, You confirm that You have read, understood, and accepted these Terms.
If You do not agree to these Terms, You may not access or use the Service.
You confirm that You are over the age of 18. The Company does not allow individuals under 18 to use the Service.
Your use of the Service is also subject to the Privacy Policy, which describes how We collect, use, and disclose Your personal information. Please review our Privacy Policy before using Our Service.
3. Purchases and Payments
3.1 One-Time Purchases
The Website offers digital services that may be purchased as a one-time payment. Prices for such services are displayed on the Website and are subject to change at any time.
3.2 Payment Processing
Payments are processed securely through third-party payment processors. By making a purchase, You agree to provide accurate and complete payment information. We are not responsible for any transaction failures due to incorrect payment details, insufficient funds, or issues with third-party payment processors.
3.3 No Refunds
Unless otherwise required by applicable law, all sales are final, and We do not provide refunds once a service has been purchased and delivered. If You experience an issue with Your purchase, please contact Us via our Contact Us page.
4. Intellectual Property
4.1 Ownership of Content
All content available on the Website, including but not limited to logos, visual designs, trademarks, text, graphics, images, software, and any other proprietary information (collectively, "Intellectual Property"), is and remains the exclusive property of Bright n' Kind and is protected under Belgian and European Union intellectual property laws.
4.2 Restrictions
You may not copy, reproduce, modify, distribute, sell, or otherwise exploit any part of Our Intellectual Property without Our prior written consent.
4.3 Third-Party Infringement
If You believe that Your intellectual property rights have been infringed on the Website, please contact Us immediately with detailed information about the alleged infringement.
5. Promotions, Contests, and Sweepstakes
5.1 Promotions and Special Offers
We may offer promotional discounts, limited-time offers, or special deals. These promotions will have specific terms, which will be clearly stated on the Website at the time of the offer. We reserve the right to modify or discontinue promotions at any time without prior notice.
5.2 Contests and Sweepstakes
From time to time, We may host contests or sweepstakes. Participation in such activities is subject to separate rules, which will be published with each contest.
Participation in promotions, contests, or sweepstakes is voluntary.
Prizes (if applicable) are non-transferable and cannot be exchanged for cash.
We reserve the right to disqualify participants who do not comply with the contest rules.
For questions regarding promotions or contests, You may contact Us through our Contact Us page.
6. Links to Other Websites
Our Service may contain links to third-party websites. The Company assumes no responsibility for the content, privacy policies, or practices of third-party sites.
We strongly recommend that You review the terms and privacy policies of any third-party website You visit.
7. Termination
We may terminate or suspend Your access to the Service immediately and without notice if You violate these Terms.
Upon termination, You must stop using the Service immediately.
8. Limitation of Liability
To the maximum extent permitted by law, We and Our suppliers shall not be liable for:
Indirect, incidental, or consequential damages, including lost profits, data loss, or business interruption.
Any damages exceeding 100 USD or the amount You paid for the Service.
Some jurisdictions do not allow certain liability limitations. In such cases, liability will be limited to the greatest extent permitted by law.
9. Governing Law
These Terms are governed by the laws of Belgium, excluding conflict of law principles.
10. Dispute Resolution
If You have concerns or disputes regarding the Service, You agree to first attempt an informal resolution by contacting Us.
For EU users, mandatory consumer protection laws of Your country of residence may apply.
11. United States Legal Compliance
You confirm that:
You are not in a country subject to a United States government embargo or designated as a terrorist-supporting country.
You are not listed on any U.S. government prohibited or restricted parties list.
12. Severability and Waiver
12.1 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.
12.2 Waiver
Failure to enforce any provision of these Terms does not waive Our right to enforce it later.
13. Changes to These Terms
We may update these Terms at any time. If a change is significant, We will provide at least 30 days' notice before it takes effect.
Your continued use of the Service after changes take effect means You accept the revised Terms. If You do not agree, You must stop using the Service.
14. Contact Us
For any questions about these Terms and Conditions, You can contact Us at:
https://brightnkind.com/contact
This version now explicitly covers one-time payments, intellectual property rights, and promotions/contests while remaining legally sound for use in Belgium and the EU. Let me know if You need any further modifications!
Last updated: February 26, 2025
Please read these Terms and Conditions carefully before using Our Service.