RELEASE AND WAIVER OF LIABILITY AGREEMENT
RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND NO-CHARGEBACK AGREEMENT
Effective upon purchase, receipt, or use of any product.
By accessing any website, placing an order, accepting delivery, or using any product sold by Whitenicious or its affiliated brands (the “Company”), I agree to the following legally binding terms:
1. Voluntary Purchase and Use
I confirm that I am voluntarily purchasing and choosing to use cosmetic skincare, haircare, and/or skin brightening, lightening, or toning products for my personal use. I understand these products are elective and cosmetic.
2. Acknowledgment of Intended Cosmetic Effects
I understand and expect that use of the products may alter or affect my skin tone, complexion, or visible appearance. I request these changes voluntarily.
Results vary from person to person. No specific outcome, shade, or timeframe has been promised or guaranteed.
3. Assumption of All Risks
I knowingly and freely assume all risks, known or unknown, foreseeable or unforeseeable, including but not limited to:
• skin reactions
• sensitivity
• irritation
• allergic response
• uneven tone
• dissatisfaction with results
• misuse or application errors
I accept full responsibility for my decision to use the products.
4. Cosmetic Product – Not Medical Advice
I understand that the products are cosmetics, not medical treatments.
Statements made by the Company have not been evaluated by the U.S. Food and Drug Administration unless expressly stated.
The products are not intended to diagnose, treat, cure, or prevent any disease.
No employee, influencer, distributor, or representative is authorized to provide medical advice.
5. Release of Liability
On behalf of myself and my heirs, assigns, representatives, guardians, next of kin, and legal representatives, I forever release, waive, and discharge the Company and its owners, officers, directors, employees, contractors, affiliates, successors, and agents (the “Released Parties”) from any and all claims, including but not limited to:
• personal injury
• illness
• emotional distress
• cosmetic dissatisfaction
• loss of income
• reputational harm
• death
• property damage
arising from or related in any way to the purchase or use of the products.
6. Covenant Not to Sue
I agree that neither I nor anyone acting on my behalf will file a lawsuit, claim, arbitration, complaint, or legal proceeding against the Released Parties for any matter covered by this agreement.
7. No Refund Abuse / No Chargebacks
By making a purchase, I confirm that:
• I am the authorized cardholder or have authorization to use the payment method.
• I will not initiate a chargeback or payment dispute for products that were delivered or attempted to be delivered.
• Cosmetic dissatisfaction or change of mind does not constitute fraud or unauthorized use.
If I initiate a chargeback in violation of this agreement, I understand the Company may present this waiver to financial institutions as evidence of my informed and voluntary purchase.
8. International Customers
I understand that laws regarding cosmetics may differ in my country. By purchasing, I accept responsibility for ensuring the products are lawful to import and use where I reside.
I release the Company from liability relating to customs delays, seizures, duties, taxes, or regulatory differences.
9. Indemnification
I agree to indemnify and hold harmless the Released Parties from any loss, claim, or expense (including attorneys’ fees) resulting from my misuse of the products or breach of this agreement.
10. Knowing and Voluntary Agreement
By completing my purchase, I confirm that:
• I have read and understood this agreement.
• I understand I am giving up substantial legal rights.
• I agree voluntarily and of my own free will.
This is a binding legal contract.