StyleSesh Corp (“StyleSesh”, “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through our site, http://www.stylesesh.com (the “Website”), which is accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices. The Website is collectively referred to as the “Platform.”
STYLESESH IS NOT A DIRECT PROVIDER OF SERVICES. STYLESESH PROVIDES INFORMATION RELATED TO AND A MEANS OF OBTAINING SERVICES, WHICH ARE DIRECTLY PROVIDED BY INDEPENDENT CONTRACTORS. STYLESESH ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE SERVICES PROVIDED BY OR ACTIONS OF SUCH INDEPENDENT CONTRACTORS AND/OR THE CLIENTS.
- DESCRIPTION AND USE OF SERVICES
StyleSesh is a 24/7 mobile beauty services company that showcases vetted stylists available for weddings, on-demand beauty, and corporate occasions, including services such as hair, makeup and henna art.
We provide Visitors and Registered Users with access to the Platform as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to view all publicly-accessible content, browse through great products and content, and e-mail us.
Users / Registered Users. Registration and login is mandatory for all Registered User / User services. Users / Registered Users can do all the things that Visitors can do, and can: (a) create an online journal (a “Journal”) where they can upload content, including text, videos, and photos; designate items in the Journal as public or private; and share the Journal with other User / Registered Users; (b) participate in our Contests; (c) purchase and pre-order select products and services; (d) post feedback and comments; and (e) and message other Users / Registered Users.
By agreeing to our Terms and Conditions, we are allowed to post appropriate photos and videos of work done on our clients on our social media platforms for marketing purposes.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any registration in our sole and complete discretion.
The Services are available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you are required to review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
- COMMUNITY GUIDELINES
StyleSesh’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
- You will not take any action that may undermine the feedback, rating, or voting systems
- You will not use the Services for any unlawful purpose
- Users/Registered Users may not use the Services to engage in any commercial activities (other than in connection with purchasing services through the Platform), including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme, unless such activities are approved by StyleSesh and occur on our Sponsored Channel on the Platform;
- You will not access or use the Services to collect any market research for a competing business;
- You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that:
is false, deceptive, misleading, deceitful, or misinformative; advertise on our Sponsored Channel any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including, without limitation, items the sale of which is prohibited or regulated by Canadian law;
infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- We do not post photos with watermarks. Please be advised, if you send us a photo with watermarks, we will crop the watermark out.
- You will not “stalk” or otherwise harass anyone on the platform
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots
- You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to (a) deny you access to the Platform, or any portion of the Services, without notice; (b) remove any User Content that does not adhere to these guidelines; and (c) immediately stop any competition in case of technical problems or violations of this Agreement.
- SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the optional registration process for Registered Users, if you do not login through Facebook Connect or Twitter Connect, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. StyleSesh will not be liable for any loss or damage caused by any unauthorized use of your account.
You agree that StyleSesh may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about any StyleSesh charge on your credit card statement, please follow the instructions found on the Website to contact customer service.
- INTELLECTUAL PROPERTY
The Platform contains material, such as software, text, graphics, images, sound recordings, audio-visual works, and other material provided by or on behalf of StyleSesh (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both Canada and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of StyleSesh (“StyleSesh Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of StyleSesh. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with StyleSesh Trademarks, the “Trademarks”). Nothing on the Platform or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of StyleSesh Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- COMMUNICATIONS TO US; USER CONTENT
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Services provide Registered Users the ability to post and upload user content (e.g., votes, feedback, comments, text, photos, videos, questions, etc.) to the Platform (collectively, “User Content”). User Content also includes any Contest materials submitted by you in connection with your participation in any Contest, as described in the applicable Contest Rules. You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT STYLESESH, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
Unless otherwise set forth in the applicable Contest Rules, you retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicenses and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as “private,” your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit, and in connection with books, documentary films, and/or other audio/visual works.
If you submit User Content to us, each such submission constitutes a representation and warranty to StyleSesh that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by StyleSesh and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
- NO WARRANTIES; LIMITATION OF LIABILITY
STYLESESH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
THE PLATFORM, THE SERVICES, THE CONTESTS, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOU USE THE PLATFORM, THE SERVICES, AND THE CONTENT AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE SERVICES OR YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, THE CONTESTS, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
STYLESESH HAS MADE EVERY EFFORT TO DISPLAY THE PRODUCTS, SERVICES, COLOURS, AND IMPRINTS AS ACCURATELY AS POSSIBLE ON THE PLATFORM. HOWEVER, THE FINAL SERVICES DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL. THESE FACTORS INCLUDE, BUT ARE NOT LIMITED TO, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY OF PRODUCTS AND RAW MATERIALS.
ALTHOUGH STYLESESH WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE PRODUCTS AND SERVICES CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL SERVICES, PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SERVICES MAY CONTAIN INFORMATION ON THE PRODUCTS AND SERVICES OF PARTICIPATING ORGANIZATIONS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SERVICES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES.
- DEALINGS WITH OTHER USERS/REGISTERED USERS AND/OR STYLISTS
You acknowledge and agree that StyleSesh shall not be liable for your interactions with any other Users/Registered Users and/or Stylists through the Services. These dealings are solely between you and such other Users/Registered Users and/or Stylists. You agree and acknowledge that StyleSesh shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users/Registered Users and/or Stylists or between Users/Registered Users and any third party, you understand and agree that StyleSesh is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other Users/Registered Users and/or Stylists, you hereby release StyleSesh, its officers, directors, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
- EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) You own or have the necessary licenses, rights, consents, and permissions to all trademark,
- trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You hereby represent, warrant, and covenant that: You shall not submit to the Platform any User Content that violates our community guidelines set forth above.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement or any Contest Rules; (ii) your access to, use, or misuse of the Content, the User Content, the Platform, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in the Canada. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Canada. If you access the Platform, the Services, or the Content from outside of Canada, you do so at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
- CANCELLATION / REFUND POLICY / LATE POLICY
We require a 24 hours written notice by clients for all on-demand and corporate style sessions should the client decide to cancel his/her appointment to receive a refund. If the client has an account, they can cancel the style session without written notice.
For wedding style sessions, once we have received the 50% deposit to secure the date and time, the client will not be refunded this amount. After receiving the remainder 50%, as required seven days before the event, the client will not be refunded any amount. If the client pays 100% upfront, the client will not be refunded any amount. Transfers are not permitted. The invoice issued can be subject to change at any time if evaluation of hair/face/hands design(s) will take longer than anticipated, more services are added and/or more product is required.
For group style sessions, after receiving the 100% deposit to secure the date and time, the client will not be refunded this amount. Transfers are not permitted.
Same-day style sessions will not be refunded unless StyleSesh is unable to provide a stylist for that date and time.
Packages are non-refundable, non-transferrable and do not expire.
We provide a grace period of 15 minutes for late clients. If the clients fails to meet up with this specifications, their services will be forfeited, non-refundable and non-transferrable.
Cancellations made by our stylist due to unforeseen situations or circumstances will attract a 100% refund for the client, and StyleSesh will not be held liable in any manner for any and all damages resulting from the cancellation by a stylist.
- SERVICE REQUIREMENTS
The number of people and the required time frame has been confirmed by both parties and will not be exceeded unless agreed by both parties in writing and an additional payment is made prior to the extension of time and addition of person.
The amount of product required and the type or brand of product used is at the sole discretion of the stylist. Any allergy, skin sensitivities and/or contagious illness unknown to the clients(s) or not filled out in the booking/contact form is not the stylist’s responsibility. The stylist has the right to refuse to work on client(s) with open wounds, sores, infections and/or sickness.
Theft/damages to the stylist tools and/or products is at the expense of the client. Theft/damages to the client’s property is at the expense of the stylist.
Travel charges will apply if the client’s location is outside of a 15km radius.