YOU SPECIFICALLY AGREE THAT BY USING THE PORTAL, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. You need not register with Frisor to simply visit and view the Portal, but to access and participate in certain features of the Portal, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Portal and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Frisor in providing you with a more customized experience when using the Portal. You are solely responsible for safeguarding your Frisor password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Frisor immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Frisor’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Portal and/or the Services offered through the Portal. You hereby expressly acknowledge and agree that you yourself and not Frisor will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Frisor or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." You acknowledge and agree that you shall comply with the following policies (the "Account Policies"): You will not copy or distribute any part of the Portal in any medium without Frisor's prior written authorization. You will not alter or modify any part of the Portal other than as may be reasonably necessary to use the Portal for its intended purpose. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Portal for any purpose without Frisor's prior written approval. You shall not in any manual or automated manner collect Salons or Customers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Portal information or content, including but not limited to, use on a "mirrored", competitive, or third party site/Portal. You shall not in any way that transmits more request messages to the Frisor servers, or any server of a Frisor subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Frisor reserves the right to revoke these exceptions either generally or in specific cases. You shall not recruit, solicit, or contact in any form Salons or Customers for employment or contracting for a business not affiliated with Frisor without express written permission from Frisor. You shall not take any action that
(i) unreasonably encumbers or, in Frisor's sole discretion, may unreasonably encumber the Portal's infrastructure;
(ii) interferes or attempts to interfere with the proper working of the Portal or any third-party participation in the Portal; or
2. You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Portal or an external Portal.
3. NO DISCRIMINATION
i. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Frisor will not knowingly accept any Posting which is in violation of the law. Frisor has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
iii. FEEDBACK As a participant in the Portal, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
a. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Frisor, in its sole discretion, may take any of the following actions:
(i) Cancel your Feedback or any of your Postings;
(ii) Limit your Account privileges;
(iii) Suspend your Account; and/or
(iv) Decrease your status earned via the Feedback page.
b. Reporting Inappropriate Use of Feedback. You may contact Frisor regarding any inappropriate use of Feedback via-email at email@example.com
c. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Portal concerning Feedback, Frisor shall be the final arbiter of such dispute.
Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PORTAL CONCERNING FEEDBACK, FRISOR HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. Frisor reserves the right to (a) terminate your access to your Account, your ability to post to this Portal (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Frisor determines is inappropriate or disruptive to this Portal or to any other user of this Portal and/or Services. Frisor reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Frisor deems appropriate in Frisor's sole discretion. Frisor may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Frisor's discretion, Frisor will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Portal or on the Internet. Frisor does not and cannot review every Posting posted to the Portal. These prohibitions do not require Frisor to monitor, police or remove any Postings or other information submitted by you or any other user.
4. Rules for Salons
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) use misleading titles that do not accurately describe the Service; or
(e) include any information in their Profile that is fraudulent.
(a) offer a catalog or a link to a third-party Portal from which Customers or any Registered User or user of the Portal may obtain the Service directly;
(b) exceed multiple Posting limits;
(c) post a single Service but offer additional identical services in the Service description;
(d) charge fees for service further than desired to provide the Service;
(e) offer the opportunity through Frisor to purchase the Service or any other service outside of Frisor;
(f) use their Profile page or user name to promote services not offered on or through the Portal and/or prohibited services. In case we realize that any professional is involved in any of the above activities, Frisor holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
(a) solicit Customers to mail cash or use other payment methods not specifically permitted by Frisor as approved payment methods;
(b) include links that do not conform to Frisor's policies with respect to third-party links;
(d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
(e) use profanity in any Posting;
(f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting
5. PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S) The Service Professional will procure the Products from Frisor (once available) for rendering the Services facilitated through the Frisor’s Platform. Any Product purchased by the Service Professional from Frisor shall be used for the purpose of rendering services booked through Frisor Platform. Products sold by Frisor to the Service Professional can be used for personal consumption by the Service Professional and if Service professional wish he/she can opt for sale of these products from their store through Frisor toearn additional handsome profits.
6. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SALONS If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Frisor, in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service Professional's Account privileges;
(c) suspend the Service Professional's Account;
(d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or
(e) decrease the Service Professional's status earned via the Feedback page.
RULES FOR CUSTOMERS CUSTOMERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying;
(b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
(c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
(d) misuse any options made available now or in the future by Frisor in connection with the use or purchase of any Service.
7. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR CUSTOMERS If a Service User violates any of the above-referenced rules in connection with his or her Posting, Frisor in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service User's Account privileges;
(c) suspend the Service User's Account; and/or
(d) decrease the Service User's status earned via the Feedback page. The Portal may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Frisor does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Portal is provided on a non-proprietary and non confidential basis. You agree that Frisor shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Frisor. Frisor may also disclose user information including personal information if Frisor reasonably believes that disclosure
(i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) would potentially mitigate Frisor’s liability in an actual or potential lawsuit,
(iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
(v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
YOUR REPRESENTATIONS AND WARRANTIES You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Portal, and information reasonably sufficient to permit Frisor to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Frisor to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right.
A statement by you comprised of the foregoing points is referred to herein as the "Notice." Only the intellectual property rights owner is permitted to report potentially infringing items through Frisor's reporting system set forth above.
i. FEES INCURRED BY SALONS Joining Frisor, opening an Account, posting Services and viewing posted Services is at very nominal fee mutually decided by Frisor and Service provider. Frisor reserves the right at its sole discretion to charge fees to Salons for other products that Frisor may provide in the future. The Salons shall not be required to maintain any minimum balance in their accounts. The subscription fee, payable by the Service Professional shall be charged annually. Frisor offers premium services to Salons for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Salons can also choose to purchase. Frisor reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, Frisor shall prepare such invoice.
You are expressly agreeing that Frisor is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Portal and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Frisor may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Frisor reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
iii) You understand that we are acting solely as an intermediary for the collection of fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Frisor shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
iv) REFUND POLICY All commissions payable to Frisor by Salons on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Salons in form of “Credits or Deposits” are non-interest bearing. Unutilised and unclaimed "Credits or Deposits" for a period of more than 364 days from the date of purchase of "Credits" shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Frisor provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that
(i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and
(ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Portal, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel.
P Aspects of the Portal and other Frisor services may be supported by advertising revenue. As such, Frisor may display advertisements and promotions on the service. The manner, mode and extent of advertising by Frisor on the Portal are subject to change and the appearance of advertisements on the Portal does not necessarily imply endorsement by Frisor of any advertised products or services. You agree that Frisor shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Portal.
YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND FRISOR AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SALONS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PORTAL, THE SERVICES OFFERED ON OR THROUGH THIS PORTAL, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PORTAL, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PORTAL, THE SERVICES OFFERED ON OR THROUGH THIS PORTAL, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PORTAL IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FRISOR DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PORTAL OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PORTAL OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. FRISOR DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. FRISOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SALONS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL FRISOR, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SALONS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY
(I) ACCESS TO OR USE OF THE PORTAL OR ANY SERVICES OFFERED BY ANY SALONS VIA THE PORTAL, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PORTAL, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PORTAL IS IN EFFECT;
(II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PORTAL OR SUBMITTED CONTENT;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY;
(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL;
(VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PORTAL OR SUBMITTED CONTENT;
(VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PORTAL;
(VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PORTAL OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRISOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.