TERMS OF USE

 

This Mobile Application / App is operated by Infinitied Labs Private Limited (“     Infinitied”) and is called as Svayo Customer App, or Svayo App.

 

Your access and use of the Svayo Customer App ("App") is governed by these Terms of Use. Please take a few minutes to review the same. Your use of this App constitutes your agreement to adhere to and be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not access and use this App. For the purposes of these Terms of Use, “we”, “our” and “us” shall mean Infinitied and “you” and “your” shall mean a User (as defined below), who meets the eligibility criteria set out below.

 

  1. TERMS AND CONDITIONS SUBJECT TO CHANGE

 

  1. We reserve the right to update or modify these Terms of Use at any time without prior notice and will alert you that changes or revisions that have been made by indicating on the top of this Terms of Use the date it was last revised. Your access and use of this App following any such change constitutes your agreement to follow and be bound by these Terms of Use as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this App. Further, by availing the Services provided by third party service  providers page through our App, you shall be deemed to have accepted all the below mentioned Terms and Conditions and it constitutes a contract between you and Infinitied.

 

  1. ELIGIBILITY AND REGISTRATION

 

  1. In order to access the Services (as defined below), you will need to register on the App and create a “User” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the App.

 

  1. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the App or such other Services provided through the App only in compliance with this Terms of Use and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence arising out of any inaccuracy in the information provided by you on the App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Terms of Use or the Privacy Policy.

 

  1. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this App you expressly consent to such sharing of the information provided by you.

 

  1. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party.      We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use. You will immediately notify us of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: care@infinitied.com.

 

  1. You are responsible for making all arrangements necessary for you to have access to our App and thereby the Services. You are also responsible for ensuring that any persons who access our App and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to us for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

 

  1. Infinitied reserves the right to refuse access to use the Services offered at the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Infinitied from using the App or Services for any reason whatsoever.

 

  1. SERVICES

 

  1. You can avail of the following services through the App:

 

  1. Hair and skin care services from third party service providers (“Listed Partners”) listed under [●] in our App;

  2. Make reservations/bookings/ schedules to avail the aforesaid hair and skin care services;

  3. Provide hair and skin care  service updates pertaining to the beauty service organisations like offers, service bundles, discounts;

  4. Provide for online payments as a mode of payment once service is completed;

  5. Provide services of its sub-brands and such other third party services as may bbe listed; and

  6. Provide such other services as is set out under [●] in our App;

(collectively “Services”).

 

  1. Loyalty Points

 

  1. Upon the completion of Services, including payment of applicable fees by you, Infinitied may, at it is sole discretion issue loyalty points to you for the Services availed through the App. The loyalty points shall be accrued and calculated in the manner set out in [●] in our App. Such points can be only be utilized in the manner set out therein.

 

  1. Promotional / Referral / Discount Codes

 

  1. If you utilize any promotional / referral / discount codes at the checkout page to avail of any of the Services, such promotional / referral / discount code shall be governed by the following terms:

    1.  The promotional / referral / discount code is valid for a limited time only. Infinitied reserves the right to modify or cancel it at any time;

    2. Each promotional / referral / discount code can be used only once, unless otherwise specified;

    3. Each promotional / referral / discount code applies only to qualifying items. Details are specified in the promotion;

    4. The promotional / referral / discount code is subject to all restrictions set forth in the offer.

    5. If the promotional / referral / discount code has a minimum purchase requirement, taxes, gift-wrap, shipping and handling charges do not apply toward the minimum purchase amount.

    6. The promotional / referral / discount code is not transferable, may not be resold or redeemed for cash.

    7. Only one promotional / referral / discount code can be used each time and therefore cannot be combined with other offers using promotional code.

    8. Limit one promotional / referral / discount code per customer.

    9. Infinitied reserves the right to void the transactions where prohibited.

 

  1. APP, FEATURES AND FACILITIES

 

  1. The App enables the customers to avail of the Services set out in Clause 3 above.

 

  1. A registered user of the App (“User”) can therefore discover, find and visit the Listed Partners page, view the  Services and make bookings/reservation in accordance with these Terms of Use and any other terms set out on the Listed Partners page. The App grants you a limited licence to access and make personal use of this App. This licence does not include any resale or commercial use of this App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another Listed Partners page; or any use of data mining, robots, or similar data gathering and extraction tools.

 

  1. USE OF APP

 

  1. You agree and acknowledge that we are not involved in the sale, purchase or procurement of any products or Services listed by Listed Partners on this App. We only provide an online mobile application to the third  party beautification service providers page to exhibit and sell their Services and do not have control in any manner whatsoever over any transaction that is undertaken between you and a Listed Partner. We are not involved in any transaction between any parties who are using our App. Any risks pertaining to any transaction using the App shall be borne by you. The App is a venue only and we may not screen / censor and/or otherwise control all the listings offered to you. We cannot and do not control the behavior of all the Listed Partners on this App. We cannot control whether or not the Listed Partner will complete the transactions they describe on this App. It is extremely important that you take care to act in a prudent and diligent manner throughout your dealing with Listed Partner as you would if you were dealing with them directly on a principal to principal basis.

 

  1. Accordingly, we shall neither be liable nor responsible for any actions or inactions, errors or omissions of any Listed Partners or any breach of conditions of contract, representations or warranties made or offered by Listed Partners.

 

  1. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between Listed Partners and customers.

 

  1. You further agree and undertake that you are accessing the App, availing of the features and facilities and transacting with the Listed Partners, at your sole risk and are using your best and prudent judgment before entering into any such transactions.

 

  1. You acknowledge and agree that we merely provide a platform for the Listed Partners to list and sell their Services, and we do not, in any way, endorse any such Services, or shall be in any way responsible or liable with respect thereto. We will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and the Listed Partners.

 

  1. You acknowledge and undertake that you are accessing the Services including request for a specific stylist, location, courtesy, pricing on the App and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App.

 

  1. USER CONTENT

 

  1. Any content, information, graphics, audio, images, and links submitted as a part of the Listed Partners’ business, portfolio of beautification service solutions or in connection with any of the transactions on the App shall constitute "User Content".

 

  1. You understand and agree that User Content includes information, views, opinions, and recommendations related to hygiene, waiting time, stylist location, courtesy, pricing of many third party service providers page and is designed to help you gather the information that you may need in order to avail of the Services. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any User Content you upload or intend to rely upon. No User Content shall be deemed endorsed by us unless we specifically make an express endorsement to that effect. You should also be aware that other Listed Partners and customers may access the App and utilize the features and facilities for their benefit. As a result, please appreciate User Content with appropriate caution and exercise the required due diligence. User Content may be misleading, deceptive, or erroneous.

 

  1. If you upload, post or submit any User Content, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person.

 

  1. You must ensure that the User Content uploaded, posted or submitted:

    1. is relevant to the App;

    2. is not abusive or vitriolic;

    3. is not vulgar, sexist, casteist, racist or derogatory in any form or manner;

    4. does not amount to spam;

    5. is not in violation of anyone's copyright or intellectual property rights; and

    6. is not vindictive of or targets any Listed Partners individually or personally. 

 

  1. We may be unable to exercise supervisory or editorial control over and/or edit and/or amend all User Content that that may be inserted or/and made available or transmitted to a third party service providers in or through the App and you acknowledge the same. You however understand and agree that we have absolute discretion to refuse to upload, delete and/or amend any User Content with cause, including without limitation so as, in our sole opinion, to comply with the prevailing legal framework and/or moral obligations as placed on the App and in order to avoid infringing any third party service provider’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to User Content or without cause, and without notice to you. This shall be without prejudice to our right to take recourse to such legal proceedings as may be available to us, if we find that you have uploaded or utilized any User Content in violation of these Terms of Use.

 

  1. If you do happen to come across any User Content that is inaccurate, not up-to-date or is in violation of any laws or third party service provider’s intellectual property rights or these Terms of Use, kindly inform us of the same. We reserve the right to act on the same, at our sole discretion, in such manner as we may deem appropriate, based on the particular facts and circumstances.

 

  1. ELECTRONIC COMMUNICATION

 

  1. By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. Communications shall be posted on the App and all such communications will be deemed to be in "writing" and received by you when posted thereon. However, the communications may also be sent to you via short messaging services, Whatsapp, as an email to your registered email address and in such other mode as may be available to us. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to us should be sent to the designated email address(es) provided for herein or by way of mobile application notification.

 

  1. INTELLECTUAL PROPERTY POLICY

 

  1. All of the content on the App, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames, software, technology ("App Content"), constitute our and our licensors’ intellectual property. The App and the App Content are protected by copyright, trademark and other relevant laws in all applicable jurisdictions.

 

  1. Any and all rights to the User Content shall remain vested with respective owners and shall not stand transferred to us by virtue of having been posted on the App.  To the extent necessary for obtaining our Services, you hereby grant      Infinitied a limited, nonexclusive, worldwide, irrevocable, non- fee bearing and non-royalty bearing license to use the User Content posted by you. We may, however, retain copies of the User Content which may be used for publicity and advertisement purposes.

 

  1. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular App Content, you could contact us in the manner provided for herein.

 

  1. Please note that App Content may contain links to any third party mobile application, websites and social media platforms and may include links to affiliated or other products or Services. You may access these links at your sole risk as we shall have no control whatsoever on the contents thereof or the products and Services promised thereunder.

 

  1. PRIVACY POLICY

 

  1. Access to and use of this App is subject to our Privacy Policy. We respect your privacy. We will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

 

  1. PAYMENT

 

  1. You agree and understand that you may be redirected to  third party payment gateway applications (as chosen by Infinitied) in order to avail of any Services            from the Listed Partners prior to commencement of the service / once the service is completed. It is hereby clarified that Infinitied is only collecting payments on behalf of its Listed Partners and is not providing the Services by itself.

 

  1. You agree, understand and confirm that the debit card /credit card/net banking / payment wallet details provided by you will be correct and accurate and you shall not use the debit card/credit card/net banking /payment wallet account which is not lawfully owned by you.

 

  1. It is hereby clarified that the payment should be done through the mobile application and we are not capturing any credit card / debit card / net banking / payment wallet details of any user. Further the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

 

  1. When you make a payment using our App, including by way of credit cards, debit cards, net banking or wallets, it is your responsibility to retain the relevant payment details for purpose of any refund transaction.

 

  1. By making the purchase, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place. When you provide your payment information, you authorize us (or a service payment processor) to process and store your payment and related information. We are not responsible for any credit card or overdraft fees associated with any order you use a credit card for. You agree to fully cooperate with us in an effort to resolve any problems we encounter in order to process your requested order. Neither us / nor the Listed Partners shall have the obligation to provide the Services, in the event, the payment transaction fails and the appropriate amount is not duly received.  The payment for the Services can be made before or after the Services are rendered, which may be determined by the policy of the Listed Partner or as per our sole discretion, as the case may be.

 

  1. It is hereby clarified that we will not entertain any cancellation / refund request initiated by you. All such requests shall be addressed to the Listed Partners and amounts to be refunded, if any, shall be refunded to you by the Listed Partners in accordance with such Listed Partners’  cancellation / refund policy. The refund, if payable, shall be made through the mode that was used to make the payment for the particular Services.

 

  1. INDEMNIFICATION

 

  1. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of this App, including, without limitation, your access and use of this App in violation of this Terms of Use.

 

  1. DISCLAIMER

 

  1. You agree that you are availing of the features and facilities at your own risk. The Services, features and facilities are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

  1. We make no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor do we make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

 

  1. There are no representations and warranties, whether express or implied, made by us regarding the accuracy and/or quality of any information transmitted and/or products/ Services obtained through the use of the Services, features and facilities.

 

  1. You are entering into a transaction with the Listed Partners through the App at your own risks. We are in no way responsible for the Listed Partners’ actions or products / Services.

 

  1. You shall ensure that while using the features and facilities, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

 

  1. We do not warrant that this App or any of the applications / web links linked to the App be free of any operational hazards or errors or that it will be free of any virus or/and worm or/and any other harmful components.

 

  1. LIMITATION OF LIABILITY

 

  1. ACCESS TO THIS APP AND ITS FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. WE EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS APP IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

 

  1. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP’S SERVICES, FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., OR INABILITY TO USE THIS APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS APP OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY. THE MAXIMUM LAIBILITY OF INFINITIED SHALL BE THE FEES PAID BY YOU FOR THE SERVICES IN QUESTION.

 

  1. APP UPDATE

 

  1. We release updates on a periodic basis to ensure that our mobile application keeps performing smoothly and it complies with the highest industry standards. You are required to update the mobile application as soon as any update is available. Failure to update the mobile application may result in the mobile application not functioning.

 

  1. INDEPENDENCE FROM PLATFORMS

 

  1. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

 

  1. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

 

  1. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.

 

  1. The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

 

  1. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

  1. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).

 

  1. MAXIMUM EFFECT

 

  1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, our liability shall be limited to the greatest extent permitted by law.

 

  1. REQUESTING PAPER COPIES

 

  1. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request.

 

  1. ASSIGNMENT

 

  1. You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use. Subject to the foregoing, these Terms of Use will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, we shall have the right to assign our rights and obligations under this Terms of Use to any services; you hereby agree to such assignment.

 

  1. NO WAIVER 

 

  1. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

 

  1. NO AGENCY

 

  1. Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us. Further, except as expressly provided: (i) neither you nor us shall be deemed to be an agent or representative of the other by virtue of these Terms of Use; (ii) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

 

  1. GOVERNING LAW AND JURISDICTION

 

  1. These Terms of Use are governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of any disputes arising out of or relating to the access and use of the App, the Services, features and facilities. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this App or the features and facilities or information provided to or gathered by us with respect to such use.

 

  1. VALIDITY OF TERMS OF USE

 

  1. These Terms of Use shall apply when you access the App and avail of the features and facilities and shall extend to your User Content, if any, for so long as it is not deleted based on explicit instruction in writing . 

 

  1. ENTIRE AGREEMENT

 

  1. These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.

© 2019 - 2020 by Infinitied Labs Pvt. Ltd.