1. Accepting the Terms
2.1 In order to use the website and Application services, you must first agree to the Terms.
2.2 You can accept the Terms by simply ticking “I agree to the Terms & Conditions of INSTAGLAM
FZE on the registration page “SIGN UP”. You understand and agree that INSTAGLAM FZE will treat your use of the website as acceptance of the Terms from that point onwards.
“We”, “US”, “Our” or “INSTAGLAM” refers to INSTAGLAM FZE and all employees, agents and representatives of INSTAGLAM FZE.
“Application”, “APP”, “Website”, “WEB” “Platform” refers to the market place that INSTAGLAM provides.
“YOU”, “Your” or “Customer” refers to a user of the Application, App, Website or Platform and anyone using the market place .
“INSTAGLAM Professional”, “Professional”, “Service Provider” refers to third party independent beauty professionals, providing the Services.
“Service(s)” means the services provided by the INSTAGLAM Professionals to the Customer.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN US AND YOU AND THE INSTAGLAM PROFESSIONAL WHICH GOVERNS THE USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE OR APPLICATION. YOUR USE OF THE WEBSITE OR APPLICATION CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL THE TERMS AND CONDITIONS AND THE PRIVACY POLCY CONTAINED HEREIN. WE ARE A GLAMOUR (BEAUTY) BOOKING SERVICE THAT ALLOWS USERS TO REQUEST (BOOK) GLAMOUR AND BEAUTY PROFESSIONALS VIA THIS WEBSITE OR APPLICATION. WE DO NOT PROVIDE, NOR INTEND TO PROVIDE, BEAUTY SERVICES OURSELVES. WE OFFER A METHOD TO OBTAIN GLAMOUR AND BEAUTY SERVICES FROM THIRD PARTY PROVIDERS EACH OF WHICH IS EXCLUSIVELY RESPONSIBLE FOR THEIR PROVISION OF ANY RELEVANT SERVICES. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY GLAMOUR AND/OR BEAUTY SERVICES WHICH ARE REQUIRED TO BE PROVIDED TO YOU BY ANY SUCH THIRD PARTY OR THE SERVICE PROVIDER. IF YOU DO NOT AGREE WITH THIS, YOU SHOULD DISCONTINUE THE USE OF THIS WEBSITE OR APPLICATION IMMEDIATELY.
You acknowledge that this Website or Application contains links to other apps/websites which are not operated by Us (the “Third Party Sites”). We have no control over these Third Party Sites and hereby accept no liability nor responsibility for them, their content or for any loss or damage that may arise from Your use of them. You further acknowledge and accept that Your use of the Third Party Sites will be subject to the provisions, terms and conditions contained within each such Third Party Site.
This Application affords various INSTAGLAM Professionals, in the beauty profession, including but not limited to hairdressers, makeup artists, spa and beauty Salons, and others ( hereinafter the “INSTAGLAM Professional(s)”), the opportunity to promote and offer their services (hereinafter the “Services”) to You. We do not provide these Services ourselves, the INSTAGLAM Professionals and You contract independently for the provision of the Services . It is Your responsibility to select the INSTAGLAM Professional, the Services and the location at which the Services will be performed. We provide You with access to the INSTAGLAM Professionals’ Services. We do not have control over the quality nor the performance of the Services provided by the INSTAGLAM Professionals. We are not responsible for any of the actions or omissions howsoever arising out of or in connection with the Services provided by any of the INSTAGLAM Professionals. You understand that we do not routinely screen users nor the INSTAGLAM Professionals and are, therefore, in no way liable nor responsible for the performance of the Services by the INSTAGLAM Professionals and it is wholly and completely at Your own risk.
WE, OUR AFFILIATES, SUCCESSORS, LICENSORS AND EMPLOYEES ARE NOT RESPONSIBLE FOR ANY
CONDUCT BY YOU, THE INSTAGLAM PROFESSIONAL OR ANY THIRD PARTY. YOU HEREBY RELEASE US,
OUR AFFILIATES, SUCCESSORS, LICENSORS AND EMPLOYEES FROM ANY LIABILITY RELATED THERETO.
WE, OUR AFFILIATES, SUCCESSORS, LICENSORS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY
CLAIM, INJURY OR DAMAGES ARISING FROM THE USE OF THE SERVICES PROVIDED HEREIN.
As the payment for providing the Services is executed by a third party, You acknowledge that We are not responsible nor liable whatsoever for this payment gateway and shall not under any circumstances whatsoever file a claim against Us for the Services or the payment gateway.
By browsing through and/or using this Website or Application, You guarantee and undertake that You meet the eligibility criteria to use the Website or Application. In the event You are browsing through and/or using the Website or Application on behalf of a corporate entity, You represent, warrant and undertake that You are authorized to act on behalf of such entity.
To the extent You do not meet the eligibility criteria set herein, We may, at Our sole discretion, restrict or block Your access to and use of the Website or Application and seek any other remedies legally available to Us. We further reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Website or Application.
You must not misuse this Website or Application. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website or Application; corrupt data; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer or smart phone facilities of or accessed through this Website or Application. Breaching this provision would constitute a criminal offence under the laws of the United Arab Emirates.
You will be held personally liable and responsible for any misuse of the Website or Application, and We may pursue any legal action upon You where You: (I) knowingly introduce viruses, trojans, worms, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Website or Application; (II) gain or attempt to gain unauthorized access to the server on which the Website or Application is stored or any server, computer or database connected to the Website or Application; (III) attack the Website or Application via a denial-of-service attack or a distributed denial-of service attack; and (IV) use the Website or Application for any reason that is contrary to law or public order.
Further, You represent and warrant that (I) You have read and understood these Terms, (II) you are not located in a country that is subject to a United Arab Emirates (“UAE”) Government embargo, or that has been designated by the UAE Government as a “terrorist supporting” country; (III) You are not listed on any UAE Government list of prohibited or restricted parties, and (IV) the information that You provide to Us about You in connection with the App will be current, true, accurate, supportable and complete, and that You will update this information to keep it current should any of the information change or expire.
You must register on the Application in order to have access to and avail the Services. In order to register, You must provide all mandatory required personal data. By using the App, You confirm you have expressly consented to such use of Your personal information and will in no way whatsoever bring any claim against Us for the use your information (the “Generated Content”).
All Generated Content submitted within the Website or Application will be linked to your username provided at the time of registra
Should the Generated Content have any criminal implications under the valid laws of the United Arab Emirates, We reserve the right to submit the same to the relevant authorities and to disclose Your identity to any relevant and competent authorities.
You must use Your true and accurate name when registering to use the App (the “User ID”). You are required to select a suitable and non-offensive User ID. Ideally, the user ID you choose will be a reasonably expressive name that clearly identifies You. We reserve the right to remove or reclaim any User ID if We believe, at our sole discretion, the User ID is inappropriate, offensive, confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that a User ID is similar to the trademark and the User ID does not closely relate to the your actual name or trademark rights).
You will be required to provide credit card or bank account information to Us in order to make all payments for Services provided by the INSTAGLAM Professionals. As a condition to us enabling payment processing services, You agree to provide accurate and complete information about yourself, and You authorize Us to share such information for use of payment to the payment gateway.
Subject to these Terms and your compliance with the same, We hereby grant You a limited, non-exclusive and nontransferable license to download, install, display, perform, access, print any company content solely for your personal use and non-commercial purposes.
No right, title or interest in any content or materials is transferred to You as a result of use of the Website or Application. We reserve title and full intellectual property rights in any content You download, reproduce, print, redistribute or store from this Website or Application. You do not acquire any ownership interest in the Application, Website or INSTAGLAM under this Agreement.
You shall not: (I) copy the App or any element thereof, except as expressly permitted by this license; (II) modify, translate, adapt, or otherwise create derivative works or improvements of the App or any element thereof; (III) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any element thereof; (IV) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App; (V) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionalityof the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time; or (VI) use the App to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
Reservation of Rights, You acknowledge that the App is licensed, not sold, to You. We reserve all rights in and to the App not expressly granted to You under this Agreement. You do not acquire any ownership interest in the App under this Agreement. We and Our licensors reserve and retain the entire right title and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto,except as expressly granted to You in this Agreement. If You submit comments, suggestions, or other feedback regarding the App (“Feedback”), We will be free to use such Feedback for any purpose.
We may, at Our own sole discretion, permit You to post, upload, publish, submit or transmit user content on or through the Website, Application or any other social media platforms used by Us, You hereby grant Us an irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to, to use, copy, sublicense, modify, sell, publicly display, publicly perform, transmit, broadcast, stream and otherwise exploit such content on, through or by means of the Website or Application.
You acknowledge that You are solely responsible for all Generated Content that You make available through the Website, Application or any other social media platforms used by Us. Accordingly You represent that: (I) You either are the sole and exclusive owner of all Generated Content that You make available through the App or You have all the necessary rights, licenses, consents and releases that are required to be granted to Us; and(II) uploading, posting, publication, submission or transmittal of the Generated Content, or Our use of the Generated Content (or any portion thereof) on, through or by means of the Website or Application or any other social media platforms used by Us will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
When You submit, upload or post Content to the Website or Application, You grant Us, a worldwide, unconditional, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Website Terms and Conditions and otherwise in connection with the provision of the Website and Our business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
The above licenses granted by You in Content do not terminate when You remove or delete Your Content from the Website. The above licenses granted by You in textual comments You submit as Content are perpetual, unconditional and irrevocable.
All prices and payments for the Services shall be in United Arab Emirates Dirhams. Accepted payments for the Services are by way of Visa and MasterCard so long as the payment is made in United Arab Emirates Dirham. Should You choose to pay with any other currency; We have the right to charge the exchange rate given to Us by our bank on the date of the payment.
The prices for the Services are displayed within the App and may vary from time to time upon exclusive decision of the INSTAGLAM Professionals.
The Platform contains details of the Services being provided by the INSTAGLAM Professionals and it is possible that some of the prices and other information shown by the INSTAGLAM Professional for certain Services are incorrect/not updated as the same is solely the responsibility of the INSTAGLAM Professionals.
You acknowledge that the Website or Application enables You to pay and the INSTAGLAM Professionals to accept the payment for the Services. You acknowledge that all the transactions are between You and the INSTAGLAM Professional and that We are simply facilitating the payment of applicable charges on behalf of the INSTAGLAM Professional. We are a market place and not a bank, credit union, payment processor or any other financial institution. All payments are completed through third party payment gateways. You authorize Us to process Your payment for the Services provided using the payment information You have supplied.
We are not responsible for examining or evaluating the quality or any other aspect of such products or services of any INSTAGLAM Professionals and will not have any liability or responsibility to You or any other person therefore.
IF YOU MAKE A PAYMENT FOR OUR SERVICES ON THE WEBSITE OR APP, THE DETAILS YOU ARE ASKED TO SUBMIT WILL BE PROVIDED DIRECTLY TO OUR PAYMENT PROVIDER VIA A SECURED CONNECTION.
We shall endeavor to ensure that the payments for the Services are available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such payment gateway as the same is owned and operated by third parties. Access to the payment gateway may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such payment gateway and will use our best efforts to secure the restoration of the payment gateway as soon as practically possible.
We accept payments online using Visa and MasterCard credit/debit card in AED.
Refunds will be done only through the Original Mode of Payment or via credit to the User account.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
If You are not satisfied with the Services provided by the Professional, You shall directly raise Your claim with the INSTAGLAM Professional at the time of providing the Service, and We would encourage You to share Your dissatisfaction with Us by email at customercare@Instaglam.co.
If you have an issue with the payment gateway, You shall directly contact the payment gateway provider, but will keep us informed so that We may, at Our sole discretion, assist in Your claim.
You may also contact Our customer care department at email@example.com and We shall assist in any way We can.
In order to improve and make sure that the INSTAGLAM Professionals maintain a high level of competency, You are permitted to leave Your full review within the relevant section within the App. You agree that no comments submitted by You within the App will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by You within the App will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments You make and We have the right to remove, delete and take all necessary measures to ensure that We are protected under the relevant laws.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted within the App or otherwise disclosed, submitted or offered in connection with Your use of this App (collectively, the “Feedback”) shall be and remain our property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any user Feedback.
You acknowledge that, should You dispute any charge that appears on Your credit or debit card statement related to Your use of the Application, Website or market place, any request for refund for such charge shall be between You and the INSTAGLAM Professionals and that We will not have any liability to You.
For the Avoidance of doubt, INSTAGLAM Professionals are third party service providers using the Application, Website or market place to provide Services to the end user.
You acknowledge that these Terms are between You and Us and not with the application store provider or any third party or any sponsor or provider of any application marketplace and that We (not the applicable App store provider) is responsible for the App. YOU AGREE THAT APP STORE PROVIDERS DO NOT PROVIDE ANY WARRANTIES OR HAS NO OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You agree acknowledge that App Store Provider have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that App Store Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or Your use thereof infringes intellectual property rights.
If you are using the App on any iOS-based device, this license is granted to You only as permitted by and subject to any applicable Usage Rules set forth in the App Store Terms and Conditions and its subsidiaries who are third parties beneficiaries. Upon Your acceptance of the terms and conditions of this Agreement, App store providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary hereof. If You are using the App on any Android-based device, this license is granted to You only as permitted by and subject to any applicable Android Market Terms of Service established by the application provider.
We will do Our best to have the Website or Application up and running for the whole year, with the exceptions (i) scheduled system maintenance (notice of same to be provided by us as soon as practical), (ii) emergency maintenance which might occur from time to time.
You consent to receive communications, including commercial communications (whether by phone, email or text) from Us and Our third party partners, including without limitation, brands. You acknowledge and agree that Your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time You change Your mind regarding Your consent to such messages, You must contact us. You may opt out of receiving messages that are primarily commercial in nature.
You confirm that We may send You “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, You are accepting to receive these push notifications via the App, including notifications that contain commercial messages from Us and Our third party partners. Should You wish to stop receiving push notifications via the App, You may turn off these notifications through the applicable settings on Your device.
The Website or Application will contain advertising submitted by the INSTAGLAM Professionals and/or third parties. The INSTAGLAM Professional and the third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations of the United Arab Emirates. The Website or Application will also contain links to the INSTAGLAM Professionals and/or third party’s websites. Should You decide to click on such links and visit such websites you do so at Your own risk. Under no circumstances are We in any way affiliated, associated or endorsing such websites.
You are not allowed to use any content from the App for any commercial purpose without the prior express written consent of and/or license granted for this purpose by Us
You are not entitled to change, modify and/or edit the digital or hard copies of any particular content of the Website or Application neither/nor to add, modify and/or use certain photographs, texts, images and/or video and/or audio content to the original content of the Website or Application.
We expressly reserve all rights regarding the https://www.Instaglam.co name and all related domains and sub-domains, the name “InstaGlam” “INSTAGLAM” “INSTAGLAM.CO”, the logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the App may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
These Terms and other rights granted herein commence on the date of acceptance, whether direct or by continued use of the Application, of same and shall continue until terminated by You or Us. We may terminate Your use of the Application at any time without notice, at our own sole discretion, if You fail to comply with one or more provisions of these Terms. Upon termination (i) all license and other rights granted to You under these Terms will terminate immediately, and (ii) You must cease all use of the Application and delete the Application from Your device. You acknowledge that We may restrict, modify, or terminate these Terms, without liability, for its convenience or if you violate this Agreement or any law, rule or regulation.
In no event shall We be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Services, the App, or any information available within the App howsoever arising.
Notwithstanding anything to the contrary herein and to the extent permitted by law, our aggregate liability to you, whether in contract, tort (including negligence) or otherwise, will be limited to a maximum of AED 1,000, or the amount you paid for the Services for the past three months prior to the claim, whichever is lower.
Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or employment between You and us. USERS agree and understand that You do not have any authority to bind Us in any respect whatsoever under any circumstances.
Paragraph headings and titles are for ease of reference only and shall not affect the interpretation of these Terms.
No failure or delay on Our part to exercise any right or remedy available to Us under these Terms or the law shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be. The rights and remedies provided for in these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
If any provision of these Terms is or may become, under any applicable law, or is found by any court or administrative body of competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then such provision shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability and the remaining provisions of these Terms shall remain in full force and effect.
We may assign any or all Our rights and duties under these Terms to any party at any time without notice to You.
I. United Arab of Emirates is our country of domicile. These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates. Any dispute which may arise out of or in connection with the Application or Website shall be governed and construed in accordance with the laws of UAE.
Any dispute, claim or controversy arising out of or in connection with this Agreement, including a dispute, claim or controversy arising in relation to its interpretation or relating to any non-contractual obligations arising out of or in connection with this agreement (a “Dispute”) shall be settled amicably between the parties following the receipt by either party of written notice of the Dispute from the other party. In the event that a Dispute cannot be settled amicably within a period of 60 days from the date on which the relevant party notifies the other in writing that a Dispute has arisen, the parties agree that such Dispute shall be referred to and finally settled by arbitration under the DIFC-LCIA Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place, of arbitration shall be the DIFC.
The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the LCIA Court. The third arbitrator, who shall act as chairman, shall jointly be nominated by the other arbitrators so nominated and appointed by the LCIA Court.
The language to be used in the arbitration shall be English.
The award made by the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. To the extent permissible by law, the parties hereby waive any right to appeal against the decision of the arbitrator.
This “Dispute Resolution” section will survive any termination of this Agreement.