Terms of Service

OVERVIEW
This MVA website(s) is operated by Michael Vincent Academy, Inc. (MVA). Throughout the MVA website(s), the terms “MVA”, “us” and “our” refer to Michael Vincent Academy, Inc. (MVA). Michael Vincent Academy offers this MVA website(s), including all information, tools and services available from this MVA website(s) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our MVA website(s) and/ or purchasing something from MVA, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the MVA website(s), including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before using the MVA website(s). By accessing or using any part of the MVA website(s), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to any online store linked to from the MVA website(s) shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. MVA reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our MVA website(s). It is your responsibility to check this page periodically for changes. Your continued use of or access to the MVA website(s) following the posting of any changes constitutes acceptance of those changes.

The MVA store is hosted by WooCommerce and/or Shopify Inc. which provides the online ecommerce platform to allow the sales of MVA products and services. The online course delivery is provided by Thinkific.com. In addition, MVA may use other third party services for the MVA website(s) and/or distribution of learning modules and/or online stores and reserves the right to change third party services at any time.

SECTION 1 – RIGHT OF USE
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the parent/guardian and you have given MVA your consent to allow any of your minor dependents to use the MVA website(s).

You may not use MVA products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
MVA reserves the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any MVA materials and/or service, or use of the Service, or access to the Service or any contact on the MVA website(s) through which the service is provided, without express written permission by MVA.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
MVA is not responsible if information made available on this MVA website(s) is not accurate, complete or current. The material on this MVA website(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this MVA website(s) is at your own risk.

This MVA website(s) may contain certain historical information and may not be current and is provided for your reference only. MVA reserves the right to modify the contents of this MVA website(s) at any time, but has no obligation to update any information on our MVA website(s). You agree that it is your responsibility to monitor changes to our MVA website(s).

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

MVA reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

MVA shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the MVA website(s). These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

MVA has made every effort to display as accurately as possible the colors and images of our products that appear at the store. MVA cannot guarantee that your computer monitor's display of any color will be accurate.

MVA reserves the right, but is not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. MVA may exercise this right on a case-by-case basis. MVA reserves the right to limit the quantities of any products or services that MVA may offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of MVA. MVA reserves the right to discontinue any product at any time. Any offer for any product or service made on this MVA website is void where prohibited.

MVA does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - PAYMENTS

If you choose to pay course fees in future installments, you are obligated and agree to continue to make your scheduled payments until the entire tuition amount has been paid.

Tuition installment payments are processed according to a fixed schedule. It is your responsibility to ensure the credit card provided has sufficient funds to cover your monthly tuition payment. It is your responsibility to inform MVA with any possible future credit card problems in processing your payment.

Purchases on any MVA website, including the Thinkific MVA and the MVA WooCommerce and/or MVA Shopify website involves the use of a third-party payment processor, such as Stripe, Authorize.Net, or other secure processors chosen by MVA. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our MVA website and related courses and its service providers.

MVA reserves the right to refuse any order you place with us. MVA may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that MVA makes a change to or cancels an order, MVA may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. MVA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 7 – SHIPPING
All physical course materials that may be included with the purchase of an online course and/or an on-site course are shipped within three (3) business days from the date of enrollment and delivery expected within ten (10) business days.

SECTION 8 – REFUNDS
You have three (3) days from the date of purchase of online courses to examine the course and materials. If you are not entirely satisfied, you may request a refund and the request will be reviewed by MVA.

If a refund is approved, only the portion of the course pertaining to online instruction and/or in-house training will be refunded. Any physical materials, (such as make-up kits) will not be refunded and the value of the materials will be deducted from any approved refund amount.

Partial refunds are not available. If a course has started, you may apply for an extension and/or a hiatus for up to one (1) year.

Refunds are not available for any reason that may be deemed to be Force Majeure (eg: Covid-19). In any such instance, training will be either delayed or for in-house courses, an alternative online course will be offered.

SECTION 9 – COURSE REQUIREMENTS
You have one (1) year to complete your courses unless an extension is requested and granted by MVA.

Courses require assignments to be completed and submitted for grading to allow you to be eligible to receive grading. Completed courses with a passing grade, and all associated fees/tuition costs for the courses being paid in full, will result in you receiving a certificate.

Course assignments are allowed to be resubmitted until a passing grade is achieved.

MVA shall provide communication systems to interact and consult with instructors. MVA reserves the right to offer personal consultations with tutors when MVA deems necessary.

SECTION 10 – MVA CANCELLATIONS

MVA reserves the right to cancel all access to online courses and/or in-house courses for any form of cheating, plagiarism and/or violation of copyright by a student or for any form of abusive, threatening or offensive behavior.

SECTION 11 - OPTIONAL TOOLS
MVA may provide you with access to third-party tools over which MVA neither monitor nor have any control nor input.

You acknowledge and agree that MVA provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. MVA shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the MVA website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

MVA may also, in the future, offer new services and/or features through the MVA website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links may direct you to third-party MVA websites that are not affiliated with MVA. MVA is not responsible for examining or evaluating the content or accuracy of such links and is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at MVA request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that MVA may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. MVA are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related MVA website.

SECTION 14 - PERSONAL INFORMATION & PRIVACY STATEMENT
MVA will collect the personal information you give us such as your name, address, phone number, and email, when you enroll as a student for online learning and/or inhouse courses.

MVA may send you emails about our MVA and related course(s), registration, course content, your course progress or other updates. MVA may also use your email to inform you about changes to the course, survey you about your usage, or collect your opinion. You have the right to opt-out at any time from receiving email by emailing [email protected].

MVA may disclose your personal information if MVA are required by law to do so.

SECTION 15 - COOKIES
MVA and/or any of the third party sites/services that MVA may utilize will collect cookies or similar tracking technologies. This information can be used to track your session on the MVA website pages and/or affiliated pages. Cookies may also be used to customize the content for you as an individual. If you are using one of the common Internet website browsers, you can set your browser to inform you a cookie is received or to deny cookie access to your computer.
Opting out: You can opt out of targeted ads or any service.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our MVA website or in the manuals, or in services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, availability and more. MVA reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related MVA website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
MVA does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free or that the results that may be obtained will be accurate.

In no case shall MVA, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If in our sole judgment you fail, or MVA suspect that you have failed, to comply with any term or provision of these Terms of Service, MVA also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against MVA.

SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby MVA provide you Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. MVA reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our MVA website. It is your responsibility to check our MVA website periodically for changes. Your continued use of or access to our MVA website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].

Privacy Policy

This Privacy Policy describes how makeupschools.com a division of Michael Vincent Academy, Inc.  (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processors which may include Stripe, WooCommerce, Shopify, PayPal Partial.ly. and/or Thinkific.

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers) email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor(s) Stripe, WooCommerce, Shopify, PayPal, Partial.ly. and/or Thinkific.

Customer support information

• Examples of Personal Information collected: name, address, phone number, email.
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.

Minors

The Site is not intended for individuals under the age of eighteen (18). We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above.

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
• FACEBOOK - https://www.facebook.com/settings/?tab=ads

• GOOGLE - https://www.google.com/settings/ads/anonymous

• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store
Name
Function
_ab
Used in connection with access to admin.
_secure_session_id
Used in connection with navigation through a storefront.
cart
Used in connection with shopping cart.
cart_sig
Used in connection with checkout.
cart_ts
Used in connection with checkout.
checkout_token
Used in connection with checkout.
secret
Used in connection with checkout.
secure_customer_sig
Used in connection with customer login.
storefront_digest
Used in connection with customer login.
_shopify_u
Used to facilitate updating customer account information.
Reporting and Analytics
Name
Function
_tracking_consent
Tracking preferences.
_landing_page
Track landing pages
_orig_referrer
Track landing pages
_s
Shopify analytics.
_shopify_fs
Shopify analytics.
_shopify_s
Shopify analytics.
_shopify_sa_p
Shopify analytics relating to marketing & referrals.
_shopify_sa_t
Shopify analytics relating to marketing & referrals.
_shopify_y
Shopify analytics.
_y
Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
Michael Vincent Academy, Inc. 1138 S Broadway, Los Angeles CA 90015, United States

Last updated: 02-02-2021
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority.



Makeup Kit Policy

Michael Vincent Academy (MVA) MAKEUP KIT POLICY

SECTION 1 - SUBSTITUTIONS
Crown Brush (Manufacturer) and MVA (Seller) reserve the right to make substitutions to the makeup kit contents if needed. Should a kit item need to be substituted, it will be substituted with item(s) of equal quality and value.

SECTION 2 - REPLACEMENT POLICY
Crown Brush (Manufacturer) warrants to the original Purchaser that new products will be free from defects in material and workmanship for a period of two(2) days from date shipment is received. Replacement products will be new.

Crown Brush (Manufacturer) and MVA (Seller) obligations under this warranty are limited to replacement of products that are determined by Manufacturer to be defective. This warranty does not include normal wear. Purchaser shall not use any product that is considered to be defective without first notifying the Manufacturer in writing of their intent to do so. Any such use of the product will be at the Purchaser’s sole risk and liability.

Crown Brush (Manufacturer) and MVA (Seller) make no other warranty or representation of any kind, express or implied, and all implied warranties of merchantability and fitness for a particular purpose with respect to the product are disclaimed.

SECTION 3 - REFUNDS
The makeup kit and any/all associated fees paid are “non-refundable”.

Course Refund Policy

Michael Vincent Academy, Inc. (MVA) COURSE REFUND POLICY

You have three (3) days from the date of purchase of online courses to examine the course and materials. If you are not entirely satisfied, you may request a refund and the request will be reviewed by MVA.

If a refund is approved, only the portion of the course pertaining to online instruction and/or in-house training will be refunded. Any physical materials, (such as make-up kits) will not be refunded and the value of the materials will be deducted from any approved refund amount.

Partial refunds are not available. If a course has started, you may apply for an extension and/or a hiatus for up to one (1) year.

Refunds are not available for any reason that may be deemed to be Force Majeure (eg: Covid-19). In any such instance, training will be either delayed or for in-house courses, an alternative online course will be offered.