Условия пользования

1.      This webite (www.peachy.pro) (the “Site”) is a website managed by _____ LLC, (“Peachy”, “us”, “our”, and “we”). Through Peachy, you can request the on-demand and in-home beauty services. (collectively, with the Site and Applications, the “Services”). Each time of use of the Services, any additional terms, policies shall be applied to you. The terms and conditions set forth for the Service providers in the Membership Services Agreement concluded between the Service Provider and Peachy. In case of any discrepancy between this Agreement and other additional agreements concluded between all parties, additional agreements will supersede.

2.      This Agreement is legally binding terms for your use of the Services. By accepting this Agreement, you are acknowledging and accepting that you have the right, authority, and capacity to enter into this Agreement. Moreover, you are aware that we do not provide Services for Users under 18 (eighteen) years old, and if you are such individual, you may only use our Services under the supervision of the parent or legal guardian. If you do not agree with the Terms and Conditions set forth in this Agreement, please exit Site and do not access it.

Accounts

3.      For users wishing to use the Services Peachy provides, all must register for an account with us. In the account creation section followed after the sign-up, you agree that you provide i) truthful and accurate information, ii) and will also maintain the accuracy of such information.

4.      You must not create an account on behalf of anyone, except yourself and conditions set forth in the clause 2 of this Agreement.

5.      You agree that you can only create 1 (one) account, and you shall not create or maintain more than 1 (one) account at any given time.

6.      You can delete your Account at any time, for any reason. If you wish to do so, please contact our customer services to guide you through ______.

7.      Peachy reserves the right to terminate or suspend the services provided to you, for any reason.

8.      The login details, such as password and username will be stored and maintained by you, hereby, you accept that you are responsible for all activities that occur under your Account. If you suspect any unauthorized access to your Account, or any other breach of security, please contact our customer service promptly. ________@peachy.pro We cannot and will not be liable for any loss or damage arising the failure to comply the requirements of this Agreement.

Payment Terms

9.      In case of Booking Service Providers (“Appointment” hereinafter), a valid credit card (issued by Visa, MasterCard and other accepted issuers by our payment provider) must be provided to us for any services provided by the Peachy. All Appointments must be fully pre-paid.

10.  You may cancel your appointment at any time before the appointment takes place. However, all cancellations by Users are non-refundable.

11.  If service providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such appointment.

12.  You agree that Peachy shall use the credit card number and associated payment information without any additional consent to immediately invoice your Account for all fees and charges.

Responsibilities

13.  In the time of ordering in-home beauty services, you acknowledge and agree to comply the requirements applicable to such services. After your booking, you shall also receive a confirmation email containing all information regarding such requirements which state a) creating a safe, clean, reasonably comfortable workspace; b) providing a workspace with proximity to clean-running hot and cold water, sink and electric outlet; c) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our service providers are present; d) providing workspace free of any pets; e) following official Covid-19 pandemic policy.

14.  Service Providers may cancel or stop providing booked services if the requirements in the clause 13 are not met. Peachy by no any means can be regarded the employee or the agent of Service Providers and You acknowledge and understand that all Service Providers are contractors who operate their business separately.

Intellectual property

15.  We have all rights to all information contained on the App, including but not limited to images, video and soundtrack, methodological content, design elements, databases, program code and texts.

16.  User is not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the information without prior written permission; (ii) record on video or audio tape, relay by videophone or other means the information given;(iv) remove any copyright or other notice of Us on the Content; (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the App.

17.  Apple and IOS are not responsible for investigating, defending, paying for or managing any claims that you or third parties infringe on intellectual property using our application.

18.  If you find that content used in our services violate your intellectual property rights, you may write to us and we may investigate the matter. You are responsible for proving your intellectual property rights at the time of application.

19.  You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

20.  In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

Indemnity 

21.  To the fullest extent permitted by law, you agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services in an unauthorized manner; (b) your User Content; (c) your violation of this Agreement;  (d) your violation of applicable laws or regulations; or (e) your violation of any of the Requirements. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Party Services

22.  All Third-Party Sites, Apps and Ads (hereinafter “Third-party Services”) displayed and linked in our Site are not under our control, and Peachy is not responsible for any Third-party Sites, Apps and Ads. Our cooperation in providing such services is complimentary to give Users best practice at our Site, and you understand and agree to use such Third-party Services at your own risk. Our term’s and policies is only applicable to the extent of your Usage of our Site, and shall not be extended if you use Third-Party Services in which separate terms and conditions and other policy are being applied.

23.  We assume responsibility only for the information shared by Peachy itself, all other information (hereinafter “User Content”) shared is responsibility of the sharer’s.

24.  In case of dispute regarding the User Content shall by no means be involved or become involved. Users, including Service Providers shall interact with each-other at their own discretion, and Peachy is not obliged to be involved in the disputes arose from such interactions.

Disclaimers

25.  As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (D) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS OR PRODUCTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE. YOU AGREE THAT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING THE IN-HOME BEAUTY SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE IN-HOME BEAUTY SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH IN-HOME BEAUTY SERVICES. YOU ASSUME FULL RESPONSBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT.

26.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR IN PERSON. YOU UNDERSTAND THAT PEACHY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. PEACHY DOES NOT GUARANTEE OR WARRANT ANY EXPERT’S PERFORMANCE IN THE APPOINTMENT OR QUALITY OF THE IN-HOME BEAUTY SERVICES.  

Limitation on Liability

27.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (AND OUR SUPPLIERS), OR THE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, OR LOSS OF DATA RESULTING THEREFROM.

28.  TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS 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 PEACHY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Term and Termination

29.  Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Final provisions

30.  In case of disagreement with the Agreement, the User undertakes to immediately stop using the App on all devices.

31.  We reserve the right to change or amend the Agreement at any time with notice. Such changes take effect 3 (three) calendar days from the date of posting the new version of the Agreement on the App. The user is obliged to independently and timely check the changes in the Agreement. Continued use of the App after the publication of a new version of the Agreement means that the User accepts all changes and agrees with them. If the User disagrees with the changes made, he/she is obliged to refuse access to the App, stop using the materials and services of the App.

32.  We shall be entitled to terminate this Agreement and cease to provide with Services with immediate effect if User is in breach of these terms and conditions.

33.  The Agreement can be terminated by Us unilaterally, a) by notifying the Client at least 10 calendar days in advance, or b) immediately, if the User violates its terms and conditions.

34.  Services provided under this Agreement are personal and cannot be transferred or assigned to any other person. We shall be entitled to assign this Agreement to any other company without prior notice to User.

35.  We shall not be liable for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, terrorism, strikes, failure to provide a course caused by illness of the trainer, Government decision and regulation or any other unexpected circumstances related to the type of services provided.

36.  All disputes and disagreements that may arise from or in connection with this Agreement will be resolved through negotiations. If no agreement is reached, all disputes regarding this Agreement shall be resolved in accordance with the norms of the current legislation of the Republic of Azerbaijan.

37.  The recognition by the court of any provision of the Agreement as invalid or unenforceable does not result in the invalidity of other provisions of the Agreement.

38.  Each party shall keep the other party’s confidential information strictly confidential and not use it otherwise than for the purposes of this Agreement and shall return it on demand and not retain copies of it. This clause shall continue notwithstanding termination of these terms and conditions.