Happy Head

Terms & Conditions

Last Updated: December 3, 2021

By using this Website, you acknowledge that you have read, accepted, and agree to be bound by these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”). These Terms and Conditions unconditionally extend and apply to all related applications, Internet service, Website extensions, as well as certain products and/or services offered through virtual medical consultation and evaluation services via Internet and/or telemedicine (“Service”, or “Platform”) sold and/or offered by Happy Head, Inc. (“Happy Head”, or “Company”). If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website and/or Service, and you may discontinue use immediately.

Agreement to Terms and Conditions

Terms and Conditions contained in this page shall govern your use of the Website and all of its content (collectively referred to herein as “Website”).  These Terms outline the rules and regulations guiding the use of the Website located at https://www.happyhead.com/.  All materials, information, documents, and/or services or all other entities (collectively referred to as “Content”) that appear on this Website shall be administered subject to these Terms and Conditions.  These Terms and Conditions apply in full force and effect to your use of this Website, and this Website constitutes an express agreement with all the Terms and Conditions contained herein in full.  Supplemental terms and conditions or documents that may be posted time to time are hereby expressly incorporated herein by reference.  The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.  Do not continue to use this Website and/or Service if you have any objection to any of the Terms and Conditions stated on this page.  

Your Relationship with Happy Head

Happy Head makes available to individuals who register as users of the Service (“Users”) certain products and/or services sold and/or offered by Happy Head, or by third-party medical providers, pharmacies, or other vendors of the Company’s Service.  The Company’s Service provides access to prescription fulfillment services offered by the following pharmacy: EHT Pharmacy LLC dba Curexa (the “Pharmacies”).  The Company may also provide you with access to one or more of the following medical groups who provide healthcare and/or other health services through the Platform (the “Medical Groups”): Kulanite Specialized Services Inc.  These Medical Groups employ or contract with medical doctors, physicians, and other health professionals who offer certain healthcare and/or other health services through the Platform (“Providers”, or “Health Counselors”).  By accepting this Agreement, you acknowledge and agree that any services you receive from the Labs, Pharmacies, Medical Groups or Providers through the Platform are also subject to this Agreement, and that the Labs, Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement. 

The Company does not control or interfere with the method and manner of facilitation and/or practice of medicine or other health care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care, health care, and/or treatment they provide to you.  By accepting this Agreement, you acknowledge and agree that Happy Head is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Happy Head.  By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.   Further, the Company does not control or interfere with any professional service provided by the Labs and Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service. 

By accepting this Agreement, you acknowledge and agree that the Medical Groups and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment.  You understand and agree that Happy Head is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service.  You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Happy Head nor the Medical Group nor any Provider will be responsible in any way and you will not hold Happy Head, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group(s) or your Provider(s). 

While you are not establishing a doctor-patient or other health care provider-patient relationship with Happy Head, by using the Service, you are establishing a direct customer relationship with Happy Head to use the Service, including the purchase of any prescription and/or non-prescription products and/or non-medical services sold directly to you by Happy Head via the Service.  In connection with such relationship, you may provide to the Company, or cause to be provided to the Company on your behalf, personal information, including health information, that is subject to use by the Company in accordance with its Privacy Policy.  Please refer to the “Privacy Policy” section on the Company’s Website.

Shipping

Happy Head currently does not ship internationally.  Happy Head reserves the right to reject orders where the delivery address is outside of the USA. 

Your first order will not be processed or shipped until you’ve uploaded your driver’s license and photographs of your head and hairline.  Monthly subscriptions are shipped to you every twenty-five (25) days to ensure that you receive another month’s supply of product on time and before you run out.  If you find you have too much product, you may pause your subscription at any time.  Happy Head finds that having extra product comes in handy for travel.  Your next order will not be processed as long as your subscription is paused at least three (3) days prior to your next billing date. 

Unless otherwise stated on the Website and/or Platform at the time of purchase, Happy Head reserves the right to add applicable shipping and handling fees to your order.  Once your order is ready to be shipped, you will receive an email with a tracking number.  Although Happy Head may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.  Happy Head is not liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by Happy Head.  Once Happy Head has released your order to a third-party carrier or delivery service, you are responsible for any issues with delivery.  Happy Head is not liable for delivery addresses entered incorrectly by the customer or third party on behalf of the customer.  Please make sure to double check that you have inserted your delivery address correctly at checkout.  If you need to make changes to your delivery address, you must do so at least three (3) days before your next billing date.

Disclaimer

Results may vary per patient and are not guaranteed. The information on this Website and articles does not constitute medical advice and should only be used for informational purposes only.  The information on this Website and articles is not a substitute for professional medical advice and should not be relied on to make medical decisions.  Please make sure to discuss the risks and benefits of any treatment with your primary physician before beginning treatment. 

Drug Side Effects Full Disclosure and Notice

The drugs, medications, and compounded formulas Happy Head provides as hair loss treatment have side effects that all patients should be aware of prior to starting treatment.  The side effects include, but are not limited to, the lists provided in the materials and emails supplied with your order.  If you do not see them included, please contact Happy Head immediately so that the Company can re-send them to you.  By using Happy Head, Users agree that in no event shall Happy Head, its officers, directors, employees, health counselors, independent contractors or staff physicians or agents, be liable to you for any direct psychological, emotional, indirect, incidental, financial, special, punitive, or consequential damages whatsoever (including death) resulting from the purchase and use of products sold on this Website and/or Service. 

Health Counselors

Users understand and agree that Happy Head is not responsible for any information provided by any Health Counselors.  Happy Head does not provide any medical services.  Among other activities, Happy Head provides a technology platform to enable coordination and communication with a health care provider.  You understand that by coordinating and/or consulting with a healthcare provider through the Happy Head platform, you are not entering into a provider-patient relationship with Happy Head nor its Health Counselors as defined under US federal and state laws. 

Whenever Happy Head uses the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider,” or similar words, including in this Agreement, the Company is referring to your primary care physician with whom you have of a mutually acknowledged, doctor-patient relationship within the state that you reside.  Health Counselors on the Happy Head platform are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist.  Consultations with the Company’s doctors do not replace your relationship with any physician.

Accounts, Passwords, and Security

Certain features or services offered on or through the Website may require you to open an account (including setting up an email and/or username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Happy Head immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Happy Head or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Happy Head cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Happy Head takes your privacy and the security of your health and other sensitive information very seriously. By using the Website, you acknowledge and agree that the transmission of information over the Internet and mobile networks is never completely private or secure. You understand that any message or information you send to Happy Head and/or the Website may be read and intercepted by others, even if there is a special notice that a particular transmission is encrypted. Text messages and emails that you send to or receive from Happy Head are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending and/or receiving text messages between you and Happy Head, that are not encrypted. Likewise, by emailing Happy Head or giving Happy Head your email, you consent to receiving unencrypted emails messages from Happy Head.

Cancellations, Payments, and Recurring Payments

Your payment must be accepted before you may use the Software and any of its related products or services.  Happy Head may require additional information regarding your license request/order if any required information was missing or inaccurate.  Failure to provide complete and accurate information may result in your order being cancelled or limited any time after it has been placed.  Fees are paid in advance in full and charged automatically by Happy Head to your provided payment method.  Failed or late payments may cause immediate suspension from the Software and all of its related products and/or services.  By submitting your card or payment related information, you grant to Happy Head the right to provide such information to third-party processors in order to complete the transaction initiated or authorized by you or on your behalf. 

By providing an accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Happy Head (or the Company’s third-party payment processor) to charge your payment method for the total amount of your subscription or purchase total (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).  If you wish to change or update your payment method, you can do so at any time by logging into your account.  If a payment is not successfully settled and you do not update your payment method or cancel your Subscription, you remain responsible for any uncollected amounts and, with respect to your Subscription, authorize Happy Head to continue billing the payment method, as it may be updated. 

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize Happy Head (or the Company’s third party-payment processor) to charge your payment method for the corresponding amount. 

All prices on this Website and/or Service are shown in U.S. dollars and do not reflect any applicable taxes and other charges.  You will be provided advanced notice regarding any changes to the amounts or other charges associated with Happy Head’s various subscription plans.  Happy Head reserves the right to adjust prices at the Company’s sole discretion, at any time and without notice or limitation, based on geographic or other criteria as the Company may establish from time to time. 

When visiting the Website, you have the option of licensing the Software and may have the option of purchasing other product(s) or service(s) at one time (e.g., a 12-month Software License) through the Company’s Auto-Replenish plan, wherein the payment method you provided at the time you entered into your Software License with Happy Head is automatically charged on subsequent dates chosen by you to renew your Software License, or replenish your product(s)/service(s) until you cancel.  Please see below for recurring or Auto-Replenish orders that have already been processed or shipped. 

After signup, your My Account and My Subscription page will show your last order date and future payment dates.  You can cancel, change address, renew, or change payment method from this page by logging in.  ANY ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR UPCOMING PAGE, HOWEVER, CANNOT BE CANCELLED.  In order to cancel your upcoming order before it is processed or shipped, you must contact Happy Head at least three (3) days before the next billing date.  You will be responsible for all charges (including any applicable taxes and other changes) related to any order identified as “processing” or “shipped” prior to the cancellation of your subscription. 

If you are enrolled in the Auto-Replenish plan at the time of your initial Software license and have provided a valid payment method, each payment will be automatically processed at the time of each Software license renewal or installment and be billed to the payment method provided at the time of your enrollment into the Auto-Replenish plan. 

IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTO-REPLENISH PLAN, YOU MUST CANCEL YOUR MONTHLY SUBSCRIPTION AT LEAST THREE (3) DAYS PRIOR TO THE NEXT DATE OF BILLING (“BILL DATE”) TO ENSURE PROCESSING. You may do so by emailing [email protected] or by logging into the Website and selecting the cancel option under the My Subscription page. 

If you decide to cancel services after completing your doctor’s appointment but before receiving the product shipment, a $49.00 early cancellation fee will be assessed to your provided payment method, in addition to your order total.

Other Terms

Happy Head reserves the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  Happy Head shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. 

Certain products or services may be available exclusively online through the Website.  These products or services may have limited quantities and are subject to return or exchange only according to the Company’s Return and Refund Policy: https://www.happyhead.com/Refund_Policy/

Happy Head does not accept orders from dealers, wholesalers, or customers who are resellers. Note that resale of Happy Head’s products is a violation of terms and your services will be cancelled without refund should the Company detect such behavior. 

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them.  Specifically, neither these Terms nor the Company’s Privacy Statement apply to Happy Head’s External Social Media Presence.  The Website(s) and platforms that host Happy Head’s Social Media Presence are not controlled by the Company and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Happy Head.  Comments that some would consider inappropriate or offensive may appear on Happy Head’s Social Media Presence and may remain there until they have been identified by the Company or called to the Company’s attention and the Company is able to work through the necessary procedures and technical processes to have them removed.  If you see an offensive or inappropriate post or comment on Happy Head’s Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. 

Happy Head acknowledges and agrees that before initiating any claim against the other, the Company agrees to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution.  You may send the written description of any dispute you have with Happy Head by e-mail to [email protected]  Happy Head will contact you by letter at the billing address or email address you provided to the Company.  You agree to negotiate with Happy Head or its designated representative in good faith about your problem or dispute.  If for some reason the dispute is not resolved within sixty (60) days after receipt of the written dispute, Happy Head agrees to the dispute resolution provisions below. 

Happy Head will notify you if any item is not available with the expected availability date and may offer you an alternative product.  If the availability of the Software or any product or service is delayed and you do not wish to substitute the product/service, Happy Head will cancel your order upon your request, and if previously charged, your credit card will be fully refunded for that specific order. 

Refer-a-Friend Program

As a Refer-a-Friend member (a “Referrer”), you are subject to Happy Head’s Terms of Use and Happy Head’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Happy Head’s Refer-a-Friend program:

Qualified Referral. A Qualified Referral is defined as a purchase made at www.happyhead.com by a person (a “Referred Customer”) who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete a purchase. A purchase is only complete once the Referred Customer has submitted photos of their hair loss and their driver’s license. 

Reward Payments. Rewards are payable in increments of $50. The maximum Qualified Referrals earned per calendar year may be no more than 10 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals only. Happy Head’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Happy Head’s sole discretion. 

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Happy Head’s Refer-a-Friend program.

Right to Close Accounts. Happy Head reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Happy Head Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. Happy Head reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Disclaimer of Warranties

THE SOFTWARE, WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY HEAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “HAPPY HEAD PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE, WEBSITE AND PRODUCTS.