Terms and Conditions

These Terms and Conditions stated therein (collectively, the “Agreement”) constitute a legal agreement between you and SHEsGuide / JC Famosa Inc (“the Company”, “we”, “our”, “SHE”) stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by the Company, including our online booking services or ordering any products. 
In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, and downloading, installing and/or using the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. 

We reserve the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.

Your use of our Site is also subject to our Terms of Use. We describe how we use your personal information in our Privacy Policy.

Please read these Terms of Service carefully before you use the Platform Appointment Services. We recommend that you save or print a copy of these Terms of Service for future reference.

Key terms

When we use capitalized words or phrases in these Terms of Service, they have the following meanings: 

  • Consumers: Users of the Platform Services or the purchaser of any Partner Services;
  • Partner and Partners means Local Services (known as “Partner” for singular and “Partners” for plurals thereafter).
  • Consumers and Partners (collectively, “Users”)
  • the Company means JC Famosa Inc.
  • the Platform means websites or applications owned and operated by the Company, including our online booking services or ordering any products. 
  • Client” and “you” means you, the user of the SHEsGuide Services or the purchaser of any Partner Services;
  1. ELIGIBILITY

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

2. THE COMPANY’S ROLE AND RELATIONSHIP WITH USERS

We are an online web and mobile application that connects users requesting local services (known as “Consumers” thereafter) with users who provide a range of Products and services in the beauty and wellness space, such as hair, beauty, training and therapy services. The Platform allows you to make an Appointment for a Partner Service, an Order for a Product from a Partner and directly pay for your Services and Orders. Consumers and Partners (collectively, “Users”) acknowledge and agree that we are solely a venue for communications and neutral facilitator. The Company does not operate any Partner, provide any Partner Services, or fulfil any Orders for Products. The provision of all services is up to the Partners, which may be scheduled through use of the Platform.

There are two types of connections made between the Users of the Platform. 

Transaction-Based Connections refer to Local Service requests and bookings in which the Company facilitates the payments for such as charging the Consumer for the cost of the service provided by the Partners and subsequently paying out the cost of service, net of Platform fees, to the Partners. 

Quotation-Based Connections refer to Local Service requests in which the Company does not facilitate the payment between the Users for and the Company is not a party to the transactions, agreements or contracts in the provision of the Local Services.   

2.1 Companies

The Company, through the Platform, offers information and a method to obtain services. The Company does not provide the Local Services listed on the Platform and it is up to third-party Partners to offer the Local Services to Consumers and it is up to the Consumers to accept such Local Services. The service of the Company is to link Consumers with third-party Partners but does not nor is it intended to provide the Local Services or any act that can be construed in any way as an act of the Local Services. 

By using the Services you enter into a contract with the Company under these Terms of Service. However, your contract for the Partner Services is only between you and the Partner. The Company acts only as an intermediary between you and the Partners, including acting as the agent for each Partner to arrange and conclude your Appointment/Order. 

2.2 Our Services

Consumer Services

Where you are a Consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office. Nothing in these Terms of Service will affect these legal rights. 

Partners’ Services 

If you use the Platform to book or order any Partner Services or Products, you also enter into a Partner Contract with the relevant Partner, including any Partner Terms of Sale. Partners’ provision of Partner Services and fulfilling any Appointment/Order is subject to the Partner Contract. SHE is not a party to the Partner Contract you have with the Partner. 

Partner’s Responsibilities

Our Partners are required to provide Partner Services as set out in the relevant Partner Contract (including any Partner Terms of Sale). 

We require our Partners to ensure that all information provided by them for the Platform is accurate, complete and not misleading in any way. Nonetheless, we cannot verify the information which Partners provide to us. It is each Partner’s responsibility to ensure that all of its Partner Services listed on the Platform are available and accurately described. The descriptions and/or images of the Partner Services on the Platform are for illustrative purposes only, and actual Partner Services may vary from those descriptions and/or images. 

2.3 Partners are Independent Contractors

Where you are a Partner, you represent and agree that you are an independent contractor providing service to Consumers, unless otherwise indicated. Partners acknowledge that they will rely on their own experience and professional knowledge or skill in the provision of Local Services to the Consumer and that the Company will not provide them with any instruction, supervision and advice. Partners agree to prepare the necessary tools and comply with the Laws of United States, CA as to the required obligation of an independent contract (including purchase of valid insurance coverage) in order to provide the Local Services lawfully.  Partners will assume responsibility for their own chance of profit and risk of loss. As independent contractors in the provision of Local Services, the Partners acknowledge that they will not be entitled to any rights or benefits, as employee or otherwise, under statutory provisions, including but not exclusively those under the Employment Ordinance such as annual leave, sick leave, and taxation provided by our company.

3. QUOTATION-BASED CONNECTIONS

3.1 General Procedure

To access and participate in the Platform, you will need to create a password-protected account (known as “account” thereafter). In order to register and create an account on the Platform, Consumers must agree to the Terms and Conditions and provide any other information required by the Platform for registration, while Partners must (a) agree to the Terms and Conditions, (b) provide accurate and complete information required by the Platform for registration, and keep this information up to date through the Platform, (c) be verified through SMS verification. The Platform may verify the information that you provide, and may refuse use of the Services or Platform without providing reasons.

Using the Platform responsibly

To get the make most of your use of the Platform, you can

  • Contact Partners directly – each Partner Profile will include their contact information, so you can easily get in touch with them. You can also get in touch with our support team at info@shesguide.com
  • Read the Partner Contract – Our Partners may add specific terms (for example about deposits, cancellations, refunds, returns, taxes or extra duties). Look for links to any specific Partner Contract terms, and read these carefully. 
  • Check out safely – our Payment Services are set up to protection your online payment experience Look for the S’ in the beginning of the checkout link (as in https://) to check if it is secure.
  • Research independently – check out reviews (for example, on SHEsGuide or other trusted review sites) as well as the reviews on the Platform to see what other people thought of a Partner’s products or services. 
  • Consumers are entitled to select the suitable Partners based on ratings and reviews of the Partners provided by Consumers of the Platform. We do not undertake to provide Consumers from suitable Service Pro(s), nor do we guarantee to Partners that they will be hired by the Consumers who submit the requests.

Once hired by Consumers, Partners undertake to perform the Local Services pursuant to their contract with Consumers. Partners shall, at their own costs and expenses, prepare and/or purchase and maintain the necessary equipment and tools to provide services to Consumers. Partners warrant and undertake to the Company that they have the necessary licenses, qualification, skills and experience to provide the Local Service. The Partners may choose to assign, sub-contract or transfer the Local Services opportunities referred to appropriate and qualified Partners as long as the referee is approved by the Consumer. The Partners acknowledge that its their responsibility and not the SHEsGuide Company’s responsibility to arrange and maintain all necessary or required insurance in respect of the Local Services or in relation to the provision of the Local Services on their own account and at their own cost at all times. Partners understand that they will hold full responsibility in the settlement of claims and the recovery of losses raised by the Consumers in relationship to the provision of the Local Services. Partners acknowledge that they are wholly responsible for providing true, valid and complete information to the Government of U.S., CA to fulfill the U.S., CA taxation requirements for being a self-employed person or business entity in the provision of the Local Services. It’s the Partners’ responsibility, not that of the Company’s to file applicable profit tax return in respect of all earnings for a tax year, including those earned from the provision of the Local Services.

Consumers are obliged to observe the terms of their contract with Partners, and to furnish payment to Partners on a mutually-agreed date. Partners are not entitled to non-performance of their contractual obligations, unless there was a material failure to comply with contractual obligations on the Consumers’ part, including but not limited to the Consumers’ refusal to pay.

Providing any health or other relevant information

It is your (or the person receiving the Partner Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Partner Services (for example without limitation, allergy information and health matters). This includes checking, prior to purchasing any Product, that it is suitable for you and requesting further information from the Partner selling the Product if required. 

If you (or the relevant recipient of the Partner Services) fail to disclose any such information to the applicable Partner, or fail to check a Product’s suitability (including checking with the relevant Partner), neither the Company nor the relevant Partner shall be liable to you (or the recipient of the Partner Services) for any injury, loss or damages resulting from the Partner Services that could reasonably have been avoided if you (or the recipient of the Partner Services) had disclosed (or checked or requested) that information prior to receiving the Partner Services.

3.2 Inactive Account

For Partners, an account is deemed “Inactive” if it has not been logged in for 6 months or more. An email reminder will be sent out before your account expiration. Simply log-in to keep its current status. If an account is “Inactive”, you will not be able to use the Platform as a Partner. However, you will still be able to request for services as a Consumer. If an account is “Inactive”, credits associated with the account will expire. To reactivate, please contact us at info@shesguide.com, SHEsGuide reserves the right to permanently terminate any inactive accounts.

3.3 How to make an appointment / order 

The Platform allows you to select which Partner Services you would like to receive and make an Appointment/Order for that Partner Service. You may check and correct any errors before confirming your Appointment/Order. We will disclose any Partner Terms of Sale (including any Deposit Policy, Cancellation Policy or No Show Policy) to you prior to your confirmation. Please read and check all details of your Appointment/Order and any applicable Partner Terms of Sale before confirming your Appointment/Order.

When you make an Appointment/Order, we (as commercial agent of the Partner) will send your request to the Partner, and the Partner Contract will be formed when we send you a Confirmation. All Partner Services shown on the Platform are subject to availability. We may accept or reject each Appointment/Order on behalf of the Partner. Your Confirmation is your receipt from the Platform, and will be sent via email or SMS, to the contact information provided in your Account, upon confirming an Appointment/Order. If you require a tax receipt, you need to contact the Partner directly. 

When you make an appointment, you will need to arrive at the place of business of the Partner in order to receive the Partner Services. The place of business will be indicated in the Partner Terms of Sale.

4. FEES, CHARGES AND TAXES

Partners acknowledge and accept that they shall be liable to pay the Company for every Service that they place on the Platform.

The fees are exclusive of all sales, good and services tax, as well as charges of fees enacted in the future. Partners shall be liable to pay Goods and Services Tax and any other applicable tax or statutory levies on the amount of fee at the prevailing statutory rate. The transaction for payment between Users takes place offline and not through the Platform.

A valid credit card is required for Partners to pay the fees and any other charges. By inputting the details of a valid credit card onto the Platform, Partners agree and authorize the Company to automatically charge any fees to such card. 

The Company reserves the right to adjust the cost at anytime. 

Paying for a Partner service

Prices charged by our Partners

Prices and any delivery or processing charges for any Appointment/Order will be as quoted on the Platform. 

The final price you pay for an Appointment may be adjusted to reflect any additional goods or services you purchase from the Partner at the time of receiving the Partner Services. 

Partners may also offer discounts that would be reflected on the final amount payable.

Making payments for Partner services

You agree that you will provide the Platform with a valid method of payment, and that you will pay for all Partner Services you purchase from the Partner. You may pay for Appointments and Orders via the the Platform Payment Services or directly with the Partner as a Pay In-Store Service.

If you choose to use the the Platform Payment Services, the Platform will charge you on behalf of the Partner (as its commercial agent) for the total amount of your Appointment/Order (including any applicable taxes and additional fees). To complete the Payment Services, we use the payment method you provide to us and in the currency stated in the Confirmation. Currency conversion costs or other charges incurred by you will be borne by you in addition to the payment made to us . When the Platform receives your payment for the Partner Services, this will discharge your debt to the relevant Partner for the relevant Appointment/Order. 

You may have the option to select certain Appointments/Orders as a Pay In-Store Service. This means that you may make an Appointment/Order without using the Platform Payment Services and then pay the Partner directly for Partner Services with cash, credit card, or another payment instrument accepted by the Partner. The Partner has the option to charge the Client’s payment method saved to the Platform Account at checkout for Pay In-Store Services. This option will only appear for Partners which enable Pay In-Store Services and may not appear for some Partners.

We will use third party services to process credit card payments. We retain the right, in our sole discretion, to place a hold on your credit card for an ordered or completed service transaction. While we do not store your credit card information, the credit card information may be encrypted and stored securely at a PCI-Compliant third-party payment service provider for your next booking or payment. 

We reserve the right to suspend the processing of any transaction or disable or limit the use of the credit card in the event of any error in transaction which results in decline or chargeback from the financial institution or where we reasonably believe that the credit card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use. You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place. You shall be responsible to resolve any disputes with your credit card company on your own. 

Additionally, the Company reserves the right to penalize Users in breach of this Terms and Conditions, e.g. by suspending their accounts, without prejudice to other measures that the Company is entitled to take against Users in breach. Such Users are liable to be punished with a fine, including but not limited to an account re-activation fee for the re-activation of an account that has been de-activated due to Users’ violation of the Terms and Conditions.

4.1 Non-Refund Policy

Payments for the Company are not refundable under any circumstances, including but not limited to the termination of accounts and cancellation of services. 

4.2 Service communications

In connection with your use of the Services, the Platform may send you electronic service messages. These electronic messages may be sent for various reasons, including for security purposes (e.g. verifying that your smartphone is connected to the phone number you entered upon registration) and issues related to an Appointment/Order you placed (e.g. if the Partner updates an Appointment, or is out of stock of an item you ordered, you may be notified by text message).

By using the Platform Services you agree to receive automated text messages from the Platform and its Partners at the phone number you provided when registering for the service. You further agree that these messages may include promotional content as well as information about your account and Appointment/Order. Your agreement to receive such automated messages is not a condition of using the service You may choose to not receive some or all automated messages within your personal profile settings.

For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

5. NO GUARANTEES OR ENDORSEMENTS FOR LOCAL SERVICES PROVIDED BY Partners

We do not guarantee that Partners will be punctual, or will attend any of the scheduled appointments, as Partners are not employees, contractors or agents of the Company, nor are we an agent for the Partners.

We make no guarantees or representations regarding the skills and/or the outcome or quality of service performed by Partners. We do not endorse or recommend the services of any particular Partner. Any reference on the Platform or at the premises of a Partner to the Company’s verifications (i.e. verified) indicates only that the Partner is a registered member of the Platform, and is not an endorsement, certification or guarantee by the Company. Additionally, the Company reserves the right not to issue or to remove without notice to Users the Company’s verification to Partners if Partners are in breach of the Agreement, if the verification was issued incorrectly or obtained falsely, or for any other reasons requiring its removal by the Company. Consumers should exercise due diligence and caution when deciding to hire Partners.

We do not perform and is not responsible for the performance of Local Services requested by Consumers. In terms of the provision of Local Services by Partners and all other related matters, Consumers contract directly with Partners, and their contractual rights are governed by the contractual terms between them and by applicable laws.

6. RELEASE FROM DAMAGES OR CLAIMS BETWEEN CONSUMERS AND Partners

Where Consumers have a dispute with Partners, the former should address such disputes with the Partner directly. Users hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute. To the extent that the Company’s Platform connects a Consumer to a Partner for the purposes of providing or obtaining local lifestyle services, the Company will not be responsible for assessing the suitability, legality or ability of any Partners and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the Partners. 

7. TRANSACTION-BASED CONNECTIONS

We offer Transaction-Based booking service (“Transaction-Based Connections”, “Transaction-Based Services”). These Transaction-Based Connections are governed by the additional terms you agree to when you purchase the Transaction-Based Connections and these Terms and Conditions. The following terms apply to all the Transaction-Based Connections on SHEsGuide.

7.1 General Information

  1. These terms of Transaction-Based Connections apply to every Transaction-Based Connection a Consumer books or purchases from Partners on the Platform.
  2. The Local Services shall mean the goods and/or services to be supplied and/or provided by the Partners to the Consumer, as specified on the Platform. 
  3. The Partners is a third party unrelated to the Company that sells supplies and/or provides the Local Services. SHEsGuide does not sell, supply and/or provide the Local Services. It only provides the platform for the Partner to post and display the Transaction-Based Connections.
  4. SHEsGuide reserves the right to unilaterally amend these Terms of Transaction-Based Connections at any time. All amendments to these Terms of Transaction-Based Connections will be posted online. You will be bound only to the version of the Terms of Transaction-Based Connections you agreed to at the time you purchase and/or book a Transaction-Based Services.

7.2 Book or Purchase of a Transaction-Based Service

  1. You must be at least 18 years old to book or purchase a Transaction-Based Service. 
    Before you can make a booking or purchase you need to register and create an account with the Platform.
  2. By booking and/or purchasing you submit an offer to Partners to buy the Transaction-Based Service. However, the purchase of the Transaction-Based Service is not complete until you have completed the payment successfully and receive an email from the Platform confirming acceptance of your offer. the Platform and or Partners expressly reserves the right to reject your offer. In addition, even if Partner has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against the Platform and or Partner, an affiliated third party of the Platform or Partner.

7.3 Responsibility for the Local Services: 

Please note that the Partner, and not the Company, is :

  1. the seller, supplier and/or provider of the Local Services;
  2. solely responsible for providing the Consumer with the the Local Services.

7.4 Standards of Services and Liability

  1. SHEsGuide is an online platform for Partners to post and display the Transaction-Based Service. 
  2. SHEsGuide does not promise the completeness, fitness for purpose or legality of the Local Services. SHEsGuide is not liable for the quality, timeliness, accuracy, reliability, safety, usability or any other aspect of the Local Services. 
  3. For Transaction-Based Services, we cannot guarantee the work performed by a listed Partner, the Company will, however, upon Consumers’ request, provide assistance in resolving disputes and processing any necessary refunds between you and a Partner. For Transaction-Based Services, the Company will also be responsible for facilitating the transaction between the Partners and Consumers. Such assistance in no way nullifies the release and indemnification described in these Terms and Conditions.

You agree to indemnify and release the Company (and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising out of or related to:

  • your use (or misuse) of the Company Services or the Platform, including any data or content transmitted or received by you;
  • personal information or any other information or content that is submitted via your customer account, including without limitation misleading, false or inaccurate information;
  • your breach or violation of any term of these Terms of Service or any applicable law, rule or regulation;
  • your violation of any rights of any third party, including Partners;
  • negligent or willful misconduct; or
  • any other party’s access and use of the Company Services with your unique username, password or other appropriate security code.

7.5 Payment

  1. You represent that you are at least the minimum age required to enter into a legal agreement. You agree to pay us for any Transaction-Based Services you purchase from us, as well as all other charges incurred under your account, including applicable taxes and fees. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials.
  1. You authorize and direct us to charge your designated payment method for these charges. You authorize and direct us to retain all information about any payment method(s) associated with your account. We may import payment information you entered during a prior purchase and provide you the option to use that payment information during purchase of a new product. You permit us to obtain and use updated information from the issuer of your payment method in accordance with the policies and procedures of any applicable card brands. We may in some instances continue charging a payment method past its expiration date at our discretion and subject to the payment processors’ or issuing bank’s approval. Surcharges may apply if you use certain payment methods, such as payment from your checking or savings account.
  1. We may take steps to verify the validity of the credit card information you provide to us, including debiting amounts less than $1.00 from your credit card and then immediately crediting it back. You authorize us to do so for verification and anti-fraud purposes.

7.6 Amendment and Cancellation

Transaction-Based Services can be refunded and/or modified but an administrative fee may be levied. 

8. TRANSACTION-BASED CONNECTIONS – NO GUARANTEES OR ENDORSEMENTS FOR LOCAL SERVICES PROVIDED BY Partners

We do not guarantee that Partners will be punctual, or will attend any of the scheduled appointments, as Partners are not employees, contractors or agents of the Company, nor are we an agent for the Partners, unless otherwise indicated.

We make no guarantees or representations regarding the skills and/or the outcome or quality of service performed by Partners. We do not endorse or recommend the services of any particular Partner. Any reference on the Platform or at the premises of a Partner to the Company’s verifications (i.e. verified) indicates only that the Partner is a registered member of the Platform, and is not an endorsement, certification or guarantee by the Company. Additionally, the Company reserves the right not to issue or to remove without notice to Users the Company’s verification to Partners if Partners are in breach of the Agreement, if the verification was issued incorrectly or obtained falsely, or for any other reasons requiring its removal by the Company. Consumers should exercise due diligence and caution when deciding to hire Partners.

We do not perform the Local Services requested by Consumers. 

9. TRANSACTION-BASED CONNECTIONS – RELEASE FROM DAMAGES OR CLAIMS BETWEEN CONSUMERS AND Partners

Users hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with disputes between Users. To the extent that the Company’s Platform connects a Consumer to a Partner for the purposes of providing or obtaining local lifestyle services, the Company will not be responsible for assessing the suitability, legality or ability of any Partners and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the Partners. 

For Transaction-Based Services, we cannot guarantee the work performed by a listed Partners, the Company will, however, upon Consumers’ request, provide assistance in resolving disputes and processing any necessary refunds between you and a Partner. For Transaction-Based Services, the Company will also, upon Consumers’ request, facilitate the transaction between Partners and Consumers. Such assistance in no way nullifies the release and indemnification described in these Terms and Conditions. Users  acknowledge and agree that we are solely a venue for communications and neutral facilitator and are not directly involved in the provision of Local Services.

10. DISPUTE RESOLUTION ASSISTANCE

For both Quotation-Based and Transaction-Based Services, while we cannot guarantee the work performed by a listed Partner, the Company may, upon your request, provide assistance in resolving disputes between you and a Partner. You must participate and use good faith efforts to resolve problems through the Company resolution process. Additionally, for Transaction-Based Services, the Company will, upon Consumers’ request, provide assistance in facilitating and processing refunds on behalf of Partners. Such assistance in no way nullifies the release and indemnification described in these Terms and Conditions.

11. YOUR USE OF THE PLATFORM AND PROHIBITED USES

As a User of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. You acknowledge and agree that the Platform is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with the Company, or to solicit or harass other Users, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services offered by the Platform at the material time when the advertisement or solicitation was publicized.

All personal information about Users are confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third-party claims against the Company based on or arising from your violation of the foregoing. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.

Restrictions on access

The Company reserves the right to partially or fully restrict your access to the Company Services or the Platform where any of the following occur:

  • you have a history of many cancelled Appointments, no shows, refunds, chargebacks, or other transactions that are negative to the experience of our Partners;
  • you fail any credit or fraud prevention check provided by the Platform Payment Services;
  • we reasonably suspect fraud or money laundering by you or someone using your Account;
  • we reasonably suspect the security of your Account has been compromised;
  • you behave inappropriately, abusively, or offensively towards staff of the Company or employees of a Partner, whether on the phone, through email, through communications within the Platform, or in person at the place of business of a Partner or breach our Terms of Use;
  • you breach other terms set forth in these Terms of Service, including your promises to us; or
  • we believe, in our reasonable and sole discretion, that your actions are negatively affecting the quality of the Company Services.

Further (as Partner Services are sold by our Partners and not by the Company), our Partners may impose additional restrictions on who may buy and book the Partner Services that they offer. In particular, a Partner may:

  • restrict your access to their Partner Profile;
  • prevent you from making an Appointment/Order with Partner Services that they offer; and
  • otherwise restrict your ability to interact with that Partner on the Platform.

These restrictions are determined solely by the Partners, and we are unable to provide you with access to these Partner Services.

12. INFORMATION PROVIDED TO US

Upon registering on the Platform, Consumers will be prompted to disclose certain information about yourself and your service request, while Partners will be prompted to disclose certain personal information and information about your expertise. You will be able to store some of the information on the Platform. Some of the information provided will be shared with other Users. By providing the information to the Platform, or by submitting a service request, you expressly request and expressly consent to being contacted by us and by Partners via phone, email, mail text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, in order that the Company may perform its role of connecting Consumers with Partners, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For more information on our use of your information, please refer to our Privacy Policy.

By completing a service request, Consumers promise that all information provided (including but not limited to your contact information, and any Ratings and Reviews of Partners that you provide) will be accurate, current and truthful to the best of your knowledge. By registering as a Partner, Partners are obliged to ensure that the information provided are accurate, current and truthful to the best of their knowledge during the term of his registration. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of the Platform (or any portion thereof) by you. You are responsible for maintaining the security and confidentiality of your account. As such, the Company shall be entitled to assume that any person using the Platform with your log-in email and password is you or your representative, and you are liable for any damages arising out of any unauthorized use of the Platform by persons to whom you intentionally or negligently allow access to your account.

To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to the company and its Partners, and its Consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, the Company reserves all rights to penalize Users for providing falsified information on the Platform, and/or to require these Users to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.

Users may request deletion of their account at any time through the Profile > Account > Delete Account menus in the SHEsGuide app, or through SHEsGuide’s website. Following an account deletion request, SHEsGuide deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements relating to customers, suppliers and merchant, this generally means that we retain their account and data for the applicable statutory retention period after a deletion request. For customers, suppliers and merchant, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.

13. CONTACT BETWEEN THE COMPANY AND ITS PartnerS WITH CONSUMERS

13.1 SMS Messaging

By submitting a service request, Users agree that the Company and its Partners may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by contacting the Company at info@shesguide.com. You acknowledge that by opting out of receiving text (SMS) messages from the Company and its Partners, your use of the Platform may be impacted.

13.2 Email

Likewise, by submitting a service request, Users agree that the Company and its Partners may send you emails as part of the normal business practice of the Company. These emails may be used as part of the normal business practice of the Company, including but not limited to, marketing, relationship communications and transactional confirmations. Users can choose to opt-out of receiving marketing emails. For more information, please refer to our Privacy Policy.

14. USER GENERATED CONTENT

You agree that all of the content and information posted by you or your agents or designees, with the exception of certain Personal Data as specified on our Privacy Policy, on the Platform, including but not limited to:

  1. Ratings & Reviews,
  2. Photographs or Images,
  3. Comments, Questions and/or Answers,
  4. Any other content (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential.

You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

14.1 Grant of License

You hereby grant the Company and its Users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the license granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account. 

14.2 Representation of Ownership and Right to Use Content

By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, and grant to the Company the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

14.3 Content Guidelines

The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other Users post on the Platform, at any time and without prior notice, if the Company determines (in its sole discretion) that such content contains or features any of the following:

  1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
  2. References to illegal activity;
  3. Language that violates the standards of good taste or the standards of the Platform;
  4. Statements that are or appear to be false;
  5. Comments that disparage the Company.
  6. With respect to Ratings and Reviews of Partners, all of the above and in addition the following:
  7. Reviews that do not address the services of the Partner or reviews with no qualitative value (e.g. “work has not started yet”)
  8. Comments concerning a different Partner.
  9. Information not related to work requested in the service request.
  10. If a dispute arises between a Consumer and Partner, the rating submitted may be held in pending status until resolution is reached. Consumers represent and warrant that any Rating and Review provided is accurate and truthful, and that they will only provide a Rating and Review for a Partners that has performed Local Services for them pursuant to their applicable service request.

14.4 COPYRIGHT AND TRADEMARK POLICIES

Dispute on Copyright and Trademark: You agree to abide by our Copyright Infringement Policy on notifying us if there is any User Content that are in copyright and trademark disputes. You agree that we may send any notices sent in accordance with our Copyright Infringement policy to users who uploaded the User Content at question.

14.5 COPYRIGHT INFRINGEMENT POLICY

The Company does not tolerate anyone that abuses other’s intellectual property. Please let our Customer Service Team know if you believe SHEsGuide has infringed your trademark or copyright. Please send us an email with the following information:

  1. Identify the trademarked or copyrighted work that you believe is infringed
  2. Identify the allegedly infringing content/information that can allow SHEsGuide to locate it on their website/APP (ex. URL)
  3. Proof that the use of the content indicated above was not authorized by the trademark/copyright owner or its agent.
  4. You declare that the information you have provided is accurate and that you are the trademark/copyright owner or authorized to represent the owner.
  5. Your address, telephone number, email address, and your electronic or physical signature 

15. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that Users see or read through the Platform is owned by the Company, excluding user-generated content that the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright law of the United States, where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content.

The service marks and trademarks of Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

16. Partners PRE-SCREENING PROCEDURES AND DISCLAIMERS

For Quotation-Based Connections, while the Company takes certain steps to verify the identity of Partners, such verification is based on the information provided to us by Partners. Thus, we cannot confirm that Partners are who they claimed to be and we cannot and do not assume any responsibility for the accuracy or reliability of the identity or background check or any information provided by Partners themselves. Additionally, the aforementioned screening procedures are performed solely at the time the Partners register on the Platform, and the information provided may change and expire over time. While we require Partners to provide updated, current and accurate information in their profiles, we are under no obligation to update or to ensure that the information provided by Partners are accurate, current, and truthful. Consumers are advised to verify the information presented in the professional profile before hiring them.

DISCLAIMER: THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE SCREENING PROCESS, PROCEDURE, OR INFORMATION OBTAINED OR PRESENT IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

For Transaction-Based Connections, the Company takes certain Know Your Customer steps to verify the identity of Partners including onboarding procedures such as employment screening, interviewing, entering into contractual relationships and on-site visits, though not necessarily all these steps together. 

17. RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY

All Ratings and Reviews of a Partners displayed reflect the opinions of other Consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Platform or the materials contained therein.

18. ARTICLES AND OTHER CONTENT

The Company provides content relating to the services offered by Partners in the Platform. Such contents are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

19. LINKS TO THIRD PARTY SITES

Links (such as hyperlinks) provided on the Platform do not constitute the endorsement by the Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. The Company does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. The existence of links on the Platform to such websites (including without limitation external websites that are provided by Partners, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by the Company’s Terms and Conditions or Privacy Policy. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Platform.

20. DISCLAIMER OF WARRANTIES

20.1 Use of the Platform is entirely at Users’ own risk.

The Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Except as expressly set forth herein, the Company expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will inure to the benefit of the company’s successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and the Company, and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

20.2 No joint venture, agency, or employment

Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of the Company. You acknowledge that we do not supervise, direct, or control a Partner’s work or Local Services performed in any manner. Partners may voluntarily wear a Company uniform or other Company badges purely for the purpose of identifying themselves as a service person contacted through the Platform or advertising and promotion service in exchange for monetary benefits. You understand and agree that if we are found to be liable for any claim in connection with your use of Local Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Partner was classified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Partner, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, MPF, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, or any other employee benefits.

21. EXEMPTION AND LIMITATION OF LIABILITY

You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by the company or its affiliates or licensors and any destruction of your information.

Under no circumstances will the Company, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.

The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform. While we take all complaints about our Partners very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Partner Services and are under no obligation to provide you with a refund or any other recompense if you are dissatisfied with any Partner Services.

If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the six (6) months prior to the time such claim arose.

22. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a Partner, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.

23. ARBITRATION, DISPUTES, AND CHOICE OF LAW

  • EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND THE COMPANY (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND THE COMPANY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
  • Excluded Claims” means: (a) Claims brought by you or the Company that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), violations of the Company’s API Terms of Use (which, for clarity, are governed by those terms), or a breach of Section 7 above (Representations and Warranties). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims, as defined in Section 3 of the Additional Terms for Business Accounts, are governed by that section.
  • Excluded Claims and Claims that cannot be arbitrated must be brought in court. California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or the Company may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
  • Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like SHEsGuide, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code  § 425.16 in California, may require you to pay SHEsGuide’s attorneys’ fees if you attempt to impose such liability on SHEsGuide through legal proceedings.

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invaliditythereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. 

Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Los Angeles, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.