TERMS AND CONDITIONS, APRIL, 2021
IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND STYLEME DIGITAL INC. THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.STYLEME.STORE AND ANY OTHER WEBSITE OWNED AND OPERATED BY STYLEME DIGITAL INC. (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY STYLEME DIGITAL INC. SOFTWARE, INCLUDING ANY STYLEME DIGITAL INC. MOBILE APPLICATIONS (THE “APP(S)”) OR OTHER SERVICES OFFERED BY STYLEME DIGITAL INC., ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME-TO-TIME (COLLECTIVELY, THE WEBSITE(S), APP(S) AND SERVICES ARE REFERRED TO AS “SERVICE(S)” OR “PLATFORM”).
I. Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Platform, you are accepting this Agreement and agreeing to use the Platform in accordance with the terms and conditions in this Agreement. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you. A copy of these Terms and Conditions may be downloaded, saved and printed for your reference.
II. You confirm that you can enter the Agreement. As a condition of your use of the Platform, you confirm and warrant to us that you meet the eligibility requirements. Persons under 18 are prohibited from providing personal information on our Platform. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the involvement of your parent or guardian. Make sure that you review these terms with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to this Agreement and have the right, authority, and capacity to enter into these terms.
III. If you do not agree with all of the provisions of these terms, do not access and/or use the Platform.
overview
A. By visiting our Platform and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the all of the terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
B. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
C. The Company is a technology platform who connects you, the Customer with Stylists and offers personal styling products for sale directly to you, the Customer. The Company’s Platform includes the Company’s Website, mobile applications on iOS and Android, and any other medium where Customers may be connected to and book services with Stylists through the Company or buy products from the Company.
1. online store terms
1.1 You may not use our Platform for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.2 You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.3 StyleMe provides an online platform that allows individuals to make purchases of products from StyleMe and connects personal Stylists (“Stylists”) with individuals (“Customers”) or businesses (“Customers”) that want to purchase and/or receive such services, together (herein “Customers”). As a user of the Platform, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete, including with regard to payment information. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, from time-to-time, and to the maximum extent permitted by law: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or yearly basis) for membership renewals, (iii) if necessary, obtain updates from card issuers for cards provided to us, (iv) if necessary, bill you, in a prorated manner (including with regard to cancellation of Services, for which you may not be entitled to a full or complete refund), in accordance with the particular fee terms for the Service you are purchasing when a recurring basis transaction is at issue, (v) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so; (vi) communicate with you about your account and/or subscription via email, text message, push notification or other means, including to confirm that your appointment has been booked. You understand that any personal information you provide will be treated in accordance with StyleMe’s Privacy Policy available at https://www.styleme.store/privacy-policy. YOU UNDERSTAND AND AGREE THAT STYLEME HAS NO CONTROL OVER THE CONDUCT OF THE STYLISTS OR CUSTOMERS.
1.4 Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required to register to create an account (“Account”). In connection with setting up your Account with StyleMe, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time-to-time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify StyleMe of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by contacting StyleMe through its contact page.
1.5 Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Platform, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each Promo Code may only be redeemed once per account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official StyleMe communications channels are valid. 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 forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
1.6 Gift Cards – for specific terms relating to StyleMe gift cards, please click here https://www.styleme.store/giftcardterms/.
2. General conditions
2.1 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.2 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.3 When you use the Platform, you agree that you will not:
2.3.1 Violate this Agreement or any StyleMe rules regarding use of the Platform;
2.3.2 Violate any law or regulation;
2.3.3 Breach any agreements you enter into with any third parties;
2.3.4 Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
2.3.5 Engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;
2.3.6 Stalk, harass, or harm another individual;
2.3.7 For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform or in connection with StyleMe;
2.3.8 Impersonate any person or entity or perform any other similar fraudulent activity;
2.3.9 Harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;
2.3.10 Collect, distribute or gather personal or aggregate information, including Internet, Email or other electronic addresses, about StyleMe’s customers or other users;
2.3.11 Upload, post, Email or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
2.3.12 Use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps (although StyleMe may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and StyleMe reserves the right to revoke these exceptions either generally or in specific cases);
2.3.13 Attempt to circumvent any technological measure implemented by StyleMe or any of StyleMe’s providers or any other third party (including another user) to protect the Websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or
2.3.14 Advocate, encourage, or assist any third party in doing any of the foregoing.
3. MOBILE APPLICATION LICENSE
3.1 Subject at all times to this Agreement, if you elect to download the StyleMe’s mobile Apps on iOS or Android, the following also applies: StyleMe grants you a license to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:
3.1.1 Revocable – we have the right to remove your ability to use the App in accordance with these Terms;
3.1.2 Non-exclusive – other people can access and use the App;
3.1.3 Non-transferable – you can’t pass this right to someone else or sublicense the license; and
3.1.4 limited – the license does not extend beyond what has just been described above.
3.2 Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store.
3.3 As a user of the App, you are entitled to receive software updates or upgrades for your mobile devices, and you may be required to install or allow installation as a condition of continued use of the App. Updates or upgrades can be necessary for reasons such as enabling new features, or enhancing security. You consent to receive updates and upgrades automatically through the Internet without StyleMe obtaining further consent each time. The Platform may: (i) cause your device to automatically communicate with StyleMe’s servers to deliver the functionality described in the product description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored your mobile device; and (iii) collect personal information as set out in our Privacy Policy. You can withdraw your consent at any time under certain conditions, please contact us at our contact page. We will not be responsible if an update or upgrade affects how your App works if this is caused by your own equipment – such as your mobile device or broadband not supporting the update or upgrade.
4. accuracy, completeness and timeliness of information
4.1 We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
4.2 This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.
5. MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our services / products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS AND SERVICES
6.1 Certain products or services may be available exclusively online through the Platform. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which can be accessed at www.styleme.store/returnpolicy.
6.2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Platform is void where prohibited.
6.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.4 Pricing and Fees. In addition to the Services, we provide certain products for sale on our Website. If you wish to purchase any products or services through the Platform (“Products”), you will be required to supply certain information applicable to your purchase, including payment, billing, contact, and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price of the product or service will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price and payment terms advised to you is correct. Further, as a Customer, you may elect to tip your Stylist. You acknowledge that StyleMe does not determine or mandate any such tip or gratuity amount and you hereby agree to pay the amount you authorize as a tip for your Stylist.
6.5 Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Platform. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Platform. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.
6.6 When you must pay and how you must pay. You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide StyleMe with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or any other payment or financial mechanism specified by StyleMe (“Payment Provider”) as a condition to making any payments. The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. StyleMe uses Stripe as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for Products, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/ca/privacy/ and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with Payment Provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. While you may cancel your Service at any time, you may not be eligible for a full refund (or for a prorated refund) depending upon the terms relating to your Service found in the applicable order pages and StyleMe’s Privacy Policy, to the maximum extent permitted by law.
6.7 Shipments. When you place an order, we will confirm your address by sending an Email to the Email address you provided when you placed your order. Your placement of an order through our Platform is an offer to purchase the products and/or services ordered and we may accept your order by processing your payment and shipping the products or making available your purchased services. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by StyleMe until the product(s) has been shipped or service(s) made available. If some of products in your order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the Email address you provided. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
6.8 Returns. See StyleMe’s Refund Policy: www.styleme.store/returnpolicy/
6.9 It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
6.10 What if I think I was charged incorrectly. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to via StyleMe’s contact page.
6.11 If you need to reschedule or cancel a booking, if you cancel within 4 hours of your booking time, a $20 service fee is retained and the remainder of your booking will be refunded to you. If you cancel less than 4 hours from your booking time, the charges are unable to be refunded. Cancellation can be made by the Customer within the Customer Portal, which the Customer can access on the Platform by accessing their bookings, and take cancellation action.
7. OPTIONAL TOOLS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.4 We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. third-party links
8.1 Certain content, products and services available via our Service may include materials from third-parties.
8.2 Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. user comments, feedback and other submissions
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by Email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false Email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.