TERMS OF USE - DOMCUT SERVICES

Last updated: May 10, 2017

FULL APPROVAL OF THE FOLLOWING TERMS OF USE IS REQUIRED IN ORDER TO GET THE ACCESS TO DOMCUT SERVICES

§1.

GENERAL PROVISIONS

1. These Terms of Use (hereinafter referred to as the "Terms and Conditions" or „Terms”) govern the access or use by a person from any country in the world to applications, websites, content, products and services ("Services") made available by DOMCUT Limited Liability Company "DOMCUT") with its registered office ul. WILLIAMA HEERLEINA LINDLEYA, number 16, WARSZAWA, postal code 02-013, with the NIP number: 7010685859 and REGON number: 367119567, registered in Register of entrepreneurs maintained by the District Court for Warsaw in Warsaw XII Economic Department under the number: 0000674039

Contact details: contact@domcut.com

2. Access to and use of the Services is tantamount to accepting the provisions of these Terms as binding, which constitutes the establishment of a contractual relationship between user and DOMCUT. Failure to accept these Terms and Conditions means that user will not be able to access and use the Services. These Terms supersede any previous agreements.

3. Some Services may be subject to additional terms, such as specific events, actions or promotions, and such additional terms will be communicated in connection with the applicable Services. Additional provisions are a supplement and will form part of the Terms and Conditions for the Services. In the event of a conflict with respect to such Services, the supplementary provisions shall prevail over these Terms.

4. DOMCUT may from time to time amend these Terms of Service. The changes come into effect at least 14 days after the publication of the changes, including their indication by DOMCUT, in a visible manner on the website and in the email sent to existing users. Further access to or use of the Services after the entry into force of the revised Terms and Conditions shall constitute unconditional acceptance of the revised Terms and Conditions.

5. The rules for the collection and use of personal data by DOMCUT in connection with the Services are set out in the Privacy Policy available at https://domcut.com/privacy

§2.

THE NATURE OF THE SERVICES PROVIDED

1. Services constitute a technological platform for the ordering of services from independent external service providers providing BEAUTY AND WELLNESS services (hereinafter referred to as "External Service Providers").

2. Unless otherwise agreed with DOMCUT, in the form of a separate written agreement, the Services are provided for personal, non-commercial use only.

3. USER ACKNOWLEDGES THAT DOMCUT DOES NOT PROVIDE BEAUTY AND WELLNESS SERVICES. AND ALL SERVICES ALL BEAUTY AND WELLNESS SERVICES ARE PROVIDED BY INDEPENDENT EXTERNAL CONTRACTORS (EXTERNAL SERVICE PROVIDERS) WHO ARE NOT EMPLOYED BY DOMCUT OR BY ANY OF ITS AFFILIATED UNITS.

§3.

PROHIBITED USE OF THE SERVICES

1. It is prohibited to use the Services for any purpose other than expressly authorized by DOMCUT; Decompile, reproduce the source code, and distribute the Services on a component, except as permitted by applicable law; Enforcing the launch or launch of any programs or scripts for extraction of data by scraping, indexing, testing, or other data mining techniques from any part of the Services, or overcharging or disabling or limiting functionality of any aspect of the Services; Or attempt to gain unauthorized access or to limit any aspect of the Services or related systems or networks.

2. The User undertakes not to take any action that could jeopardize DOMCUT including specifically exposing DOMCUT to failure or causing negative legal consequences for DOMCUT

3. In the event of DOMCUT's exposure to damage or negative legal consequences, the User is obliged to take all available measures so that no damage or negative consequences arise.

4. In the event that DOMCUT is harmed by direct or indirect performance of the User, he is obliged to remedy the damage within 7 days of the dispatch by DOMCUT of the summons to the e-mail address specified when registering the user account.

§4.

COPYRIGHT

The Services and all related rights are owned by and will remain the property of DOMCUT or owned by DOMCUT Licensors. Neither these Terms of Use nor user’s use of the Service does not imply any right to the user:

(A) to the Services or any related rights, except for the limited license granted above; or

B) to use or refer in any way to DOMCUT's names, logos, product or service names, trademarks, service marks, or DOMCUT Licensors.

§5.

USER'S ACCOUNT

1. In order to use most features of the Services, user must register and maintain an active personal user account for the Services (hereinafter referred to as the "Account").

2. To be eligible for registering an Account, the user must be at least 18 years of age or be considered to be of legal age (if different from 18 years of age).

3. Account registration requires that DOMCUT is provided with certain personal information such as full name, address, mobile phone number and email address as well as at least one valid payment method (credit card or accepted payment partner).

4. The User agrees that the data recorded on his account will be reliable, complete and up-to-date. Failure to comply with the obligation to ensure the accuracy, completeness and timeliness of user’s Account data, including the registration of an incorrect payment method or its expiration, may prevent user from accessing, using or terminating the Service.

5. The User is responsible for all activities performed through his / her Account, and is also committed to protecting and securing the username and password of the Account at all times.

6. Unless otherwise authorized by DOMCUT in writing, user may only have one Account.

§6.

RESTRICTIONS IN USE

1. User’s Account can be registered only by an adult person (at least 18 years old or more if applicable).

2. The user may not allow third parties to use his or her Account however the user may order the Service to be used by his underaged children under the user’s supervisory and control and on the user’s own risk.

3. The user may not assign or otherwise transfer his or her Account to any other person or entity.

4. The user agrees to comply with all applicable laws while using the Services and may use the Services only for lawful purposes.

5. In using the Services, user must not obstruct, interfere with, disrupt or damage property, refering either to the External Service Provider or to other third parties.

6. In some cases, in order to access or use the Services, user may be asked to provide proof of identity, and user agrees that if he or she does not provide proof of identity, he or she may not get access the Services and may not be able to use them.

§7.

USER CONTENT

1. DOMCUT may, at its sole discretion, periodically allow users to send, upload, publish or otherwise make available through the Content, text, audio or visual services, including comments and feedback on the Service (hereinafter referred to as "User Content").

2. All User Content provided by the user remains his property. However, by submitting Content, user grants DOMCUT a worldwide, irrevocable, irrevocable, , royalty-free license to use, copy, modify, derivative works, distribute, publicly display, publicly perform Reproduction and other use of such User Content in all formats and in all distribution channels currently known or developed in the future (including in connection with the Services and the activities of DOMCUT, as well as in third parties and services) without the need for additional notification or consent From the user as well as without the need to pay the user or any other person or entity any amount (without remuneration).

3. The user declares and warrants that:

A) is the sole and exclusive owner of all User Content or has all the rights, licenses, permissions and permissions necessary to grant the DOMCUT a license to the User Content as described above; and

B) neither the User Content nor the posting, uploading, publishing or other sharing of such User Content, nor the use of this User Content by DOMCUT, will infringe or misappropriate intellectual property rights or third party ownership and will not violate any applicable law.

4. The User undertakes not to transmit User Content that is defamatory or hateful, contains content that is violent, obscene, pornographic, illegal or otherwise offensive, of which DOMCUT will determine at its discretion.

5. DOMCUT may, but shall not be obligated to verify, monitor or delete User Content at its sole discretion, and at any time and for any reason, without notice to user.

§8.

TECHNICAL REQUIREMENTS

1. The User is obliged to provide sufficient network access to use the Services. Mobile networks may charge for data or text messages when accessing or using the Services through a wireless device - it is user’s responsibility to cover such charges.

2. The user is obliged to obtain and update the compatible hardware or devices necessary to access and use the Services and the Application, including any updates.

3. DOMCUT does not warrant that the Services or any part thereof will operate on any particular hardware or device.

4. The user acknowledges that the use of the Services may also include defects or delays in the Services that are inherent in the use of the Internet and electronic means of communication.

§9.

FEES

1. The User understands that the use of the Services may lead to the charging of fees for services or goods received from External Service Providers (hereinafter referred to as "Fees").

2. Upon receipt of services or goods obtained through the use of the Services, DOMCUT will enable the relevant Charges to be remitted on behalf of the External Service Provider, acting as a limited charging agent on behalf of the External Service Provider. Payment of the fees in this way will be equivalent to paying the fee directly to the External Service Provider. The amount of the Fee will include the applicable taxes resulting from the applicable law.

3. Fees paid by the user are final and non-refundable, unless otherwise indicated by DOMCUT in Cancellation Policy.

4. DOMCUT will respond appropriately to any request made by the External Service Provider to change the fees for a particular service or product.

§10.

PAYMENTS

1. All Fees are due immediately, and DOMCUT will allow the user to make payments using user’s preferred payment method indicated in User Account, and then send the user a payment confirmation email with the respective INVOICE.

2. If the payment method specified by the user is invalid or otherwise incapable of being used, the user authorizes DOMCUT as a limited agent to charge, on behalf of the External Provider, to use the indicated User Account alternative payment method.

3. In the relationship between DOMCUT and the user DOMCUT reserves the right to establish, remove or modify the Fees for any services or goods obtained through the use of the Services, and DOMCUT may do this at any time and at its own discretion.

4. DOMCUT may from time to time provide certain promotional offers or discounts to users, which may result in a difference in the amount of the same or similar services or goods obtained through the use of the Services, and the user agrees that such Promotional offers and discounts, if not made available to them, have no bearing on user’s use of the Services or any fees charged to the user.

§11.

REMUNERATION OF THE EXTERNAL SERVICE PROVIDER

1. The payment structure shall provide the full remuneration of the External Service Provider for the services or goods supplied.

2. The User understands and agrees that while he or she is free to tip an External Service Provider for his or her goods or services within the Service, he or she is not obliged to do so. Tipping is voluntary. Once the user have used the service or received a product obtained through the Service, the user will be able to evaluate user’s impressions and leave additional feedback on External Service Provider.

§12.

RESCHEDULING AND CANCELLATION POLICY

1. The User may cancel or reschedule any confirmed booking at User’s account under the following terms.

2. The User understands and agrees that he or she is not able to reschedule any booking within 12 hours prior to the time of the appointment. The date, time and address of the new booking are subject to the availabilities of the External Service Providers, as in the first booking.

3. The User understands and agrees that he or she can cancel a booking anytime. However, the User is only fully refunded if the cancellation is done with more than 48 hours prior to the time of the appointment. If the cancellation is done within 48 and 12 hours prior to the time of the appointment, User is 50% refunded. Cancelations within 12 hours prior to the time of the appointment are not refunded.

§13.

NOTIFICATIONS

DOMCUT may send alerts in the form of a general notice on the Services, by sending an e-mail or text-message to the User according with the data at User’s Account.

§14.

PROMO CODES

  1. DOMCUT may, in its sole discretion, create promotional codes that may be redeemed for credit in User’s Account, or other features or benefits related to the Services, subject to any additional terms that DOMCUT establishes on a per promotional code basis (“Promo Codes”).

  2. Unless otherwise expressly stated in additional terms DOMCUT established for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or Service visit, and each Promo Code benefit may only be redeemed once per account.

  3. Only Promo Codes sent to the User through official DOMCUT communications channels are valid.

  4. User further agrees:

  1. to use Promo Codes only for their intended purpose, and in a lawful manner;

  2. to not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by DOMCUT;

  3. that Promo Codes may be disabled by DOMCUT at any time for any reason without liability to DOMCUT;

  4. that Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code;

  5. that Promo Codes have no cash value;

  6. that Promo Codes may expire prior to User’s use.

§15.

RESPONSIBILITY

1. DOMCUT makes no representations or warranties regarding the reliability, timeliness, quality, accuracy or availability of the Services, or any other services or goods ordered through the Services or applications, nor with respect to continued access to the Services or lack of Errors in the Services.

2. DOMCUT shall not be liable for any direct, indirect, incidental, consequential or punitive damage including loss of data, damage to health or property damage arising out of or in any other way arising out of any use of the Services. , Even if DOMCUT has been advised of the possibility of such damages. DOMCUT will in particular not be liable for any damage or loss resulting from:

A) The user’s use or reliance on the Services or user’s ability to use the Services or

B) any transaction or relationship between the user and any external service provider, even if DOMCUT has been advised of the possibility of such damages;

C) DOMCUT will not be liable for delays or default for reasons beyond the reasonable control of DOMCUT.

3. The User acknowledges that the Outsourced Service Providers ordered through DOMCUT are solely responsible for any damage or harm caused by them. The user uses their services at his or her own risk. The user is aware that DOMCUT does not provide services in the broadly understood beauty and wellness sector.

4. The limitations of DOMCUT's liability do not limit the rights of consumers that can not be restricted in accordance with applicable law.

5. The user agrees to indemnify DOMCUT and its members, officers, employees and representatives from and against any and all claims, demands, losses, liabilities and expenses (including legal costs) arising out of or in connection with:

A) the user’s use of the Services or goods obtained through the Services;

B) breach by the user of any of the provisions of these Terms;

C) use of DOMCUT User Content provided by the user; or

D) User's violation of the rights of any third party, including External Service Providers.

6. DOMCUT shall not be liable for any damages resulting from improper operation of the Service or permanent termination of service provided by Force Majeure, ie a sudden and external event that could not be prevented.

§16.

TRANSFERRING RIGHTS

1. The User shall not be entitled to transfer the rights or obligations arising from these Terms in whole or in part without the prior written consent of DOMCUT.

2. The User hereby grants DOMCUT the right to transfer the rights and obligations under these Regulations in whole or in part to:

A) associated entity or subsidiary entity;

B) the transferee of DOMCUT's shares, its business or property; or

C) legal successor.

§17.

JURISDICTION

1. In the event of a dispute between DOMCUT and the User, it will be resolved by a court whose jurisdiction is determined in accordance with the provisions of Polish law.

2. Disputes, as far as possible, should first be resolved between the parties on an amicable way.

3. If the law allows that possibility, the court competent for the settlement of the dispute is the court competent for the domicile of DOMCUT.

§18.

FINAL PROVISIONS

1. If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable in whole or in part, under any law, such provision or portion thereof shall be deemed not to be a part of these Rules, without prejudice to the legality, validity and enforceability of the remaining provisions of these Regulations. In such a case, the Parties will replace the unlawful, invalid or unenforceable provision or part thereof with a provision or part of a provision that is lawful, valid and enforceable and which, to the fullest extent possible, will have the same effect as unlawful, invalid or unenforceable.

2. These Terms and Conditions constitute the entire agreement and agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements or arrangements concerning its subject matter.

3. In these Regulations, the words "including" and "include" mean "in particular".

4. As a result of the agreement between DOMCUT and the user, and as a result of the use of the Services between the user, DOMCUT, or any external service provider, there is no joint venture relationship, partnership relationship, employment relationship or agency relationship.

5. The Terms and Conditions are available for viewing in electronic form on the website . http://www.domcut.com/terms-and-conditions/ in a format that allows downloading it to the hard disk, reading and printing.