This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the appointment services (the "Services") being offered at the URL: http://www.beaulounge.com (the "BeauLounge Site"). As used in this Agreement, "BeauLounge" refers to BeauLounge, Inc. and "USER" or "you" refers to you. USE OF THE SERVICES AND THE BEAULOUNGE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT (THE “BeauLounge POLICIES”). BeauLounge may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the BeauLounge Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and BeauLounge, enforceable in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on BeauLounge, and use the services available through BeauLounge, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and BeauLounge may be recorded.
You may establish membership on BeauLounge. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in BeauLounge’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
You shall not use your BeauLounge membership for any purpose competitive to BeauLounge. You will notify BeauLounge immediately by emailing info@BeauLounge.com of any unauthorized use of your BeauLounge membership known to you, whether by you or a third party.
BeauLounge provides the Services to USER for the purpose of assisting USER in securing appointments at participating third party establishment (Salon, Spa etc.) In response to a USER's online request, the BeauLounge Site directly contacts the Establishment's computerized database of appointments. The availability of appointments is determined at the time of USER's query. Once an appointment is made by USER, BeauLounge will provide confirmation of the appointment to USER by email and/or SMS. By using the Services, USER agrees to receive appointment confirmations by email and SMS after booking an appointment through the BeauLounge Site.
BeauLounge is committed to providing superior quality services to its USERS and Establishments. To assist us in maintaining a consistently high level of service with the participating Establishments and patrons, USERS are asked to cancel any appointments that they will be unable to honor at least 24 hours in advance on the day of the appointment. You may cancel your appointment online or call the Establishment directly. In some cases you may be required to cancel your appointment in accordance with that Establishment's individual cancel.
Beau Lounge not responsible if salon cancel the appointment.
The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book appointments at participating Establishments and then honor those appointments by arriving at the Establishment(s) on time and ordering and paying for a service. USER further agrees not to book more than one (1) appointment for USER's personal use during any one time slot. USER may be able to book multiple appointments through BeauLounge's site; however they may not be scheduled for the same time. BeauLounge expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. BeauLounge reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
You may receive periodic emails from BeauLounge if you opted to receive such email at the time of registration with the BeauLounge Site. If you would rather not receive email from BeauLounge, please send an email to info@BeauLounge.com and you will be unsubscribed from receiving further mailings. USER acknowledges and agrees, however, that USER will still receive appointment confirmation emails, appointment change confirmation emails, appointment cancelation confirmation emails and other emails relating to appointments booked by USER through the BeauLounge Site, even if USER has opted not to receive periodic email from BeauLounge.
At BeauLounge’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Establishments and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. BeauLounge reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant BeauLounge a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BeauLounge for all claims resulting from content you supply. BeauLounge has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by BeauLounge in its sole discretion. BeauLounge takes no responsibility and assumes no liability for any content submitted by you or any third party. In the event any such claim you agree to hold BeauLounge harmless and indemnified. Including reasonable counsel fees and costs
Much of the information on the BeauLounge Site is updated on a real time basis and is proprietary or licensed to BeauLounge by its Establishments or third parties. By using the BeauLounge Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the BeauLounge Site for any purpose without BeauLounge’s express written permission.
Take any action that imposes or may impose (in BeauLounge’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy BeauLounge Content from the BeauLounge Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the BeauLounge Site.
In no event shall beaulounge be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the services, the beaulounge site or the beaulounge content, (ii) any failure or delay (including, but not limited to, the use or inability to use any component of the services or the beaulounge site for appointments), or (iii) the performance or non-performance of any establishment in connection with the services. In addition, all users specifically understand and agree that any third party directing users to the beaulounge site by referral, link or any other means is not liable to user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the beaulounge site or the beaulounge content. Beaulounge is neither an agent of nor is connected with any affiliated establishment in which a user has made an appointment. Aside from the services provided on the beaulounge site. Beaulounge is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a user’s visit to an affiliated establishment.
The information, programs, products, and materials contained in or accessed on the beaulounge site, including, without limitation, the services and the beaulounge content, are provided to user on an 'as is' basis and without warranty of any kind. Beaulounge disclaims all warranties, expressed or implied, with respect to the services, the beaulounge site, the beaulounge content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.
The BeauLounge Site may contain hypertext links to Web sites operated by parties other than BeauLounge. Such hypertext links are provided for USER's reference only and BeauLounge does not control such Web sites and is not responsible for their content. BeauLounge's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by BeauLounge.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right