Other Policies

Introduction and Legal Notice

Agreement and Acceptance

By visiting the Website or using the Products and Services, you (“User”, “You”, “Your”) acknowledge and agree to (1) these Terms of Use, and (2) Company’s Privacy Policy found on the Website and incorporated herein by reference. Your use of the Products and Services is expressly conditioned upon accepting and agreeing to these Terms of Use. If you find these terms unacceptable, you must immediately terminate your use of the Products and Services.

Modifications

The Company reserves the right to make changes to the Website, including its look, feel, format, and content, as well as the Products and Services, at any time and without notice. Any modifications become effective when posted. Each time you access the Website or use the Products and Services, it is your responsibility to review the current Legal Terms. Your continued use after changes is posted implies acceptance of the modifications.

Arbitration Notice

Except for certain disputes detailed in the Arbitration section below, you agree that disputes between you and the Company will be resolved through binding, individual arbitration, and you waive the right to participate in a class action lawsuit or class-wide arbitration.

Nothing in these Terms of Use shall confer any third-party rights or benefits.

Copyright And Limitations on Use

The Website, along with the Products and Services, is safeguarded by copyright as a collective work and/or compilation under U.S. copyright laws, international conventions, and other applicable laws. Unless otherwise indicated, any Content, such as graphic images, buttons, layout, trademarks, service marks, logos, text, and other materials found on the Website or the Products and Services, is the exclusive property of the Company or its third-party licensors.

Use Restrictions:

Unless expressly permitted in this section, you are prohibited from using, reproducing, modifying, transmitting, distributing, or publicly displaying any portion of the Website, the Products and Services, or their Content without the prior written permission of the Company. You are authorized to view, use, copy for your records, and download small portions of the Content for informational, non-commercial purposes, provided that all copyright notices, including copyright management information, or other proprietary notices remain intact. Storage, modification, reproduction, transmission, reverse engineering, or distribution of a substantial portion of the Content or the design, layout, or individual sections of the Content, in any form or media, is strictly prohibited. Systematic retrieval of data is also prohibited.

Commercial Use Restriction:

The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Website or the Products and Services without the prior written consent of the Company is strictly prohibited.

Account Information and Services Access

  1. Eligibility: The Products and Services are not available to Users who are suspended or removed from the Website. The company reserves the right to refuse registration or cancel any account or access to the Products and Services at its discretion, at any time.
  2. Account Management: Company accounts are accessed through a User ID and password created by the User (“Credentials”). Credentials are for the exclusive use of the User and must not be shared. Each User must have their own account, User ID, and Credentials. Users agree that provided information, including registration details, will be true, accurate, current, and complete. Users are responsible for maintaining the confidentiality of account passwords and for all activities in their accounts. Users must promptly notify the Company of any unauthorized use or security breaches.
  3. Unauthorized Use: Except as expressly permitted by Company, Users agree to access the Products and Services solely for their own purposes and not for resale or unauthorized distribution to any third party.
  4. Single User Account: Each account is designated for a single User. Sharing of accounts, User IDs, or Credentials is prohibited.

Usage Policy

License Grant:

Subject to Your acceptance and compliance with this Terms of Use and payment requirements, Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license under its intellectual property rights to access and use the Products and Services. This usage is solely in accordance with the terms and conditions outlined in these Terms of Use. New features provided by a Company that augment or enhance the current Products and Services are considered part of the “Products and Services” and are subject to these terms and conditions. You may not, and may not allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Products and Services for any purpose. Unauthorized third parties are not allowed access to the Products and Services for any purpose. All rights not expressly granted under these Terms of Use are retained by the Company.

Usage Restrictions:

You shall not use the Products and Services to:

  1. Circumvent or disable any technological features or security measures implemented in the Products and Services.
  2. Violate any law, published policy, or any applicable third-party policy or requirement communicated or otherwise made available by Company.
  3. Violate or infringe upon a Company’s or a third party’s Intellectual Property, publicity privacy, or other tangible or intangible rights, and/or use any material or content that is subject to third-party proprietary rights without a valid license.
  4. Transmit any illegal content.
  5. Use the Products and Services for benchmarking or any purpose other than necessary for the authorized use.
  6. Stalk, harass, harm another individual, engage in spamming, phishing, pharming, or other unsolicited advertising, marketing, or activities, including unsolicited phone calls, voicemails, or text messages.
  7. Engage in fraudulent activities or use the Products and Services to bypass phone identification systems.
  8. Use any type of malicious code or instructions designed to distort, delete, damage, emulate, or disassemble the Products and Services.
  9. Expose any third party to offensive, harmful, indecent, or objectionable material, regardless of whether such activity is lawfully permitted.
  10. Send communications, including email messages, on behalf of or purporting to originate on behalf of Company.
  11. Breach any duty of confidentiality owed to another User or any other person or entity.
  12. Company may impose additional restrictions upon notice or posting to the Website. The company reserves the right to suspend or terminate the Products and Services and/or these Terms of Use if, in the Company’s sole discretion, your use of the Products and Services violates the terms outlined in this Section 3.

Call Recording:

The company may call you regarding your account, and for such calls, you may be subject to a call recording. By continuing to use the Products and Services, you hereby consent to call recording, subject to any applicable laws and Company’s restrictions and obligations. This consent includes recording the entirety of such calls, irrespective of whether the Company requests your consent on a specific call. You acknowledge and agree that, to the extent permitted by applicable law, these recordings may be submitted as evidence in any legal proceeding in which the Company is a party.

Mobile Services

If you access the Products and Services through a mobile device, you agree that information about your use of the Products and Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Products and Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Products and Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Products and Services through your mobile access provider. Therefore, you should check with your provider to find out if the Products and Services are available and the terms for these services for your specific mobile devices.

By using any downloadable application to enable your use of the Products and Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

Termination

Company may terminate the right of any User to access the Products and Services at any time, with or without cause, in Company’s absolute discretion and without notice. Any statement in the Terms of Use or elsewhere on the Website of specific grounds for termination of a User’s right to access the Products and Services shall in no manner limit Company’s absolute right to terminate any User’s access to the Products and Services.

LINKS

Company may offer links to other web sites operated by other entities as a convenience to You in the belief that making hyperlinks available to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. Company makes no representation regarding the content or accuracy of any web site that You may access through the Website. The company does not monitor and is not responsible for the content found on other web sites that are linked from the Website. Inclusion of these links on the Website does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products, or advice described on any such web site. Accordingly, the Company assumes no responsibility or liability for the content of any linked sites. Before entering any linked site, you should review and understand that site’s privacy policy.

You may not link to the Website without the Company’s written permission.

No Warranties

YOU UNDERSTAND THAT THE COMPANY AND ITS PRODUCTS AND SERVICES ARE TOOLS TO ASSIST YOU PROVIDE YOUR SERVICES. THE COMPANY MAKES NO WARRANTIES THAT THE PRODUCTS AND SERVICES WILL BE SUCCESSFUL IN THAT REGARD. YOU AGREE THAT USING THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE, PRODUCTS AND SERVICES, AND ANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE, THE PRODUCTS AND SERVICES, OR ANY CONTENT. THE COMPANY HAS NO DUTY TO UPDATE THE CONTENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE OR THE PRODUCTS AND SERVICES, USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

YOUR USE OF THE CONTENT, WEBSITE, OR THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, OR RELIANCE ON THE CONTENT, WEBSITE, OR PRODUCTS AND SERVICES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PRODUCTS AND SERVICES, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PRODUCTS AND SERVICES OR THE WEBSITE. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND THE SERVICES OFFERED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE OR YOUR USE OF THE WEBSITE OR PRODUCTS AND SERVICES.

Indemnification

You agree to indemnify and hold harmless Company and Company’s subsidiaries, affiliates, directors, officers, agents, licensors, or other partners and employees, from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any content that You submit, post, or transmit to or through the Website or the Products and Services, Your use of the Products and Services, Your violation of these Terms of Use, or Your violation of any rights of another individual or entity.

Complaint Resolution Policy

BrightCraft Medical Spa, Inc.  is committed to being responsive to clients and customers, addressing concerns or complaints promptly and fairly. The Company acknowledges the right of clients and customers to voice complaints regarding the Company’s operations, services, staff, or third-party suppliers if their interests have been adversely affected.

Purpose:

The purpose of the Complaint Resolution Policy is to safeguard the rights of clients and customers, including the right to express concerns and complaints. This policy aims to establish an efficient and fair process for resolving complaints, monitor complaints to enhance the quality of operations and services, and provide an avenue for the Company to address and improve client satisfaction. Implementation of this policy will allow the Company to deliver superior service to dissatisfied clients and customers, ensure consistent management of complaints, and identify areas for improvement.

Key Objectives:

  • Client Rights: Protect the rights of clients and customers to voice complaints and comments.
  • Efficiency and Fairness: Provide an efficient and fair process for resolving complaints.
  • Quality Improvement: Monitor and address complaints to enhance the quality of operations and services.
  • Service and Satisfaction: Offer the Company an opportunity to address and satisfy dissatisfied clients and customers.
  • Consistent Management: Ensure a consistent method for managing, monitoring, and reporting complaints.
  • Identify Areas for Improvement: Use complaints as a tool to identify areas that require improvement.

The Company is committed to upholding the principles outlined in this Complaint Resolution Policy to maintain high standards of service, accountability, and client satisfaction.

Definitions

 

Complaint: Definition: An expression of dissatisfaction or concern regarding the services, operating procedures, staff, vendors, or the complaint handling process made by a client and customer.

Usage: A complaint may involve any aspect of the Company’s operations or services that has adversely affected the client and customer.

Complainant:  Definition: The person making the complaint.

Usage: The complainant is an individual or entity expressing dissatisfaction and seeking resolution from the Company.

Client and Customer:  Definition: The person or entity receiving advice, a service, or otherwise engaged in a business relationship with the Company.

Usage: Clients and customers are those individuals or entities with whom the Company has a business relationship, and their satisfaction is crucial to the success of the Company.

Complaint Log: Definition: Electronic or paper records of all incoming complaints, including information on the complainant and resolution of the complaint.

Usage: The complaint log serves as a documented record of all complaints, ensuring transparency, accountability, and the ability to track and analyze patterns for improvement.

These definitions provide clarity and understanding of key terms related to the Complaint Resolution Policy, ensuring consistent interpretation and application throughout the complaint handling process.

Complaint Process

 

All correspondence related to complaints should be directed as follows:

  • Via Email
  • Via First Class Mail

 

Response to complaints

 

Opening a Consumer Complaint Intake Form:

  • Process: A dedicated Consumer Complaint Intake Form will be initiated for each complaint.
  • Purpose: This form serves as a structured document to capture essential details of the complaint.

Logging Complaints:

  • Process: All complaints will be systematically recorded in the Company’s complaint log.
  • Purpose: Maintaining a comprehensive log facilitates tracking, analysis, and continuous improvement.

Initial Contact and Resolution Attempt:

  • Process: The Complaint Resolution Team will make the first contact with the complainant.
  • Timeline: Resolution attempts will be made during this initial contact whenever possible.

Response within 3 Business Days:

  • Timeline: The Complaint Resolution Team commits to responding to client and customer concerns within 3 business days of receiving the initial complaint.
  • Content: The response will acknowledge the complaint and outline initial steps taken.

Notification of Extended Research Time:

  • Process: If additional time is required to investigate the complaint, the Complaint Resolution Team will inform the client and customer during the first contact.
  • Purpose: Transparent communication about the expected timeframe for resolution.

This procedure ensures a prompt and organized approach to handling consumer complaints, emphasizing efficiency, transparency, and timely communication with the complainant.

 Handling Unresolved Complaints

 

Escalation to President:

  • Condition: If the complaint remains unresolved after communication with the Complaint Resolution Team or if the initial complaint is not addressed promptly.
  • Action: The complainant may escalate the matter by contacting the Company’s President at the provided email address.

President’s Involvement:

  • Response Time: The President commits to initiating contact with the client and customer within 3 business days after receiving the escalated complaint.
  • Resolution Efforts: The President will undertake efforts to understand and resolve the complaint satisfactorily.
  • This escalation process is designed to address situations where initial resolution attempts are unsuccessful or if the complaint requires the attention of higher management. The involvement of the President underscores the Company’s commitment to resolving issues in a timely and effective manner.

Complaint Log Review and Continuous Improvement

 

Regular Review:

  • Frequency: The Company’s complaint log will be systematically reviewed at regular intervals.
  • Objective: Identify patterns, trends, and areas requiring improvement in the Company’s operations and services.

Research and Recommendations:

  • Responsibility: The Company Complaint Resolution Manager will lead the research into recurring complaint matters.
  • Recommendations: Propose process and procedure changes to address identified issues effectively.

Documentation and Updates:

  • Logging Changes: Document recommended changes on the Complaint Resolution Log.
  • Policy and Procedure Updates: Update Company policies and procedures within 15 business days to reflect necessary improvements.

This proactive approach ensures that the Company learns from client and customer feedback, continuously enhances its operations, and strives for ongoing improvement in the delivery of services.

Last updated: 1/31/24