Last Updated: July 16, 2018
The website at www.primped.ca and such other locations as made available (the “Website”) and the Primped mobile application (the “App”), as each may be updated, relocated or otherwise modified, including through downloadable software, tablet applications and all intellectual property contained therein (the Website and App hereinafter being collectively referred to as the “Site”) are owned operated by Primped Beauty Technologies Inc. and its affiliated companies (collectively “Primped”, “we” or “us”).
2.2 Minimum Age and Ability to Bind
The Site and the Service are available only to persons or organizations that can form legally binding contracts under applicable law except as set out herein. If you are a Primped Member under the age of 18, you must review this Agreement with your parent or guardian. Your parent or guardian must agree to this Agreement on your behalf, and parental discretion is required for all Primped Members under the age of 18. If you are using the Site or the Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Service.
In order to become a Primped Member you must complete the registration process on the Site. You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested on the Site.
2.3 Registration & Account Access
As part of the registration process you will be given password to access the booking page, titled “Book An Appointment”, on the Site. You are responsible for maintaining the confidentiality of this password.
ARTICLE 3 TREATMENTS
3.1 Requesting Treatments
A Primped Member (a “Requesting Member”) may use the Service to send a request to have a particular Treatment provided (a “Request”). Such Requests must be clearly worded, correctly provide for the relevant category of service, indicate the date and time at which such Treatment is required and be a fair and accurate description of the Treatments to be provided. When making a Request, the Requesting Member is solely responsible for confirming the accuracy of all information provided, including the Treatment requested and the location at which the Requesting Member will require such Treatment (the “Premises”).
As a Requesting Member, you understand and agree that you have made an offer, for which a Primped Provider has the power to accept, propose an alternative time, or reject in his or her sole discretion. Once a Primped Provider has accepted your Request (a “Confirmed Appointment”), cancellation shall be made only in accordance with the Cancellation Policy set out below. You understand that once a Primped Provider accepts your Request and a Confirmed Appointment has thus been made, we will notify you with basic information about the Primped Provider, which may include individual’s name, photo, estimated time of arrival, and any instructions specific to the Request that is required of you to best prepare for your Confirmed Appointment.
Primped Members acknowledge that the Services constitute a technology platform that enables users of the Site and the App to arrange and schedule Treatments with independent third party providers and that all Primped Providers are third party contractors who are not employees of Primped. Primped Members acknowledge that Primped strongly suggests that Primped Providers have professional liability insurance, however do not require them to do so.
3.2 Terms and Conditions
Primped Members agree with the following terms for all Treatment appointments booked on the Service.
(b) Conduct of Primped Members. Primped Members understand that Primped Providers are trained, certified and licensed (where required under relevant federal, provincial or local law) and specialize in beauty and other health and wellness techniques. Primped does not tolerate any requests deemed inappropriate in nature. Primped Members reported for inappropriate behavior will be immediately removed from the Service.
(c) Conduct of Primped Providers. Primped shall ensure that at the date of enrollment with Primped each Primped Provider shall be a member in good standing with any regulating body applicable to the services such Primped Provider is to offer through the Site. SAVE AND EXCEPT AS AFORESAID, PRIMPED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER AS TO THE CHARACTER, FITNESS OR SUITABILITY OF ANY PRIMPED PROVIDER. By using the Service, the Primped Member confirms that it understands and agrees with the applicable regulating body’s policies (including, without limitation, those pertaining to client records maintenance), principles, standards of practice, and code of ethics governing its members.
(d) Fees and Payment. The fees (“Fees”) listed on the Site are those set by the applicable Primped Provider and the specific Treatment, which such Primped Provider may change at any time in its sole discretion and will then be reflected on the Site. Changes in Fees are only applicable to Requests sent by a Primped Member after the change in fee. All Fees are subject to applicable taxes. If you wish to tip your Primped Provider, you may do so at the time of your Treatment in cash.
(e) Responsibility for Payment. Primped Members will be charged the applicable Fees following the completion of the Treatment as well as any cancellation fees, as applicable. Primped Members agree to pay to Primped all Fees and cancellation fees, whether or not you dispute the amount of the charge or the quality or nature of the Treatment or Treatments provided. All Fees and cancellation fees will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Primped. Primped members understand that payment of Treatments are to be paid via e-transfers on the last day of each month to Primped and will be notified by Primped of the amount on such day. Primped Members will be charged the applicable Fees following the completion of the Treatment as well as any cancellation fees, as applicable. Primped Members agree to pay to Primped all Fees and cancellation fees, whether or not you dispute the amount of the charge or the quality or nature of the Treatment or Treatments provided. All Fees and cancellation fees will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Primped. In regards to any Fees owed by Primped Member, Primped Member grants Primped authorization to use the credit card information entered in by Primped Member when sending the Request to reserve the Treatment to make payments on behalf of Primped Member. Primped Member will be charged 2 days after completed appointment.
(f) Hours of Operation and Timing to Book a Treatment: Primped hours of operations are Monday to Friday from 8 a.m. to 8 p.m, however appointments can be booked beyond these times. Requests sent outside hours of operations will be scheduled on a best efforts basis. Within Primped’s hours of operations, we will take reasonable efforts, but are under no obligation, to connect you with a Primped Provider who is available to provide the Treatment provided in your Request, subject to your Premise, the Treatment requested, the availability of Primped Provider willing to accept the Request by you, and other conditions beyond our control.
(g) Cancellation Policies. Primped Members should provide as much advance cancellation notice as possible in connection with any Confirmed Appointments. Cancelled Confirmed Appointments shall be subject to the following cancellation fees:
(i) for Confirmed Appointments cancelled with at least four (4) hours advance notice prior to the time of the Confirmed Appointment, there shall be no cancellation fee;
(ii) for Confirmed Appointments cancelled with less than four (4) hours advance notice prior to the time of the Confirmed Appointment, the full Fee plus applicable taxes for the Treatments booked shall be paid not including gratuity.
(h) No Liability. Primped will not have any liability whatsoever for any of the Treatments provided by Primped Providers. Primped Providers bear sole liability for all of the services provided by it, including, without limitation, those Treatments that are booked through the Service or the Site. NEITHER PRIMPED NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE PRIMPED AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY RELATED THERETO, WHETHER DIRECT OR INDIRECT. PRIMPED AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, THEFT, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
(i) Recurring Bookings through Primped. Primped Members acknowledge and agree that in order to receive pre-negotiated rates with Primped Providers, Primped Members shall continue to book all subsequent appointments with the Primped Provider that provided their initial Treatment through the Site.
(j) Disputes with Primped Providers. Any disputes between Primped Members and Primped Providers shall be dealt with in accordance with the dispute resolution provisions set forth below and shall further be conducted in accordance with all policies, principles, standards of practice, and code of ethics as outlined by applicable governing bodies.
COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Primped logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Primped, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Primped and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Primped or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Primped and may not be copied, imitated or used, in whole or in part, without the prior written permission of Primped. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF PRIMPED IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.
ACCESS AND USE OF THE SITE AND SERVICE
5.1 Consent to Electronic Communications
By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. You understand that you may incur charges for these these Messages and Notifications depending on your current carrier plan and agree not to hold Primped liable for any charges. Text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Service, you may email us to request that we remove yourself from our text message database. If you wish to remove yourself from any list, please email us with an “OPT-OUT”, “UNSUBSCRIBE” or “REMOVE” in the subject line.
5.2 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Primped 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 We have no liability for such malfunctions or delays including messages failures or transmissions delays.
PROVISION OF SERVICE AND USER CONDUCT
6.1 Compliance with Laws
The Site, App and the Service shall only be used for lawful purposes and you shall use the Site, App and the Service only in compliance with this Agreement, and all applicable laws, including, without limitation all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Primped; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6.2 Restrictions on Use
(a) You expressly agree not to transmit, distribute, store, create or otherwise publish through the Site any of the following:
(i) content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(ii) content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law;
(iii) content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(iv) content that would violate or infringe upon the rights of others;
(v) content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(vi) content that is false and misleading;
(vii) unsolicited promotions, political campaigning, advertising or solicitations;
(viii) viruses, corrupted data or other harmful, disruptive or destructive files;
(ix) content that, in the sole judgment of Primped, is objectionable or which may expose Primped or its users to any harm or liability of any kind;
(b) use the Service or the Site to "stalk", harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other Primped Member or Primped Provider or collect or store any personally identifiable information about any Primped Member or Primped Provider other than for purposes of transacting a Treatment.
any use of the Site or the Service in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Site or Service.
6.3 Promotional Codes
Primped may, in Primped’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Primped establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Primped; (iii) may be disabled by Primped at any time for any reason without liability to Primped; (iv) may only be used pursuant to the specific terms that Primped establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Primped reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Primped determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in these Terms.
6.4 User Provided Content
Primped may, in Primped’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Primped through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“Primped Member Content”). Any Primped Member Content provided by you remains your property. However, by providing Primped Member Content to Primped, you grant Primped a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Primped Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Primped’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 represent and warrant that: (i) you either are the sole and exclusive owner of all Primped Member Content or you have all rights, licenses, consents and releases necessary to grant Primped the license to the Primped Member Content as set forth above; and (ii) neither the Primped Member Content nor your submission, uploading, publishing or otherwise making available of such Primped Member Content nor Primped’s use of the Primped Member Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Primped Member Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Primped in its sole discretion, whether or not such material may be protected by law. Primped may, but shall not be obligated to, review, monitor, or remove Primped Member Content, at Primped’s sole discretion and at any time and for any reason, without notice to you. You agree that we have no responsibility or liability for the deletion or failure to store any Primped Member Content and other communications or Content maintained or transmitted by the Service.
RESTRICTIONS AND RESPONSIBILITIES
Subject to your compliance with these Terms, Primped grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Site and App on your personal device or computer solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Primped and Primped’s licensors.
7.2 Third-Party Websites and Services
The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.
You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
We may terminate any Third Party Service’s ability to interact with the Site or the Service at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Service at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
ARTICLE 8 DISCLAIMER OF WARRANTY
THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.
We make no guarantee regarding the provision of Treatments, the acceptance of any Requests for the provision of Treatments, the availability, workmanship, timeliness, integrity, ability or skill of Primped Providers or the Treatments they purport to be able or willing to provide.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Primped, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the App, the Service, any Treatments or any other materials contained in or accessible through the Site and the App.
In no event shall the aggregate liability of Primped, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay to Primped for the applicable Treatment.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRIMPED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, AND WHETHER DIRECT OR INDIRECT, FOR ANY LOST PROFITS, LOST DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY PERSONAL INJURY OR PROPERTY DAMAGE OR STOLEN PROPERTY, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF PRIMPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
You agree to indemnify and hold Primped and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Primped’s use of your Primped Member Content; or (iv) your violation of the rights of any third party, including Primped Providers.
You agree that Primped has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
SURVIVAL OF TERMS
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Primped for your failure to comply with any such laws.
Primped may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Primped, and any such attempted assignment will be void and unenforceable.
This Agreement constitutes the entire agreement between you and Primped regarding your use of the Site and the Service, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Primped regarding your use of the Site and the Service.
Primped shall not be liable, or be deemed to be in default, to you by reason or on account of any delay or omission caused by epidemic, fire, power outages, action of the elements, strikes, lockouts, labor disputes, governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order, act of God or public enemy, war, riot, civil commotion, earthquake, flood, accident, explosion, casualty, embargo or any other cause beyond the control of Primped, or any act, delay or omission not due to the negligence or default of Primped.
Headings are for reference purposes only and do not limit the scope or extent of such section.
QUESTIONS AND COMMENTS
Primped Beauty Technologies Inc.
71 Golfdale Road, Toronto, ON, M5N 2B5
By email: email@example.com