BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, SERVICE PROVIDERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO SERVICE PROVIDERS PAYING CLIENTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, SERVICE PROVIDERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A THEIR SERVICES OR ACCEPTING CLIENTS. CERTAIN TYPES OF BEAUTY SERVICES MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. SERVICE PROVIDERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SERVICE ON BLOSHER.
Last Updated: May 9, 2016
BLOSHER provides an online platform that connects Service Providers who have Beauty Services to list and book with Clients seeking to book such Beauty Services (collectively, the “Services“), which Services are accessible at www.blosher.com and any other websites through which BLOSHER makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and BLOSHER, Inc. If you initially reside in the USA and contract with BLOSHER, Inc., but subsequently change your residence to outside of the USA, you will contract with BLOSHER China if you change your residence to China and with BLOSHER Ireland otherwise, from the date on which your place of residence changes, and so on and so forth. (BLOSHER, Inc., BLOSHER Ireland and BLOSHER China are each hereinafter referred to as “BLOSHER“, “we“, “us“, or “our“). Additionally, if your BLOSHER contracting entity under this Section is BLOSHER China, you will nevertheless contract with BLOSHER Ireland for all Bookings confirmed prior to December 7, 2016 at 10:00am UTC. BLOSHER Payments, Inc., BLOSHER Payments UK Ltd., BLOSHER Payments India Pvt. Ltd. and BLOSHER China (individually and collectively, as appropriate, “BLOSHER Payments“) handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by BLOSHER Payments are subject to the Payments Terms of Service (“Payments Terms“).
“BLOSHER Content” means all Content that BLOSHER makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” means a limited service provided by the Service Provider to the Client by means of delivering the beauty service as listed by the Service Provider.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Client (as determined by BLOSHER in its sole discretion), within which a Service Provider may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and BLOSHER Content.
“Communication” means an email, message via the Application, text message or message to a WeChat or Messenger account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Client” means a Member who requests from a Service Provider a Booking of a Listing via the Site, Application or Services, or a Member who gets a beauty service listed and is not the Service Provider for the associated Listing.
“Service Provider” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Service that is listed by a Service Provider as available for Booking via the Site, Application, and Services.
“Member” means a person who completes BLOSHER’s account registration process, including but not limited to Service Providers and Clients, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or BLOSHER promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), fees that Service Providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Beauty Center” or “Salon” means the shop where the Service Provider may deliver the service, or that represents the usual place of work of the Service Provider
“Product” means the consumable or tools that may be used by the Service Provider during the Booking.
Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS MAY CREATE LISTINGS FOR BEAUTY SERVICES AND CLIENTS MAY LEARN ABOUT AND BOOK BEAUTY SERVICES DIRECTLY WITH THE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT BLOSHER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROVIDERS AND CLIENTS, NOR IS BLOSHER A BEAUTY SALON OWNER, AGENT OR OPERATOR. BLOSHER HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS, CLIENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BEAUTY SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON BLOSHER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BLOSHER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF BLOSHER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF BLOSHER. BLOSHER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF BLOSHER, INCLUDING BY INAPPROPRIATELY USING ANY BLOSHER INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
BLOSHER reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your BLOSHER Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, BLOSHER will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from BLOSHER’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of Beauty Services. Such Beauty Services are included in Listings on the Site, Application and Services by Service Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Beauty Service or create a Listing, you must first register to create an BLOSHER Account (defined below).
As stated above, BLOSHER makes available an online platform or marketplace with related technology for Clients and Service Providers to meet online and arrange for Bookings of Beauty Services directly with each other. BLOSHER is not an owner or operator of Beauty or Aesthetic Centers, including, but not limited to, Salons, Beauty Centers, SPAs, Nail Salons, nor is it a provider, nor manufacturer of Beauty Products or Tools including but not limited to Hair Products, Nail Products, Makeup Products, Cream products; nor deliver beautician services, including, but not limited to, nails, spa, hair, massage, wax and BLOSHER does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control beauty centers, including, but not limited to, Salons, Beauty Centers, SPAs, Nail Salons or transportation or beauty services. Unless explicitly specified otherwise in the BLOSHER platform, BLOSHER’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SERVICE PROVIDERS AND CLIENTS CONNECTING AND BOOKING BEAUTY SERVICES DIRECTLY WITH EACH OTHER. BLOSHER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BEAUTY SERVICES. BLOSHER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BEAUTY SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Beauty Service or create a Listing, you must register to create an account (“BLOSHER Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BLOSHER Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to BLOSHER through the Site, Services or Application; or (ii) allowing BLOSHER to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BLOSHER and/or grant BLOSHER access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BLOSHER to pay any fees or making BLOSHER subject to any usage limitations imposed by such third-party service providers. By granting BLOSHER access to any Third-Party Accounts, you understand that BLOSHER will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your BLOSHER Account and BLOSHER Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your BLOSHER Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or BLOSHER’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your BLOSHER Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. BLOSHER makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and BLOSHER is not responsible for any SNS Content.
Your BLOSHER Account and your BLOSHER Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BLOSHER Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BLOSHER reserves the right to suspend or terminate your BLOSHER Account and your access to the Site, Application and Services if you create more than one (1) BLOSHER Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on BLOSHER, you are not permitted to share your BLOSHER Account with anyone or allow others to access or use your BLOSHER Account. BLOSHER may enable features, in our discretion, that allow other Members to take certain actions associated with your BLOSHER Account, on your behalf with your express authorization, such as having your executive assistant, agent, or employer book on your behalf or adding a family member to your account as an additional Service Provider. You agree that you will take sole responsibility for any activities or actions under your BLOSHER Account, whether or not you have authorized such activities or actions. You will immediately notify BLOSHER of any unauthorized use of your BLOSHER Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Beauty Service to be listed, including, but not limited to, the delivery method, features, products, time, and availability of the Beauty Service and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Beauty Services must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Client and Service Provider preferences, ratings and/or ease of Booking.
Other Members will be able to book your Beauty Service via the Site, Application and Services based upon the information provided in your Listing, your Client requirements, and Clients’ search parameters and preferences. You understand and agree that once a Client requests a Booking of your Beauty Service, you may not request the Client to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Client’s stay at, an Beauty Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as aesthetician or stylists association or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Beauty Service included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that BLOSHER assumes no responsibility for a Service Provider’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. BLOSHER reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BLOSHER, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or BLOSHER’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Service Provider, you understand and agree that BLOSHER does not act as an insurer or as your contracting agent. If a Client requests a Booking of your Beauty Service and stays at your Beauty Service, any agreement you enter into with such Client is between you and the Client and BLOSHER is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Beauty Service, such as requiring Members to have a profile picture or verified phone number, in order to book your Beauty Service. Any Member wishing to book Beauty Services included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Service Providering” section of the Site, Application and Services.
If you are a Service Provider, BLOSHER makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your Beauty Service. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Beauty Service at your request or invitation, excluding the Client (and the individuals the Client invites to the Beauty Service, if applicable.)
BLOSHER recommends that Service Providers obtain appropriate insurance. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Clients.
BLOSHER may offer Service Providers the option of having photographers take photographs of their Beauty Services. If you as a Service Provider choose to have photographer do this, BLOSHER shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “BLOSHER.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Service Provider for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute BLOSHER Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from BLOSHER. If your BLOSHER Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that BLOSHER retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.