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The following terms and conditions (these “Terms of Use” or ““Terms”), govern your access to and use of The Perfection Room Mobile Application and the website https://theperfectionroom.com (the Platform), including any content, functionality and services offered on or through the Platform by Bookly (the Company).

 

Please read the Terms of Use carefully before you start to use our Services. By using our Services, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

 

1. Account Registration

 

To create a User account, you must create a password-protected account (the “Account”). You may register for an Account using your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when you use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and you alone are responsible for safeguarding your Company Account password and you are solely responsible for all activity that occurs on or through your Account and that you will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, you may, however, be liable or responsible to Company or third parties due to unauthorized use of your Account.

 

 

2. Confirmation of Booking

 

Company shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability, which shall be informed to you via an email. Once a booking has been placed, the service provider will then approve the booking, only then will the booking be confirmed. In the event the booking is confirmed, you shall check the booking details. After the Service Provider confirms the booking, the full payment for the booking made will be deducted. Acceptance of booking represents an agreement between the User and the Service Provider. The Service Provider has sole responsibility of providing the service.

 

4.  Rights and Obligations of Users

 

    • You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.

 

    • You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate App information or content including but not limited to, use on a mirrored, competitive, or third-party websites

 

    • You agree that you will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Company or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates payment structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.

 

 

6. Payment

 

Company shall charge Service Fee for the Service which shall be determined and amended at the sole and absolute discretion of Company. The Service Fee shall be payable by you to Company and shall be informed to you upon completing your Booking.

 

Company shall provide a receipt of the Booking Fee payable by you at the end of the Booking, however, separate invoices raised by the Service Provider for Fee and the Service Fee raised by Company shall be provided to you on request. You may request for a copy of the invoices from our Support page.

 

All applicable taxes in respect of the Fee, Service Fee or Cancellation Fee shall be borne and payable by you to the Service Provider or Company, as the case may be.

 

    • Credit Card/Debit Card

 

  • Apple Pay (currently in UAE) and Visa Checkout

 

Card data will be stored for future orders by the external online payment providers, on the condition that the User has given consent to the storage and future usage.

 

Service Fee of 2.8% of the total amount will be applied for every booking placed through the Platform.

 

7. Cancellation and Refund

 

You agree and acknowledge that you may cancel or reschedule a Booking at any point of time subject to two hours prior to appointment, otherwise no refund will be issued. No refund or rescheduling request will be accepted in case of no show.

 

If refund is requested, the amount will be refunded to the user’s e-wallet in the Platform. However, if a Booking has been cancelled by to the Service Provider or unseen circumstances, the full amount will be refunded back to you either on the e-wallet or original method of payment.

 

If an error or an issue occurred with the Booking due to the Service Provider error in availability, confirming the booking or double booking, the amount deducted from you will be refunded in the e-wallet or original method of payment.

 

8. Third Party Websites

 

The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its Service Provider. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such Apps. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective App administrator.

 

9. Intellectual Property

 

You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.

 

10. Force Majeure

 

We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure continues.

 

11. Indemnification

 

By accepting these Terms and using the Service, You agree that you shall defend, indemnify and hold Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Service Provider \or (c) Your use or misuse of the Platform or Service.

 

12. Liability

 

The information, recommendations and/or Services provided to you on or through the Platform, the Platform and Company call center are for general information purposes only and does not constitute advice. Company will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate.

 

Company shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information.

 

Company shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email id registered with Company. Company will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.

 

In no event shall company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if company has been advised of the possibility thereof.

 

13. Governing Law and Dispute Resolution

 

This Agreement shall be governed by and construed in accordance with the laws of UAE, without giving effect to any choice of law or conflict of law provisions. In the event of disputes, the Parties agree to use their reasonable best effort to settle all disputes amicably. However, when an impasse is reached and a dispute cannot be otherwise settled, then, all disputes arising in connection with the present contract shall be settled by Arbitration under the UAE Arbitration Rules, the Arbitration proceedings to be held in Arabic and in English language.

 

14. Modification or Changes to the Terms of Use

 

If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our App, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify you otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but your only recourse is to stop using or accessing the Platform.

 

15. General Terms

 

These Terms constitute the legal agreement between You and Company and govern your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which Company may provide to you under a separate written agreement), and completely replace any prior agreements between You and Company in relation to the offering.

 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.