THE FOLLOWING AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH GROOMED, INC. OFFERS YOU ACCESS TO THE GROOMED PLATFORM.
This Agreement constitutes a legal agreement between you “you” or “your”) and Groomed, Inc. ("Groomed" or "us"). This Agreement governs your use of the mobile application we make available (the “App”), our website, located at https://www.groomedapp.com (the "Site") and technology platform (collectively, the “Groomed Platform”).
The Groomed Platform provides a marketplace where professionals who wish to provide haircuts, shaves and other barber services (“Stylists”) can discover and communicate with individuals desiring to have such services performed at the time and place of their choosing (“Customers”). Customers and Stylists are collectively referred to as “Users” and each User must create a User account in order to access the Groomed Platform. For purposes of this Agreement, the services provided by Stylists to Customers shall be referred to collectively as the “Services”.
GROOMED DOES NOT PROVIDE THE SERVICES AND IT IS UP TO EACH STYLIST TO DECIDE WHETHER OR NOT TO OFFER SERVICES TO A CUSTOMER THAT THE STYLIST HAS BEEN CONNECTED TO VIA THE GROOMED PLATFORM. A CUSTOMER’S DECISION TO ACCEPT SERVICES FROM A STYLIST IS A DECISION MADE SOLELY AT SUCH CUSTOMER’S DISCRETION. EACH INSTANCE OF A SERVICES PROVIDED BY A STYLIST TO A CUSTOMER IS A SEPARATE AGREEMENT BETWEEN SUCH INDIVIDUALS AND THAT GROOMED HAS NO LIABILITY FOR ANY SERVICES OR ANY ACTS OR OMISSIONS OF THIRD PARTIES.
By creating your User account and using the Groomed Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE GROOMED PLATFORM.
1. Permitted Access
The Groomed Platform is available only to individuals who can enter into legally binding agreements under applicable law. Without limiting the foregoing, individuals under the age of 18 or Users who have had their User account temporarily suspended or permanently deactivated do not have permission to use the Groomed Platform. By becoming a User, you represent and warrant that: (i) you are at least 18 years old and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
As a Customer, you agree that any amounts you are charged following a Stylist providing Services are mandatory and due and payable immediately after the Stylist provides the Services (“Charges”). These amounts include fees charged by each Stylist (“Stylist Fees”) and other applicable fees, tolls, surcharges and taxes, plus any tip to the Stylist that you elect to pay. The Charges for Services vary from Stylist to Stylist based on the Stylist Fees he or she offers and each Customer is responsible for reviewing the applicable Charges and shall be responsible for all Charges incurred under such Customer’s User account. CUSTOMERS ARE RESPONSIBLE FOR ALL CHARGES INCURRED WHETHER OR NOT THEY WERE AWARE OF SUCH CHARGES OR THE AMOUNTS THEREOF.
- Stylist Fees. Stylist Fees consist of the price each Stylist sets for the Services each Stylist offers. Stylist Fees are quoted in advance.
- Cancellation Fee. In the event that a Customer cancels an appointment with a Stylist less than twenty four (24) hours prior to the scheduled appointment time, Customer will pay a “Cancellation Fee”. We may also charge a Customer a Cancellation Fee if we suspect you have intentionally cancelled an appointment or appointments in an attempt to disrupt the Groomed Platform.
- Other Charges. Other fees, tolls and surcharges may apply, including state and local fees and bridge tolls. In addition, where required by law, Groomed will collect applicable taxes. All tips will be provided in their entirety to the applicable Stylist.
- Third Party Payment Processors. All Charges are facilitated through our third party payment processing service, Stripe. Groomed may replace such third party payment processors at our sole discretion and without notice to you. Charges shall only be made through the Groomed Platform – cash payments are strictly prohibited.
- No Refunds. Charges are assessed within 24 hours of the Services having been rendered by the Stylist. All Charges are non-refundable, irrespective of your decision to stop using the Groomed Platform.
As a Stylist, you will receive applicable Stylist Fees (as described above) and any tips provided by Customers in exchange for the Services you provide. Groomed will process all payments due to you (including tips) through its third party payments processor. You acknowledge and agree that such amounts will be net of any amounts that we are required by law to withhold.
In exchange for permitting you to offer your Services via the Groomed Platform, you agree to pay Groomed a fee for each transaction in which you provide Services to a Customer (the “Administrative Fee”). The Administrative Fee will be communicated to you by Groomed, and Groomed reserves the right to change the Administrative Fee at our sole discretion. Groomed will provide you with notice of any change to the Administrative Fee. Your continued use of the Groomed Platform after any such change to the Administrative Fee will constitute your consent to such change.
3. Groomed Communications
By creating your User account you agree to receive messages from us, including (but not limited to) via text message, email, calls and push notifications. You understand and consent that such messages may include:
- updates detailing current or future features of the Groomed Platform;
- information about promotions run by us or in conjunction with our third party partners; and communications regarding your use of the Groomed Platform; and
- communications regarding your use of the Groomed Platform
Standard text messaging charges imposed by your cell phone carrier will apply to any text messages we send you.
By providing your phone number and using the Groomed Platform, you agree that we may use your phone number to place calls and send text messages in order to facilitate Stylists providing Services to Customers.
4. User Information and Accounts
You are solely responsible for your Information and represent and warrant to us that your Information is yours. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use, copy, perform, create derivative works of and distribute your Information. You retain all rights to your Information, subject to the rights granted to us above.
Please remember that you are the only person authorized to access your User account. You are responsible for maintaining the confidentiality of any password that you provide to create your User account and access the Groomed Platform. You are solely responsible for all activities that occur as a result of use of your User account, and Groomed expressly disclaims any liability arising from the unauthorized use of your User account. If you become aware of unauthorized use or a security breach related to your User account, you will notify us immediately.
5. Third Party Social Network Accounts
You may have the option to use existing third party social network accounts (each, a “Third Party Account”) you have previously created to login and/or augment your User account. You agree that Groomed may access, make available and store content, friend lists, and other information you make available to us via your Third Party Accounts (“Social Network Content”). Unless otherwise specified in this Agreement, the Social Network Content you provide to us will remain your information.
6. Prohibited Conduct
You agree that the following activities are expressly prohibited while using the Groomed Platform, and that you will not:
a. stalk, threaten, harass, attack or injure any person;
b. provide the location where Services are rendered to any other User not providing or receiving such Services or any third party;
c. impersonate any person;
d. violate any law, statute, regulation or ordinance;
e. disrupt the Groomed Platform;
f. post Information that is false, inaccurate, misleading, defamatory, libelous, abusive, obscene, profane, offensive, sexually explicit, harassing, threatening, or illegal;
g. use the Groomed Platform or post any Information in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secrets or other rights of publicity or privacy;
h. post a review or rating that does not contain your genuine opinion;
i. modify, adapt, create derivative works of, reverse engineer the Groomed Platform or any portion or any part of the Groomed Platform;
j. use any robot, spider, application or any other automatic or manual means to retrieve, scrape or otherwise data mine the Groomed Platform;
k. link to any website not operated by Groomed; or
l. cause a third party to engage in the prohibited activities listed above.
We reserve the right (but have no obligation) to suspend or terminate your User account if you engage in any of the prohibited activities above.
7. Stylist Representations and Warranties
By providing Services to Customers, you represent, warrant and agree that:
a. you currently are licensed as a barber by the state in which you are performing Services;
b. all information you provided to the applicable state issuing the license was (and remains) accurate;
c. you will not misrepresent your status as a barber using the Groomed Platform or any function or feature of the Groomed Platform;
d. you are and will be solely responsible for any and all liability that arises (or is alleged to have arisen) as a result of your provision of Services, including but not limited to injury, death and property damage;
e. you will comply with all applicable laws, statutes, regulations and ordinances;
f. you will not attempt to defraud Groomed or Customers in connection with the provision of the Services;
g. you will pay all applicable federal, state and local taxes arising from your provision of Services, including from any payments made to you by Groomed;
h. you agree that we may obtain information about you, including your criminal record, and you agree to provide any authorizations required for us to gather such information.
i. you will secure the rights to any and all media you post to the Groomed Platform.
We reserve the right (but have no obligation) to suspend or terminate your User account if you breach any of the representations and warranties above.
8. Proprietary Rights
All intellectual rights in the Groomed Platform and the Groomed logos, designs, icons and service names (“Groomed Marks”) are owned solely by Groomed. This includes, but is not limited to copyright, design rights, trademarks (registered or unregistered) and other similar rights existing throughout the world together with the right to apply for protection of the same. You agree that any questions, comments, suggestions and feedback (“Feedback”) provided by you to us will be our sole property. Groomed will own all intellectual property rights in the Feedback and we will be entitled to use the Feedback for any purpose with notice or compensation to you.
You agree that you will not:
a. create any materials that incorporate the Groomed Marks or any derivative of the Groomed Marks other than as expressly approved by Groomed in writing;
b. use the Groomed Marks in any way that would impair their validity as proprietary trademarks, service marks, trade names, or trade dress, or use the Groomed Marks other than in accordance with the terms and conditions herein;
c. take any action that would impair Groomed’s rights as owner of the Groomed Marks, or the legality/enforceability of the Groomed Marks, including without limitation challenging or opposing Groomed’s ownership in the Groomed Marks;
d. use the Groomed Marks in connection with any product, service r activity that is in violation of any law, statute, ordinance or regulation; or
e. apply for a trademark registration or renewal of the trademark registration of any of the Groomed Marks or any derivative of the Groomed Marks.
You acknowledge that any violation of this Section may result in the immediate termination of your User account.
THE GROOMED PLATFORM AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GROOMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. GROOMED DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE GROOMED PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GROOMED PLATFORM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GROOMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We have no control over the quality of any of the Services offered or performed. We cannot ensure that a Stylist will complete any Services he or she offers, nor can we ensure the quality of such Services.
Groomed is not responsible for the conduct, whether online or offline, of any User. You are solely responsible for your interactions with other Users. We do not provide insurance for Stylists or Customers, nor are we responsible for any damage to property or personal injury arising from use of the Groomed Platform or provision of the Services. By using the Groomed Platform you agree to accept such risks and agree that Groomed is not responsible for the acts of any Users of the Groomed Platform or participating in the Services.
The Groomed Platform may contain links to websites owned and operated by third parties, as well as pictures, information, music, design, video, applications, or software originating from third parties (“Third Party Content”). We are not responsible for any Third Party Content.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents and shareholders (the “Groomed Parties”) harmless from any claims, actions, suits, losses, costs liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Groomed Platform, including:
a. Your breach or violation of these Terms;
b. Any provision of Services;
c. Any allegation that any materials that you submit to us or transmit through the Groomed Platform violates any rights of a third party; and
d. Your violation of any law, statute, regulation or ordinance or rights of a third party, including without limitation other Users.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL GROOMED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE GROOMED PLATFORM OR THE SERVICES INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GROOMED, CORRUPTION OR LOSS OF DATA, (II) THE SERVICES PROVIDED BY A USER TO OTHER USERS OR USERS, INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGE, PROPERTY DAMAGE, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS, OR (III) ANY OTHER DAMAGES OF ANY KIND ARISING FROM USE OF THE GROOMED PLATFORM, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OF OR HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute or disputes with one or more other Users, you agree to release the Groomed Parties from claims, demands and damages of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or in any way connected to such disputes. We reserve the right (but have no obligation) to monitor disputes between Users.
BECAUSE GROOMED IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE GROOMED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR 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 DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Any dispute or claim relating in any way to your use of the Groomed Platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Claims shall be brought within the time required by applicable law. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You acknowledge and agree that we each waive any right to a jury trial or the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
14. No Agency
You and Groomed are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is created by this Agreement.
Except as explicitly stated otherwise, any notice to Groomed shall be given by certified mail, postage prepaid and return receipt requested to:
8 The Green, Suite 5188
Dover, DE 19901
This Agreement is governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that we may assign this Agreement (and all incorporated agreements) without providing notice to, or obtaining consent from, you. Failure by either party to take action in response to a breach of this Agreement by the other party does not constitute a waiver of the non breaching party’s right to act in response to such breach, or any similar breaches that may occur in the future. This Agreement sets forth the entire understanding between you and Groomed with respect to the subject matter hereof.
Last updated: January 18, 2017