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Barbershops, Salons/Spas and Freelance Artists
If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
GUIDELINES FOR USAGE
MOI provides Services (The Services) to you that assist in the securing of new and recurring grooming appointments from individual users of the MOI app. You will receive in app requests and we will determine availability of appointments at the time of the query. For “Next Available” (meaning within the next 12 hours inclusive only of opening hours), the system shall request a real time response from you within 1.5 minutes. The request will allow the Provider to accept, decline or provide an alternate availability for the same day. For “Book In Advance” the Providers uploaded a weekly or monthly calendar upfront and a booking will be deemed secure automatically. Changes or cancellations can be made by user or provider up to 24 hours in advance. Up to 10 slot per hour shall be available at the discretion of the Providers unless they are a freelance artists.
We will provide confirmation of your appointment via SMS and/or email. By using MOI’s Services, you agree to receive appointment confirmation, reminders, and review requests via SMS or email after the time at which an appointment is booked. All Data and information is the sole proprietorship of MOI and all pictures uploaded by the Providers or MOI are authorized and may be used at will by MOI for all its needs including marketing.
The Services are being offered to you for business uses. You agree to use the Services only to receive bookings and ratings, as well as to receive exposure to participating users and agree not to leverage an existing user away from the app to an external booking mechanism. This will be deemed tortious interference liable of liquidated damages. You also commit to honor appointments on time.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. MOI reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
RATES and PAYMENTS
You agree to ensure the rates in the application will be equal or lower than the rates available with Providers on location. If the rates on location are found to be lower or more favorable than those listed in the app, MOI may immediately remove your ability to secure bookings via MOI. MOI may also pursue punitive damages. MOI expressly reserves all its rights and remedies under applicable state and federal law. You agree and acknowledge that MOI is entitled to a 15% commission on each booking, unless you have agreed and signed an exclusive agreement for 5 years whereby the commission is 10%.
You confirm you are a 1099 independent contractor or service Provider and not an employee or related party to MOI and shall indemnify MOI from any law suit dispute associated with your services and hold us harmless and indemnified. You agree to make your insurance carrier aware that you are using the services and will seek out indemnification for MOI in the event of litigation arising from Provider malpractice or negligence.
As part of the consumer registration process, you will provide an e-mail address and create a password, have access to your customized backend, services prices and discounts, and showcase your profile. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else as a Provider we also may provide you with beneficial consulting services in your industry at preferred rates. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to [email protected]
ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree and acknowledge that you may only create one account. You agree to immediately notify MOI of any unauthorized use of your password or account or any other breach of security.
MOI will not be liable for any loss or damage arising from your failure to comply with this Section.
CANCELLATION AND NO-SHOW POLICY
MOI is committed to providing superior quality services to its Providers and users. To assist us in maintaining a consistently high level of service with the participating users, Providers and users are asked to cancel 24 hours in advance of any appointments that they will be unable to honor. Appointments can be canceled by editing their slot on the provider in app calendar.
If you are unable to honor your appointment and you fail to cancel the appointment in advance, MOI will send you an email letting you know that our records indicate that you were unable to provide the booked service and ask for reasons. Users failing to show for appointments without a legit cause will be charged $50 as a no-show penalty, unless the service booked cost less and if so then that price will be the penalty. Such fee will go to the Providers minus our 15% commission. By using the Services, you agree to receive no-show confirmations by email and SMS message. In case of a no-show, Providers can use the app to notify MOI by accessing appointment options on the calendar within 30 minutes from the time of the appointment. Be advised that MOI reserves the right to remove your ability to make further secure appointments via MOI if you do not provide the service appointments at its sole discretion. If you receive a no-show confirmation email in error, please email us at [email protected] or call us at (646) 780-8730 to rectify. All final cancellation or failure to service by Provider determinations will be made by MOI in its sole discretion.
AUTHORIZATION AND ACKNOWLEDGEMENT; PROVIDER RELATIONSHIPS AND LISTS
In connection with using the Platform and the Services to locate and schedule appointments you understand that:
8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
The materials and services provided for and depicted on the MOI Platform are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the MOI Platform ("MOI Content") is provided to you by MOI for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the MOI Content or any information, software, or services provided by MOI hereunder. MOI Content may be modified from time to time by MOI in its sole discretion.
Except as expressly set forth herein, no license is granted to Provider for any other purpose, and any other use of the Services or the MOI Content by users shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of MOI or its licensors in the Services or MOI Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of MOI or any third party is granted under this Agreement.
9. MOBILE SERVICES
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device and (iii) a web based back end with the ability to see pending and past payment as well as bookings (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding MOI and other entities by SMS, MMS, text message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
10. CHANGES TO THE SERVICES
11. POSTED INFORMATION: REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At MOI’s invitation, users may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Provider and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MOI reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content. As a Provider you may not post misleading information or self-promoting reviews by yourself but can ask your
Comments’ users may not use inappropriate language or make gratuitous personal criticisms or comments. MOI has a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media.
As a Provider you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause unjust injury to any person or entity; and that you will indemnify MOI for all claims resulting from content you supply. MOI has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by MOI in its sole discretion. MOI takes no responsibility and assumes no liability for any content submitted by you or any third party.
We reserve the right to publish Posted Information as part of the Service and to also remove any Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information.
Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
12. YOUR RESPONSIBILITIES
Much of the information on the MOI Platform is updated on a real time basis and is proprietary or licensed to MOI by its Providers or third parties. You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials and business information and licensing’s or certifications. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
The Service may offer invitation/referral codes that are meant for sharing among friends and may become invalid if publicly posted via third party websites or otherwise. An invitation/referral code may be used by one user only and MOI reserves the right to suspend your account and/or revoke any and all invitation/referral credits at any time if MOI feels they were earned inappropriately.
15. APPLE-ENABLED SOFTWARE APPLICATIONS
MOI offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.
17. INDEMNITY AND RELEASE
You agree to release, indemnify and hold MOI and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
18. DISCLAIMER OF WARRANTIES
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform and/or the Services; what content you access via the Platform and/or the Services; what effects the content on the Platform and/or the Services may have on you; how you may interpret or use the content on the Platform and/or the Services; or what actions you may take as a result of having been exposed to the content on the Platform and/or the Services. You release us from all liability for you having acquired or not acquired content through the Platform and/or the Services. The Platform and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Platform and/or the Services.
WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MOI MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MOI DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEM
19. SOCIAL NETWORKING SITES
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
21. ENTIRE AGREEMENT
22. NO ASSIGNMENT
MOI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MOI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MOI will not be liable to you or any third party for any termination of your access to the Service.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
26. NEW YORK COURTS DISPUTE RESOLUTION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
Your rights will be determined by a judge.
ANY CLAIMS BROUGHT BY YOU OR MOI MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL or BUSINESS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING
27. CHOICE OF LAW AND DISPUTE RESOLUTION
28. ELECTRONIC CONTRACTING AND NOTICES
These Terms of Service constitute the entire agreement between you and MOI and govern your use of the Service, superseding any prior agreements between you and MOI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MOI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of MOI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of MOI, but MOI may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service
GENERAL LIMITATION OF LIABILITY
IN NO EVENT SHALL MOI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE MOI SITE OR THE MOI CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE MOI PLATFORM FOR APPOINTMENTS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY FREELANCERS/SALONS/ BARBERSHOPS/SPAS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE MOI PLATFORM BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE MOI PLATFORM OR THE MOI CONTENT. MOI IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON/ SPA IN WHICH A USER HAS MADE AN APPOINTMENT. ASIDE FROM THE SERVICES PROVIDED ON THE MOI PLATFORM. MOI IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED FREELANCER/SALON/ BARBERSHOP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
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