User Terms and Conditions
The Terms and Conditions below are effective for all users
Last Updated on November 29, 2017
Un-ruly Media Network, LLC, doing business as Yeluchi by Un-ruly
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://yeluchi.un-ruly.com website (the “Service”) operated by Un-ruly Media Network, LLC, a limited liability company organized under the Laws of the State of New York, doing business as Yeluchi by Un-ruly (“Yeluchi” “company”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
In order to use certain features of the Service, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Service. We may suspend or terminate your Account in accordance with the section entitled “Termination.” You agree not to create an account or use our Service if you have been previously removed by Yeluchi, or if you have been previously barred from the Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security, and further agree that Yeluchi shall not be liable for any loss or damage arising from your failure to comply with the above requirements.
Yeluchi provides a platform through which users may review and choose offered hairstyling services, pick appointment dates and times for the hairstyling service, and pay for the appointment. The hairstyling service is completed at the appointment by a third-party beauty professional (“hair stylist”). By requesting hairstyling services through our platform, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. The Service, which enables users to arrange and schedule logistics and/or delivery of services and/or to purchase certain goods, including with third party providers of such services and goods (“Third Party Providers”), is made available solely for your personal, noncommercial use.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Fees and Payment
We charge a flat fee for every service ordered, as detailed in the website. We reserve the right to change our fees at any time without notice prior to each booking confirmation. All fees paid are nonrefundable except as described in the Yeluchi Fix and Refund Policy https://yeluchi.un-ruly.com/yeluchi-fix-refund-policy/. You may cancel any appointment in accordance with our cancellation policy set forth at https://yeluchi.un-ruly.com/faqs/. We reserve the right to cancel free Hairstyling Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free Hairstyling Service. If we cancel or terminate a paid Service for any reason, we may, in our sole discretion, issue you a refund of any fees pre-paid for such Hairstyling Service. Hairstyling Services are scheduled and paid through our third-party platform provider/processor. Your use of this service and payment through the third party constitute your understanding and agreement that we are not responsible for any issues, problems, or losses experienced due to use of their platform. Additionally, you understand and acknowledge that transactions through third party sites are governed by such sites’ terms and conditions. Offline or cash payments (not including gratuity payments) are a violation of our Terms of Service, and can result in discontinuation of Yeluchi services.
We offer credits for referring new users. To qualify for a referral credit, you must refer a new bona fide user who establishes a Yeluchi account and reserves and completes a Hairstyling Service within ninety (90) days of signing up for an account. Please note that referral credits are issued only for referrals of brand new users to Yeluchi. Credits are not available for referring previous users of the Service. You may earn only one referral bonus per new user referred and you cannot earn a referral credit by referring yourself. We reserve the right to revoke or cancel credits at any time.
We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Service, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or Hairstyling Service visit, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official Yeluchi communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights
We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account to purchase Hairstyling Services, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Hairtstyling Services.
Photography Taken at In-Home Beauty Appointments
During the appointment booking process on the Service, you may opt-in to having one or more photographs taken of you by a hair stylist on behalf of Yeluchi after hairstyling service has been performed. These photographs are primarily used as a showcase of Yeluchi hairstyling services on the Yeluchi website and social networking sites where we have a page or presence (collectively “Social Pages”). However, in opting-in to having photographs taken of you, you agree that we may use and reproduce the photographs on our Social Pages, on the Service and in our marketing materials in perpetuity. Furthermore, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your photographs, and to grant sublicenses of the foregoing, solely for the purposes of including your photographs in the Service and Yeluchi marketing materials. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your photographs.
As the recipient of Hairstyling Services, you agree to assume certain responsibilities. When you purchase Hairstyling Services, you agree to comply with any rules or requirements applicable to the Hairstyling Service purchased, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where hair stylists booked via the Service are invited to perform the Hairstyling Services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for a hair stylist to perform the Hairstyling Service (all as determined in each hair stylist’s sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (c) refrain from, and prevent other individuals present in your household from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our hair stylists are present. If you have pets, you agree to confine all of your pets to a room where our hair stylists will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and the hair stylist) will be present. This is important as the hair stylist will have equipment that can burn a child and the hair stylist will be focused on you. In any event, you acknowledge and assume all liability for the use of any and all stylist implements including but not limited to chemicals and heated styling tools. We reserve the right to terminate or refuse Hairstyling Services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a stylist feels unsafe or uncomfortable with her in-home work environment or conditions for any reason.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Yeluchi.
You may not assign these Terms without Yeluchi’s prior written approval. Yeluchi may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Yeluchi ‘s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Yeluchi or any Third Party Provider as a result of this Agreement or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Yeluchi’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yeluchi in writing.
You may not post to Yeluchi’s social media or any other Yeluchi Forum or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive;
- harasses or advocates harassment of another person;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Account holders;
- involves commercial activities and/or sales without Yeluchi’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
With respect to any User Content submitted by you to Yeluchi’s social media accounts, you hereby represent and warrant to Yeluchi that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Yeluchi or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Yeluchi reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify Yeluchi and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights. Yeluchi reserves the right to remove any content for any reason.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Yeluchi. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Yeluchi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Yeluchi and its licensee and licensors, and their employees, 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; or b) a breach of these Terms.
Limitation of Liability
In no event shall Yeluchi, nor its directors, employees, partners, agents, suppliers, contracted hair stylists, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Service; (ii) any conduct or content of any third party, including hair stylists, on the Service; (iii) any content obtained from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF THE HAIR STYLISTS CONTRACTED TO PERFORM HAIRSTYLING SERVICES AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID YELUCHI IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND CONTRACTORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Kings County, New York. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Each party hereby irrevocably waives its rights to trial by jury in any Action or proceeding arising out of this agreement or the transactions relating to its subject matter.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org.