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Thank you for using HairDressor! HairDressor is a website and mobile application that allows its users to access on-demand personal grooming services via Website and Smartphones “ios App iPhones & Android App” These Terms of Service (“Terms”) govern your use of the HairDressor services, including HairDressor ’s website, HairDressor ’s mobile applications, content, products and services made available by the Company (or portions thereof) or mobile applications that are operated by HairDressor (collectively, the “Services”), and are entered into by you and Aleph Business Holdings, LLC (d/b/a HairDressor ), a California corporation (“HairDressor ”).
PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES. By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with HairDressor ’s Privacy Policy.
SECTION 12 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND HairDressor CLUB HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST HairDressor CLUB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
THE SERVICES
The Services are a communications and technology platform that enables users of the Company’s applications, websites and other communications protocols provided as part of the Services (collectively, the “Applications”) to arrange and schedule grooming, stylist and/or barber services with independent third party providers of such services (each such person, a “Third Party Provider”). In addition to referring to such independent third party providers of grooming, stylist and/or barber services as Third Party Providers, we also refer to them as “HairDressor”, as discussed below.
YOU ACKNOWLEDGE AND AGREE THAT HairDressor CLUB DOES NOT PROVIDE GROOMING, BARBER OR STYLING SERVICES, AND HairDressor CLUB DOES NOT FUNCTION AS AND IS NOT A BARBERSHOP NOR BEAUTY SALON. IT IS UP TO THE GROOMING SPECIALISTS, BARBERS, OR STYLISTS WORKING AS INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HairDressor CLUB OR ANY OF ITS AFFILIATES TO OFFER SUCH SERVICES, WHICH MAY BE SCHEDULED OR MADE AVAILABLE THROUGH USE OF THESE SERVICES.
The Company checks the backgrounds of Third Party Providers via third party background check services. However, each User should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not personally know.
BY USING THE SERVICES, YOU AGREE TO HOLD THE COMPANY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY, LOSS OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES OR GOODS PROVIDED BY ANY THIRD PARTY PROVIDER.
OWNERSHIP
The Services and all rights therein are and shall remain the Company’s property or the property of its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except to the extent provided in the limited license expressly granted in this Agreement; or (ii) to use or reference in any manner HairDressor’s company names, logos, product and service names, trademarks or services marks or those of HairDressor’s licensors.
Key Content and Service Related Terms
The following key content and service related terms are used in these Terms:
“Company Content” means Content that Company makes available through the Services, Website or Application, including any Content licensed from a third party, but excluding User Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio or visual information, or other materials.
“HairDressor stylist” means independent grooming specialists, barbers or stylists providing a service to Users of the Services, Website or Application.
“HairDressor Haircut” means either a haircut or a haircut and beard trim performed by a HairDressor Barber, as requested by a User and performed to the User’s specifications when the HairDressor Barber arrives in-person to service the User or when the User makes such specifications through the use of the Services, Website or Application.
“User” means a person who accesses or uses the Services, Website or Application.
“User Account” means the password-protected account that the User creates on the Services, Website or Application that contains the User’s security information, personal and payment information and haircut preferences.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services, Website or Application, including commentary and feedback related to the Services and submissions of entries for any promotions.
“User Status” means an individual has accessed his or her own HairDressor account. In an instance where a user has accessed HairDressor through a profile which is not representative of themselves, they will not be classified as having user status.
In these Terms, the words “including” and “include” mean “including, but not limited to”.
THIRD PARTY INTERACTIONS
During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website or Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company may have third party advertising and marketing supplied through the Website or Application and other mechanisms that subsidizes the Website or Application. The Company does not endorse any third party services or content, and in no event shall the Company or its licensors be responsible or liable for any content, products, services or other materials of or available from third party providers. You acknowledge that additional or different terms and conditions of use and privacy policies may apply to your use of or access to third party goods, services or content, and the Company disclaims any and all responsibility or liability arising from agreements or arrangements between you and the third party providers.
Additionally, Apple Inc., Google, Inc. or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
YOUR USE OF THE SERVICES
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account or to use the Services. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. You further represent and warrant to the Company that you have the right, authority, and capacity to enter into these Terms and abide by these Terms.
Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or the Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
You agree that HairDressor reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services or Application at any time, and from time to time, effective upon posting of an updated version of this Agreement on the Website or Application or on the applicable Service(s). You are responsible for regularly reviewing the Terms. Continued use or access of the Service or Application after any such changes or posting shall constitute your consent to be bound by the Terms, as amended. If you do not agree to these Terms, you may not access and/or use the Services. These Terms expressly supersede prior agreements, understandings or arrangements with you. The Company may immediately and without notice terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
User Conduct
Your participation in using the Services is for your sole, personal use. You may not authorize others to use your User Status, and you may not assign or otherwise transfer your Account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Services. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You are responsible for obtaining the data network access necessary to use the Services, and may only access the Services using authorized means. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
By using the Services, you agree that:
Other Restrictions:
You may not (i) license, sublicense, sell, resell, transfer, assign, distribute, stream, broadcast, lease, publicly display, publicly perform, transmit, or otherwise exploit or make available the Services in any way, except as expressly permitted to you in writing by HairDressor; (ii) reproduce, modify, make or prepare derivative works based upon, the Services; (iii) link to, frame or mirror any portion of the Services; (iv) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (v) remove any copyright, trademark or other proprietary notices from any portion of the Services; (vi) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any Application, or (c) copy any ideas, features, functions or graphics of any Application; (vii) cause or launch any program or script for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services (including, 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 burdening or hindering the operation and/or performance or functionality of any aspect of the Services or Application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You may not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (iv) interfere with or disrupt the integrity or performance of the Services or Application or the data contained therein.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Services, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
SMS MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us by changing your User settings on your Account, or emailing us at support@hairdressor.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. If you change your mobile phone service provider, the service may be deactivated and you will need to re-enroll in the notification service.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license: (i) to access and use the Company Content on your personal device solely for your personal and non-commercial use of the Services; and (ii) to access any User Content to which you are permitted access through the Services solely for your personal and non-commercial use of the Services.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or Collective Content, except as expressly permitted in this Agreement. The Company and the Company’s licensors reserve any rights not expressly granted in these Terms.
USER PROVIDED CONTENT; LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. Any User Content provided by you remains your property. However, by making available any User Content through the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to the Company the license and rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission, transmittal or making available of the User Content or the Company’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, in the Company’s sole discretion and at any time and for any reason, without notice to you.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
The following further applies to any App Store Sourced Application:
INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services, the Application and the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, Website or Application. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, Website or Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Services, Website and Application, are trademarks of the Company or third parties, and no right or license is granted to use them.
PAYMENT TERMS
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). The Company will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Any Charges for use of HairDressor’s Services, including for ordering and experiencing a HairDressor services with a HairDressor Stylist, are final and non-refundable. All Charges are due immediately and HairDressor using the preferred payment method designated in your Account will facilitate payment, after which HairDressor will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HairDressor may use a secondary payment method in your Account, if available.
In select circumstances, brought to light within three days of service completion, the Company reserves the right in its sole discretion to offer a courtesy correction to improve the original service. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Services or Application, either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right from time to time to determine final prevailing pricing. – Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Services or the Charges applied to you.
CANCELLATION POLICY:
You may elect to cancel your request for services or goods from a Third-Party Provider (a “Cancellation”) at any time prior to such Third-Party Provider’s arrival, in which case you will be charged a cancellation fee if such cancellation is within five (5) hours of the Third Party Provider’s scheduled arrival time on our Services. If your cancellation is received by our Services more than five (5) hours before the Third Party Provider’s scheduled arrival time on our Services, HairDressor’s policy is generally you will not be charged a cancellation fee. Cancellations, which are done within 5 hours of the appointment time, will be charged 50%.
Gratuity, Tipping and Services Feedback Policy
The payment structure for our Services which states that tipping is “voluntary”, “not required”, and/or “included” is not intended to suggest that the Company provides any additional amounts to the Third Party Provider, and the payment structure described above is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to evaluate and rate your experience, and leave feedback, about your Third Party Provider.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES INCLUDING THE WEBSITE OR APPLICATION WILL BE SECURE OR TIMELY OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, ABILITY, SUITABILITY OR AVAILABILITY OF THIRD PARTY PROVIDERS, OR OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INTERNET DELAYS
THE COMPANY’S WEBSITE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, LOST PROFITS, USE, PROPERTY DAMAGE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FORM ANY USE OR ACCESS OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. NEITHER THE COMPANY NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LIABILITY, LOSS, DAMAGE OR INJURY ARISING OUT OF OR RESULTING FROM: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, OR BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE OR APPLICATION, EVEN IF THE COMPANY OR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GROOMING, STYLIST, BARBER AND LOGISTICS SERVICES FROM THIRD PARTY PROVIDERS WHO PROVIDE SUCH SERVICES, BUT YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIAIBLITY TO YOU RELATED TO ANY GROOMING, STYLIST, BARBER OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES OR APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU.
INDEMNIFICATION
By entering into this Agreement and using the Website or Application, you agree to indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, demands, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use or misuse of the Services or services or goods obtained through your use of the Services; (b) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (c) HairDressor’s use of your User Content; or (d) your violation of any rights of any third party, including Third Party Providers.
If you have a dispute with HairDressor arising out of your use of the Services, this Section of DISPUTES & ARBITRATION then applies. You agree to contact HairDressor first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and HairDressor agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DELIVASAP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing HairDressor at arbitration-opt-out@hairdressor.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2019, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the United States County where you live or work, San Francisco, California, or any other location you and HairDressor mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, HairDressor will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). HairDressor will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
You can stop using the Services at any time and without notice to us. Similarly, HairDressor may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-16 survive and continue to apply to you.
To the extent permitted by applicable law, the laws of the State of California will govern these Terms for residents of the United States without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of San Francisco County, California, USA, for the residents of the United States, and you and HairDressor consent to the personal jurisdiction of those courts.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with HairDressor, shall constitute the entire agreement between you and HairDressor with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
HairDressor’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. HairDressor may assign its rights, licenses, and obligations under these Terms without limitation.
CHANGES TO THE TERMS
We may make changes to these Terms from time to time. When HairDressor does so, HairDressor will post the most current version of the Terms on HairDressor’s website and, if a revision to the Terms is material, HairDressor will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
HairDressor respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. HairDressor will respond to valid notices of copyright infringement and reserves the right to terminate any users, at HairDressor’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to HairDressor’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which HairDressor may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Green Leaf Holdings, LLC d/b/a HairDressor
ATTN: Copyright Agent
4101 Dublin Blvd., Ste# F-423
Dublin, CA 94568
copyright@hairdressor.com
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to HairDressor’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
If you have any questions, or comments about these Terms please contact HairDressor at:
Green Leaf Holdings, LLC d/b/a HairDressor
ATTN: LEGAL Agent
4101 Dublin Blvd., Ste# F-423
Dublin, CA 94568
legal@hairdressor.com
For customer service inquiries, please review Your Account Settings, visit HairDressor’s FAQs Center, or call our Customer Support team at 1 (888) 246-7822.
Privacy Policy
HairDressor owned and operated by Green Leaf Holdings, a limited liability company with headquarters in the state of California (“HairDressor”, “we”, or “us”) values your privacy. This Privacy Policy (or “Policy”) explains how we collect, use, share and protect information about our Users (“Members” or “you”) and independent third-party providers of grooming, stylist and/or barber services, whom we refer to as Third Party Providers or “Professionals”.
This Policy applies to information we collect about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services” or “HairDressor Services”), including the HairDressor Application (the “HairDressor App”) and on our website at www.HairDressorclub.com (the “HairDressor Website,”), which is discussed below in “Collection of Information”, and through other interactions and communications you have with us.
This Policy is incorporated by reference into our Terms of Use outlined in HairDressorclub.com/TOS. Defined terms that are used in this Policy and not defined herein are defined in our Terms of Use.
BY DOWNLOADING AND USING OR ACCESSING THE HairDressor CLUB WEBSITE AND THE MOBILE APP AND/OR REGISTERING WITH US, YOU AGREE TO THIS PRIVACY POLICY.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the HairDressor Services. This Policy may change from time to time. Your continued use of the HairDressor Services after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates. The use of the term “including” in this Policy means “including, but not limited to”.
THIRD PARTY PRIVACY POLICIES
This Policy does not apply to information that you provide to, or is collected by, any third party whether through or in connection with your use of the HairDressor services or otherwise, including information Users and Professionals may exchange between each other. Third parties may have their own privacy policies, which we encourage you to inquire about before providing information to them. You agree and acknowledge that HairDressor has no duty or responsibility to maintain and safeguard any information you may provide to or is collected by any third party whether through or in connection with your use of the HairDressor Services or otherwise.
PERSONS WHO ARE MINOR UNDER THE AGE OF 18 YEARS
The HairDressor Services are not intended for services to minor, and are only available to persons under 18 years of age within the presence of an Adult at all times. We do not collect any information from anyone under 18 years of age. If you are under the age of 18, you are not authorized to use our platform for Services. If we learn that any minor under the age of 18 years opened an account under fictitious aliases or received any said personal information from persons under 18 years of age, we will delete that account.
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us (collectively, “Personal Information”). This information may include: name, email, phone number, postal address, profile picture, payment method, items and services requested, service delivery and related delivery notes, other information personal information which could reasonably be used to identify you personally which you choose to provide. We may also collect Personal Information about Professionals through certain background checks we perform relating to our Third-Party Providers.
When you use our Services, we also collect information about you in the following general categories:
COOKIE POLICY, INFORMATION COLLECTION & TRACKING TECHNOLOGIES:
The technologies we use for automatic information collection may include but not limited to:
THIRD PARTY INFORMATION COLLECTION:
When you use the HairDressor Services, certain third parties may use automatic information collection technologies to collection information about you and your device. These third parties may include:
HairDressor uses information that we collect about you or that you provide to us, including any Personal Information, to:
The usage information we collect helps us to improve the HairDressor
Services and to deliver a better and more personalized experience by enabling us, among other things, to:
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at support@hairdressor.com
Through our Services
We may disclose aggregated information about our Members and Professionals, and information that does not identify any individual or device, without restriction to third parties to use for industry analysis or demographic profiling, to deliver targeted advertising or marketing about other products or services to you, or for other business purposes. In addition, we may disclose Personal Information that we collect, or you provide:
Through Social Sharing Features:
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Through Analytics and Advertising Provided by Others:
We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Policy discussed above.
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
You can review and change your Personal Information by logging into the HairDressor App or HairDressor Website and visiting your account profile page. You may also send us an email at support@hairdressor.com to request access to, correct or delete any personal information that you have provided to us.
We generally cannot delete your Personal Information except by also deleting your user account. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if a person has a standing credit or debt on that person’s account, or if we believe a person has committed fraud or violated our Terms, we may seek to resolve the issue before deleting that person’s information.
Access Rights
HairDressor will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Location Information
We request permission for our Services’ collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, if you block the use of location information the Services may then be inaccessible and will not function properly.
Contact Information
We may also seek permission for our Services’ collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device.
Cookies and Advertising and Promotional Communications
You may opt out of receiving promotional messages from us by following the instructions in those messages. You can also opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@hairdressor.com.
If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
The following are further specific ways for you to opt out of specified advertising and promotional communications:
Data security
When Users book services, the information they input is encrypted through SSL encryption. We do not store credit card information on our servers, and we use SSL encryption to protect your credit card information when it is transferred to our third-party payment processor.
Although Users can submit credit card or other payment card information to pay for a service through our platform, HairDressor does not receive this information itself. Payment card information is transmitted directly to a third-party payment card processor, Moneris, through an Internet connection secured by industry-standard Secure Socket Layer (SSL) encryption technology. Moneris then communicates to HairDressor whether your payment has cleared, but does not provide payment card information to HairDressor. Moneris’s privacy policy is available at link.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access the HairDressor Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms generally is not completely secure. Please note that despite our efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
If we change this Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above. If we materially change this Privacy Policy in a way that affects how we use or disclose your personal information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at support@hairdressor.com.