KEY TERMS

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BLOSHER provides an online platform that connects the Service Providers that publish and offer Beauty Services to Customers seeking to book such Beauty Services (collectively, the "Services"), which can be accessed at www.blosher.com and any other website through which BLOSHER makes the Services available (collectively, the "Site") and as applications for mobile devices, tablets and other smart devices and application program interfaces (collectively, the "Application").

 

If you are using the Site, the Application or the Services and you reside in the USA. UU., These Terms of Service are established between you and BLOSHER, Inc. If you initially reside in the US. UU And he hires BLOSHER, Inc., but later changes his residence to outside the US. UU., You will hire BLOSHER China if you change your residence to China and BLOSHER Ireland otherwise, from the date you change your place of residence,
and so on. (BLOSHER, Inc., BLOSHER Ireland and BLOSHER China are hereinafter referred to as "BLOSHER", "we", "us" or "our").

 

In addition, if your BLOSHER contractual entity under this Section is BLOSHER China, however, you will have a contract with BLOSHER Ireland for all reservations confirmed before December 7, 2016 at 10:00 a.m. UTC BLOSHER Payments, Inc., BLOSHER Payments UK Ltd., BLOSHER Payments India Pvt. Ltd. and BLOSHER China (individually and collectively, as applicable, "BLOSHER Payments") are responsible for any and all payments and payments made through or in connection with the Site, the Application or the Services ("Payment Services"). Payment Services provided by BLOSHER payments are subject to the Payment Terms of Service ("Terms of Payment").

 

- "BLOSHER Content" means all Content that BLOSHER makes available through the Site, Application, Services or its related promotional campaigns and official social media channels, including any Content licensed by a third party, but excluding Member Content.

- "Reservation" or "Reservation" means a limited service provided by the Customer Service Provider through the delivery of the service
of beauty as listed by the Service Provider.

- "Reservation request period" means the period of time from the moment the client requests a reservation (as determined by BLOSHER at its sole discretion), within which a service provider can decide whether to confirm or reject that request reservation, as indicated on the Site, Application or Services. Different reservation request periods can be applied in different places.

- "Collective Content" means Member Content and BLOSHER Content.

- "Communication" means an email, message through the Application, text message or message to a WeChat or Messenger account.

- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

- "Customer" means a Member that requests a Service Provider to reserve a List through the Site, Application or Services, or a Member that obtains a beauty service and is not the Service Provider for the associated Listing.

- "Service provider" means a member that creates a listing through the site, the application and the services.

- "Listing" means a Service that is listed in a Service Provider as being available for Booking through the Site, the Application
and the Services.

- "Member" means a person who completes the registration process of the BLOSHER account, including, among others, the Service Providers
and Customers, as described in "Account Registration" below.

- "Member Content" means all the content that a member publishes, uploads, publishes, sends, transmits or includes in its listing, member profile or BLOSHER promotional campaign that will be available through the site, the application or the services.

- "Taxes" or "Taxes" means any sales tax, value added taxes (VAT), taxes on goods and services (GST), fees that service providers may require by law to collect and remit to government agencies, and other similar municipalities, state, indirect taxes or other federal and national withholdings and contributions to personal or corporate income.

- "Beauty center" or "Salon" is the store where the service provider can provide the service or represents the usual workplace of the service provider.

- "Product" means the consumable or the tools that the Service Provider can use during the Reservation.

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TERMS OF SERVICE​

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By using the Site, the Application or the Services, you agree to comply and be legally bound by the terms and conditions of these Terms
of Service ("Terms"), whether or not it becomes a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all the Collective Content (defined below) and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and BLOSHER. Also, read our Privacy Policy at www.blosher.com/terms/privacy.

 

In addition, certain areas of the Site and the Application (and your access or use of certain aspects of the Services or the Collective Content) may have different published terms and conditions, rules, guidelines or policies or may require you to accept and accept additional terms and conditions . If there is a conflict between these Terms and the published terms and conditions for a specific area of ​​the Site, Application, Services
o Collective Content, the latest terms and conditions will prevail with respect to your use or access to that area of ​​the Site, Application, Services or Collective Content.

 

If you do not accept these Terms, you have no right to obtain information from, or otherwise continue to use, the Site, the Application or the Services.
Failure to use the Site, the Application or the Services in accordance with these Terms may result in civil and criminal penalties.

THE SITE, THE APPLICATION AND THE SERVICES INCLUDE A PLATFORM ONLINE THROUGH WHICH THE SERVICE PROVIDERS CAN CREATE PUBLICATIONS FOR BEAUTY SERVICES AND THE CLIENTS CAN LEARN AND PRESENT BEAUTY SERVICES DIRECTLY WITH THE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT BLOSHER IS NOT A PART OF ANY AGREEMENT BETWEEN PROVIDERS OF SERVICES AND CUSTOMERS, NOR THAT YOU ARE AN OWNER, AGENT OR BEAUTY SALON OPERATOR. BLOSHER HAS NO CONTROL OVER THE CONDUCT OF THE SERVICE PROVIDERS, CUSTOMERS AND OTHER USERS OF THE SITE, THE APPLICATION AND THE SERVICES OR ANY BEAUTY SERVICE, AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IF YOU CHOOSE TO CREATE A PUBLICATION IN BLOSHER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BLOSHER IS LIMITED TO BEING AN INDEPENDENT MEMBER AND CONTRACTOR, THIRD PARTY, AND NOT EMPLOYED, AGENT, JOINT VENTURANT OR BLOSHER PARTNER FOR ANY REASON, AND ACT EXCLUSIVELY FOR YOUR OWN NAME AND FOR YOUR OWN BENEFIT, AND NOT IN THE NAME OF BENEFIT OR BENEFIT OF BLOSHER. BLOSHER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, ITS LISTING, ITS OUT-OF-LINE ACTIVITIES ASSOCIATED WITH ITS LISTING OR ANY OTHER MATTER RELATED TO ANY LIST YOU PROVIDE. AS A MEMBER, YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT SUPPORTS YOU, ASSOCIATES OR ACTS IN REPRESENTATION OR BENEFIT OF BLOSHER, INCLUDING INAPPROPRIATELY USING ANY FALSE INTELLECTUAL PROPERTY PERSON.

 

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, THE APPLICATION OR THE SERVICES OR BY DOWNLOADING OR PUBLISHING ANY CONTENT FROM OR ON THE SITE, THROUGH THE APPLICATION OR THROUGH THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND AND WE ACCEPT TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER YOU HAVE BEEN REGISTERED WITH THE SITE AND THE APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT ENTITLED TO ACCESS OR USE THE SITE, THE APPLICATION, THE SERVICES OR THE COLLECTIVE CONTENT.

 

If you accept or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity with these Terms and, in such case, "you" and "your" refer and apply to that company or other legal entity.

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MODIFICATIONS
 

BLOSHER reserves the right, at its sole discretion, to modify the Site, the Application or the Services, or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application and / or we will send you a notice of the modification by email. We will also update the "Last updated" date at the top of these Terms. Changes to the Terms will be effective at the time of publication. Your access or continued use of the Site, the Application or the Services will constitute acceptance of the modified Terms. In addition, if the modified Terms contain important changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will send you a notice before the changes take effect. If the modified Terms are not acceptable to you, your only recourse is to stop using the Site, the Application and the Services. If you do not close your BLOSHER account, you will be considered to have accepted the changes.

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ELIGIBILITY

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The site, the application and the services are exclusively for people 18 years of age or older. Any access or use of the Site, Application or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site, the Application or the Services it represents, you guarantee that you are 18 years of age or older.

For users in the United States, BLOSHER, to the extent permitted by applicable laws and if we have sufficient information to identify a user, will obtain reports from public records of criminal convictions or records of the user's sex offenders. For users outside of the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of records or checks of registered sex offenders at our sole discretion. You accept and authorize the use of your personal information, such as your full name and date of birth, to obtain such reports, including from BLOSHER providers.

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HOW THE SITE, THE APPLICATION AND THE SERVICES WORK

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The site, the application and the services can be used to facilitate the listing and reservation of beauty services. Such beauty services are included in the listings on the site, the application and the services by the service providers. You can view the Listings as a visitor not registered on the Site, the Application and the Services; however, if you wish to book a Beauty Service or create a List, you must first register to create a BLOSHER Account (defined below).

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As indicated above, BLOSHER makes available an online platform or market with related technology for customers and service providers to meet online and organize beauty service reservations directly with each other. BLOSHER is not the owner or operator of Beauty or Aesthetic Centers, including, but not limited to, Salons, Beauty Centers, SPAs, Manicures, nor is it a supplier, nor manufacturer of Products or Beauty Tools, including, among others, Products for the Hair, Nail products, makeup products, cream products; nor does it provide aesthetic services, which include, among others, nails, spa, hair, massages, wax and BLOSHER does not own, sell, resell, supply, provide, rent, re-rent, administer and / or control beauty centers, include, but not limited to, salons, beauty centers, SPA, nail salons, or transportation or beauty services. Unless explicitly specified otherwise in the BLOSHER platform, BLOSHER's responsibilities are limited to facilitating the availability of the Site, the Application and the Services.

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PLEASE NOTE THAT, AS PROVIDED ABOVE, THE SITE, THE APPLICATION AND THE SERVICES ARE INTENDED TO BE PROVIDED FOR SERVICE PROVIDERS AND CLIENTS THAT CONNECT AND RESERVE BEAUTY SERVICES DIRECTLY WITH OTHERS. BLOSHER CAN NOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BEAUTY SERVICE. BLOSHER IS NOT RESPONSIBLE FOR ANY LIABILITY RELATED TO ANY AND ALL ADVERTISING AND BEAUTY SERVICES. ACCORDINGLY, ANY RESERVATION WILL BE MADE OR ACCEPTED BY THE MEMBER'S OWN RISK.

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ACCOUNT SIGN UP

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To access certain features of the site and the application, and to book a beauty service or create a listing, you must register to create an account ("BLOSHER account") and become a member. You can register to join the Services directly through the Site or the Application or as described in this section.

You can also sign up to log in to your account with certain third party social networking sites ("SNS") (including, among others, Facebook, each of those accounts, a "Third Party Account"), through our Site. o Application, as described below. As part of the functionality of the Site, the Application and the Services, you may link your BLOSHER Account with Third-Party Accounts, either by: (i) providing the login information of your Third Party Account to BLOSHER through the Site, the Services or the Application; or (ii) allowing BLOSHER to access your third party account, as permitted under the applicable terms and conditions governing the use of each third party account. You declare that you have the right to disclose the login information of your third party account to BLOSHER and / or grant BLOSHER access to your third party account (including, among others, for the use described here), without breach by the party You agree to any of the terms and conditions governing your use of the applicable Third Party Account and without obliging BLOSHER to pay any fee or to cause BLOSHER to be subject to the limitations of use imposed by such external service providers. By granting access to BLOSHER to any Third Party Account, you understand that BLOSHER will access, make available and store (if applicable) any Content you have provided and stored in your Third Party Account ("SNS Content") so that it is available at through the Site, the Services and the Application through your BLOSHER account and the profile page of the BLOSHER account. Unless otherwise specified in these Terms, all of the SNS Content, if any, will be considered Member Content for all purposes of these Terms. Depending on the accounts of third parties you choose and subject to the privacy settings that you have set up in those third party accounts, the personally identifiable information you post in your third party accounts will be available in your BLOSHER account on and through the site. , Services and Application. Please note that if a third-party account or associated service is no longer available or BLOSHER's access to said third-party account is canceled by the third-party service provider, then the content of SNS will no longer be available on the site, the services and the application. . You can disable the connection between your BLOSHER account and your third party accounts, at any time, by accessing the "Settings" section of the Site and the Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE PROVIDERS OF THIRD PARTY SERVICES ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS SOLELY GOVERNED BY YOUR CONTRACT (S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. BLOSHER does not endeavor to review any SNS Content for any purpose, including, but not limited to, accuracy, legality or non-infringement, and BLOSHER is not responsible for any SNS Content.

Your BLOSHER account and your BLOSHER account profile page will be created for your use of the site and the application based on the personal information you provide to us or that we obtain through an SNS as described above. You can not have more than one (1) active BLOSHER account. You agree to provide accurate, current and complete information during the registration process and update that information to keep it accurate, up-to-date and complete. BLOSHER reserves the right to suspend or cancel your BLOSHER account and your access to the site, the application and the services if you create more than one (1) BLOSHER account or if the information provided during the registration process or later is fraudulent. , not current, incomplete or otherwise in violation of these Terms of Service.

 

You are responsible for protecting your password. You agree that you will not disclose your password to any third party.

 

Unless you are expressly authorized by a specific feature of BLOSHER, you are not allowed to share your BLOSHER account with anyone or allow others to access or use your BLOSHER account. BLOSHER may enable features, at our discretion, that allow other Members to take certain actions associated with your BLOSHER Account, on your behalf with your express authorization, such as having your executive assistant, agent or employer reserve on your behalf or add a member family to your account as an additional service provider. You agree that you will be solely responsible for any activity or action under your BLOSHER Account, whether or not you have authorized such activities or actions.

SERVICE LISTINGS

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As a member, you can create listings. To create a list, you will be asked a variety of questions about the beauty service that will be included, including, among others, the delivery method, features, products, time and availability of the beauty service and prices and the related rules. Financial terms To appear in the listings through the site, the application and the services, all beauty services must have valid physical addresses. The listings will be made available to the public through the Site, the Application and the Services.
You understand and agree that the location or classification of the listings in the search results may depend on a variety of factors, including, but not limited to, the preferences of the client and the service provider, the qualifications and / or the ease of reservation.

 

Other members may reserve their beauty service through the site, the application and the services based on the information provided in their list, their client requirements and the parameters and preferences of the clients' search. You understand and agree that once a Customer requests a Reservation of their Beauty Service, they can not ask the Client to pay a higher price than in the Reservation Request.

 

You acknowledge and agree that you are solely responsible for each and every List and Content of the members you post. Accordingly, you represent and warrant that any List you post and the Reservation of, or the stay of, a Customer in a Beauty Service in a Listing that you publish (i) will not violate any agreement you have entered into with third parties, such as beautician or association of stylists or other third-party agreements; and (ii) comply with all applicable laws, tax requirements, intellectual property laws and rules and regulations applicable to any beauty service included in an advertisement that you publish (including having all permits, licenses and records required), and (b) not conflict with the rights of third parties. Please note that BLOSHER assumes no responsibility for the compliance of a service provider with any agreement or obligation with third parties, applicable laws, rules and regulations. BLOSHER reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BLOSHER, in its sole discretion, deems objectionable for any reason, in violation of these Terms or of BLOSHER At that time, Community Policies and Guidelines or Standards, Registered Trademark & ​​amp; Brand guidelines, or harmful to the site, the application or the services.

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If you are a Service Provider, you understand and agree that BLOSHER does not act as an insurer or contracting agent. If a Client requests a Reservation of his Beauty Service and stays in his Beauty Service, any agreement that he establishes with said Client is established between you and the Client and BLOSHER is not a party to it.

 

When you create a List, you can also choose to include certain requirements that Members who are eligible to request a Reservation of their Beauty Service must meet, such as requesting Members to have a profile picture or a verified phone number to be able to Book your beauty service. Any Member wishing to book Beauty Services included in the Listings with such requirements must meet these requirements. More information on how to set these requirements can be found in the "Service Provider" section of the Site, the Application and the Services.

 

If you are a Service Provider, BLOSHER puts at your disposal certain tools to help you make informed decisions about which Members you choose to confirm or approve in advance for the Reservation of your Beauty Service. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of persons residing or present in the Beauty Service at your request or invitation, excluding the Client (and the persons that the Client invites to the Beauty Service, if applicable).

 

BLOSHER recommends that service providers obtain the appropriate insurance. Carefully review any insurance policy you may have and, in particular, make sure you are familiar with and understand the exclusions and deductibles that may apply for such insurance policy, including, among others, whether your insurance policy will cover the actions or inactions of or related to customers.

 

BLOSHER can offer service providers the option of photographers taking pictures of their beauty services. If you as a service provider choose to have the photographer do this, BLOSHER must own all the copyrights of the photographs taken, but these photographs will be available for inclusion in your Listing with a watermark or label with the words "Verified Photo of BLOSHER.com "
or similar text ("Verified images"). You agree that you are solely responsible for ensuring that your List is accurately represented in the Verified Images. You are solely responsible for using the verified images for your listing and guarantee that you will stop using the verified images or any other images if those images no longer accurately represent your listing or if you cease to be a service provider for the submitted listing. . All images, materials and content created by these photographers, including verified images, constitute the content of BLOSHER, regardless of whether you include them in your List and you agree not to use them, except in your list without the prior authorization of BLOSHER. If your BLOSHER Account is canceled or suspended for any reason, you should not use Verified Images in any way.

You agree that BLOSHER retains your right and may use the Verified Images for advertising, marketing, commercial and other purposes in any medium or platform, either in connection with your Listing or otherwise, without prior notice or compensation.