Terms of Service for BeautiMe Partners and Users
By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “Partner”, “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. If you have any questions, please contact us at captain@BeautiMe.co.
1. Scope of our Service
When rendering our services, the information that we disclose is based on the information provided to us by the business providers. As such, the business providers are given access to a business application interface through which they are fully responsible for updating all rates, availability and other information which is displayed on our application. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our application or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each business provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our application. Our application does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any business service made available.
To the extent permitted by law, we shall not be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the services as made available on our application, (iii) the services rendered or the products offered by the business provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our application, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the services or any of our other business partners whose products or service are (directly or indirectly) made available, offered or promoted on or through the application, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
3. BeautiMe is a venue
BeautiMe acts as a venue to allow BeautiMe Partners who comply with BeautiMe’s policies to showcase their business profile and services with media content. BeautiMe has no control over the quality, safety, morality or legality of any aspect of the services provided, the truth or accuracy of the listings, the ability of our partners to sell items or the ability of buyers to pay for items. BeautiMe does not pre-screen users or the content or information provided by users and partners in the venue. BeautiMe cannot ensure that a customer will actually turns up for your booking, nor the partner will provide you the service to your expectation as described on BeautiMe. BeautiMe cannot guarantee the true identity, age, nationality, or sense of humor of a user. You agree that BeautiMe is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BeautiMe. You use the BeautiMe service at your own risk.
4. Membership Eligibility
Age: BeautiMe’s services are available only to, and may only be used by, individuals who are 16 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 16 years old and that all registration information you submit is accurate and truthful. BeautiMe may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 16 must at all times use BeautiMe’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 16 years of age. In this all cases, the adult is the user and is responsible for any and all activities. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by BeautiMe’s policies as stated in the Agreement and the BeautiMe policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BeautiMe, each of which is incorporated herein by reference and each of which may be updated by BeautiMe from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by BeautiMe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BeautiMe of any unauthorized use of your password or any breach of security. You also agree that BeautiMe cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than BeautiMe without BeautiMe’s express written permission. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your BeautiMe account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: BeautiMe’s services are not available to temporarily or indefinitely suspended BeautiMe members. BeautiMe reserves the right, in BeautiMe’s sole discretion, to cancel unconfirmed or inactive accounts. BeautiMe reserves the right to refuse service to anyone, for any reason, at any time.
5. Fees and Services
Joining, setting up an account, BeautiMe users making a transaction or BeautiMe’s Partners listing their services on BeautiMe is free. BeautiMe may in the future charge commission the transaction from Merchant.
6. Partners Service Listing and Fulfilment of Service
Service Listing Description: By listing a service on the Site you warrant that you and all aspects of the service comply with BeautiMe’s published policies. You also warrant that you may legally provide the service to BeautiMe users. You must accurately describe your service and all information of your business in your BeautiMe profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that service. All services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the services for sale in that listing. Binding Booking: All bookings are binding. The BeautiMe Partner is obligated to respond to the booking enquiry or otherwise complete the transaction with the customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the customer fails to show up for the appointment, or (b) the BeautiMe Partner cannot authenticate the customer’s identity. The BeautiMe user is obligated to turn up for the promise of the appointment, otherwise the BeautiMe user may be blacklisted as a bad user. Under such circumstances, BeautiMe reserve the rights to remove any bad user. Fee Avoidance: If the price is stated in each service listing description, BeautiMe partners must ensure it to be an accurate representation of the service they provide. BeautiMe Partners reserve the rights to amend the actual price to be paid. BeautiMe maintains as a venue to serve the information from our Partners to our Users.
7. Prohibited, Questionable and Infringing Items and Activities
9. Information Control
BeautiMe does not control the originate of the Content provided by users that is made available on BeautiMe. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using BeautiMe, you agree to accept such risks and that BeautiMe (and BeautiMe’s officers, directors, agents, subsidiaries, joint ventures, creators and employees) is not responsible for any and all acts or omissions of users on BeautiMe. Please use caution, common sense, and practice safe buying and selling when using BeautiMe. Other Resources: BeautiMe is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BeautiMe does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BeautiMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
10. Booking Appointment
BeautiMe Partners and Users may arrange appointment for BeautiMe partner to provide their services to one or more individuals. Partners and Users are solely responsible for interactions with others. BeautiMe Partners and Users must comply with BeautiMe’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. BeautiMe is not involved with user generated groups, the groups’ requirements, or the Meetings. BeautiMe does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that BeautiMe does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
11. Resolution of Disputes and Release
In the event a dispute arises between you and BeautiMe, please contact BeautiMe. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Singapore, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Singapore. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and BeautiMe agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release BeautiMe (and BeautiMe’s officers, directors, agents, subsidiaries, joint ventures, creators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BeautiMe encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. BeautiMe, for the benefit of users, may try to help users resolve disputes. BeautiMe does so in BeautiMe’s sole discretion, and BeautiMe has no obligation to resolve disputes between users or between users and outside parties. To the extent that BeautiMe attempts to resolve a dispute, BeautiMe will do so in good faith based solely on BeautiMe’s policies. BeautiMe will not make judgments regarding legal issues or claims.
12. BeautiMe’s Intellectual Property
BeautiMe, and other BeautiMe graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BeautiMe in Singapore and/or other countries. BeautiMe’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
13. Access and Interference
BeautiMe may contain robot exclusion headers which contain internal rules for software usage. Much of the information on BeautiMe is updated on a real-time basis and is proprietary or is licensed to BeautiMe by BeautiMe’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access BeautiMe for any purpose whatsoever without BeautiMe’s prior express written permission. Additionally, you agree that you will not: – Take any action that imposes, or may impose, in BeautiMe’s sole discretion, an unreasonable or disproportionately large load on BeautiMe’s infrastructure – Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses of BeautiMe from the Site except with prior express written permission of BeautiMe and the appropriate third party, as applicable – Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site – Bypass BeautiMe’s robot exclusion headers or other measures BeautiMe may use to prevent or restrict access to BeautiMe
16. No Warranty
BeautiMe, BeautiMe’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND BeautiMe’S SUPPLIERS PROVIDE BeautiMe’S WEB SITE, MOBILE APP AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BeautiMe, BeautiMe’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES AND BeautiMe’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BeautiMe SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
17. Liability Limit
IN NO EVENT SHALL BeautiMe, AND (AS APPLICABLE) BeautiMe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BeautiMe’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BeautiMe’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BeautiMe’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BeautiMe’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BeautiMe AND (AS APPLICABLE) BeautiMe’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CREATORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
19. No Guarantee
BeautiMe does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BeautiMe’s control.
20. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any BeautiMe service and, if applicable, your listing, purchase, solicitation of offers, and sale of services. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on BeautiMe’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
22. No Agency
You and BeautiMe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. BeautiMe Service
24. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Singapore.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (BeautiMe’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to BeautiMe; Attn:Tan Hong Zhou; 47 Hill Street #06-06 Singapore 179365(in the case of BeautiMe) or, in your case, to the email address you provide to BeautiMe (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BeautiMe may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BeautiMe. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by BeautiMe, located at 47 Hill Street #06-06 Singapore 179365. If you are a Singapore resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
** Effective Date: October 1, 2015.
BeautiMe reserves the right to alter these policies at any time.