TERMS & CONDITIONS
Updated January 2020
These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and On Location Glam Limited (“On Location Glam,” “we,” or “us”) for the access to and use of this website, which includes text, media, documentation, pictures and other content (collectively, the “Website”), as well as for the access to and use of any services supplied to you by independent contractors of On Location Glam (collectively, the “Services”). Such Services may be supplied to you through the Website.
By accessing or using the Website, or the Services you agree to be bound by these Terms, including the warranty disclaimers and limitation of liability provisions below. If you do not understand or agree to these Terms, do not access or use the Website, the Services, and please exit the Website now.
On Location Glam Limited provides information related to and a means of obtaining services, which are directly provided by independent contractors/participating partners in Hong Kong. On Location Glam assumes no responsibility or liability related to the services provided by or actions of such independent contractors.
1. The Company
1.1 On Location Glam is a limited liability company, incorporated in accordance with CA state law, registered in Oxnard, CA
2. The Services
2.1 On Location Glam provides the platform to obtain hair, makeup, and/or nail services offered by independent contractors/participating partners in Ventura County.
3. Accessing the Website
3.1 When retrieving information from the Website, you are prohibited from (i) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, or (ii) accessing data not intended for you.
3.2 By accessing or using the Website or the Services, you agree to:
a) You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
b) You represent and warrant that you are at least 18 years old.
c) You shall provide accurate, true and current information as prompted during the account registration process and shall keep it current at all times.
d) You shall comply with Hong Kong Law when you access the Website or use the Services.
e) You shall only access or use the Website with a compatible device or computer. On Location Glam assumes no responsibility or liability for loss resulting from failure to comply with this provision.
f) You represent and warrant that all Content that you post to the Website or submit shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
g) You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
h) You shall not use the Website for any illegal or unauthorized purpose.
i) You acknowledge that, by accessing or using the Website, certain mobile carrier charges may apply, including SMS messaging charges and data charges.
j) You shall not transmit viruses or any code of a destructive nature to On Location Glam
h) You shall not abuse, harass, threaten, harm or impersonate other On Location Glam users of any On Location Glam Entities or any of its partners, at any time or for any reason.
Any use of the Website, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website and the Services. On Location Glam reserves the right to monitor your use of the Website and the Services to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend use of the Website, the Services, or the Applications for any reason.
4. Intellectual Property Rights
4.1 The copyrights and other intellectual property in the Website and the Services are owned by On Location Glam, its independent contractors, and its licensors. Subject to your compliance with these Terms you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Website or Applications for the purposes of your use of the Services or considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
4.2 By posting Content to the Website or submitting Content through the Applications, you hereby grant On Location Glam a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Website and Applications, and for On Location Glam’s internal business purposes, which include the Services.
5. Fees & Payment
5.1You acknowledge that use of the Website and Services may involve fees charged by On Location Glam. Pricing information displayed on the Website or through the Applications is subject to change. On Location Glam may increase or decrease fees as it deems necessary. All fees are non-refundable and shall be paid by you immediately when due.
5.2 Standard data fees may apply when accessing or using the Website from a mobile device.
5.3 You may purchase and book an appointment for by following the directions set out on the website. Service appointments may be booked between two (2) hours to twelve (12) months in advance. The rates that apply for the Services provided by On Location Glam can be found on the website and those rates will be applicable at the time of the booking. On Location Glam reserves the right to modify or update these rates from time to time without notice. You confirm that you shall be responsible in remaining informed about the current rates for each of the Services.
5.5 All payments shall be made to On Location Glam in respect of the Services provided to you by the Independent Contractors/Participating Professionals. You agree that you will pay for all the Services you purchase from the Independent Contractor/Participating Professional. Payment must be made prior the Service(s) appointment or immediately after the Service(s) appointment has been completed. On Location Glam will charge your credit card account (Visa, MasterCard, or PayPal) as provided by you once you book the appointment on the website and we confirm the completion and availability of the Service(s) appointment. The Independent Contractor/Participating Professional shall not request for payment from you by cash or any other forms of credit. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card account for payment of all fees at all times. If your credit card is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Payment Processor's limited payment collection agent, use a secondary payment method in your account, if available. If any fee cannot be charged to your credit card for any reason, we may provide you, via email or SMS, notice of such non-payment and a link for you to update your payment information.
5.6 For cancellations made in accordance with the cancellation policy set out in Clause 5, contained herein, payments are non-refundable and services provided are non-exchangeable once the Service appointment has been completed, except at the absolute discretion of the Company.
5.7 In the occasion of receiving a Gift Voucher for On Location Glam services, the terms and conditions shall be stated on the voucher and shall be followed thoroughly.
6. Cancelation Policy
6.1 Should you need to cancel a Service(s) Appointment, you must notify On Location Glam through the website or through the phone number listed on the website. In order to avoid a cancellation fee for cancelling a Service appointment, you must inform the Company at least twenty-four (24) hours before the Service appointment time. In the event that you fail to cancel your Beauty Service appointment at least twenty-four (24) hours prior your scheduled appointment time, you will be charged the total amount for the Service that would have been provided if not for your cancellation to your credit card without further notification.
6.2 If an Independent Contractor/Participating Professional that you have made a Service appointment with is unavailable at the date and time you reserved for any reason whatsoever, you shall be informed by the Company, through email or phone call, of the cancellation, and no payment will be charged to your credit card. In the event that an Independent Contractor/Participating Professional fails to cancel the Service appointment within a (24) hour notice prior the scheduled appointment time, you will be credited as follows:
a) if an Independent Contractor/Participating Contractor notifies the Company of his / her intention to cancel a Service appointment twenty-four (24) hours prior to the scheduled appointment time, the company shall award you with 25% of the total amount for the Service that would have been provided in the form of On Location Glam Gift Credit. The Gift Credit shall be valid for a period of two (2) months from the date of issuance; and
b) if an Independent Contractor/Participating Professional notifies the Company of his / her intention to cancel a Service appointment less than twenty-four (24) hours before the scheduled appointment time, the company shall award you with 50% of the total amount for the Service that would have been provided in the form of Gift Credit. The Gift Credit shall be valid for a period of two (2) months from the date of issuance.
6.3 If a black rainstorm warning signal and/or typhoon warning signal no. 8 or above is or remains in force less than four (4) hours before a Service appointment time, the Service appointment shall be deemed to be cancelled. No payment will be charged to your credit card, and no Gift Credit will be awarded by On Location Glam for the booking of the cancelled Service appointment.
7. Third Party Websites/Services
8.1 You shall indemnify, defend and hold harmless On Location Glam and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “On Location Glam Entities”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Website or Services, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify On Location Glam of any unauthorized use or breach of security known to you that may affect the security of the Website.
9. Disclaimers; Limitation of Liability
9.1 On Location Glam provides information through this Website. While On Location Glam has undertaken efforts to provide accurate information, it is not comprehensive and On Location Glam makes no commitment to update the information at any particular time. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website are your sole responsibility.
9.2 The website and services are provided on an “as is” and “as available” basis with no commitment to any future functionality or features. You acknowledge that your use of the website and services is at your own risk. The website and services are provided without warranties of any kind, whether express or implied, including implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, On Location Glam and the entities do not warrant that the content is accurate, reliable or correct; that the website and services will meet your requirements; that the website and services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Your sole remedy in the event of any deficiency, error, or inaccuracy in the website shall be to request that On Location Glam correct the matter or, if On Location Glam fails to do so, to discontinue your use of the website and services. Any content obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer or device, or for loss of data that results from such download. On Location Glam does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, or featured in any banner or other advertising, and On Location Glam will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services, including any independent contractor providing the services.
9.3 On Location Glam assumes no responsibility or liability for assessing the ability or suitability
of independent contractors, who provide you services as third parties. You expressly waive and release On Location Glam from any and all liability, claims, or damages arising from independent contractors you encounter through use of the website or services. On Location Glam disclaims any and assumes no responsibility or liability for acts by independent contractors during the performance of services which cause personal injury, property damage, death, theft, defamation, disparagement, discrimination, breach, or interference with a third party contract, or misrepresentation. You acknowledge that On Location Glam owes no duty of care to you and On Location Glam disclaims any and assumes no responsibility or liability for breach of such a duty by independent contractors. On Location Glam exercises no control over the schedules or availability of independent contractors and shall not be liable to you for any losses or damages that may result from issues related to the schedule or availability of an independent contractor. On Location Glam disclaims any and assumes no responsibility or liability for losses or damages resulting from disclosure of your personal or confidential information by an independent contractor. On Location Glam disclaims any and assumes no responsibility or liability for an independent contractors failure to maintain or obtain any licenses or permits, or lack of training, experience, or business qualifications necessary to provide services. On Location Glam assumes no responsibility or liability for disputes between you and any independent contractor, including payment disputes, and disputes related to the method, details, and means that an independent contractor chooses to perform services.
9.4 To the maximum extent permitted by applicable law, the On Location Glam entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to our use of or inability to access or use the website, or services; or (ii) any content obtained from the website or applications.
10. Governing Law
10.1 These Terms and any action related to the access or use of the Website or Services will be governed by the laws of California and will be submitted to the exclusive jurisdiction of the courts of California.
11. Entire Agreement
11.2 If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms from time to time, and the most current version will always be at www.onlocationglam.com. By continuing to access or use the Website or the after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.