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BookingSparrow TERMS OF SERVICE

 

BY USING THE BookingSparrow WEBSITE LOCATED AT www.bookingsparrow.com (THE “WEBSITE”), SOFTWARE PLATFORM (the “PLATFORM”), AND/OR USING THE FEATURES OF THE BOOKINGSPARROW APP (the “APP”) You hereby ACKNOWLEDGE that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, PLATFORM, APP AND SERVICES (AS THAT TERM IS DEFINED BELOW), INCLUDING INDIVIDUALS AND ENTITIES WHO REGISTER FOR THE SERVICES, INDIVIDUALS AND ENTITIES WHO USE THE SERVICES AND INDIVIDUALS WHO VISIT THE WEBSITE (COLLECTIVELY, “USERS” OR “YOU”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE, APP OR SERVICES.

 

KTMM Inc., doing business as BookingSparrow (“BookingSparrow”, “we”, or “us”), is the owner and operator of the Website, Platform and App.  The BookingSparrow Website and App allows registered Users (“Clients”) to book stylists (“Stylists”), who provide on-demand beauty services during sessions (“Sessions”), and provides a platform for Stylists to advertise their services to Clients (collectively, the “Services”).

 

  1. ACCOUNT REGISTRATION.

 

1.1 Accounts. To access certain features of the Website, App and Services, you will need to register for an account (your “Account”) by providing us with your name, email address, phone number, government issued identification, and location. You may also be asked to provide other information in accordance with our Privacy Policy. You agree that you are responsible for keeping your Account password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Account.

 

1.2 Eligibility. To use and/or register for the Services, you must:

 

    • be over the age of majority in the province, territory or state in which you reside;
    • if registering or using the Services on behalf of a Stylist, have the authority to bind the Stylist to these Terms; and
    • if registering or using the Services as a Stylist,
      • are legally permitted to work in the jurisdiction where you are providing services, and
      • never have been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

 

By accepting these Terms, you represent that you understand and agree to the foregoing.

 

1.3 Credit Card. In order to register for the Services, you may be required to provide valid credit card and billing information (“Billing Information”). BookingSparrow uses third-party payment processors (“Payment Processors”) to process transactions. You authorize your Billing Information to be provided to the third-party Payment Processors. You acknowledge and agree that terms of service of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our Terms and policies do not govern. BookingSparrow HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSOR.

 

  1. SERVICES

 

2.1 Platform. BookingSparrow is a mobile beauty services platform that connects Clients with Stylists available for on-demand beauty services. Clients and Stylists contract directly with one another in all respects of any Sessions. BookingSparrow will not be a party to any agreements or contracts between Clients and Stylists for Sessions. BookingSparrow acts to coordinate payments between Users, but does not act as a service provider and nothing in our involvement in the marketplace and payment process makes us responsible for Sessions.

 

  1. FEES AND PAYMENT

 

3.1 Client Fees. For every booking made, Clients agree to pay the fees charged by Stylists (the “Subtotal”) as well as a convenience charge (“Convenience Charge”) to BookingSparrow, which will be displayed to the Client at the time of booking a Stylist on BookingSparrow. The Convenience Charge and Subtotal will be included in the price displayed to Clients. Upon booking the Stylist on the Platform, the full amount of the Convenience Charge and Subtotal must be paid. BookingSparrow reserves the right to change the Convenience Charge at any time. When a Client makes a reservation using the Services, the Client agrees that the full amount of the Convenience Charge and Subtotal, including applicable taxes, will be charged to the credit card/debit card on file of the Client using the Billing Information provided. 

 

3.2 Stylist Fees. For every booking made, Stylists agree to pay a fee to BookingSparrow on the Subtotal (the “Stylist Fee”), which will be collected by BookingSparrow at the time payment is made by the Client on the Platform. BookingSparrow reserves the right to modify the Stylist Fee at any time.

 

3.3 Payment of Fees. Following a Session, subject to Section 3.4 below, BookingSparrow will remit to the Stylist the Subtotal owed to the Stylist, less the Stylist Fee, pursuant to the terms of the agreement between the Client and the Stylist, and such payment shall be considered the same as though payment was made directly from the Client to the Stylist. All payments are sent to BookingSparrow via a third-party payment processor setup on the Website, which is then forwarded to the Stylist after BookingSparrow receives payment and the Stylist’s services have been completed.

 

3.4 Taxes. Stylists are solely responsible for calculating, withholding and/or remitting any taxes related to Subtotals. BookingSparrow will be responsible for calculating and remitting taxes on any Convenience Charges and Stylist Fees. The Stylist agrees to indemnify BookingSparrow, and each of its officers, directors, employees and agents and hold them harmless against any and all losses, taxes, damages, liabilities, and claims arising out of the calculation, remittance or withholding of any applicable taxes, except as it relates to the Convenience Charge or Stylist Fee.


3.5 Client Cancellations. If a Client cancels a booking four (4) hours or more before the time of the Session (the “Session Time”), then the Client will receive a full refund for the Convenience Charge and Subtotal paid. If a Client cancels a booking between one (1) and four (4) hours before the Session Time, then the Convenience Charge and twenty percent (20%) of the Subtotal will not be refundable, as the Stylist may have had to forego other Session requests for that time. If a Client cancels a booking within one (1) hour of the Session Time, then the Client will not receive a refund for any amounts paid.

 

3.6 Stylist Cancellations. If a Stylist cancels a Session for any reason and at any time, all payments made to the Stylist in connection with the Session must be returned in accordance with these Terms, in addition to any other associated fees incurred by BookingSparrow or Client.

 

3.7 Refunds. Unless a Session is cancelled four (4) hours or more before a Session Time, BookingSparrow does not provide any refunds to Clients for Convenience Charges.

 

  1. LICENSE AND RESTRICTIONS ON USE

 

4.1 License. Subject to your compliance with these Terms, BookingSparrow grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform and Services for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the BookingSparrow names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, App or Services.  Any future release, update, or other addition to functionality of the Website or App shall be subject to these Terms.

 

4.2 Restrictions. BookingSparrow may impose certain limitations on the use of the Website, App or Services, including, but not limited to, restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the BookingSparrow Website, App and the Services only for purposes as permitted by these Terms.  BookingSparrow reserves the right to modify or impose any limitations on the use of the BookingSparrow Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate Users at any time without any liability whatsoever to you. In using the BookingSparrow Website, App and/or the Services you shall not:

 

  • intentionally or unintentionally violate any these Terms, or any local, state, provincial national or international law or regulation, including, without limitation, using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;

 

  • license, sell, rent, lease, transfer, assign or otherwise commercially exploit the BookingSparrow Website, App or the Services;

 

  • upload, post, email, transmit or otherwise make available any material, including promoting any Session, that:

 

    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    • you do not have a right to make available under any law or under a contractual relationship;
    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); 
    • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or
    • contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

 

  • request, make or accept a booking independent of the BookingSparrow Website, App and/or the Services to circumvent any Convenience Charges or for any other reason; or

 

  • modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the BookingSparrow Website, App or any software provided by us.

 

4.3 Indemnification.  You agree to defend, indemnify and hold BookingSparrow, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any User Content (as defined below) you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including, without limitation, claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including at a Session; or (f) your negligence or willful misconduct, including at a Session. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.

 

 

  1. USER DATA AND CONTENT

 

5.1 Personal Information. BookingSparrow collects, uses and discloses certain personal information in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms. Please review our Privacy Policy carefully. If you do not agree with any of our privacy practices you must not use the Website, App, or Services.

 

5.2 License to BookingSparrow. Except for material we may license to you, BookingSparrow does not claim ownership of the materials and/or content created, uploaded or otherwise transmitted by you through use of the BookingSparrow Website, including, but not limited to, photos, designs, descriptions and comments (“User Content”).  However, by using the Website, App and/or Services, you grant BookingSparrow a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of providing the Website, App and Services.

 

5.3 Feedback. We welcome your suggestions, comments and feedback on the BookingSparrow Website, App and the Services (“Feedback”) as it helps us to improve.  If you provide us with Feedback, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) BookingSparrow (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind.

 

  1. TERM AND TERMINATION

 

6.1 Termination by You. You may terminate your account and/or stop using the Services at any time.

 

6.2 Termination by BookingSparrow. BookingSparrow may at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) a request by you to cancel or terminate your Account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the BookingSparrow Website, App or the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by BookingSparrow in its sole discretion, and BookingSparrow will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.

 

6.3 Effect of Termination. On termination, you will lose all access to the Services and any portions thereof, including, but not limited to, your Account.

 

 

  1. IMPORTANT DISCLAIMERS

 

7.1 Advertising and Third Party Links. You acknowledge and agree that the Website may contain advertisements from both Clients and Stylists and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that BookingSparrow shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. The Website and App may contain links to other websites that are not owned or controlled by BookingSparrow. In no event shall any reference to any third party, third party advertisement, third-party product or service be construed as an approval or endorsement by BookingSparrow of that third party, third-party product or service. BookingSparrow is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them.  The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that BookingSparrow endorses or accepts any responsibility for the content or use of such websites, and you hereby release BookingSparrow from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

 

7.2 Session Liability. BookingSparrow is in the business of providing a platform to connect Clients and Stylists and coordinating bookings for Sessions and is in no way affiliated with participating Clients or Stylists. You acknowledge that BookingSparrow shall not have any responsibility or liability for any losses or damages that you may incur as a result of your visit to attendance at a Session. You hereby agree to release BookingSparrow, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any Session listed on the Services.

 

7.3 GENERAL. THE WEBSITE, SERVICES AND APP ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. BookingSparrow SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE BookingSparrow WEBSITE, APP AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. 

ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BookingSparrow OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

 

  1. LIMITATION OF LIABILITY

 

8.1 UNDER NO CIRCUMSTANCES SHALL BookingSparrow BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE BookingSparrow WEBSITE, APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE BookingSparrow WEBSITE, (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY USER CONTENT TO USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS; or (IV) ANY PERSONAL INJURY OR DEATH ARISING FROM YOUR ATTENDANCE AT A SESSION.

 

8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BookingSparrow’S LIABILITY 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 CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID BookingSparrow IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

8.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. General TERMS

 

9.1 Export Control.  Use of the Website, App or Services may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the BookingSparrow Website may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the BookingSparrow Website or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the BookingSparrow Website or the Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

9.2 Notices.  BookingSparrow may provide you with notices regarding the Services, including changes to these Terms or Privacy Policy, by email or by postings on the Website, App and/or the Services.

 

9.3 Governing Law & Disputes.  This Agreement shall be governed by the laws in effect in the Province of Ontario and the federal laws of Canada applicable therein.  No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the BookingSparrow Website, App or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.

 

9.4 Entire Agreement. These Terms (together with the BookingSparrow Privacy Policy) constitute the entire agreement governing use of the BookingSparrow Website, App and the Services and all related activities. We reserve the right to modify or change the BookingSparrow Website, App and the Services at any time without notice or liability to you.  These Terms shall not be modified except by a new posting of these Terms by BookingSparrow.  If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. BookingSparrow may assign these Terms for any reason without notice to you.

 

9.5 Language.  It is the express wish of the parties that this agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

 

9.6 Questions/Contact.  If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the BookingSparrow Website, App or the Services, please contact us at: info@bookingsparrow.com or

KTMM Inc.

282 Dundas St. E

Toronto, ON  M5A 1Z9

 

 

Last Updated: Dec 24th, 2019