BeautyDel's Terms and Conditions
By using the Services, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Services. BeautyDel grants you the right to use the Services only in case you agree to the Terms. We would like to inform you that some of the Services are subject not only to these Terms, but also to other terms and conditions (hereinafter, referred to as “Supplemental Terms”). In case of a conflict between any Supplemental Terms and these Terms, these Terms shall prevail.
THESE TERMS INCLUDE: (i) A WAIVER OF JURY TRIALS; (ii) A CLASS ACTION WAIVER; AND (iii) ARBITRATION CLAUSES REQUIRING LEGALLY BINDING ARBITRATION. THE TERMS MAY LIMIT THE LEGAL REMEDIES WHICH USUALLY FUNCTION AS DEFAULT RULES IN THE ABSENCE OF THE PARTIES’ OWN AGREEMENT OF A REMEDY.
1.1 In order to use the Services, you must register with BeautyDel (hereinafter, referred to as the “Account”). By registering, you warrant and represent that: (i) the registration information submitted by you to us is current, complete, true, and accurate.
2. Payment Terms
2.1 If you would like to use the Services, you may need to provide us with a valid credit card information. We accept credit cards issued by Visa, MasterCard, or any other issuer accepted by us. Your use of the designated credit card is subject to the terms and conditions in your payment provider agreement. Therefore, you must refer to that agreement and not to the Terms to determine your rights and liabilities.
2.2 By providing BeautyDel with your credit card number and the associated billing information, you authorize us to charge your credit card for fees due to us. You hereby agree that the authorization mentioned in the preceding sentence is sufficient and no additional notice or consent is required to charge your credit card for fees due to us.
2.3 You agree to timely notify BeautyDel of any changes related to your credit card and your billing address.
2.4 We may, without any additional notice to you, change the prices of the Services by publishing an updated price list. Please note that the price changes will not apply to Services purchased prior to the publication of the updated price list.
2.5 The service prices, as noted on the application, does not require extra travelling costs. 15% deposit fee will be charged upon booking. Full amount and HST will be charged upon the completion of the service.
2.6 Subject to the exception mentioned in the following sentence, we do not provide refunds of fees paid for the Services. If you cancel your appointment, we will refund the fees paid by you in relation to the cancelled Services.
2.7 Our fees exclude taxes, and other duties. You are solely responsible for paying all such taxes, and other duties.
2.8 Please note that any unpaid due fees will accrue interest at the rate of 1.5%, or the maximum legal rate if less.
2.9 If we cannot charge your credit card for any reason, we may send you an email requesting you to update your payment information.
2.10 BeautyDel utilizes Stripe as payment collection method. Visit https://stripe.com/en-ca/privacy
3.1 Any cancellation, prior to 48 hours of service, will receive full refund of the 15% deposit fee. Any cancellation within 48 hours is not subject to a 15% refund, but may have the deposit fee credited towards a future booking. Missed appointments or cancellation within 1 hour of notice will be subject to 50% Service fee. To cancel an appointment, contact the BeautyDel team at firstname.lastname@example.org. If (i) our service provider does not arrive at the appointment location in time or (ii) we cancel your appointment with our service provider at the time when the appointment begins, we may, in our sole discretion, provide you with a refund.
4. Referral Credits
4.1 We offer promotional credits for referring new users (hereinafter, referred to as “Promotional Credits”). You can receive Promotional Credits only if the referred user is a new bona fide user who: (i) registers; and (ii) uses the paid Services provided by BeautyDel within a time period of 90 days commencing on the date when his/her was registered.
4.2 You will not receive Promotional Credits for: (i) a referred user who had a pre-existing purchase; or (ii) referring yourself.
5. Promotional Codes
5.1 From time to time, we may create promotional codes (hereinafter, individually referred to as the “Promotional Code” and collectively as the “Promotional Codes”) which can provide you with various benefits, e.g., redeeming credits for your Services. The Promotional Codes may be subject to Supplemental Terms.
5.2 Unless otherwise stated in these Terms or Supplemental Terms, a Promotional Code shall: (i) be used once per person; (ii) be redeemed once per account; (iii) be valid only if it is distributed through official BeautyDel communication channels; (iv) have no cash value.
5.3 Unless otherwise stated in these Terms or any Supplemental Terms, multiple Promotional Codes cannot be used in a single transaction.
5.4 By using our Promotional Codes, you agree: (i) to use the Promotional Codes in accordance with these Terms and any Supplemental Terms applying to the Promotional Codes; (ii) to use the Promotional Codes only for the purpose for which they were created; (iii) to use the Promotional Codes in accordance with the applicable law; (iv) not to duplicate, transfer, redistribute, and alter the Promotional Codes in any manner, including, but not limited to, by making the Promotional Codes available on the Internet; (v) that the Promotional Codes may expire prior to your use of them.
5.5 BeautyDel reserves the right to disable the Promotional Codes without a notice to you. You agree not hold us liable for any loss or damage of any sort incurred as a result of any such disabling of Promotional Codes.
6. Reservation of Rights
6.1 In case we determinate that you use the Promotional Codes or Promotional Credits in violation of these Terms, any Supplemental Terms, or the applicable law, we reserve the right to withhold or deduct credits or other benefits obtained through your use of the Promotional Codes or the Promotional Credits.
6.2 We will not provide you with promotional value adjustments or credits for Promotional Codes or Promotional Credits which you have already redeemed.
7.1 If you provide us with any comments and other suggestions regarding the Services (hereinafter, referred to as the “Feedback”), you agree: (i) to assign to us all rights in the Feedback; (ii) that we will have the right to use the Feedback for any legitimate purpose; (iii) that your Feedback will be treated by us as non-proprietary and non-confidential information.
7.2 You agree not to submit to us any information which you consider to be proprietary or confidential.
8. Your Responsibilities
8.1 As a recipient of in-home beauty Services, you agree to: (i) comply with any Supplemental Terms applying to the Services purchased by you; (ii) create a clean, safe, and comfortable workspace in the room where our service providers are invited to perform the Services; (iii) ensure that our service providers will have access to bathroom facilities, an electrical outlet, and a sink with hot and cold running water; (iv) make sure that the individuals present in the room where our service providers are invited to perform the Services will not use intimidating, harassing, abusive, hostile, and offensive language in the presence of our service providers; (v) ensure child care for a child or children under the age of 13 present in the room where our service providers are invited to perform the Services.
8.2 In case you do not comply with the requirements mentioned in Section 8.1 or if a service provider feels uncomfortable or unsafe in his/her workspace, we reserve the right to terminate the Services.
9. License to Use Services
9.1 Subject to the provisions in the Terms, BeautyDel grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Services.
9.2 You are not entitled to lease, distribute, license, sell, host or commercially exploit the Services.
9.3 Unless you purchase our Services, you are not entitled to seek to hire or otherwise engage our service providers.
9.4 You are entitled to use the Website on a single computer or mobile device solely for your professional or personal use.
9.5 You agree that we may modify, suspend or discontinue the Services or any part therefore at any time with or without notice. You agree not to hold us liable for any such modification, suspension, or discontinuation.
10.1 BeautyDel does not provide any support or maintenance regarding the Services.
11. BEAUTYDEL’s Content
11.1 The website http://www.beautydel.com (hereinafter, referred to as the “Website”) and the Mobile Application contain intellectual property materials that are owned by BeautyDel (hereinafter, referred to as “BeautyDel’s Content”). Such materials include, but are not limited to, text, images, and source code. BeautyDel’s Content is intellectual property of BeautyDel. BeautyDel’s Content is protected by the intellectual property law of Canada and the applicable international intellectual property laws.
12. User-Generated Content
12.1 The Website offer users the opportunity to publish comments and other materials (hereinafter, collectively referred to as “User-Generated Content”).
12.2 BeautyDel wants all users of the Website to have a friendly, interesting, and safe, experience. That is why all users of the Website and any contributions they make to the Website must comply with the following Code of Conduct.
12.3 You further agree that any User-Generated Content submitted by you does not contain any confidential, proprietary or trade secret information. BeautyDel shall have no obligation to store, keep copies of or return any User-Generated Content. BeautyDel further reserves the right, in its
Code of Conduct.
You agree not to submit any User-Generated Content or other material that:
violates the applicable privacy laws;
is an advertisement or promotion for any product or service that had not been approved in writing by BeautyDel;
is submitted by using fake email addresses;
contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
infringes the intellectual property rights of others;
constitutes an unfair or deceptive trade practice;
is false or misleading;
constitutes spam or other abusive messaging;
is abusive, defamatory, harassing, hateful, libellous, obscene, profane, sexually explicit, threatening, and vulgar;
promotes the use of alcohol and tobacco;
is racially, ethnically or otherwise objectionable in any manner;
promotes the use of illegal drugs or any other illegal substances;
BeautyDel reserves the right (but not the obligation) to edit, refuse to post, or to remove any User-Generated Content in whole or in part that BeautyDel deems to be in breach of the Code of Conduct. sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
12.4 You will be solely responsible and liable for, and will indemnify BeautyDel and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
12.5 By publishing User-Generated Content on the Website, you agree that such User-Generated Content may be made publicly available. By publishing User-Generated Content on the Website, you grant to BeautyDel unrestricted, royalty-free, perpetual, and irrevocable rights to:
to archive, cache, crawl, host, index, modify, and store your User-Generated Content to appropriate media formats, standards or mediums as part of the services provided by BeautyDel;
adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your User-Generated Content on the Website;
use your User Generated Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your User-Generated Content in any media format or medium and through any existing or future media channels.
13.1 All BeautyDel’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of BeautyDel included therein, are intellectual property of BeautyDel, its licensors, vendors, agents and/or other content providers.
13.2 All User-Generated Content is owned by their respective owners and BeautyDel is not responsible in any manner for that content.
14. License Restrictions
14.1 Unless explicitly allowed in the Terms, you may not: (i) copy the User-Generated Content and BeautyDel’s Content; (ii) distribute the User-Generated Content and BeautyDel's Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the User-Generated Content and BeautyDel’s Content; (iv) use, rent, loan, sublicense, lease, distribute or attempt to grant other rights to the User-Generated Content and BeautyDel’s Content to third parties.
15.1 BeautyDel will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website are provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
15.2 BeautyDel does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
16. No Reliance
16.1 The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely.
16.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and BeautyDel has no responsibility or liability whatsoever for your use of the Website.
18. Warranty to BeautyDel
18.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; and (iv) you are at least 18 years of age.
19. Third Party Interactions
19.1 The Website may contain links to other websites, services, and advertisements for third parties (hereinafter, collectively referred to as “Third-Party Content”). BeautyDel is not responsible for any Third-Party Content. Such Third-Party Content is not under our control. We provide Third-Party Content as a convenience only.
19.2 BeautyDel does not monitor, warrant, review, approve, endorse, or make any representations regarding the Third-Party Content.
19.3 The Third Party-Content is governed by the terms and conditions, privacy policies, and other documents published by third parties. Before using any Third-Party Content, please familiarize yourself with the documents governing that Third-Party Content.
19.4 Your interactions with users of other websites and services are solely between you and the other users. You agree not to hold us liable for any loss or damage resulting from such interactions.
19.5 We shall not be obliged to intervene in disputes between you and users of other websites and services.
20. Limitation of Liability
20.1 Nothing in these Terms shall limit or exclude our liability for: (i) for fraud; (ii) for death or personal injury caused by our negligence; (iii) for any breach of the obligations implied by applicable laws; or (iv) any liability which cannot be excluded by law.
20.2 Subject to Section 19.1 of these Terms, BeautyDel will not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. BeautyDel maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the customer to BeautyDel in relation to the Services in question.
21.1 You hereby agree that you shall indemnify, defend, and hold BeautyDel, its licensors, and each such party’s agents, employees, attorneys, affiliates, officers, directors, users, employees, and subsidiaries harmless from and against any expenses, damages, losses, liabilities, claims, and cost (including attorney’s fees) arising out of or in connection with: (i) your use of the Services; (ii) your violation of rights of third parties; and (iii) your violation of these Terms, any Supplemental Terms, or the applicable laws.
22.1 Upon the arrival of the service provider, you and the service provider must perform an identification check of one another.
22.2 All BeautyDel service providers are carefully selected, talented professionals who undergo a rigorous application process to ensure the highest quality services. As part of the recruitment process, BeautyDel conducts one-on-one interviews, and experience check.
23.1 WE PROVIDE THE SERVICES, INCLUDING THE WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BEAUTYDEL EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND (IRRESPECTIVELY OF WHETHER THESE WARRANTIES AND CONDITIONS ARE EXPRESSED OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ACCURACY.
23.2 WE AND OUR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES: (i)WILL SATISFY YOU; (ii) BE LEGAL, UNINTERRUPTED, COMPLETE, ACCURATE, SECURE, RELIABLE, SAFE; (iii) HAVE NO ERRORS; (iv) BE TIMELY PROVIDED; (v) BE FREE OF VIRUSES AND OTHER MALICIOUS CODE; (vi) MEET YOUR REQUIREMENTS.
23.3 WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY OUR SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES CAUSED WHILE OUR SERVICE PROVIDERS IS AT YOUR OFFICE, HOME, VENUE OR ANY OTHER INDICATED LOCATION.
23.4 SINCE SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE IMPLIED WARRANTIES, PLEASE NOTE THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
24. Governing law
24.1 The Terms shall be governed by the laws of Ontario, Canada.
25. Dispute Resolution
25.1 To the extent not prohibited by the applicable law, BeautyDel and you agree to resolve any disputes arising out of or related to these Terms or your use of the Services by binding arbitration, except for claims related to misappropriation, violation, and threatened infringements of trade secrets, trademarks, copyrights, and other intellectual property laws.
25.2 To the extent not prohibited by the applicable law, you and BeautyDel are waiving the right to a trial by jury or to participate as a plaintiff or class user in any class action or representative proceedings.
25.3 Unless otherwise stated in an agreement concluded between you and BeautyDel, you and BeautyDel may not: (i) preside over any form of representative proceeding; (ii) preside over any form of class proceeding; and (iii) consolidate more than one person’s claims. If a court or an arbiter finds this Section 23. 3 to be unenforceable, then Section 23 “Dispute Resolution” shall be deemed void in its entirely. Unless otherwise stated in these Terms, the Section “Dispute Resolution” shall survive any termination of these Terms.
25.4 Unless otherwise stated in these Terms, any dispute arising out or in relation to the Terms, any Supplemental Terms, and the Services will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act of Ontario. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each side shall pays its own attorneys’ fees and expenses unless there is a statutory provision to the contrary.
25.5 The arbitrator’s award damages must be consistent with the clauses of these Terms which limit the liability of BeautyDel.
26.1 We may modify these Terms from time to time. In case we make any substantial modifications, we may inform you about those modifications either (i) by sending an email to the last e-mail address which you provided to us (if any) or (ii) by posting a notice of the modifications on the Website.
26.2 Any changes to these Terms will enter into force upon the expiration of a time period of (30) calendar days commencing on the day when we inform you about the modifications by sending you an email or posting a notice of the modifications on the Website (whichever is earlier).
26.3 It is your responsibility to provide us with a valid e-mail address. If your e-mail address is not valid or incapable of receiving the notice of modifications of the Terms, our dispatch of a notice to your email address shall constitute an effective notice.
26.4 By using the Services following the entry in force of any modified Terms, you agree to be bound by the modified Terms.
27.1 You acknowledge the contagious nature of the Coronavirus/Covid-19 and public health authorities still recommend practicing social distancing.
27.2 You further acknowledge that BeautyDel has put in place preventative measures to reduce the spread of the Coronavirus/Covid-19.
27.3 You further acknowledge that BeautyDel cannot guarantee that you will not become infected with the Coronavirus/Covid-19. You understand that the risk of becoming exposed to and/or infected by the Coronavirus/Covid-19 may result from the actions, omissions, or negligence of yourself and others.
27.4 You voluntarily seek services provided by BeautyDel and acknowledge that you are increasing your risk to exposure to the Coronavirus/Covid-19. You acknowledge that you must comply with all set procedures to reduce the spread while attending the appointment.
27.5 You attest that:
* You are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* You have not traveled internationally within the last 14 days.
* You have not traveled to a highly impacted area within Canada in the last 14 days.
* You do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/Covid-19.
* You have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* You am following all CDC (Center for Disease Control and Prevention) recommended guidelines as much as possible and limiting my exposure to the Coronavirus/Covid-19.
27.6 You hereby release and agree to hold BeautyDel harmless from, and waive on behalf of yourself, your heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from BeautyDel. You understand that this release BeautyDel from any liability or claim that you, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from BeautyDel.
28.1 If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
29 Entire Agreement
30. Last Amendment
30.1 These Terms have been last amended on 1st of April 2021.