Perfect365 PRO Terms of Service
Perfect365 PRO Terms of Service
Updated: April 13, 2018
These Terms of Service (the “Terms of Service”) govern the use of the mobile and internet-based services, business tools offered by Perfect365, Inc. (the “Company”, “Perfect365”, “we” or “us”) at and through the website perfect365.com (the “Website”) and through mobile application Perfect365 PRO (such services, application
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU WHICH GOVERNS YOUR USE OF THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICE.
If you are accepting these Terms of Service and using the Service on behalf of a company, organization, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.
1. The Perfect365 PRO Services
Each Client is solely responsible for selecting the Professional, the Styling Services to be provided and the location at which Styling Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Styling Services or by a Professional to provide Styling Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Styling Services in a private location inherently increases the risks involved for both Clients and Professionals.
Customer Care in connection with Styling Services
Professionals, as a separate entity from the Company, are solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Styling Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes.
Access to the Service
By creating an account with the Company (an “Account”), you are granted a right to use the Service provided by the Company subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. We reserve the right to reject an account application, remove incorrect information from user’s profile, or suspend or terminate the Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You are responsible for keeping your password secret and secure. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. You agree that you are responsible for all data charges you incur through use of the Service.
By creating an Account as a Professional, you acknowledge and agree that Company may send
Termination of Accounts
The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time, with or without notice. We may also suspend your access to the Service and your Account if you (a) have violated the terms of these Terms of Service, or any other agreement you have with the Company, (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (c) for any other reason in Company’s sole discretion. You may terminate your use of the Service by terminating your Account at any time.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Service, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that the Company shall not be liable to you or any third party for termination or suspension of access to the Service or for deletion or hiding of your information or account data. You agree that the Company may retain and use your information and account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or in connection with any termination or suspension of the Service. The Company is not liable for any losses relating to actions by any User that
Limitations and Changes to the Service
We may change, modify, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and the Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. The Company has no obligation to maintain or update the Service or to continue producing or releasing new versions of the Service.
We will make reasonable efforts to keep the Service operational 24 hours a day, 7 days a week, except
earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username or profile name for any reason.
Restrictions to the Service
We do our best to keep the Service safe and spam free, but can’t guarantee it. In order to help us do so, You agree not to:
- share your login credentials of the Account, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
- solicit, collect or use login credentials or access an account belonging to someone else.
- send or otherwise post unwanted email, comments or other forms of commercial or harassing communications (such as spam) to any Users.
- collect Users’ content or information, create accounts with the Service, or otherwise access the Service through unauthorized means including but not limited to, by using an automated device, script, harvesting bots, robots, spiders, crawler, or scrapers.
- use the Service for any unlawful, misleading, malicious, discriminatory, illegal or unauthorized purpose.
- conduct activities in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (3) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (4) internet/mail order/telephone order cigarette or tobacco sales, (5) drug paraphernalia, (6) occult materials, (7) hate or harmful products, or (8) escort services, (9) alcohol-related content, or (10) unlawful multi-level marketing, such as a pyramid scheme.
- post content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, pornographic or sexually suggestive via the Service.
- defame, stalk, bully, intimidate, abuse, harass, threaten, impersonate or intimidate any User.
- impersonates any person or entity, including without limitation any employee or representative of the Company in connection with your use of the Service.
- interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- do anything that could disable, overburden, or impair the proper working of the company or the Service, such as a denial of service attack.
- change, modify, adapt or alter the Service or change, modify or alter another website or mobile application so as to falsely imply that it is associated with the Service or the Company.
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service.
- attempt to restrict another User from using or enjoying the Service.
- facilitate or encourage any violations of these Terms of Service or any other terms.
You agree to comply with all laws, rules
You acknowledge that all data You received from Clients (“Clients Data”) via the Service may be confidential in nature and You agree to treat all Clients Data with at least the same degree of care and protection as You would use with respect to your own confidential information of a similar nature, but in no event less than a reasonable standard of care. You will not disclose Clients Data other than to your employees and contractors on a need-to-know basis and have agreed in writing to protect Clients Data.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Service.
3. Proprietary Rights
The Service and its content are protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Service or the Company Property. Unauthorized reproduction or distribution of the Service, or any portion of them, may result in severe civil and criminal
Some of the Service are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode
It is the Company’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions
You represent and warrant that: (i) You own the Content posted by You on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) You have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
You agree that the Company is not responsible for, and does not endorse, Content posted within the Service. The Company does not have any obligation to prescreen, monitor, edit, or remove any Content or accounts. If your Content violates these Terms of Service, You may bear legal responsibility for that Content.
We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the Company in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
Subject to the terms and conditions of this Terms of Service, the Company will use reasonable efforts to store your Content, if any, in connection with your use of the Service if such storage is a feature provided with the Service. You acknowledge and agree that the Company shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that the Company is under no obligation to preserve, provide access to or return to You any Content.
4. Third Party Service
There may be links from the Service, or from communications you receive from the
5. Updated Terms
We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF STYLING SERVICE. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.
THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING SERVICE OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICE WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
7. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) STYLING SERVICES FACILITATED BY THE SERVICE OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND
DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICE. BECAUSE THE COMPANY IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY STYLING
SERVICE, YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF STYLING SERVICE OR OTHERWISE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Service; (ii) Styling Services facilitated by the Service or any interaction between You and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Service. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Service.
9. Dispute Resolution
To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is
If You and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from
arbitration. You acknowledge and agree that You and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that You provide your personal information at your own risk.
Entire Agreement / Severability
This Terms of Service constitutes the entire agreement between You and the Company regarding the Service and governs your use of the Service superseding any prior agreements between You and the Company. If any part of this Terms of Service is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
No terms of this Terms of Service, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by You except with the Company’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.
Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
This Terms of Service will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions.
All notices under this Terms of Service shall be in writing and shall be deemed to have been duly given if transmitted by confirmed email. All notices shall be sent to the following email address: firstname.lastname@example.org
The information provided within the Service 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 the Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Company provides.
Software and technologies related to or made available by the Service (“Software”) may be subject to United States export controls. Thus, no Software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any Software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.