TERMS OF SERVICE
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BEAUTYFRIEND, LLC (“BEAUTYFRIEND” OR “WE” OR “OUR” OR “US”), THE OWNER OF THE BEAUTYFRIEND APPLICATION (THE “APP”). BEFORE ACCESSING, DOWNLOADING OR USING ANY PART OF THE APP, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE APP AND ANY SERVICES, CONTENT, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE APP OR USED IN CONNECTION WITH THE APP. THESE TERMS ALSO SET OUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASES, INCLUDING IMPORTANT LIMITATIONS AND EXCLUSIONS. BEAUTYFRIEND IS WILLING TO LICENSE AND ALLOW THE USE OF THE APP ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE APP AND ARE INSTRUCTED TO DELETE OR OTHERWISE REMOVE THE APP FROM YOUR MOBILE DEVICE IMMEDIATELY.
TERMS AND CONDITIONS
Description of the Service
The App provides you with the ability to browse among variety of beauty-related services, (the “Services”), fulfilled by particular vendors (the “Service Provider(s)). The App also allows you to select a Service, and to schedule an appointment with a Service Provider on a specific date, at a specific time, and at a location of your choosing. In order to find Services available in your area, you will need to either enter your current location, or allow the App to track your location via the GPS receiver installed on the mobile device (smart phone) on which you have downloaded the App.
The use of the App is free of charge. BeautyFriend reserves the right to introduce a fee for the use of the App, and if we decide to introduce such a fee, we shall inform you accordingly and allow you to either continue to use the App under new conditions, or if you do not agree, we will terminate your access to the App.
You can download the App and view the Service offerings without being required to register. If you wish to purchase a Service, you will need to register and setup an account with BeautyFriend. As part of the registration process, you will be asked to provide certain information about yourself, including name, address, phone number, email address and payment information. You will also be asked to create a user name and password. The username and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for the App to authenticate you as a registered user of BeautyFriend. Once authenticated, you will be able to make purchases. You may not have more than one active set of Credentials. Additionally, You are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BeautyFriend has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). If you use the App, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately - by emailing us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security.
You have to be 18 years of age or older to use the App to purchase a Service; if you are between 13 years to 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to download, access or use App and any of the Services. If you reside in a jurisdiction that restricts the use of the App or the purchasing of the type of Services offered because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the App if you are not permitted to do so by such local jurisdiction.
You must pay for the Services through the App at the time you place the order for the Service. BeautyFriend will send you a proof of purchase of the Services to the email address you provided to us when you registered and setup your account.
BeautyFriend allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide BeautyFriend with your payment information, BeautyFriend will obtain a pre-approval from credit card companies for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Once your order has been accepted and processed, we will send you confirmation to the email address you provided indicating the relevant details related to your purchase. Your receipt will be the order confirmation.
BeautyFriend accepts American Express, MasterCard, Discover and Visa with a billing address within the United States. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. We will require the credit, debit, or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Products/Services and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay BeautyFriend for charges, BeautyFriend reserves the right to obtain payment from you directly and to immediately suspend or terminate your account.
Pricing, Taxes, Pricing Errors
All prices offered are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on the App or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
Cancellation Policy; Refunds
We offer a full refund for cancellations up to 24 hours prior to the appointment. Cancellations within 24 hours of the appointment will not receive a refund. You will also be refunded should the Service Provider be unable, for any reason, to provide you with the requested Services.
Services/Service Provider Acknowledgments
Although the App provides you the ability to review and select Services, you hereby acknowledge and understand that the Service Provider has sole and complete discretion to either accept or reject your request for Services. Additionally, you acknowledge and understand that BeautyFriend itself does not provide any of the Services, and therefore does not have any control – and as such makes no representations, warranties, promises or other guarantee – as to the quality, performance or timeliness of any Service or Service Provider. The quality of the Services requested through the use of the App is entirely the responsibility of the Service Providers who ultimately provide such Services to you. However, you agree to notify BeautyFriend in the event that there are any complaints or disputes about the Services or a Service Provider.
Notwithstanding the foregoing, you also acknowledge and understand that BeautyFriend is solely in the business of connecting you with willing Service Providers, and further that BeautyFriend, under no circumstance, accepts liability in connection with and/or arising from the Services provided by the Service Providers or any acts, omissions, action, behavior, conduct, and/or negligence on the part of such Service Providers. You acknowledge and understand that BeautyFriend would not be offering you any Services or Products but for these acknowledgments, and you hereby accept such allocation of risk.
By downloading, accessing, or using the App you represent that you are at least that either 18 years of age or more, or you are 13 years to 18 years of age and have your parent(s)’ or legal guardian(s)’ permission to download, access or use App. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the App. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the App is solely at your own risk. While BeautyFriend has endeavored to create a secure and reliable App, you should understand that the confidentiality of any communication or material transmitted to/from the App over the Internet or other form of global communication network cannot be guaranteed. Accordingly, BeautyFriend is not responsible for the security of any information transmitted to or from the App. You agree that BeautyFriend is not responsible or liable for the conduct, postings, sharing or communications of any other user.
The App is provided by BeautyFriend, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Your use of the App and any Services, materials or information made available through the App, is conditioned on your continued compliance with the terms and conditions of this TOS.
This TOS provides only a limited license to access and use the App. Accordingly, you expressly acknowledge and agree that BeautyFriend transfers no ownership or intellectual property interest or title in and to the App to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the App, unless otherwise indicated, are owned, controlled, and licensed by BeautyFriend and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, BeautyFriend does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the App may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that BeautyFriend does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of BeautyFriend’s trademarks. This App is Copyright © 2013 BeautyFriend. All rights reserved. BeautyFriend also owns a copyright in the contents of the App as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the App. BeautyFriend, the BeautyFriend logo, and all other names, logos, and icons identifying BeautyFriend and its programs, products, and services are proprietary trademarks of BeautyFriend, and any use of such marks, including, without limitation, as domain names, without the express written permission of BeautyFriend is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
Reservation of Rights
BeautyFriend reserves the right in its sole discretion and at any time to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the App, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the App or to comply with applicable law. BeautyFriend shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the App.
You hereby acknowledge, and represent and warrant, that your use of the App or any related Services will not be, or alleged to be:
- unlawful, unauthorized, fraudulent or malicious in purpose;
- a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
- invade another’s right of privacy or publicity;
In addition, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity;
- violate any applicable local, state, national or international law;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or App in any way;
- modify or make derivative works based upon the App;
- create Internet “links” to the Service or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
- reverse engineer or access the App in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App; or
- interfere with or disrupt the integrity or performance of the App or the data contained therein, or attempt to gain unauthorized access to the App or its related systems or networks.
BeautyFriend will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that BeautyFriend has no obligation to monitor your access to or use of the App, but has the right to do so for the purpose of operating the App and providing the Services, to ensure your compliance with these TOS, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BeautyFriend reserves the right, at any time and without prior notice, to suspend or terminate your account, or restrict, disable or permanently bar your use and access to the App (or any portion thereof) if we believe, in our sole discretion, that you have engaged, or may engage, in any of the above prohibited activities.
WHILE BEAUTYFRIEND ENDEAVORS TO PROVIDE RELIABLE INFORMATION, DESCRIPTIONS, APP, SERVICES, SERVICE PROVIDERS, AND MATERIALS, THE INFORMATION, DESCRIPTIONS, APP, SERVICES, SERVICE PROVIDERS AND MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. BEAUTYFRIEND MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE APP OR IN THE INFORMATION, DESCRIPTIONS, SERVICES, SERVICE PROVIDERS AND MATERIALS AVAILABLE ON THE APP AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, DESCRIPTIONS, SERVICES, SERVICE PROVIDERS AND MATERIALS AVAILABLE ON/THROUGH THE APP. BEAUTYFRIEND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, DESCRIPTIONS, SERVICES, SERVICE PROVIDERS AND MATERIALS AVAILABLE ON THE APP FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. BEAUTYFRIEND ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE APP WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE, OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, SATISFYING, RELIABLE, TIMELY OR WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF SERVICES PROVIDED BY SERVICE PROVIDERS OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE APP, EXCEPT AS EXPRESSLY SET FORTH HEREIN.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BEAUTYFRIEND (AND ITS FUNDERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, DEVELOPERS, NETWORKS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, INFORMATION, DESCRIPTIONS, SERVICES, SERVICE PROVIDERS OR MATERIALS, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BEAUTYFRIEND OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APP, ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION, OR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. IN NO EVENT WILL BEAUTYFRIEND BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BEAUTYFRIEND (AND ITS FUNDERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, DEVELOPERS, NETWORKS) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLICENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION, EXCEED THE AMOUNT PAID BY YOU TO BEAUTYFRIEND FOR THE SERVICE THAT DIRECTLY RESULTED IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION, IF ANY. BY DOWNLOADING AND USING THIS APP, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT DOWNLOAD OR USE THE APP. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify, and hold harmless BeautyFriend and affiliates and all of their respective owners, employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, managers, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) relating to or arising from i) any breach or alleged breach by you of this TOS, or ii) any act or omission by you, or iii) your violation of any third-party right, including the rights of any Service Provider, and including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or iv) your engagement and interactions with a Service Provider.
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of California, U.S.A. as applied to agreements entered into and completely performed in the State of California. You and BeautyFriend each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of California for any disputes between us under or arising out of this TOS.
Any disputes or claims under this TOS or its breach shall be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Arbitration shall be in Los Angeles County, California, and the laws of California shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, BeautyFriend may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against BeautyFriend must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Site and/or any of the Services, or the contents or the TOS must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by BeautyFriend with respect to a breach by you or others does not waive BeautyFriend’s right to act with respect to subsequent or similar breaches.
Term and Termination
This TOS and your right to use the App will take effect at the moment you install, download, access, or use the App or any of its features, and is effective until terminated as set forth below. In addition, BeautyFriend reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the App for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOS, or in order to protect its name and goodwill, its business, and/or other users. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the App and all of its related features, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you agree to delete or otherwise remove the App from your mobile device. In addition to the miscellaneous section below, the provisions concerning BeautyFriend’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
This TOS constitutes the entire agreement between you and BeautyFriend and governs your use of the App, superseding any prior agreements between you and BeautyFriend. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of BeautyFriend. Any purported assignment or delegation by you without the appropriate prior written consent of BeautyFriend will be null and void. We may assign these TOS or any rights hereunder without your consent. Failure by BeautyFriend to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by BeautyFriend of that or any subsequent default or failure of performance. The App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BeautyFriend to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the App or any portion of the App, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the App provides. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and BeautyFriend as result of this TOS or your utilization of the App. Headings herein are for convenience only.
Terms of Service: last updated December 23, 2013